No. I. paid; and such justices shall also order the said offender to be publickly whipped within three days after such commitment, in the town wherein 10 Geo. III. such gaol or house of correction shall be, between the hours of twelve &c. c. 18. and one of the clock. II. And be it further enacted by the authority aforesaid, That it shall Justices to and may be lawful to and for any one or more of his Majesty's justices grant Warrants, of the peace in or for any county riding division or place, upon information to him or them made for that purpose, to grant a warrant or warrants to search for any dog or dogs stolen as aforesaid, and in case any such dog or dogs or the skin or skins of such dog or dogs shall upon such search be found, to take and restore every such dog or dogs or such skin or skins to the owner thereof; and the person or persons in whose custody or possession any such dog or dogs skin or skins shall be so found (in case it shall appear that such person was privy to such dog or dogs having been stolen as aforesaid, or that such skin or skins was the skin or skins of any dog or dogs stolen as aforesaid) shall respectively be subject and liable to the like penalties and punishments as persons convicted of stealing any dog or dogs are herein-before made subject and liable to. Justices may cause to be drawn up the following III. And for the more easy and speedy conviction of offenders against this Act be it further enacted, That all justices of the peace before whom any person or persons shall be convicted of any offence against this Act shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall happen; videlicet, Form of Con-BE it Remembered, That on the of our Lord viction. Appeal. day of in the year A. B. is convicted before us, of his Majesty's Justices of the Peace for the county of (specifying the Offence and the Time and Place when and where the same was committed, as the case shall be.) "Given under our hands and seals the Day and Year aforesaid.' IV. Provided always, and be it further enacted, That if any person shall think himself or herself aggrieved by any thing done in pursuance of this Act, such person may appeal to the justices of the peace at the next general quarter sessions of the peace to be held for the county or place wherein the cause of complaint shall arise, and within four days after the cause of such complaint shall have arisen; such appellant giving or causing to be given fourteen days notice at least in writing of his or her intention to bring such appeal and of the matter thereof to the persons whose acts are complained against; and within two days after such notice entering into a recognizance before some justice of the peace for such county or place, with two sufficient sureties conditioned to try such appeal and abide the order of and to pay such costs as shall be awarded by the justices at such quarter session: And the said justices at such session upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper; and the determination of such quarter sessions shall be final binding and conclusive to all intents and purposes; and no order made concerning any of the matters aforesaid or any other proceedings to be had touching the conviction or convictions of any offender against this Act, shall be quashed for want of form or be removed by certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster. PART VI. CLASS XIV. Examination.* [No. I.] 1 and 2 Philip and Mary, c. 13.—An Act touching Bailment of Persons. [At length in Vol. VI.J [No. II. ] 2 and 3 Philip and Mary, c. 10.—An Act to take Examination of Prisoners suspected of any Manslaughter or Felony. [At length in Vol. VI.] The following Statutes are inserted in Part V. title Criminal Proceedings. PART VI. CLASS XV. Fireworks. No. 1. 9 and 10 William III. c. 7.-An Act to prevent the throwing or firing of Squibbs, Serpents, and other Fireworks. c. 7. No Person WHEREAS much mischief hath lately happened by throwing casting 9&10 Will. III. and firing of squibbs serpents rockets and other fireworks, some 'persons having thereby lost their lives others their eyes others have had 'their lives in great danger and several other damages have been sustained by many persons, and much more may thereby happen if not speedily prevented:' For remedy whereof for the future, be it 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 whatsoever after the five-and-twentieth day of March one thousand six hundred and shall make, ninety-eight, it shall not be lawful for any person or persons, of what age sell, &c. sex degree or quality soever, to make or cause to be made or to sell or utter Squibbs, Rock or offer or expose to sale any squibbs rockets serpents or other