Page:Ruffhead - The Statutes at Large - vol 3.djvu/105

A.D. 1605. Lord the King, his Heirs or Successors, or the Party grieved, shall suffer Imprisonment of his or their Bodies by the space of three Months; (2) and also shall yield and pay to the Party grieved his treble Damages and Costs, to be assessed and rated by the Justices before whom he or they shall be convicted, after the said three Months expired; (3) and shall find sufficient Sureties for his and their good Abearing against the King, his Heirs and Successors, and all his liege People, for the Space of seven Years after, or else shall remain and continue still in Prison without Bail or Mainprise, until such Time as he or they so offending shall find sufficient Sureties during the said Time and Space of seven Years.

III. And be it likewise enacted by the Authority aforesaid. That the Justices of Oyer and Terminer, Justices of Assize in their Circuits, and Justices of Peace and Gaol-delivery in their Sessions, shall by Virtue hereof have Power and Authority to enquire, hear and determine all and singular the said Offences, by Examination of the Offenders, and to make and award Process thereupon, as well upon Indictments taken before them, as by Bill of Complaint, Information or any other Action in which said Suit or Action no Essoin, Wager of Law or Protection shall be allowed.

IV. And be it also enacted by the Authority aforeaaid. That it shall and may be lawful to the Party grieved, to sue and take his further Remedy against all and every such Offender and Offenders, for his loss and Damages, and to recover the treble Value of the same in that Behalf, as well before the Justices of Oyer and Terminer, Justices of Assize in their Circuits, and Justices of the Peace and Gaol-delivery in their Sessions, or elsewhere in any other the King's Majesty's Courts of Record at Westminster; (2) and that upon true Satisfaction of the said treble Damages to the Party grieved, or upon the Confession or Acknowledgment thereof by the said Party offending, before the justices in open Sessions holden for the of the County wherein the same Offence shall be committed, it shall be at the Liberty of the said Party grieved, to whom the said Offence is committed, to release at his Pleasure the Suretiship of the good Behaviour, at any Time within the said seven Years or before; any Thing in this present Act before mentioned or declared to the contrary notwithstanding.

V. And be it also further enacted by the Authority aforesaid. That if any Person or Persons not having any Manors, Lands, Tenements or Hereditaments, of the clear yearly Value of forty Pounds, or shooting with not worth in Goods or Chattels the Sum of two hundred Pounds, shall use any Gun, Bow or Cross-bow, to kill any Deer or Conies, or shall keep any Buckstalls or Engine-hayes, Gate-nets, Purse-nets, Ferrets or or Coney-dogs, except such Person or Persons as shall have have any Ground imparked with Pale, or inclosed with Wall or Hedge as aforesaid, used for the Keeping, Breeding or Cherishing of any Deer or Conies, the Increasing of which said Conies shall amount to the clear yearly Value of forty Shillings to be letten at the least, or Keepers or Warreners in their Parks, Warrens or Grounds belonging to their Charge; That then any Person having Lands, Tenements or Hereditaments of the clear yearly Value of one hundred Pounds in Fee-simple, Pee-tail or for Life, in his own Right, or in the Right of his Wife, may take from the Person or Possession of such Malefactor or Malefactors, and to his own Use for ever keep, such Guns, Bows, Cross-bows, Buckstalls or Engine-hays, Gate-nets, Purse-nets, Ferrets and Cony-dogs. VI. And be it further enacted by the Authority aforesaid. That if any Person or Persons at any Time in what Case the hereafter shall fortune to be bound before any the Justices before mentioned, to the King, his Heirs or Successors, for his or their good Abearing for seven Years, according to the Tenor of this Act, and the same Party or Parties so bound, shall afterward within the said seven Years come before the Justices of the Peace of the said County where the said Offence was committed, or some of them, in open Quarter-Sessions, and there in the said Sessions confess and acknowledge his or their faid Offence or Offences, and that he or they is or are sorry therefore, and satisfy the Party or Parties grieved, according to the Tenor of this Act: That then the same Justices before whom the said Confession shall be so made, shall and may have Power and Authority by Virtue of this Act, in the same open Sessions, or in any other Sessions afterwards to be holden before the said Justices in the said County, within the said Term of seven Years, if it shall seem good to their Discretions, to discharge the said Recognizance and Bond so taken, and also the said Party and Parties so bound; this Act, or any Thing therein contained, to the contrary thereof notwithstanding. VII. Provided always. That this Act, or any Thing herein contained, do not extend to any Park or inclosed Ground, hereafter to be made and used for Deer or Conies, without the Grant or Licence of our Sovereign Lord the King, his Heirs or Successors, Licence.

VIII. Provided always, and be it further enacted. That this Act, nor any Thing therein contained, shall extend to any Offence or Offences concerning the Hunting, Chafing or killing of Deer or Conies, which shall be done or committed in the Day-time, but only to such Offences as shall be hereafter done or Night only; any Thing in this Act contained to the contrary thereof notwithstanding.

Orasmuch as the Walls, Ditches, Banks, Gutters, Sewers, Gates, Cawseys, Bridges, Streams and Water-courses in and about the City of London, where no Passage of Boats is used, having their Course and Fall into the River of Thames, where it doth usually ebb and flow, and is used for free Passage of Boats to the Sea, are already by the Commission of Sewers appointed to be surveyed, reformed 'and