Page:Ruffhead - The Statutes at Large - vol 3.djvu/421

 ^ I A. D. 1670. Anno vicefimo fecundo & tertlo Caroli II. C. 25. 2>7Z Perfon or Perfons being thereunto autliorized by Warrant under the Hand and Seal of any Jufticc of the Peace of the fame County, Divifion or Place, may in the Day-time fearch the Houfes, Out-houfes or other Power to feaicU. Places of any I'uch Perfon or Perfons by this Aft prohibited to keep or ufc the fame, as upon c;ood Ground •^louf'^s. {hall b'e fufpefted to have or keep in his or their Cuftody any Guns, Bows, Greyhounds, Setting-dogs, Ferrets, Cony-dogs, or other Dogs to deftroy Hares oi' Conies, Hays, Tramels or other Nets, Lowbels,. Hare-pipes, Snares or other Engines aforefaid, and the fame and every or any of them to fei7.e, detain and keep, to and for the Ufe of the Lord of the Manor or Royalty where the fame fliail be fo found or taken, , or otherwile to cut in Pieces or deftroy, as Things by this A£t prohibited to be kept by Perfons of their Degree. 111. And it is hereby enaded and declared. That all and every Perfon and Perfons not having Lands and whatPerrobj - Tenements, or fome other Eftate of Inheritance, in his own or his Wife's Right, of the clear yearly Va- are proi-.ii.itcd / lue of one hundred Pounds per Annum, or for Term of Life, or having Leafe or Lcafes of ninety-nine Ll"' •'^'-P-n^of Years, or for any longer Term, of the clear yearly Value of one hundred and fifty Pounds, other than the p""/' ^J"^' ' Son and Heir apparent of an Efquire, or other Perfon of higher Degree, and the Owners and Keepers of c Mod. 307;-, Forefts, Park, Chafes or Warrens, being ftocked with Deer or Conies for their necefiary Ufe, in refpect i Salk. 212, of the faid Forefts, Parks, Chafes Or Warrens, are hereby declared to be Perfons i)y the Laws of this Realm not allowed to have or keep for themfelves, or any other Perfon or Perfons, any Guns, Bows, Grey- hounds, Setting-dogs, Ferrets, Coney dogs. Lurchers, Flays, Nets, Lowbels, Hare-pipes, Gins, Snares, or other Engines aforefaid ; but fnall be and are hereby prohibited to have, keep or ufe the fame. ' IV. And forafmuch as divers Warrens and Grounds not inclofed, are ufed for the breeding and keep- No Pcifon fliall- ' ing of Conies in feveral Parts of this Kingdom, and that fundry diflblute and d i ford erly Perfons have '''" "-^"""^^ '" ■ ' been much encouraged to kill and deftroy the Conies in fuch Warrens and Grounds not inclofed in the ^"^"""p ^■°'^ ' Night-time, for that the fame is not prohibited or punifliable by the Statutes in that Behalf made and pro- £„,.„ y^i_^%3^.. For Remedy thereof. Be it enaiSled and declared. That if any Perfon or Perfons fliall at any Time enter wrongfully into any Warren or Ground lawfully ufed or kept for the breeding or keeping of Conies (al- though the fame be not inclofed) and there fhall chafe, take or kill any Conies againft the Will of the Owner or Occupier thereof, not having lawful Title or Authority fo to do, and ftiall be thereof lawfully convicted in Manner hereafter following, the Parties fo offending fliall yield to the Party grieved treble Damages and Cofts, and fuffer Imprifonment by the Space of three Months and after, till they fhall find Forfeiture. . Sureties for their good Abearing. ' V. And forafmuch as divers idle and diforderly Perfons living near unto Warrens, have of late Time No Perfon fliall/l, ' ufed to take and kill the Conies upon the Borders of the fame, and under Colour thereof do oft- time en- in the Niglit ' ter into the faid Warrens, and there take and kill Conies in the Night-time, when they cannot eaftly be ki" any Coniea ■' ' difcovered :' (zj It is further provided and enafted. That no Perfon or Peribns (hall at any Time here- "^^^'warren after kill or take in the Night-time, any Conies upon the Borders of any Warrens, or other