Page:Ruffhead - The Statutes at Large - vol 2.djvu/406

 3 63 Q 17. Anno tricefimb quinto Henri ci VIII. A. D. 1543, Within whit TimetheWood divided by the Juftices (hall be .inclofed. Storers left ftanding in Common Woods inclofed and telled. How long Com- mon Woods in- clofed lhall.be kept feveral. Altered by ij El. c.25. §. 18. Preferving of Standils from cutting down. How longWoods inclofed from the Common fhall be preferved from Cattle. The Forfeiture for cutting of Wood in Wafte Giound. Thetord of the "Wood excluded of ms Comraoa faid fourth Part of the faid Woods and Under-woods, or of as much thereof as fhall amount to the full fourth Part thereof, that then two Juftices of the Peace, not being of the Kin, Alliance, Councel or Fee of or to the faid Lord or Owner, being thereunto appointed by the more Number of the Juftices of the Peace of the Shire, where the faid Ground or Soil lieth, in their open Quarter-Seffions, upon Requeft and Suit made unto them by the Lord or Owner, or by his or their lawful Deputy or Deputies, of the faid Woods, Under-woods, Grounds or Soil, {hall have full Power and Authority to call before them, upon Rich Pains and Penalties as the faid Juftices fhall limit and appoint, fuch twelve of the faid Commoners and Inhabitants, nigh unto the fame Woods or Under-woods, as by the Difcretion of the faid two Juftices fhall bethought meet and convenient: (3) And upon or after the Appearance of the fame Lords, Owners, Commoners and Inhabitants, or the more Part of them, the fame Juftices fhall open and declare unto trn fame Lord, Owner, Commoners and Inhabitants, the Caufe of their Affembly and Appearance, and that done, fhall by the Advice and Affent of the faid Lords, Owners, Commoners and Inhabitants, or their lawful Deputy or Deputies, or of the more Part of them, effectually proceed to the Severing, Dividing, Meting and Bounding of the faid fourth Part of the faid Woods and Under-woods, or of fo much thereof as fhall amount to the fourth Part thereof. (4) And if the fame Juftices, Owners, Commoners and Inha- bitants, or the more Part of them, cannot or will not agree upon the Divifion, Bounding or Setting out of the faid fourth Part thereof, as is aforefaid ; that then the faid Juftices fhall have full Power and Authority by this A<5t, to fever, divide and fet out by Mete and Bound, the fourth Part of the faid Woods and Un- der-woods, or fo much thereof under the fame fourth Part of the faid Woods and Under-woods, as fhall, by the Difcretions and Wifdoms of the faid Juftices, be thought neceflary and requifite to limit and fet out: {<;) And within three Months next after fuch Severance and Setting forth thereof the Owner or Owners of the fame Woods or Under-woods, in Form afore declared, fhall fufficiently enclofe the fame Part of the faid Ground or Soil fo fet forth as is aforefaid ; (6) and after fuch Enclofure made, the faid Owner of the faid Woods or Under-woods may, at his Liberty and Pleafure, fell, cut down and take the faid Woods and Under-woods, being or that fhall be in or upon the laid Coppice Woods, Under-woods, Ground or Soil fo fet forth, or any Part thereof. VIII. Provided alway, and be it enacted by the Authority aforefaid, That there fhall be left ftanding and unfelled in and upon the faid Part of every the fame Woods or Under-woods, Ground or Soil fo fevered, bounden and fet out diftinftly in Manner and Form as is aforefaid, at every felling thereof, fuch arid like Number of Standils or Storers of young Oaks, or other young Trees of Elm, Afh, Afp, or Beech, if it be Coppice or Under-woods, which fhall be fo felled or cut down; and if the Woods that fhall be felled fhall be great Trees or great Woods, then fuch Number fhall be left ftanding of great Trees in or upon the faid Part to all Intents, Conftruitions and Purpofes, and upon like and the fame Penalties as is before limited and appointed for not leaving, referving and preferving of Standils and Storers above appointed to be left ftanding in feveral Woods and Grounds : (2) And that the faid Part or Parcel fo fevered, bounded and fet out in Manner and Form aforefaid, after every felling or cutting down of the Coppice Woods or Under-woods, for the Time being, in or upon the fame, by the Authority of this A£t fhall be fufficiently inclofed and fenced, and the Inclofure thereof fufficiently and continually kept, made, repaired, preferved and maintained by the Space of feven Years next after every felling thereof, in like Manner and Foim to all Intents and Purpofes, and upon the fame and like Pains and Penalties, as is before limited, rehearfed and appointed for the not clofing or fencing, and for the not keeping, maintaining, repairing and preferving of the faid feveral Coppice, Under-woods and Woods. (3) And alfo that the Standils, Storers and great Trees, limited and appointed to be left ftanding in or upon the faid Part, fhall be there left ftanding, pre- ferved and not cut down, in fuch like Manner and Form, and by all fuch Time, and upon fuch like Penal- ties, to all Intents and Purpofes, as is afore limited, appointed and declared for the Prefervation and not felling of the faid Standils, Storers and great Trees, limited and appointed to be left in and upon the faid feveral Coppice, Under-woods and Woods. (4) And that after the faid felling of the faid Coppice, Under- woods and Woods, ftanding, growing or being, or that fhall ftand, grow or be in any fuch Part of any the faid Woods, Grounds or Places, as is before declared, no Beafts or Cattle, during the Space of feven Years next after the felling of the fame Woods, fhall willingly by any Perfon or Perfons be put in, or fhall be fuffered to feed, or to continue in any Parcel of any fuch Part fo fet forth as is aforefaid, during the faid Term of feven Years next after the felling^ thereof ; upon Pain of Forfeiture and Penalty of iv. d. for the putting in of every Beaft, or wilful fuffering of every Beaft. or Cattle to be put into any of the faid fe- veral Coppice, Under-woods or Woods. IX. And if it fhall happen any Perfon or Perfons, being Owner or Owners of any fuch Woods, Under- woods or Coppice, fet, lying and being in any wafte Ground, as is aforefaid, to cut down any Trees or Under-woods, contrary to the Form aforefaid; that then every Perfon or Perfons, Owner or Owners, fo offending contrary to this Aft, fhall lofe and forfeit for every Tree fo cut down, vi. s. viij. d. (2) the one Half of all the faid Forfeitures to be to our Sovereign Lord the King, and the other Moiety to fuch Perfon that will fue for the fame by Bill, Plaint, Aflion of Debt or Information in any of the King's Courts of Record ; in which Suit no Protection, VVager of Law or Efloin fhall he allowed nor admitted. X. Provided alway, and be it enafted by the Authority aforefaid, That forafmuch as the faid Tenants, Commoners and Inhabitants fhall be by Authority of this A£t excluded of their Common in the faid Part (o to be fevered and fet forth, as is aforefaid, by all the faid Space and Term of feven Years next after the fell- ing or cutting down of the faid Coppice Woods and Under-woods that fhall grow in or upon the fame Part from Time to Time, that in Recompence thereof the fame Commoners, Tenants and Inhabitants fhall and may ufe, take and have their Common for their Cattle-within the Refidue of the faid Woods, Under-woods, Ground and Soil not being enclofed, in Manner and Form as if this A£t had never been had ne made. (2) And that the Lord being Owner of the faid Ground or Soil fhall be by the Authority of this Act ex- cluded and foreclofed to put or have any Cattle or Beafts in or upon the fame Refidue, or to uke any Profit of