made in the twenty-seventh year of the reign of queen Elizabeth, 27 Eliz. c. 13. upon pain of forfeiting to the king's majesty, his heirs and successors, as much money as might have been recovered against the hundred by the party robbed if this law had not been made. process on VI. Provided also, that no person or persons upon the Lord's Service of day shall serve or execute, or cause to be served or executed, any the Lord's writ, process, warrant, order, judgment or decree (except in cases of day shall be treason, felony or breach of the peace) but that the service of every Carthew 504. such writ, process, warrant, order, judgment or decree, shall be void to all intents and purposes whatsoever: and the person or persons so serving or executing the same, shall be as liable to the suit of the party grieved, and to answer damages to him for doing thereof, as if he or they had done the same without any writ, process, warrant, order, judgment or decree at all. 10 & 11 WILLIAM 3, CAP. 24, SEC. 14.-An act for making Billingsgate a free market for sale of fish. sturgeon, XIV. Provided nevertheless, that nothing in this act contained Anchovies, shall be construed to prohibit the importation of anchovies, sturgeon, &c. not probotargo, or cavear, nor selling of mackerel before or after divine service on Sundays. 13 GEORGE 3, CAP. 80, SEC. 6.-An act to repeal an act made in the tenth year of the reign of his present majesty, intituled, an act for the better preservation of the game within that part of Great Britain called England; and for making other provisions in lieu thereof. hibited. on a Sunday day. VI. And be it enacted by the authority aforesaid, that from and Penalties for wilfully kilafter the said twenty-fourth day of June, one thousand seven hun- ling game, or dred and seventy-three, if any person or persons shall, upon a Sunday, using a gun or on Christmas day, in the day time, knowingly and wilfully take, or Christmas kill, or destroy any hare, pheasant, partridge, heath game, or moor game, or shall, upon a Sunday, or on Christmas day, use any gun, dog, net, or engine, for taking, killing, or destroying, any hare, pheasant, partridge, moor game, or heath game; every such person being convicted thereof, in the manner and form prescribed by this act, shall be subject to the like forfeitures and penalties as are hereinbefore enacted to be inflicted for other offences against this act. 21 GEORGE 3, CAP. 49.—An act for preventing certain abuses and profanations on the Lord's day, called Sunday.-Whereas certain Preamble; houses, rooms, or places, within the cities of London or Westminster, or in the neighbourhood thereof, have of late frequently been opened for public entertainment or amusement upon the evening of the Lord's day, commonly called Sunday; and at other houses, rooms, or places, within the said cities, or in the neighbourhood thereof, under pretence of inquiring into religious doctrines, and explaining texts of holy scripture, debates have frequently been held on the evening of the Lord's day, concerning divers texts of holy scripture, by persons unlearned and incompetent to explain the same, to the corruption of good morals, and to the great encouragement of irreligion and profaneness; be it enacted by the king's most excellent From the majesty, by and with the advice and consent of the lords spiritual passing of and temporal, and commons, in this present parliament assembled, house, &c. and by the authority of the same, that, from and after the passing of opened for this present act, any house, room, or other place, which shall be amusement this act, any public a Sunday, to which per admitted by shall be deemed a disorderly house; and the keeper thereof shall for every Sunday the or debate, on opened or used for public entertainment or amusement, or for publicly debating on any subject whatsoever, upon any part of the Lord's sons shall be day called Sunday, and to which persons shall be admitted by the payment of payment of money, or by tickets sold for money, shall be deemed a money, &c. disorderly house or place; and the keeper of such house, room, or place, shall forfeit the sum of two hundred pounds for every day that such house, room, or place, shall be opened or used as aforesaid on the Lord's day, to such person as will sue for the same, and be forfeit £200 otherwise punishable as the law directs in cases of disorderly houses: and the person managing or conducting such entertainment or amusement on the Lord's day, or acting as master of the ceremonies there, or as moderator, president, or chairman, of any such meeting for public debate on the Lord's day, shall likewise, for every such offence, forfeit the sum of one hundred pounds to such person as will sue for the same; and every door keeper, servant, or other person, who shall collect or receive money or tickets from persons assembling at such house, room, or place, on the Lord's day, or who shall deliver out tickets for admitting persons to such house, room or place, on the Lord's day, shall also forfeit the sum of fifty pounds to such person as sue for the same. same shall be used as aforesaid. Penalty on the president &c. Door keep ers, and servants. The person who acts as master or mistress in any such be deemed the owner thereof. II. And whereas, by reason of the many subtle and crafty contrivances of persons keeping such houses, rooms, or places as aforesaid, it may often be difficult to prove who is the real owner or keeper house shall thereof; be it enacted by the authority aforesaid, that any person who shall at any time hereafter appear, act, or behave him or herself as master or mistress, or as the person having the care, government, or management of any such house, room, or place as aforesaid, shall be deemed and taken to be the keeper thereof, and shall be liable to be sued or prosecuted, and punished as such, notwithstanding