Page:Ruffhead - The Statutes at Large - vol 2.djvu/320

 282 C. 13. Anno tricefimo fecundo Henri ci VIII. A. D. 154a. Lcicefler, Hereford and Lincoln, or within any of them ; (2) nor (hall put to Feed or Pafture any ftoncd Horfe or Horfes, being above the faid Age of tv/o Years, and not being of the Altitude and Height of fourteen Handful, to be meafured as is abovefaid, within or upon any like Ground or Grounds as been above written, lying or being within any other Shire of this Realm, nor within any of them, (3) upon Pain of Forfeiture of the faid Horfe or Horfes which fball be fo found in or upon any fuch Ground, Forefr, Chafe, Moor, Marifh, Heath, Common cr wafte Ground, at any Time after the faid lr.fr Bay of March which ihall be in the faid Year of our Lord God One thoufand five hundred and three and forty, contrary to the Form of this Statute. Seifureandmco- III. And it fhall be lawful to every Pcrfon and Perfons that fhall find any fuch Horfe or Horfes, con- fiiringof a Horfe trary to the Form of this Statute, o feife the fame in Manner and Form following, that is to fay, The not ot a lawful gj-j p er f on an( j Perfons fo finding any Horfe or Horfes, contrary to this Act, in any Foreff, Chafe, Common, l " E ° ' Moor, Marifh, Heath or wafte Ground, within the faid Shires, or other Limits aforefaid, or in any of them, (ball fir ft go to the Keeper or Keepers of the fame Foreft or Chafe, or to his Deputy or Deputies, or to the Conftable, Bailiff, Headborough, Burfhdlder or Tithingrnan of any Townfhip next adjoining unto the (aid Place v/here the faid Horfe or Horfes fhall be, and lhall command or require him or them, or any of them, in the King's Behalf, to go with him or them,' to bring every fuch Horfe or Horfes as he or they fhall think to be there feeding and going contrary to this Statute, to the next Pound, and there the faid Horfe and Horfes to be meafured by any of the fame Officer or Officers, in the Prefence of three other honeft Men, to be named and appointed by the faid Officer: (2) And if it fo be found that the fame fo fhall challenge and feife the faid Horfe or Horfes, as before is faid, to take and retain the fame Horfe and Horfes, and every of them, to his own Ufe, as his own proper Goods and Chattels for ever, without Let, Interruption, Vexation, Suit or Trouble of the Owner or Owners of them, or any of them, or of any other Perfon or Perfons. The Penalty of jy. Alio it is further enacted by the Authority abovefaid, That if any of the faid Keepers, their Deputy t ilVfutea or Deputies, Bailiffs, Conftables, Headboroughs, Burfholders or Tithingmen, or any of the faid three Horfe not of a other honeft Men, which fhall be required to be at the meafuring of the faid Horfe or Horfes, as is afore- 'Jawful Height, faid, do refufe to do as is aforefaid, or elfe do not truly meafure fuch Horfe or Horfes, that then every being thereunto fuch Bailiff", Keeper, Deputy or Deputies, Conftable, Headborough, Burfholder and Tithingrnan, and th; iec,mred. faid three honeft Perfons, to be named as is aforefaid, and every of them, not doing and refufing to do his or their Duty in the PrcmilTes, fhall forfeit and lofe forty Shillings for every Time fo refufing to do, or not doing as is aforefaid ; the one Half thereof to be to our Sovereign Lord the King, and the other Half thereof to be to the Party that will fue for the fame in any Court of our Sovereign Lord the King, by Bill or Plaint of Debt, Information or otherwife ; in which Action' none Effoin, Wager of Law 01 Protection fhall be admitted or allowed. Horfes breaking y_ Provided alway, That this Act fhall not extend to any ftoned Horfe or Horfes, that fhall happen t'ommon'a^inft: once ' n anv Year, after