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Show 390 ACTS RELATING Part III. " imprifonment, for the offence of his " goaler, though not to make him guilty " of felony *." And this it fhould be obferved, is a much fironger cafe than that ofa mailer being criminally rcfponfible for Sect. V. TO THE Cotomns. 39x viétion, he does not pay the forfeiture, within two days of the demand being made by the confiable or overfeer, he Iofcs his nial fervant‘, over whom he is fuppofed to have a much greater and more confiant influence, than what a lherif‘f has over his goaler. commiffion. It appears then, that the principle adopted by this act, the principle of applying collcCtive and vicarious punifhments, of involving the innocent with the guilty, whenever fuch involution is neccilhry to the fupprellion of mifchief, is warranted By the conventicle act ‘1‘, in cafe of the by the general fpirit and practice of our poverty of one perfon prefentat a conventicle, and therefore fubjeél: to a fine of five ihillings for the firfi, and ten {billings for the fecond, ofFence, the penalty is directed to be levied on (my ot/zyr perfon prefent, {0 that no one bear more than ten pounds. By the‘Mutiny Acti, if a foldier de- law, as well as is this cafejufiitied by ne- the aft of his fervant, efpecially if a me- ceflityl In farther defence of the a€t in queltion, let it be added, that the primary intent of it was not that either the innocent {hould fuller, or the guilty; but that the inno- flroys game, the commanding or'lieer for- cent {hould fiand up and join in meafures for compelling the guilty to repair the feits twenty ihillings ; and if, after con- mifchicf they had done, and to return to * 1 Holt. C. P. 597. Dalton, c. 106, tor and Student, 42. f 21 Car. 11. c.1. f. 2, 3. Jr Sec many other cafes cited in Yorkc's Confi-o deration on the Law of Forfeitures for High Trenton. Doc- i See Dialogue on Game Laws, 34. I4. " Viflion, Cc 4 obedience |