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No. XXVI. appointed by the justice before whom such offender shall be convicted,

and over and above pay down presently unto the overseers, for the use of 28 & 23

the poor of the parish where such offence shall be committed, such sum Car. II.

of money not exceeding ten shillings, as the said justice shall think meet: c. 25.

And if such offender or offenders do not make recompence or satisfaction

to the said party or partics injured and also pay the said sum to the poor Imprisonment.

in manner and form aforesaid, then the said justice shall commit the said offender or offenders to the house of correction for such time as the said

justice shall think fit, not exceeding one month. No Person shall VI. * And whereas divers idle and disorderly persons have of late time kill or set • taken up in practice to take and kill bares and conies with snares bareSnares for • pipes and other engines in or near woods warrens or other places ;' It is Hares, &c.

hereby further enacted and declared by the authority aforesaid, That if any person or persons from and after the first day of May which shall be in the year of our Lord God one thousand six hundred and seventy-one shall be found or apprehended setting or using any snares hare-pipes or

other like engines and shall be thereof convicted in manner fullowing; The Penalty. the person or persons so offending shall be liable to the penalties in the

immediate foregoing clause of this Act in manner as aforesaid. No Person

VII. • And whereas divers idle disorderly and mean persons do from shall fish in the time to time betake themselves to the stealing taking and killing of fish Pond of any

'vut of ponds pouls motes stews and other several waters and rivers, to Person without the great damage of the owners thereof:' Be it therefore further enacted his Consent, by the authority aforesaid, That if any person or persons from and after with Nets or the first day of May which shall be in the year of our Lord God one other Engines. thousand six hundred seventy and one, shall at any time use any castingSee 2 Bur. 682. net thief-net drag-net tramel shove-net or other net whatsoever, or any

angle hair noose troll or spear, or shall lay any wears pots nets fish-hooks or other engines, or shall take any fish by any means or device whatsoever, in any river slew pond mote or other water as aforesaid, or shall be aiding or assisting thereunto without the licence or consent of the lord or owner of the said water (11.) and be thereof or of any other the offence or offences mentioned in this Act (12.) convict by confession of the offender or by oath of one sufficient witness within one month after the offence committed, before any justice of the peace of such county riding division or place wherein such offence as aforesaid shall be committed,

which oath the said justice of peace is hereby empowered to administer : The Penalty.

every such offender or offenders in stealing taking or killing fish shall for every such offence give to the party or parties injured, such recompence or satisfaction for his or their damages and within such time as the said justice shall appoint not exceeding treble damages; and over and above pay down presently unto the overseers for the use of the poor where the

said offence shall be committeil such sum of money not exceeding ten To be levied by shillings as the said justice shall think meet: And in default of payment Distress. as aforesaid, the same to be levied by distress and sale of the offender's

goods by warrant under the hand and seal of such justice before whom the offender shall be convicted, rendering the overplus if any be; and for want of distress the offender or offenders shall be committed to the house of correction for such time as the justice shall think fit not exceed ing one month ; unless the party offending shall enter into bond with one competent surety or sureiies to the party injured, not exceeding the

sum of ten pounds, never to offend in like manner. Justice of the VIII. And be it further enacted, That it shall and may he lawful for Peace may' cut every justice of peace before whom such offender as aforesaid shall be the Nets, &c. convict, to take cut in pieces and destroy all and every such angles spears

bairs nooses trolls wears pots fish-hooks nets or other engines whatsoever

wherewith such offender as aforesaid shall be taken or apprehended. The Party

1X. Provided always and be it further enacted by the authority aforegrieved may appeal to the Quarter Sessions.

(11.) A Conviction quashed (amongst other de. (12.) There is nothing in the subsequent part fects) for not stating the taking to be without the of the Clause to give effect to these words. consent of the owner. Rex v. Mallinson, 2 Bar. 679.

c. 25.

said, That if any person or persons shall find him or themselves ag- No. XXVI. grieved by any judgment which shall happen to be given by any justice

22 & 23 of the peace by virtue of this Act, it shall and may be lawful for such person or persons so aggrieved to appeal unto the justices of peace in

Car. II. their general or quarter sessions which shall happen to be held next after such judgment given, who or the greater number of them are hereby authorised and empowered to give such relief and make such order therein as shall be agreeable to the tenor of this Act; and such judgment order or determination as by the said justices shall be made upon the said appeal shall be final to all intents and purposes whatsoever, if no title to any land royalty or fishery be therein concerned.

X. Provided always and be it further enacted, That neither this Act A Saving of all nor any thing therein contained shall extend or be construed to extend to Royalties and the taking away or abridging of any royalty or prerogative royal of his Prerogatives to Majesty, nor to abridge change or alter any part of the forest laws of this his Majesty and realm, but all and every such laws rights powers royalties and preroga- Forest Laws. tives royal shall remain and be in as full and ample force and virtue as the same ought to have been in if this Act had not been made ; any thing herein-before contained to the contrary notwithstanding.