Grounds law- exccpuheOwn'r- fully ufed for the breeding ordceeping of Conies; excepting only fuch Perfon or Perfons as, fhall be Owner of the Ground. . of the Soil, or lawful Occupier or Pofleflbr of the Ground, or any Perfon or Perfons employed by him, her or them, whereupon fuch Conies ftiall be fo killed or taken ; (3) upon Pain that every Perfon fo of- xhe Penalty ' fending and being thereof lawfully convifted in Manner hereafter following, fhall give the Party or Parties injured fuch Recompence or Satisfadrion for his or their Damages, and within fuch Time, as fhall be ap-- - pointed by the Juftice before whom fuch Offender fhall be convifted, and, over and above pay down pre- fently unt6 the Overfeers for the Ufe of the Poor of the Parifti where fuch Offence fhall be committed, , fuch Sum of Money not exceeding ten Shillings, as the faid Juftice fliall think meet : (4) And if fuch Of- fender or Offenders do not make Recompence or Satisfaftion to the faid Party or Parties injured, and alfo pay the faid Sum to the Poor in Manner and Form aforefaid, then the faid Juftice fhall commit the faid Of- imprifcnmenta fender or Offenders to the Houfe of Correction for fuch Time as the faid Juftice fhall think fit, not ex- ceeding one Month. ' VI. And whereas divers idle and diforderly Perfons have of late Time taken up a Pra£l:ice to take and ^o Perfon fhall -, ' kill Hares and Conies with Snares, hiare-pipes and other Engines, in or near Woods, Warrens or other kill, orfft Snares -, ' Places ;' (z) It is hereby further enafted and declared by the Authority aforefaid. That if any Perfon or for Hares, ac Perfons from and after the firft Day of May which (hall bein the Year of our Lord God one thoufand fix.-, hundred feventy and one, fhall be found or apprehended fetting or ufing any Snares, Hare-pipes or other like Engines, and fliall be thereof convifted in Manner following ; the Perfon or Perfons {o offending fliall The Penalty, be liable to the Penalties in the immediate foregoing Claufe of this A(5t in Manner as aforefaid. ' VII. And whereas divers idle, diforderly and mean Perfons do from Time to Time betake themfelves to jjo Perfon fliali ' the ftealing, taking and killing of Fifli out of Ponds, Pools, Motes, Stews and other feveral Waters and fi/iu'nthe Pond. ' Rivers, to the great Damage of the Owners thereof :' (2) Be it therefore further enabled by the Autho- of any Peifon rity aforefaid. That if any Perfon or Perfons from and after the firft Day of May which fliall be in the ]^"'"'".'.'y^5°"' ~ 'Year of our Lord God one thoufand fix hundred feventy and one, fhall at any Time ufe any Cafting-net, of",i)^rEngines„ Thief-net, Drag-net, Tramel, Shove-net or other Net whatfoever, or any Angle, Hair, Noofe, Troll or £„,.„^ ;^, j, ^^gj".^^ Spear, or fliall lay any Wears, Pots, Nets, Fifii-hooks or other Engines, or fhall take any Fifh by any Means or Device whatfoever, in ?.ny River, Stew, Pond, Mote or other Water as aforefaid, or fliall be aiding or aflifting thereunto, without the Licence or Confent of the Lord or Owner of the faid Water, and . be thereof, or of any other the Offence or Offences mentioned in this A£l:, convifl by Confefllon of the Offender or by Oath of one fuincient WItnefs within one Month after the Offence committed, before any Juftice of the Peace of fuch County, Riding, Divifion or Place wherein fuch Offence as aforefaid fliall be committed, which Oath the faid Juftice of Peace is hereby impowered to adminifter : Every fuch Offender or OfFenders in ftealing,, taking or killirig Fifti, fhall for every fuch Offence give to the Party or Parties in- jured, fuch Recompence or Satisfaction for his or their Damages, and within fuch Time, as the faid Juf- tica :t
 * vided, which extend only to the ftealing and killing of Conies in Warrens or Grounds inclofed :' (2)