Page:Ruffhead - The Statutes at Large - vol 3.djvu/311

 Ai'D'V662. , Anno decimo quiiito Caroli II. C. 2. 263 ' or Parties Satfsfacflion for his or their Damages for the firft Fault : (2) And if fuch Offender or Offen- ' ders Aall by fuch Tuftice of Peace or Head Officer be thoueht not able or fufficient ; or if fuch Offen- ' der or Offenders do not make .uch Satlsfadion as aforefaid, that thei^ the faid Juftice of Peace or Head. 'Officer iliall commit the faid Offender or Offenders to the Conftable, or other inferior Officer, to re- '"ceive the Funifhment of Whipping, as in the faid Act more full}? doth ftppear. ' II. A"f^ whereas it is found by daily Experience, efpecially in and about London and other great '^'TpwiiSj where a great Nuinber of fuch idle and lewd Perfons do flielter themfelves, that this Adl nath ^"hoi fiifficiently prevented the faid Mifchief of cutting and fpoiling of Woods and Underwoods, as was j * there is none Witrieis to them, but fuch as are Partakers to the Offence ; as alfo becaufe the faid Pu- ! * nilhment is too fmall for fo great a Fault, which is not only prejudicial and hurtful to the Owners of i Sthe laid Wpods, but very mifchievous and damageable to the Commonwealth :' (2) Beit therefore en^tSed by the Icing's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiri- tual and Temporal, and the Commons, in this prefent Parliament aflembled, and by the Authority of the ' fame, I'hat from and after the four and twentieth Day of yz«^ next enfuing, every Conftablc, Headbo- Who may ap- rough, or any other Perfon, in every County, City, Town Corporate, or other Place where they fliall P'^'j*'"* Wood- be Officers or Inhabitants, fliall and may by V irtue of this prefent A6t have full Power and Authority to *^ '"' apprehend or- caufe to be apprehended all and every Perfon or Perfons they fliall fufped, having or carry- ! ing, or any Ways conveying, any Burthen or Bundles of any Kind of Wood, Underwood,' Poles, or i young Trees, or ' Bark or Bart of any Trees, or any Gates, Stiles, Pofts, Pales, Rails or Hedge-wood, Broom or Furze ; (3 ) and by Warrant under the Hand and Seal of any one Juffice of the Peace diredt- ed to any Officer, fuch Officer fliall have Power to enter into and fearch the Houfes, Out-houfes, Yards, Searcft inHoufss Gardens, or other Places belonging to the Houfes of all and every Perfon or Perfons they fliall fufpeit to o'^ufpei^edPer- have any Kind of Wood, Underwoods, Poles, or young Trees, or Bark or Bart of any Trees, or any °"'' Gates, Stiles, Ports, Pales, Rails or Hedge-wood, Broom or Furze ; (4J and wherefoever they find any fuch, to apprehend and caufe to be apprehended all and every Perfon and Perfons fufpecSled for the Cut- ting and Taking of the fame, and them and every of them, as well thbfe apprehended caiiying or any ■ Ways conveying any Kind of Wood, Underwood, Poles or young Trees, or Bark or Baft of any Trees, I or any Gates, Stiles, Ports, Pales, Rails or Hedge-wood, Broom or Furze, as alfo thofe in whofe Houfes I cr other Places belonging to them, any fuch Wood, Underwood, Poles or young Trees, or Bark or Baft I of any Trees, or any Gates, Sdles, Ports, Pales, Rails or Hedge-wood, Broom or Furze, fhall be found, to carry before one Juflice of the Peace of the fame County, City or Town Corporate: (5) And if the ' (aid Perfon and Perfons fo fufpedled, apprehended and carried before the faid Juftices, do not then and i there give a good Account how he and xht^ came by fuch Wood or Underwood, Poles or young Trees, ■ or Bark or Bart of any Trees, or Gates, Stiles, Ports, Pales, Rails or Hedge-wood, Broom or Furze, by the Confent of the Ovvfner, fuch as fliall fatisfy the faid Jurtice, or elfe fiiali not within fome convenient ' Time, to be fet them by the faid Jurtice, produce the Party or Parties of whom they bought the fame i Wood, Underwood, Poles or