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[ No. XXVII. ] 3 William & Mary, c. 10. A. D. 1691.

-An Act for the more effectual Discovery and Punishment of Deer Stealers.

[ No. XXVII. ] 4 & 5 William & Mary, e. 23.-An Act

for the more easy Discovery and Conviction of such as

shall destroy the Game of this Kingdom, WHEREAS divers good and necessary laws have been heretofore 4 & 5 Will. &

made for the better preservation of the Game, notwithstanding Mary, c. 23. which laws, or for want of the due execution thereof, the game of • this kingdom hath been very much destroyed by many idle persons, · who afterwards betake themselves to robberies burglaries or other like

offenees and neglect their lawful employments ;' For remedy whereof, and the more effectual preservation of the game,

II. Be it enacted by the King's and Queen's most excellent Majesties, Laws against by and with the advice and consent of the Lords Spiritual and Temporal destroying and Commons in this present Parliament assembled, and by the autho- Game to be exrity of the same, That all and every law and statute now in force for the ecuted. better preservation of the game and every article and thing in them contained, and not herein and hereby altered or repealed, shall be duly put in execution according to the tenor of the said laws and under the penalties therein contained to be raised levied and disposed of as in and by the said laws are directed.

III. And be it further enacted by the authority aforesaid, That for the Constable by more easy conviction of such offenders as by the said laws are prohibited, Warrant may every constahle headborough and tythingman being thereunto authorised search suspectby warrant of one or more justices of the peace under his or their hands ed Houses, and seals shall and may have full power and authority and is hereby required to enter into and search (in such manner and with such power as in and by an Act for the more effectual discovery and punishment of deer-stealers, made in the third and fourth years of their present Majes- 3 & 4 Will. & ties reign, is provided in case of venison or skin of any deer or toyls) Mary, c. 10. the house or houses outhouses or other places belonging to such houses or suspected persons not qualined as aforesaid : And in case any hare if Hare, &c. be partridge pheasant pigeon fish fowl or other game, (1.) shall (upon such found, and

Owner cannot give good Account, he shall be convicted. Burn, v. 1. 485.

(1.) Rabbits killed in a private Warren are not Game within this Act. 1 Ld. Raym. 151.

c. 23.

No. search or otherwise) be found, the offender shall be carried before some XXVIII. justice of peace of the same county riding or division; and if such person

do not give a good account how he came by such bare partridge pheasant 4 & 5

pigeon fish fowl or other game, such as shall satisfy the said justice, or Will. & M. else shall not in some convenient tiine to be set by the said justice pro

duce the party of whom he bought the same, or some other credible per

son to depose upon oath such sale thereof, that then such person not Penalty upon

giving such good account, nor producing any such witness as aforesaid, Conviction, &c.

shall be convicted by the said justice of such offence, and upon such conviction shall forfeit for every hare partridge pheasant pigeon fish fowl or other game any sum not under five shillings and not exceeding the sum of twenty shillings, to be ascertained by the said justice; one moiety thereof to bc paid to the informer, and the other moiety to the poor of the parish where the offence was comınitted; the same to be levied by distress and sale of the offender's goods by warrant under the hand and seal of the justice before whom the offender shall be convicted, rendering the overplus if any be; and for want of distress the offender or offenders

shall be committed to the house of correction for any time not exceeding Person having one month and not less than ten days, there to be whipt and kept to hard Greyhounds, labour ; and in case any person or persons not qualified by the laws of this &c. how con- realm so to do, shall have keep or use any bows greyhounds setting-dogs victed and pu- ferrets coney-dogs hayes lurchers nets tunnels lowbels bare-pipes snares nished.

or any other instruments for destruction of fish fowl or other ganie, and shall be thereof convicted upon such evidence as aforesaid, the person or persons so convicted shall forfeit and be subject to the same pains and penalties as are hereby directed to be inflicted upon the person or persons who shall be found to have any hare partridge pheasant pigeon fish fowl or other game as aforesaid ; and if any person or persons so produced or charged with the said offence shall not before the same justice givé such evidence of his innocence as aforesaid, he shall be convicted thereof in the same manner as the person or persons first charged therewith is

hereby directed to be, and so from person to person until the first offender Game-keepers shall be discovered. may oppose IV. And to the end all keepers and game-keepers mentioned in and Persons in the duly authorised according to the Act made in the reign of the late King Night.

