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that then, and in fuch cafe, the perfon or perfons fo complaining fhall and may be at liberty to profecute fuch perfon or perfons for their said substraction, in any other Court or Courts whatfoever, where he, fhe, or they might have fued before the making of this Act, any thing in this Act to the contrary notwithstanding.

9. And be it further enacted by the authority aforefaid, That every person and perfons who fhall by virtue of this Act obtain any judgment, or against whom any judgment fhall be obtained, before any Juftices of the Peace out of Seffions, for fmall tithes, oblations, obventions, or compofitions, fhall caufe or procure the faid judgment to be enrolled at the next General Quarter Seffions, to be holden for the faid county, city, riding, or divifion; and the Clerk of the Peace for the faid county, city, riding, or divifion is hereby required, upon tender thereof, to enrol the fame; and that he fhall not afk or receive for the enrolment of any one judgment any fee or reward exceeding one fhilling; and that the judgment fo enrolled, and fatisfaction made, by paying the fame fum fo adjudged, fhall be a good bar to conclude the faid Rectors, Vicars, and other perfons, from any other remedy for the faid fmall tithes, oblations, obventions, or compofitions, for which the faid judgment was obtained.

10. And be it further enacted by the authority aforefaid, That if any perfon or perfons, againft whom any fuch judgment or judgments fhall be had as aforefaid, fhall remove out of the county, riding, city, or corporation, after judgment had, as aforefaid, and before the levying the fum or fums thereby adjudged to be levied, the Juftices of the Peace who made the faid judgment, or one of them, fhall certify the fame under his or their hands and feals, to any Juftice of Peace of fuch other county, city, or place, wherein the faid perfon or perfons fhall be inhabitants; which faid Juftice is hereby authorized and required, by warrant under his hand and feal, to be directed to the Conftables or Church-wardens of the place, or one of them, to levy the fum or fums fo adjudged to be levied, as aforefaid, upon the goods and chattels of fuch perfon or perfons, as fully as the faid other Juftices might have done, if he, fhe, or they had not removed as aforefaid, which thall be paid according to the faid judgment.

11. Provided always, and be it enacted, That no Vicar or other perfon fhall have remedy to recover fmall tithes, or other dues aforefaid, which became or were due before the making of this Act, unless complaint be made to the

Juftices

Juftices of the Peace in form aforefaid, before the first day of October, which fhall be in the year of our Lord one thousand fix hundred ninety-fix.

12. And it is hereby declared and enacted, That the faid Juftices of the Peace, who fhall hear and determine any of the matters aforefaid, fhall have power to give cofts, not exceeding ten fhillings, to the party profecuted, if they fhall find the complaint to be falfe and vexatious; which cofts fhall be levied in manner and form aforefaid.

13. Provided alfo, and be it further enacted, That if any perfon or perfons fhall be fued for any thing done in execution of this Act, and the Plaintiff in fuch fuit fhall. difcontinue his action, or be nonfuit, or a verdict pafs against him, that then, in any of the faid cafes, fuch perfon or perfons fhall recover double cofts.

14. Provided always, That any Clerk or other perfon or perfons who fhall begin any fuit for recovery of fmall tithes, oblations, or obventions, not exceeding the value of forty fhillings, in his Majefty's Court of Exchequer, or in any of the Ecclefiaftical Courts, fhall have no benefit by this Act, or any clause in it, for the fame matter for which be or they have fo fued.

15. Provided always, and be it further enacted, That this Act fhall continue for the space of three years, and from thence to the end of the next Seffion of Parliament, and no longer.

[This Act is made perpetual by Stat. 3 and 4 Ann. cap. 18.]

7, 8 Will. III. Cap. xxxiv. Sect. 4, 5.

Extract of an A&t that the Solemn Affirmation and Declaration of the People called Quakers Shall be accepted instead of an Oath, in the ufual form.

AND whereas, by reafon of a pretended fcruple of confcience, Quakers do refufe to pay tithes and churchrates; be it enacted by the authority aforefaid, That where any Quaker fhall refuse to pay or compound for his great or fmall tithes, or to pay any church-rates, it shall and may be lawful to and for the two next Juftices of Peace of the fame county, (other than fuch Juftice of the Peace as is Patron of the church or chapel, whence the faid tithes

do or fhall arife, or any ways interested in the said tithes,) upon the complaint of any Parfon, Vicar, Farmer, or Proprietor of tithes, Church-warden or Church-wardens, who ought to have, receive, or collect, the fame, by warrant under their hands and feals, to convene before them fuch Quaker or Quakers neglecting or refufing to pay or compound for the fame, and to examine upon oath, which oath the faid Juftices are hereby impowered to adminifter, or in fuch manner as by this Act is provided, the truth and juftice of the faid complaint, and to afcertain and state what is due and payable by fuch Quaker or Quakers to the party or parties complaining, and by order under their hands and feals to direct and appoint the payment there of, fo as the fum ordered, as aforefaid, do not exceed ten pounds; and upon refufal by fuch Quaker or Quakers to pay according to fuch order, it fhall and may be lawful to and for any one of the faid Juftices, by warrant under his hand and feal, to levy the money thereby ordered to be paid, by diftrefs and fale of the goods of fuch offender; his executors or administrators, rendering only the overplus to him, her, or them; neceffary charges of diftraining being thereout first deducted and allowed by the faid Juftice; and any perfon finding him, her, or themfelves aggrieved by any judgment given by fuch two Juftices of the Peace, thall and may appeal to the next General Quarter Seffions to be held for the county, riding, city, liberty, or town corporate; and the Juftices of the Peace there prefent, or the major part of them, fhall proceed finally to hear and determine the matter, and to reverfe the faid judgment, if they fhall fee caufe; and if the Juftices then prefent, or the major part of them, fhall find caufe to continue the judgment given by the first two Juftices of the Peace, they fhall then decree the fame by order of Sefbfions, and fhall alfo proceed to give fuch cofts against the Appellant, to be levied by diftrefs and fale of the goods and chattels of the faid Appellant, as to them fhall feem juft and reasonable; and no proceedings or judgment had or to be had by virtue of this Act fhall be removed or fuperfeded by any writ of certiorari, or other writ out of his Majelty's Courts at Weftminster, or any other Court whatfoever, unless the title of fuch tithes fhall be in question.