fireworks, ets, Serpents, or any cases moulds or other implements for the making any such squibbs &c. or Cases, serpents rockets or other fireworks, or for any person or persons to permit Moulds, &c. or suffer any squibbs serpents rockets or other fireworks to be cast thrown for making or fired from out of or in his her or their house or houses lodgings or habi- such Squibbs. No. I. 9 & 10 Will. III. c. 7. Penalty on or suffering them, &c. to be thrown or fired from their Houses. Forfeitures how to be levied and applied. Offender not paying Forfeit ure to be com mitted to the House of Correction, &c. Officers of the Ordnance, &c. may order the making of Fireworks, &c. tations, or from out of or in any part or place thereto belonging or adjoining into any public street highway road or passage, or for any person or persons, of what degree quality or age soever, to throw cast or fire or to be aiding or assisting in the throwing casting or firing of any squibbs serpents rockets or other fireworks in or into any public street house shop river highway road or passage, and that every such offence shall be and is hereby adjudged to be a common nuisance. II. And be it further enacted by the authority aforesaid, That if any person or persons, of what age sex degree or quality soever, from and after the said five-and-twentieth day of March shall make or cause to be made or shall sell give or utter or offer or expose to sale any squibbs rockets serpents or other fireworks, or any cases moulds or other implements for the making of any such squibbs rockets serpents or other fireworks, that then every such person or persons so offending and being thereof convicted before one or more justice or justices of the peace of the county limit division corporation or liberty, or chief magistrate of the place where such offence shall be committed, either by the confession of the party or parties so offending or the oath of two witnesses (which oath the said justice or justices of peace or chief magistrate is and are hereby empowered and required to administer) shall for every such offence forfeit the sum of five pounds: And if any person or persons whatsoever from and after the said five-and-twentieth day of March shall permit or suffer any squibbs serpents rockets or other fireworks to be cast thrown or fired from out of or in his her or their house or houses shops dwelling lodging or habitatation or from out of or in any part thereof or place thereto belonging or adjoining into any public street highway road or passage or any other house or place whatsoever, that then every such person or persons so as aforesaid last offending and being thereof as aforesaid convicted shall for every such offence forfeit the sum of twenty shillings; the said several forfeitures to be levied by distress and sale of the goods and chattels of every such offender by warrant under the hand and seal of the said justice or justices of the peace or chief magistrate before whom such conviction or convictions shall be as aforesaid made; the one half of the said forfeitures to be to the use of the poor of the parish where every such offence shall be cominitted and the other half to the use of him or them who shall prosecute and cause such offender or offenders to be as aforesaid convicted. III. And be it further enacted by the authority aforesaid, That if any person or persons, of what age sex degree or quality soever, from and after the said five-and-twentieth day of March shall throw cast or fire or be aiding or assisting in the throwing casting or firing of any squibbs rockets serpents or other fireworks in or into any publick street house shop river highway road or passage, that then every person so offending and being thereof as aforesaid convicted shall for every such offence forfeit the sum of twenty shillings to the uses aforesaid; and if the person or persons so as aforesaid last offending shall not immediately (upon his her or their being thereof as aforesaid convicted) pay to the said justice or justices of of the peace or chief magistrate before whom such conviction shall be as aforesaid made the said forfeiture or forfeitures for the uses aforesaid, that then every such justice or justices of the peace or chief magistrate is and are hereby empowered and required by warrant under his or their hands and seals to commit every such person or persons so as aforesaid last offending to the house of correction within the county division limit corporation or liberty where such offence as is last mentioned shall be committed, there to remain to be set and kept to hard labour without bail or mainprize for any time not exceeding one month, unless such offender as is last mentioned shall