he or Where there she be not in fact the real owner or keeper thereof: and wherever are jointowners, each any such house, room, or place, shall belong to or be kept by divers be liable to persons in partnership, as joint owners or joint keepers thereof, each prosecution. and every such joint owner or joint keeper of such house, room, or place, shall be deemed the keeper thereof, and shall be liable to be sued or prosecuted, and punished as such: and any house, room, or freshments place, at which persons shall be supplied with tea, coffee, or any other refreshments of eating or drinking on the Lord's day, at any greater prices than the common and usual prices at which the like refreshments are commonly sold upon other days at such house, other days; room, or place, or at coffee houses, or other houses where the same of them shall All houses where re are sold at greater prices on Sundays than on shall be are usually sold, shall be deemed a house, room, or place, to which persons are admitted by the payment of money, although money be not there taken in the name of or for admittance, or at the time when persons enter into or depart from such house, room, or place; and such as and any house, room, or place, which shall be opened or used for any public entertainment or amusement, or for public debate, on the Lord's day, at the expense of any number of subscribers or contriSundays, by butors to the carrying on any such entertainment or amusement, or subscription, debate, on the Lord's day, and to which persons shall be admitted by liable to the tickets, to which the subscribers or contributors shall be entitled, penalties in shall be deemed a house, room, or place to which persons are admit opened for public debate, on &c. shall be flicted by this act. ted by the payment of money, within the meaning of this act. any such amusement ing such ad III. And for the better preventing persons assembling on the Penalty on Lord's day for such irreligious purposes as aforesaid, be it further advertising enacted by the authority aforesaid, that any person advertising, or public causing to be advertised, any public entertainment or amusement, for Sunday or any public meeting for debating on any subject whatsoever, on and on printthe Lord's day, to which persons are to be admitted by the payment vertisement. of money, or by tickets sold for money, and any person printing or publishing any such advertisement, shall respectively forfeit the sum of fifty pounds for every such offence, to any person who will sue for the same. how to be IV. And be it further enacted by the authority aforesaid, that Penalties any person entitled to either of the aforesaid forfeitures, may sue recovered. for the same by action of debt in any of his majesty's courts of record at Westminster, in which it shall be sufficient to declare that the defendant is indebted to the plaintiff in the sum of [being the sum demanded by the said action] being forfeited by an act made in the twenty-first year of the reign of his majesty king George the third, intituled an act for preventing certain abuses and profanations on the Lord's day, called Sunday; and the plaintiff, if he recover in any such action, shall have his full costs. months. in execution V. Provided, that no action shall be brought for either of the Actions to be brought said penalties by this act imposed, unless the same be brought within six within six calendar months next after the offence committed. VI. Provided also, that if any action or suit shall be brought Persons sued against any person for any thing done in pursuance and in execution of this act, of this act, the defendant may plead the general issue; and if a may plead verdict pass for the defendant, or the plaintiff discontinue his or her issue, action, or be nonsuited, or judgment be given against the plaintiff, and recover then such defendant shall have treble costs. the general to affect the VII. Provided also, that the ecclesiastical jurisdiction within this This act not realm shall not by this act be altered or abridged; but that the ecclesiastical ecclesiastical courts may punish the said offences, as if this act had jurisdiction; not been made. ation act of VIII. Provided also, that nothing in this act contained shall be nor the tolerconstrued to extend to take away, alter, or abridge, any of the liber- 1 Gul & Mar. ties or immunities to which the protestant subjects of this kingdom are entitled, by an act made in the first year of the reign of king William and queen Mary, intituled an act for exempting their majesties' protestant subjects, dissenting from the church of England, from the penalties of certain laws. 34 GEORGE 3, CAP. 61.-An act for the better observation of the Lord's day, by persons exercising the trade of bakers.-Whereas many persons exercising the trade of bakers do, under pretence of being employed in works of necessity or charity, carry on their trade or calling on the Lord's day, and are employed therein during a much greater part thereof than is requisite for such purposes; be it there- No baker in fore enacted by the king's most excellent majesty, by and with the London, &c. advice and consent of the lords spiritual and temporal, and commons, Sunday, exin this present parliament assembled, and by the authority of the same, that no master baker, journeyman baker, or other person carrying on the business of a baker in the city of London, or within twelve miles of the said city, shall on any pretence whatsoever, to work on cept as here in mentioned on penalty of ten shillings. make, bake, or expose to sale any household or other bread, or rolls of any sort or kind, or bake any meat, puddings, pies, or tarts, or in any other manner exercise the trade or calling of a baker on the Lord's day, or any part thereof (save and except as hereinafter is mentioned); and every master baker, journeyman baker, or other