5. Provided always, that in 'cafe any fuch appeal be made as aforefaid, no warrant of diftrefs fhall be granted until after fuch appeal be determined.

1 Jac. I. Cap. ix.

༦ ཨཝན

An Act to restrain the inordinate haunting and tippling in Inns, Alebouses, and other Victualling-houses.

WHEREAS the ancient, true, and principal use of inns, alehouses, and victualling-houfes, was for the receipt, relief, and lodging of wayfaring people, travelling from place to place, and for fuch fupply of the wants of fuch people as are not able by greater quantities to make their provifion of victuals, and not meant for entertainment and harbouring of lewd and idle people, to fpend and confume their money and their time in lewd and drunken manner :

2. Be it therefore enacted by the King's most excellent Majefty, the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That if after forty days next ensuing after the end of this prefent feffion of Parliament, any innkeeper, victualler, or alehouse-keeper within this realm of England, or the dominion of Wales, do permit or fuffer any perfon or perfons inhabiting and dwelling in any city, town corporate, market town, village, or hamlet, within this realm of England, or dominion of Wales, where any fuch inn, alehoufe, or tippling-houfe, is or fhall be, to remain and continue drinking or tippling in the faid inn, victualling-houfe, tippling-house, or alehouse, other than such as fhall be invited by any traveller, and fhall accompany him only during his neceffary abode there; and other than labouring and handicraftsmen in cities and towns corporate, and market towns, upon the ufual working days, for one hour at dinner time, to take their diet in an alehouse; and other than labourers and workmen, which for the following of their work by the day, or by the great, in any city, town corporate, market town, or village, fhall, for the time of their faid continuing in work there, fojourn, lodge, or victual, in any inn, alehouse, or other victualling-houfe; other than for urgent and neceffary occafions, to be allowed by two Juftices of the Peace: that then every fuch inn-keeper, victualler, or alehouse-keeper, fhall, for every fuch offence, forfeit and lose the sum of ten fhillings of current money of England, to the ufe of the poor of the parish where fuch offence fhall be committed; the fame offence being viewed and feen by any Mayor, Bailiff,

or

or Juftice of Peace within their feveral limits, or proved by the oath of two witneffes, to be taken before any Mayor, Bailiff, or any other head officer, or any one or more Justice or Juftices of the Peace, who by virtue of this A&t fhall be authorized to adminifter the faid oath to any perfon or perfons that can or will juftify the fame, being within the limits of their faid commiffion.

3. And be it further enacted by the authority aforefaid, That if any inn-keeper, alehouse-keeper, or victualler, fhall at any time utter or fell lefs than one full ale quart of the beft beer or ale for a penny, and of the fmall, two, quarts for one penny, that then every fuch inn-keeper, alehoufe-keeper, or victualler, fhall forfeit for every fuch offence, being duly proved in manner above limited, the fum of twenty fhillings of lawful money of England, to the ufe abovefaid; all and every the faid penalties to be levied by the Conftables or Church- wardens of the parish or parishes where the offence or offences fhall be committed, by way of diftrefs to be taken and detained for the, faid forfeitures, and for default of fatisfaction within fix days next enfuing, the fame then to be presently appraised and fold, and the furplufage or remainder over and above, to be delivered to the party of whom the distress was taken; and for want of fufficient diftrefs, the party or parties offending to be by the Mayor, Bailiff, or other head officer, or Juftice or Juftices aforefaid, committed to the common gaol, there to remain until the said penalty or penalties be truly paid.

4. And be it further enacted by the authority aforesaid, That if the Conftables or Church-wardens do neglect their duty in levying, or do not levy, the faid feveral penalties, or, in default of distress or diftreffes, from time to time do neglect to certify the fame default of diftrefs, by the space of twenty days then next enfuing, to the Mayor, Bailiff, other head officer, or Juftice of Peace, within whose jurifdiction the offence is committed, then every person and perfons fo offending (hall forfeit for every fuch default the fum of forty fhillings of current money of England, to the use of the poor of the parish where fuch offence fhall be committed, to be levied by way of distress of the offender's goods, by warrant from any one or more Justice or Juftices of the Peace, Mayor, Bailiff, or other head officer, within the limits of their jurifdictions refpectively, under his or their hand and feal, to be taken and detained for the faid forfeitures, for the fpace of fix days then next enfuing within which time, if payment be not made,

the

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