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Dalton's The Country Justice, 1690
Volume 153, Page 217   View pdf image (33K)
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Chap. 86.

E. 6. 1.

Sunday, or Sabbath-day.

    ' The Justices of Peace may make Process by two, Capias and Capias
' Utlegatum, into that or any County, and three of them may bail
' the offender in order to his tryal.

217

    §. 4.
Process.

E. 6. 1.     ' The Justices of Peace in Sessions may award a Writ to this effect,
' Rez, &c.  Episcopo L. salutem præcipimus tibi quod tu, Cancellarius tuus
' vel aluis deputatus tuus sufficienter eruditus sitis cum Justic. nostris ad
' pacem in Com. nostro B. Conservand. offign. apud D. tali die ad Sessionem
' nostram adtunc & ibidem tenendam ad dandum consiliom & advisamentum
' eisdem Justic. nostris ad pacem super arraignamentum & deliberationem
' offendent. contra formam Statuti concernen. sacrosanct. Sacramentum
' Altaris.  Which Writ must be directed to the Bishop of the
' Diocess.
     §. 5.
Writ to the

Bishop.
E. 6. 1.
4 Car. 2.
cap. 4.
    ' The Party indicted may purge and try his innocency by Witnesses.
' Of the Uniformity of Common Prayer and Sacraments, See the Statute
' 14 Car. 2. cap. 4. at large, and 15 Car. 2. cap. 4.
     §. 6.
    ' And the Act of 16 Car. 2. cap. 4. of Conventicles, See Conventicles.
' See for the Process against such as deprave the Sacrament.  Hic tit
' Process.
 
CHAP.    LXXXVI.    V. 49.

Sabbath-day, or Sunday.

    NO Carrier with an Horse, nor Waggoner, Carter, nor Wainman, with
any Waggon, Cart, or Wain, nor any Drover, with any Cattle,
shall be themselves, or any other travel upon the Sunday, upon pain
that every person so offending, shall forfeit Twenty shillings for every
such offence, 3 Car. c. 1.

     §. 1.
Penalty.
    ' This Statute gives the forfeiture but of one Twenty shillings for
' breach of one Sabbath-day, although the driving on that be through many
' several Parishes, and where the Action is first attached, or Distress
' first taken, that Parish shall have the benefit of this Forfeiture.  Resol. 16.
     §. 2.
    If any Butcher, ' by himself, or any other for him, by his privity or
' consent, shall kill, or sell any Victual upon the Sunday, he shall forfeit
for every such offence, 6 s. 8 d. ibid.
     §. 3.
Butcher.
3 Car. 1.
c. 1.
    Any one Justice of Peace (Mayor, or Head-officer of any City or
Town Corporate) within their Limits, upon their own view of any of the
said offences, or upon proof thereof upon oath, by two or more witnesses,
or upon the confessions of the party offending, may make their Warrant to
any Constable or Church-warden (within their several Limits, where such
offence shall be done) to levy the same Forfeitures by Distress and Sale of
the offenders Goods, rendring to the party the overplus:  ' Or may be
' sued for in any Court of Record, in any City, or in the Sessions.
     §. 4.
Punishment.
    Every Justices, and Head-officer aforesaid, have power to minister an
Oath to such Witnesses, ibid.
3 Car. 1.     All the said Forfeitures shall be imployed to, and for the use of the
Poor of the Parish where the offence shall be committed, ibid.
     §. 5.
Forfeitures.
    And yet any such Justice, or other Head-Officer, out of the said Forfeitures,
may reward any person or persons that shall inform, or otherwise
prosecute any such offender according to their discretions, so that such reward
exceed not the third part of the Forfeiture, ibid.
    Provided, that no person shall be impeached by this Act, unless he be
questioned thereof within six months after the offence committed, 3 Car. 
cap.
1.

V



 
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Dalton's The Country Justice, 1690
Volume 153, Page 217   View pdf image (33K)
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