Charles the Second may be indemnified in the execution of the said 21 Ed. 1. st. 2. office, Be it enacted, That all lords of manors or other royalties or any 22 & 23 Car. 2.

person or persons authorised by them as game-keepers, shall and may within their respective manors or royalties oppose and resist such of fender in the night-time in the same manner, and be equally indemnified

for so doing as if such fact had been committed within any ancient chase Persons not

park or warren inclosed whatsoever. Owners of Fish

V. · And whereas divers idle disorderly and mean persons have and eries, may not keep nets angles leaps piches and other engines for the taking and killo i keep Nets, &c. ing of fish out of the ponds waters rivers and other fisheries to the

damage of the owners thereof;' Be it therefore enacted by the authority aforesaid, That no person or persons whatsoever shall and may at any time or times froni and after the five-and-twentieth day of March, which shall be in the year of our Lord one thousand six hundred ninety-three, have or keep, any net angle leap piche or other engine for the taking of

fish, other ihan the makers and sellers thereof for their better conOwner of

veniency in the sale of the same, and other than the owner and occupier Fishery may

of any river or fishery for the time being; and inoreover that it shall and seize Nets, &c. may be lawful not only for the owner or occupier of any river or fishery, used in his Fish- and also for all and every other person and persons by him or them for

that purpose appointed, to seize detain and keep to his and their own use Burn, v. 1. 495. and uses all and every net angle leap piche and other engine which he or

they shall find used or laid or in the custody or possession of any person or persons whatsoever, fishing in any river or fishery whatsoever without the consent of the owner or occupier thereof, but also for any person or persons whatsoever (being thereunto authorised by warrant under the hand and seal of any justice of the peace of the same county division

c. 25.

6

ery, &c.

borough town corporate or any other place) in the day-time to search No. the houses outhouses or other places of any person or persons hereby XXVIII. prohibited to have or keep the same, as shall be suspected to have or keep in his or their custody or possession any net angle leap piche or

4 & 5 other engine aforesaid, and the same and every or any of them to seize Will. & M. detain and keep to his and their own use and uses or otherwise to cut in

c. 23. pieces or destroy, as things by this Act prohibited to be kept by persons of their degree.

See 4 Ann. c. 21. 9 Ann, c. 26. 1 Geo. 1. st. 2. c. 18. 5 Geo. 1. c. 18. 23 Geo' 2. c. 26. s. 7.

26 Geo. 2. c. 9. 30 Geo. 2. c. 21 and 30. And 33 Geo. 2. c. 27. VI. Provided always, That this Act or any thing therein contained Fishermen, &c. shall not extend or be construed to extend to abridge any fisherman or his lawfully authoapprentice or apprentices, lawfully authorised to fish in navigable rivers rized, excepted. or waters with lawful nets and engines; but that every of them shall and may (according to the laws and orders made and to be made and settled for the good order rule and government of such navigable rivers anil waters) use the trade of fishing, as they lawfully might have done before the making of this Act; any thing in this Act contained to the contrary in any wise notwithstanding.

Vï. And whereas divers offenders duly convicted do commonly pro- No Certiorari, cure writs of certioruri to remove such convictions into superior courts except Security • at Westminster in hopes thereby to discourage and weary out such per- be given to pay

sons injured by great delays expences and incertainties;' Be it there- Costs. fore enacted, That no certiorari shall be allowed to remove any conviction made or other proceeding of for or concerning any matter or thing in this Act, unless the party or parties against whom such conviction shall be made shall before the allowance of such cortiorari become bound to the person or persons prosecuting in the sum of fifty pounds, with such sufficient sureries as ihe justice or justices of the peace before whom such offender was convicted shall think fit, with condition to pay unto the said prosecutors (within one month after such conviction confirmed or procedendo granted) their full costs and charges to be ascertained upon their oaths ; and that in default thereof it shall be lawful for the saill justice and justices and others to proceed to the due execution of such conviction in such manner as if no certiorari had been awarded.

VIII. Provided, That where any offender shall be punished by force Not to be puof this Act he shall not be prosecited nor incur the penalty of any other nished twice for law or statute for the same ottence.

same Offence. IX. Provided always, That if any action bill plaint or suit shall at any time after the said five-and-twentieth day of March be commenced or brought against any person or persons whatsoever for or by reason of any matter or thing which he or they shall do in pursuance of this Act, it shall and may be lawful to and for the person or persons so sued or pro, General Issue. secuted to plead the general issue and give this Act or any other special malter in evidence; and if the verdict shall pass with the defendant or defendants in such action or the plaintiff or plaintiffs become ncnsuit or suffer any discontinuance thereof, that in any such case such defendant or defendants shall have his or their treble costs which he or they shall have Treble Costs. sustained in defence of such action or suit for which the said defendant or defendants shall have the like remedy as in other cases where costs by the laws of this realm are given to the defendants.

x. And whereas great inischiefs do ensue by inferior tradesmen, (2.) Tradesmen, &c 'apprentices and other dissolute persons (3.) neglecting their trades and liable to Costs

for coming on another Man's Ground, to hunt, &c. See 2 Wils. 70.

