Page:Ruffhead - The Statutes at Large - vol 3.djvu/104

56 first Session of the next parliament

orasmuch as it is certainly known by daily Experience, that the Brood of Sea-fish is spawned and lieth where it may have Rest to receive Nourishment, and grow to Perfection, and that it is there destroyed by Wears, Draw-Nets, and Nets with Canvas, or like Engines in the Middle or Bosom of them, in Harbours, Havens and Creeks within this Realm, to the great Damage and Hurt of Fishermen, and Hindrance of the Commonwealth, for that every Wear near the Sea taketh in twelve Hours, sometimes the Quantity of five Bushels, sometimes ten, sometimes twenty or thirty Bushels of the Brood of Sea-fish; and also those which use Draw-Nets, Nets with Canvas, or the Brood of Engines in the midst of them, do every Day they fish, destroy the Brood of all the Sorts of Fish aforesaid in great Multitudes:'

II. For Reformation whereof. Be it enacted by the Authority of this present Parliament, That every Person and Persons that from and after the five and twentieth Day of July next ensuing this Session of Parliament, shall erect or set up any new Wear or Wears along the Sea-shore, or in any Haven, Harbour or Creek, or within five Miles of the Mouth of any Haven or Creek, or shall willingly take, destroy or spoil any Spawn, Fry or Brood of any Sea-fish, in any Wear or other Engine or Device whatsoever, shall forfeit for every Time so erecting, setting up, taking, destroying or spoiling contrary to this Act, the Sum of ten Pounds of good and lawful Money of England, the one Half to the King's Majesty, his Heirs or Successors, and the other Half to him that will sue for the same: (2) And that every Person which after the first Day of October next ensuing this Session of Parliament, in any Haven, Engines. Harbour, Creek, or within five Miles of the Mouth of any Haven, Harbour or Creek of the Sea, shall fish with any Draw-net or Drag-net under three Inches meash, viz. one Inch and an Half from Knot to Knot, except for the taking of Smoulds in Norfolk only, or with any Net with Canvas, or other Engine or Device, whereby the Spawn, Fry or Brood of Sea-fish may be destroyed, shall forfeit such Net, and also forfeit for every Time so doing, ten Shillings of lawful Money of England, the one Half to the Use of the poor People of the City, Town Corporate, Borough, Market-Town, Parish or Liberty, where the Offence or Offences shall be committed, and the other Half to the Person that shall sue for the same; (3) the said Forfeitures to be levied to the Uses aforefaid, by the Mayor, Bailiff, or other Head Officer of every City, Borough or Town Corporate: And by Warrant of one or more Justices of Peace, it shall be lawful for the Constables and Churchwardens of every Market-Town, Parish or Liberty within which any such Offence or Offences shall be done, by way of Distrefs and Sale of the Offender's Goods, rendring to them the Surplusage, according to the Order of former Statutes in such Cases of Forfeitures ordained.

III. Provided always, That this Ad:, or any Thing therein contained, shall not extend to punish any Person or Persons for using any Net or Nets of lesser Meash than is by this Statute appointed, only for taking of Herrings, Pilchards, Sprats or Lavidnian; any Thing in this Act to the contrary in any wise notwithstanding.

IV. Provided further. That this Act shall not extend to the Isle and County of Anglesey.

HEREAS since the Making of the Statute of Quinto Reginæ Eliziihthæ, cap. 21. there have been divers Grounds inclosed, and used and kept for the Preservation and Maintenance of Deer and Conies; (2) and whereas there is not by the said Statute of Quinto Elizab. neither by any other Act now in Force, any sufficient Remedy provided against such Malefactors and evil-disposed Persons, as shall chase, hunt or kill any the Deer or Conies within such Grounds, sithence the said Statute of Quinto Elizabethæ inclosed and kept, and used for the Maintenance, and Preservation of the said Game as aforesaid, or any former Grounds which have been sithence the Making of the said Statute in any Part altered: (3) By Reason whereof many Riots, Manslaughters, Mischiefs, and other Inconveniences have been daily committed and done, and like to be committed and done, if circumspect Remedy be not hereunto provided:'

II. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, of this present Parliament assembled, and by the Authority of the same, That if any Person or Persons, after the Feast of St. James the Apostle next ensuing, shall in the Night-time, or by Day, wrongfully or unlawfully break or enter into any park impaled, or any other several grounds, inclosed with Wall, Pale or Hedge, and used or kept for the Keeping, Breeding and Cherishing of any Deer or Conies, and wrongfully or unlawfully shall hunt, drive or chase out, or take, kill or slay any Deer or conies, and wrongfully or unlawfully shall hunt, drive or chase out, or take, kill or slay and Deer or Conies within any such impaled Park, or closed Ground with Pale, Wall or other Inclosure as aforesaid, against the Will, Mind or Pleasure of the Owners, Occupiers or Possesioners of the same, not having lawful Title or Authority so to do, and thereof shall be lawfully convicted at the suit of our reign