young Trees, or Bark or Baft of Trees, Gates, Stiles, Ports, Pales, Rails ! or Hedge- wood. Broom or Furze, or fome other credible Witnefs to depofe upon Oath fuch Saleoftlia ' faid Wood, Underwood, Poles or young Trees, or Bark or Bart of Trees, Gates, Stiles, Ports, Pales; , Rails or Hedge-wood, Broom or Furze, (which Oath the faid Jurtice hath hereby Power to adminifterj That then the faid Perfon or Perfons fo fufpeded, and not giving fuch good Account, nor producing any fiich Witnefs upon Oath to tertify the faid Sale as aforefaid, fliall be deemed and adjudged as convicted of 1 the faid Offence of cutting and fpoiling of the fame Woods, Underwoods, Poles or young Trees, or Bark or Baft of Trees, Gates, Stiles, Ports, Pales, Rails or Hedge-wood, Broom or Furze, within the Meaning of the faid Statute of Queen Elizabeth, and Ihall be hable to the Puniihmcnt therein co.itainedj 43 Eiiz, c,^. and to fuch other Proceedings and Punifhmeiits as by this prefent A<5t fliall be further conrtitjited^ and ! appointed on that Behalf. ... ,]-,.. .: III. And be it therefore enaded by the Authority aforefaid. That all and every Perfon or Perfons coii- The Poni*me«t vi<fted of the faid Offence in Manner and Form before in this Adt mentioned, fhall for the firft Offence for the firft Of- , give the Owner or Owners fuch Recompence or Satisfaifion for his or their Damages, and within fuch '^"'^** Time, as the faid Jurtice (hall appoint, and over and above. j)ay down prefently unto the Overfeers for — the Ufe of the Poor of the Parirti where the faid Offence, or Offences were committed, fuch Sum of Mp^ ney (not exceeding ten Shillings) as the faid Juftices fliall think meet ; (z) and if fuch Offender or Ofr fenders do not make Recompence or. Satisfadtion to the faid Ovwneror Owners, and alfo pay the faid Sun> to the Poor in Manner and Form aforefaid, then the faid Juftice fliall commit the faid Offender or Of^ fenders to the Houfe of Correction, for fuch Time as the laid Juftice lliall think fit not.exceeding one Month, or to be whipped by the .Conftable or other Officer, as in his Judgment fliall feem expedient : (3) And if fuch Perfon or Perfons fliall again commit the laid Offence, and be therepf convi(?ted as.be- TherecouaoS' fore, that then they and every of them- fo offending the fecqnd Time and thereof lb convidied, (hall te '^"'^*"',.' .'J"',' lent to the Houfe of Corfeition fcir one Month, and be .fher.e kept to liard Labour : (4) And if fuch Per- "'.. /. fon or Perfons ihall again commit the faid Offence, and be, thereof convidt^d as before; that then they and every of them fo offending the third Time and: thereof fo convicted,;, fhajl be takp,!i, ^ ^djudged ap4 deemed as incorrigible Rogues,' ' ',j ,, ; .-. ,'.. ._ .>,,-,. .; ■■ ,■ .;'],;;'•, ' .i ' ., IV. Provided always, and.it is further enacted by the Authority aforefaid. That whofoever ftiall buy: "V*^' "•" ft"'" any Burthens of .Wood, or any Poles or Sticks of Wopd, or any qther the Premiffes parciciilariy nienti-. be delif'wrciial oned ill this Bill, which may be juftly fufpeded to h^ve been ftoln or unla^wfully come by. That it fhall and may be lawful to and for the faid Juftices of tl}e.. Peace, Mayors^ Bailiffs and Head Officers or :^-ay piie of them, within their Tcfpective Juri.fdidfions, upon Complaint' to jthem' thereof made, tp examine the faid Matter Upon Oath, which they and every of them refpedfivelyarg 'hejeby authorized to admi- nifter : (2} And if they £hall find that the faiiie was, bought of a Peffon who might juftly be fufpedred to have ftoln or unlawfully come- by the faine, and that the fame was ftoln or unlawfully cume by ; That in fuch Cafe the faid Juftices of Peace, Mayors, Bailiffs, or other Head 0|ficers, .or any one of them re- fpedliveh/s
 * intended, as well b^caufe the faid Offences are committed in fuch a clofe and clandefline Manner, that