(2.) In Buxton v. Mingay, 2 Wils. 70. the deemed an inferior Tradesman. Rex v. George, Court were equally divided, whether a Surgeon 6 Mod. 40. In Wickham v. Walter, Barnes, 125. and Apothecary, not qualified to kill Game, was the Jury decided that the Defendant (a Clothier an inferior Tradesman within this Statute. and Alehouse-keeper) was an inferior 'Tradesman, (3.) The Huntsman of a Gentleman of For. and the Court awarded costs accordingly. It is tune, hunting with his Master's Hounds and by not necessary to allege that a person stated to be his orders, but not in his presence, is not a disso- an inferior Tradesman was also a dissolute person. lute person within this clause. Pallant v. Roll, R. v. Clipp, 2 Str. 711. 2 Bl. Rep. 900. A qualified person cannot be

No:

"employments, who follow hunting fishing and other game to the ruia XXVIII, of themselves and damage of their neighbours;' For remedy whereof be

it enacted by the authority aforesaid, That if any such persoa as aforesaid 4 & 5

shall presume to hunt hawk fish or fowl, (unless in company with the Will. & M. master of such apprentice duly qualified by law,) such person or persons c. 23.

shall be subject to the penalties of this Act, and shall or may be sued and prosecuted for their wiltul trespass in such their coming on any person's land, and if found guilty thereof the plaintiff shall not only recover his damages thereby sustained but his full costs of suit; any former law to

the contrary notwithstanding. Penalty upon

XI. Provided always and be it enacted, That for the better preserving burning Ling, the red and black game of grouse commonly called heath-cocks or heath

polts, no person whatsoever on any mountains hills heaths moors forests Heaths.

chaces or other wastes shall presume to burn, betwcen the second day of February and twenty-fourth of June, any grig ling heath furze goss or fern, upon pain that the offender or offenders shall be committed to the house of correctiou for any time not exceeding one month and not less than ten days, there to be whipt and kept to hard labour.

&c. upon

[ No. XXIX. ] 5 Anne, c. 14. A.D. 1706.- An Act for

the better Preservation of the Game. 5 Anne, c. 14. ' WHEREAS several laws have been already enacted for the better All Laws for

preservation of the Game, and by experience been found not Preservation of sufficient to prevent destroying the Game by reason of the multitude of the Game to • higlars and other chapmen, which give great encouragement to idle continue in ! loose persons to neglect their lawful employments to follow and destroy Force, &c. the same;' For remedy whereof and the more effectual preservation of Made perpetual the game, Be it enacted by the Queen's most excellent Majesty, by and by 9 Ann, c. 25. with the advice and consent of the Lords Spiritual and Temporal and which contains Commons in this present Parliament assembleil, and by the authority of other Regula. the same, That all and every of the laws now in being for the better pretions.

servation of the game shall continue remain and be in the same force, not

hereby repealed and altered. Higlar, Car

II. Avd be it further enacted by the authority aforesaid, That if any rier, &c. not to higlar chapman carrier innkeeper victualler or aléhouse-keeper shall from have any Hare, and after the first day of May one thousand seven hundred and seven or buy or sell

have in his or their custody or possession any hare pheasant partridge Hare, &c, on

moor heath-game or grouse, or shall buy sell or offer to sell (1.) any hare Penalty of 51. pheasant partridge moor heath-game or grouse, every such higlar chapSee 3 Bur.

inan innkeeper victualler alehouse-keeper or carrier (unless such game in 1720.

the hands of such carrier be sent up by person or persons qualified to kill 1 J. c. 27. 6. 4. the game) shall upon every such offence be carried before some justice of

the peace for the county riding city or town corporate or liberties where the said offence is committed, and upon view or upon the raih of one or more credible witnesses shall be convicted of the same, shall forfeit for every hare pheasant partridge moor heath-game or grouse the sum of

five pounds, one half to the informer and the other half to the poor of the To be levied by parish where the offence was committed; the same to be levied by, disDistress, &c.

tress and sale of the offender's goods by warrant under the hand and seal of the justice or justices of the peace before whom such offender or offenders shall be convicted, rendering the overplus (if any be) the charge of distraining being first deducted ; and for want of distress the offender or offenders be committed to the house of correction for the first offence

for the space of three months without bail or mainprize, and for every (Q. No ?)

such other offence for the space of four months; provided that such conviction (2.) be made within three months after such offence committed; and that if any certiorari shall be allowed to remove any conviction made

(1.) As to what shall be deemed an Offering months, although the delay was occasioned by to Sale, see 28 Geo. II. c. 12. (post.) sec. I. and the Hearing being adjourned at the request of the the case of Warneford v. Kendall, 10 E. 19. Defendant. Rex v. Tolley, 3 E. 467.

(2.) The Conviction cannot be after the three

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