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An act to explain and amend so much of an act made in the twelfth year of the reign of Queen Anne, entitled, An act for reducing the laws relating to rogues, vagabonds, sturdy beggars and vagrants into one Act of Parliament; and for the more effectual punishing such rogues, vagabonds, sturdy beggars and vagrants, and sending them whither they ought to be sent, as relates to the common players of interludes. Whereas by an Act of Parliament made in the twelfth year of the reign of Her late Majesty, Queen Anne, entitled, An act for reducing the laws relating to rogues, vagabonds, sturdy beggars and vagrants into one Act of Parliament; and for the more effectual punishing such rogues, vagabonds, sturdy beggars and vagrants, and sending them whither they ought to be sent, it was enacted that all persons pretending themselves to be patent gatherers or collectors for prisons, gaols or hospitals, and wandering abroad for that purpose, all fencers, bearwards, common players of interludes and other persons therein named and expressed, shall be deemed rogues and vagabonds. And whereas some doubts have arisen concerning so much of the said Act as relates to common players of interludes; now for explaining and amending the same, be it declared and 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 from and after the twenty-fourth day of June, one thousand, seven hundred and thirty seven, every person who shall, for hire, gain or reward, act, represent or perform, or cause to be acted, represented or performed any interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any part or parts therein, in case such person shall not have any legal settlement in the place where the same shall be acted, represented, represented or performed without authority by virtue of letters patent from His Majesty, his heirs, successors or predecessors, or without licence from the Lord Chamberlain of His Majesty's household for the time being, shall be deemed to be a rogue and a vagabond within the intent and meaning of the said recited Act, and shall be liable and subject to all such penalties and punishments, and by such methods of conviction as are inflicted on or appointed by the said Act for the punishment of rogues and vagabonds who shall be found wandering, begging and misordering themselves, within the intent and meaning of the said recited Act. II. And be it further enacted by the authority aforesaid that if any person having or not having a legal settlement as aforesaid shall, without such authority or license as aforesaid, act, represent or perform, or cause to be acted, represented or performed for hire, gain or reward any interlude, tragedy, comedy, opera, play-farce, or other entertainment of the stage, or any part or parts therein, every such person shall for every such offence suffer any of the pains or penalties inflicted by the said recited act. III. And be it further enacted by the authority aforesaid, that from and after the said twenty-fourth day of June, one thousand, seven hundred and thirty seven, no person shall for hire, gain or reward, act perform, represent, or cause to be acted, performed or represented any new interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, or any part of parts therein; or any new act, scene or other part added to any old interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any new prologue or epilogue, unless a true copy thereof be sent to the Lord Chamberlain of the King's household for the time being, fourteen days at least before the acting, representing or performing thereof, together with an account of the playhouse or other place where the same shall be and the time when the same is intended to be first acted, represented or performed, signed by the master or manager, or one of the masters or managers of such playhouse or place, or company of actors therein. IV. And be it enacted by the authority aforesaid that from and after the said twenty-fourth day of June, one thousand, seven hundred and thirty seven, it shall and may be lawful to and for the said Lord Chamberlain for the time being, from time to time, and when and as often as he shall think fit, to prohibit the acting, performing or representing any interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any act, scene or part thereof, or any prologue or epilogue. And in case any person or persons shall for hire, gain or reward act, perform or represent, or cause to be acted, performed or represented, any interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any act, scene or part thereof, or any prologue or epilogue, contrary to such prohibition as aforesaid; every person so offending shall for every such offence forfeit the sum of fifty pounds and every grant, licence and authority (in any case there be any such) by or under which the said master or masters or manager or managers set up, formed or continued such playhouse, or such company of actors, shall cease, determine and become absolutely void to all intents and purposes whatsoever. V. Provided always that no person or persons shall be authorised by virtue of any letters patent from His Majesty, his heirs, successors or predecessors, or by the licence of the lord Chamberlain of His Majesty's household for the time being, to act, represent or perform for hire, gain or reward, any interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any part or parts therein, in any part of Great Britain, except in the City of Westiminster and within the liberties thereof, and in such places where His Majesty, his heirs or successors, shall in their royal persons reside, and during such residence only; anything in this Act contained to the contrary in any wise notwithstanding. VI. and be it further enacted by the authority aforesaid that all the pecuniary penalties inflicted by this Act for offences committed within that part of Great Britain called England, Wales and the town of Berwick upon Tweed, shall be recovered by bill, plaint or information in any of His Majesty's Courts of Record at Westminster, in which no essoin, protection or wager of law shall be allowed; and for the offences committed in that part of Great Britain called Scotland, by action or summary complaint before the Court of Session or Justiciary there; or for offences committed in any part of Great Britain, in a summary way before two Justices of the Peace for any country, stewartry, riding, division or liberty where any such offence shall be committed, by the oath or oaths of one or more credible witness or witnesses, or by the confession of the offender. The same to be levied by distress and sale of the offender's goods and chattels, rendering the overplus to such offender, if there be above the penalty and charge of distress. And for want of sufficient distress, the offender shall be committed to any house of correction in any such country, stewartry, riding or liberty, for any time not exceeding six months, there to remain without bail or mainprize. And if any person or persons shall think him, her or themselves aggrieved by the order or orders of such Justices of the Peace, it shall and may be lawful for such person or persons to appeal therefrom to the next general Quarter-Sessions to be held for that said country, stewartry, riding or liberty, whose order therein shall be final and conclusive, and the said penalties for any offence against this Act shall belong, one moiety thereof to the informer or person suing or prosecuting for the same, the other moiety to the poor of the parish where such offence shall be committed. VII. And be it further enacted by the authority aforesaid, that if any interlude, tragedy, comedy, opera, play, farce or other entertainment of the stage, or any act, scene or part thereof, shall be acted, represented or performed in any house or place where wine, ale, beer or other liquors shall be sold or retailed, the same shall be deemed to be acted, represented and performed for gain, hire and reward. VIII. And be it further enacted by the authority aforesaid that no person shall be liable to be prosecuted for any offence against this Act, unless such prosecution shall be commenced within the space of six calendar months after the offence committed. And if any action or suit shall be commenced or brought against any Justice of the Peace or any other person for doing, or causing to be done, anything in pursuance of this Act, such action or suit shall be commenced within six calendar months next after the fact done; and the defendant or defendants in such action or suit shall and may plead the general issue and give the special matter in evidence. And if upon such action or suit, a verdict shall be given for the defendant or defendants, or the plaintiff or plaintiffs or prosecutor shall become nonsuit, or shall not prosecute his or their said action or suit, then the defendant or defendants shall have treble costs and shall have the like remedy for the same as any defendant or defendants have in other cases by law.
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