sooner pay such forfeiture or forfeitures to the said justice or justices of the peace or chief magistrate. IV. Provided always, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the master lieutenant or commissioners of his Majesty's ordnance for the time being or any other person or persons to be by them or any of them authorised to give orders and directions for the making any sort of fireworks to be used and fired according to such orders and directions as shall be from time to time given by the said master lieutenant or commissioners of his Majesty's ordnance or any other person or persons to be by them for that purpose authorised; any thing herein contained to the contrary thereof in any wise notwithstanding. No. I. 9 & 10 Will. III. c. 7. Artillery Company of London, &c. may use any Sorts of Fireworks in the V. Provided always and be it enacted, That it shall and may be lawful to and for the Artillery Company of the City of London or any other artillery company or society of persons lawfully met together for the use and exercise of arms, the Trained Bands, the Militia of this kingdom respectively, to make and use any sorts of fireworks in the exercise and practice of arms and warlike exploits only, in such manner as they or any of them might lawfully have done before the making of this Act; Exercise of any thing herein contained to the contrary thereof in any wise notwith- Arms, &c. standing. VI. And be it further enacted by the authority aforesaid, That if any person be at any time sued for putting in execution this Act or any the powers therein contained, that then such person so sued shall and may General Issue, plead the general issue of not guilty and give the special matter in evidence; and if the plaintiff in such suit or action be nonsuit or a verdict pass for the defendant, or if such plaintiff discontinue his action or if upon a demurrer judgment be given for the defendant, every such defendant Treble Costs. shall have his full treble costs, to be paid by such plaintiff, and the like execution for the same as in any case where costs are given at law for the defendant. PART VI. CLASS XVI. 9 Henry III. c. 23. 13 Edward I. st. 1. c. 47. The Penalty of taking Salmons at certain Times of the Year. 17 Edward II. st. 1. c. 11. 5 Co. 106. 108. 1 H. 7. f. 23. 11 H. 4. f. 16. 9 H. 7. f. 20. 35 H. 6. f. 27. Fish.* In making the following Collection of the Statutes relating to this Title, I have availed myself of the assistance of Mr. Chitty's Appendix to his Treatise on the Game Laws, and on Fisheries; and have interlined all such Statutes connected with the Plan of the Work as relate to the subject, although they may not fall immediately within the object of this part of it, as relating to the Office of a Justice of Peace. Some of the more ancient Statutes may have become obsolete in practice, and inapplicable to the existing state of the law; but as the space which they occupy is very inconsiderable, I have thought it more eligible that they should be inserted. The Titles only are noticed of such as are of a local nature, and which relate to the Regulation of the Fishery as a Branch of Commerce; and no mention is made of those which relate to the Herring or Greenland Fisheries. [No. I. ]-MAGNA CHARTA.-9 Henry III. Stat. 1. c. 23. (1.) See Weld v. Hornby, 7 East. 195. [ No. II. ] Stat. Westm. 2. c. 47. Anno 13 Edward I. stat. 1. c. 47. IT is provided that the waters of Humber Owse Trent Done Aire Derewent Wherfe Nidd Yore Swale Tese Tine Eden and all other waters (wherein salmons be taken) within the kingdom, shall be in defence for taking salmons from the Nativity of Our Lady unto St. Martin's Day. And that likewise young salmons shall not be taken nor destroyed by nets nor by other engines at millpools, from the midst of April unto the Nativity of St. John Baptist. And in places where such rivers be there shall be assigned overseers of this statute, which being sworn shall oftentimes see and inquire of the offenders: and for the first trespass they shall be punished by burning of their nets and engines: and for the second time they shall have imprisonment for a quarter of a year: and for the third trespass they shall be imprisoned a whole year: and as their trespass increaseth so shall the punishment. (Confirmed by 13 R. 2. st. 1. c. 19. 17 R. 2. c. 9. St. 25 H. 8. c. 7. and see 2. Inst. 477.) [No. III.] Prerogativa Regis, made Anno 17 Edw. II. st. 1. and A. D. 1324.-Cap. 11. His Prerogative in having the Wreck of the Sea, Whales and Sturgeons. ALSO the King shall have wreck of the sea throughout the realm, whales and great sturgeons taken in the sea or elsewhere within the realm, except in certain places privileged by the King. |