person exercising the business of a baker on the Lord's day, contrary to the true intent and meaning of this act, and being thereof convicted before any justice of the peace of the county, city, or place where the offence shall be committed, either upon his own view, or confession of the party, or proof by one or more witness or witnesses, Penalty may upon oath shall forfeit and pay the sum of ten shillings; and if any distress, &c. person so convicted shall neglect or refuse to pay the said sum of ten shillings, such justice shall and may, by warrant under his hand and scal, direct the same to be levied by distress and sale of the offender's goods and chattels; and, in default or insufficiency of such distress, commit the offender to the house of correction for any time not exceeding fourteen, nor less than seven days, unless Application the penalty or forfeiture shall be sooner paid; and the said penalty of penalty. or forfeiture shall, within seven days after payment thereof, be transmitted by such justice to the churchwardens or overseers of the poor of the parish where the offence shall be committed, to be employed and converted to the use of the poor of such parish. be levied by Bread may be sold, and meat, &c. baked, on Sunday be tween certain hours. Complaints to be made within six days. Convictions to be drawn up in the following form. II. Provided always, that nothing herein contained shall extend, or be construed to extend, to prohibit the selling of bread, or to prohibit or make liable to the penalties of this act any master or journeyman baker, or other person, baking meat, puddings, or pies, only, on the Lord's day, between the hours of nine of the clock in the forenoon and one of the clock in the afternoon, so as the person requiring the baking thereof shall carry or send the same to and from the place where such meat, pudding, or pie is baked. III. Provided always, and be it enacted, that every complaint against any master baker, journeyman baker, or other person, for any thing by him or them done contrary to the provisions of this act, shall be made and prosecuted within six days after the offence committed. IV. And be it enacted, that the justice before whom any person shall be convicted under this act, shall and may cause such conviction to be drawn up in the form or to the effect following: To wit. BE it remembered, that on this day of A. B. is convicted before me [as the case may be], that adjudge the said the same the sum of ten shillings. to pay and forfeit for 3 & 4 WILLIAM 4, CAP. 31.-—An act to enable the election of officers of corporations and other public companies now required to be held officers of public com required to be held on on the Lord's day to be held on the Saturday next preceding, or on the Monday next ensuing.-Whereas the profanation of the Lord's day is greatly increased by reason of certain meetings which are usually or occasionally held thereon: and whereas it is the duty of the legislature to remove as much as possible impediments to the due observance of the Lord's day; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that every meeting Elections of or adjourned meeting of any vestry or corporation, whether ecclesi- corporations astical or civil, or of any public company, for the nomination, election, and other appointment, swearing in, or admission of any officer or officers, or panies now for the transaction of any other secular affair of such vestry, corpo- be held on a ration, or company, and every other meeting of a public and secular Sunday shall nature, which, according to any act of parliament, or according to the Saturday any charter, grant, constitution, deed, testament, law, prescription, preceding or the Monday or usage whatsoever, is or shall be required to be held on any Lord's following. day, or on any day which shall happen to be on a Lord's day, shall be held on the Saturday next preceding or on the Monday next ensuing, at the like hour, with like form and effect, as if the same had been held on such Lord's day; and every matter transacted at any such meeting or adjourned meeting held upon any Lord's day shall be absolutely void and of none effect, to all intents and purposes whatsoever: provided always, that when no such nomination, If election election, appointment, swearing in, or admission shall have taken place on the place on such Saturday, every person whose term of office would, Saturday the according to any such act, charter, grant, constitution, deed, testa- ing the office ment, law, prescription, or usage, have expired on any such Lord's so to do until day, shall continue in office, and exercise and enjoy all the powers the Monday. and privileges annexed or relating to such office, until and on such Monday next ensuing, in the same manner as if such Monday had been the customary day of nomination, election, appointment, swearing in, or admission. does not take person hold to continue made on such be taken to Il Geo. 1, c.4. II. And be it further enacted, that whenever the nomination, Elections not election, appointment, swearing in, or admission of any such officer Saturday or or officers as before mentioned shall not take place on such Saturday Monday shall or Monday, or shall become void, the case shall be and is hereby be within the declared to be within the provisions of an act made and passed in provisions of the eleventh year of his late majesty king George the first, intituled an act for preventing the inconveniences arising for want of elections of mayors or other chief magistrates of boroughs or corporations being made upon the days appointed by charter or usage for that purpose, and directing in what manner such elections shall be afterwards made, as fully and effectually as if such officer or officers had been expressly named in the said act. SPACE LEFT, FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844. |