the faid laft Day of March, to break, efcape or go out of any feveral Pafture or the Owner's Ground, againft the Will and Mind of the Owner or PofTefTor of fuch Horfe or Horfes, into any of the Will. " faid Fore Pes, Chafes, Moors, Marifhes, Heaths, Commons or wafte Grounds, fo that the faid Horfe 01 Horfes fo breaking, efcaping or going out, do not remain or abide in the faid Forefts, Chafes, Moors. Mariihes, Heaths, Commons or wafte Grounds, or any of them, by the Space of four Days next after fufficient and open Notice and Knowledge given at the Dwelling-Houfe of the Owner of the faid Horfe oi Horfes, or after open Publication thereof made upon a Sunday or other Feftival Day, in the Pariih Churcr where the Owner or PolTelTor of fuch Horfe doth dwell. Forefts, Heaths, VI. And be it further enacted by the Authority aforefaid, That all Forefts, Chafes, Commons, Moors. Chafes, Com- Marifhes, Heaths and wafte Grounds, within this Realm of England and Wales, and the Marches of th( GroundTftaii be ^ ame 5 an ^ every of them, fhall be driven at the Feaft of St. Michael the Archangel next coming, or withir driven once in fifteen Days then next after, (2) and fo yearly to be driven by the Lords, Owners and Poffeiibrs of thf the Year. faid Forefts, Chafes, or by the Officers of the fame, and by the Conftables, Headboroughs, Bailiffs 4lnft. 3=9. Burfholders and Tithingmen, within whofe Offices, Precin£ts and Limits, the Commons, Moors, Ma rifhes, Heaths and wafte Grounds, being out of Forefts or Chafes, be or lie, (3 ) upon Pain of xf..s. t< be forfeited to our faid Sovereign Lord the King, by every of the faid Officers, Bailiff's, Conftables Headboroughs, Burfholders and Tithingmen, as often and at every Time as the faid Drift fhall be qmittes or .left undone, or not effectually done within fifteen Days after the faid Feaft of St. Michael the Arch angel, as is aforefaid. (4) And it fhall be lawful to the faid Lords, Owners and Poffeffioners of th'e faiil Forefts and Chafes, by" their Officers of the fame, and by the Conftables, Bailiffs, Headboroughs, Burf holders and Tithingmen, and every of thern, within the Limits of their Offices, to make like Drift ot the faid Forefts, Chafes, Commons, Moors, Mariihes, Heaths and wafte Grounds, at any other Sealbi and Time of the Year, whenfoever and as often as they fhall think meet and convenient. Upon the Drift yil. And furthermore be it enacted, That if in any of the faid Drifts there fhall be found any Mare Sralikely Tits ^' 1Iy ' ^ ole or Gelding, that then fhall be thought not to be able, nor like to grow to lie able to bear Fdle /h.rll bekiiled. °f reafonable Stature, or not able, nor like to grow to be able to do profitable Labours, by the Difcretio Not 10 extend to °f the Drivers aforefaid, or of the more Number of them, then the fame Driver or Drivers fhall caufe th the County of fame unprofitable Beafts, and every of them, to be killed, and the Bodies of them to be buried in th Comwali. Ground, or otherwife bellowed, as no Noyance thereby ihall come or grow to the People there near inha ai Jac. 1, c. 2S. biting or thither reforting. '■ I2 " VIII. And it is further enacted by the Authority of this prefi;nt Parliament, That the Juftices of Pear hi" the'r SeffioT ' n eve 'T Shire, Riding and other Place, in their Quarter-Seffions to be kept and holdcn by Virtue of t ;. and Stewards in' King's Commiffion of the Peace to them directed, and all Stewards of Leets and Lawdays, in the fa)" their Lcets and Leets and Lawdays, fhall have Authority by this Act to inquire. of all Defaults, Contempts, Orni<fi.ons£n . Offence
 * , Horfe or Horfes be contrary to this Act, that then it fhall be lawful to every fuch Perfon and Perfons that