Page:Ruffhead - The Statutes at Large - vol 4.djvu/274

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222 C. 5,5. Anrio quintd Ann^ Reginae. A. D. 1706. A& tote a lick Aft. See I Geo, I, St, 2. C, IZ. EXP. December in the firft Year of her Majefty's Reign, to the faid Duke and the Heirs Males of his Body du- ring her Majefty's Life, as aforefaid) but that every fuch Annuity Penfion, or yearly Sum (except before excepted) fhall continue, remain, and be payable as if this A6t had never been made ; any thing herein, before contained to the contrary thereof, in any wife notwithftanding. pub. VI. And be it declared and enafted by the Authority aforefaid, That this Aft fhall be adjudged, deemed, and taken in all Cafes, and in all Courts, and Places, to be a Publick Aik, «. 34. for fatisfying Arrears for Work, &c, at Blenheim, CAP. V. An A£l for fecuring the Church of England as by Law eftablifhed. A£ts 13 Eliz. c, 12. and 13 and 14 Car. 2. c. 4. i^c. to be in Force for ever. Queen's Succeflbrs at their Coronation ta take an Oath to maintain the Church of England, ^~c, "i his A<5t to be for ever an effential Part of any Treaty of Union, is'c, ' This A&i is inferted in the A£1; of the Union, c. 8. and is therefore omitted here.' jafcilW. 3. c. 23- Clinfe farborn- ihg of Offenders in Cheek re- pealed. CAP. VI. An A£t for repealing a Claufe in an A6t, intituled. An A^ for the .better apprehending, profe- cuting, and punijhing Felons that commit Burglaries, Houfe-breaking, or Robberies in Shops, Ware-houfes, Coach-houfes, or Stables, or that Jieal Horfes, ' T7 HE R E A S_ by an Aft made in the tenth Year of the Reign of his late Majefty King William

  • VV the Third, intituled. An Aci for the better apprchendijig, profe cuting, and ptimjlnng Fclojts that com--

mit Burglaries, Houfc-breakingi or Robbery in Shops, Ware-houfes, Coach-houfes, or Stables, or that Jieal Horfes; it is (amongft other Things) enafted, That from and after the tv/entisth Day oi May orx^ thou- fand fix hundred ninety-nine, all and every Perfon and Perfons, who fliould be convifted of or for any Theft or Larceny, and fhould have the Benefit of the Clergy allowed thereupon, or ought to be! burnt in the Hand for fuch Ofi-ence, inftead of being burnt in the Hand, fhould be burnt in the moft -vifible Part of the left Cheek neareft the Nofe : And whereas it hath been found by Experience, that the faid Punifhment hath not had its defired EfFeft, by deterring fuch Offenders from the further com- mitting fuch Crimes and Offences, but on the contrary, fuch Offenders being rcndred thereby unfit to be intruded in any Service or Employment to get their Livelihood in any honeft and lawful Way, be- come the more deiperate ;' Be it enabled by the Queen's moft Excellent Majefty, by and with the Ad- vice and Confeht of the Lords Spiritual and Temporal, and Commons, (;i this prefent Parliament affem- bled, and by the Authority of the fame. That from and after the fourteenth Day of February which fhall be in the Year of our Lord one thoufand fcven hundred and fix, fo much of the faid Aft as inflifts or concerns the inflidling the laid Punilliment of burning in the Cheek, {hall be and is hereby repealed. 11. And be it further enacted by the Authority aforefaid. That in all Cafes where any Perfon or Per- fons fnail, from and after the faid" fourteenth Day oi February, be coftvidted of any Theft or Larceny, and fhall have the Benefit of this Act allowed thereupon, or ought by the Laws in Force before the making the faid AiS, to be burned in the Hand for fuch Offence, fhall be burnt in the Hand, as for- merly they fliould or ought to have been before the making of the faid Aft; and the Judge or Juftices be- fore whom fuch Offender or Offenders fhall be tried and convifted, fliall alfo, at his or their Difcretion, award and giX'e Judgnrent, That fuch. Offender and Offenders fhall be committed to fome Houfe of Ccr- reftion or publick Work-houfe within the County, City, Town, or Place vi^here fuch Conviftion fnall be, there to be, remain, and be kept, without Bail or Mainprize, for fuch Time as fuch Judge or Juftices fhall then judge and award, not kfs thaji fix Months, and not exceeding two Years, to be accounted from the Time of fuch Conviftion, and an entry thereof ftiall be made of Record, purfuant to fuch Judgment and Award, and fuch Offender and Offenders fo judged and avi'arded to remain and be kept in fuch Houfe of Correftion or jniblick Workhoufe, ftiall be there fet at Work, and kept at hard Labour for and during fuch Time as fhall be fo adjudged and recorded ; and in cafe fuch Perfon or Perfons fhall refufe or negleft to work and Labour as they ought to do, the Mafter or Keeper of fuch Houfe of Cor- reftion or publick Work-houfe refpeftively, is hereby required to give fuch Perfons fuch due Corrcflion as fhall be fit and neceffary in that Behalf. If OfFenders JJL And be it further enafted by the Authority aforefaid. That in cafe any fuch Offender or Offenders effapc andbe re- ^.jj^jj^ aftct fuch Judgment given, efcape out ofPrifon, or out of fuch Houfe of Correftion or publick rei""d'toVVmk-^'^okhoufe, as he, Ihe, or they fhall be committed unto, as aforefaid, fuch Perfon or Perfons, being af" tioufc tor twelve tcrwards retaken, fhall be brought before fome or one of her Majefty's Judges, or before two or more Ju- j-ionths, &c. ftices of the Peace (whereof one to be of the Riorum) of fuch County, City, Town, or Place, where fuch Offender or Offenders fhall be fo retaken ; which Judge or Juftices are hereby required to commit fuch Offender and Offenders to fome Houfe of Correftion or publick Workhoufe, within fuch County, City, Town, or Place, where he, flie, or they fhall be fo retaken, there to remain without Bail or Mnin- prize for any Time not kfs than twelve Months, and not exceeding four Years, to be accounted from and keft at hard the Time of fuch retaking, and there be let at work and kept at hard Labour, and receive fuch due Cor- Labour, rcftion. Offenders to be tarnt in the Hand as for- merly! Ani committed to Workhoufe, &c.for 6Months, &c. .Penalty on fuch atrefuleio work,