Page:Ruffhead - The Statutes at Large - vol 3.djvu/522

 teits zG. 474 C. lo. Anno tertio GuLiELMi & Mari^. A. D. 1691. her having the Benefit of this Statute, and Addition of every fuch Perfon or Perfons, and the Certainty o| ihe Felony and Conviftion, to the Judges and Juftices in fuch other County v/here fuch Man or Woman fhall be indifbed, which Certificate being produced in Court, fhall be a fufficient Proof that fuch Man hath' before had the Benefit of his Clergy, and that fuch Woman hath had the Benefit of this Statute. [Made' });il)£tual by 6 & 7 W. 3. cap. 14. §. i.J • C A P. X. An A6i: for tlie more effeiFlual Difcovery and PunifhmeRt of Deer Stealers. 13 R.:;. flat. 7.' "fTTHEREAS notwirhP;anding the many rood Laws before this Time made, and ftill in Force. 10 h! 7.C, II. ' ' ' which do prohibit unlawful Courfing, Hujiting, or killing of Deer; yet inas much as the Penal- 5 £iiz. c. 21. " ' ties thereby provided, are found by daily Experience not to be fiifftcient to deter divers lewd, fturdy, and . -i jii^. I.e. .-3. ' diforderly Perfons, who confederate together in gi'eat Numbers, making amongft themfelves as it were a 7j.:c. 1. c. i;. ' Brotherhood and Fraternity, whereby if any of "them {hall be difcovered and convicted, which feldom J 3 ^-,111. 2. flat. ' liappens becaufe of their great Force and clandcftine Manner of Combination, they b}'- a common Con- 2.2&23 Cir. 2. tribution (for the moft Part) advance and pay, for fuch. Perfons fo apprehended, the pecuniary Penalties.; c.zs- ■ ' (which are but fmallj inflicled on fuch OfFjnders, by reafon whereof the other Confederates efcape Dipj ' covery and condign Punilhment :' Therefore for the more effectual Difcovery and Punifbm^nt of fiich Perfons, ke'fo're aTuft.fs ^^' ^^- '^^ enzczed by^ the King's and Qii.een's mcft Excellent Majefties, by and with the Advice and of Peace of" Confent of the Lords Spiritual and Temporal, and Commons, in Parliament affembled, and by the Au- Deer ftedmg, thoricy of the fame. That if any Perfon or Perfons fliall from and after the twenty-fifth Day of March in if he afterwards the Year of our Lord one thoufimd fix hundred ninety-two, unlawfully courfe, hunt, take in Toyls, hunt Deer, ior- ]j;i]i^ wound. Or take away any red or fallow D.eer in any Foreft, Chafe, Purlieu, Paddock, Wood, Park, or other Ground inclofed, where Deer are, have, or fhall be ufually kept, within the Realm of ^«j/f?«(/, or Dominion of Wales, without the Confent. of the Owner or Perfon chiefly intrufted with the Cuilody thereof, or fhall be aiding or a.Tiflrjng therein, and fliall be convifted thereof by the Confeffion of the Party, or by. the Oath of one or more credible Wifnefs or Witneffes, before one or more Juftices of the Peaceo( the fame County wherein tire Oflence fliall be committed, or the Party offending apprehended (which Ciath' the faid Juflice or Juftices hereby are impowered to .idminifter) and fuch Perfons being profecuted. for fuch ^/'(P™' p.'' Ciffence within twelve Months after fuch Ofi^ence done ; that then every fuch Perfon fo offending by un- "cution'roav"'" '^wful Courfing or Hunting only, when no Deer is taken, woun 'ed or killed, fhall forfeit for every fuch Of- be wittiin3, fence the Sum of twenty Pounds ; and in cafe any Deer fhall by fuch Perfon or Perfons be wounded, taken Tesirs. in Toyls, or killed, that for each Deer fo v/ounded, killed, or taken, fuch Perfon or Perfons iliall re- ror each Deer foesSiively forfeit and pay the Sum of thirty Pounds, to be levied byway of Dillrefs upon the Goods and prnairtevied" Chattels of every fuch Offender, by V/arrant under the Juftice or Juftices Hand before whom fuch Con- by DilucJs. viftion or Convidhions fhall be made ; the one third Part of fuch Forfeitures to be given to the Informer "or Informers, the other Part to the Ufe of the Poor of the Parifli where the Offence fhall he committed, and , J, the other third Part to the Owner of fuch Deer ; and for want of fufficient Diftrefs, that then fuch Per- •jmpr.i'foned and ^"''^ ^^X fuffer Imprifonment by the Space of one whole Year, without Rail or Mainprize, and fhili pilloried for be fet in the Pillory by the Space of one Hour, on fome Market-day in the ne.xt adjoining Town to the Want of Di. "Place where fuch Offence was comm.itted, by the Chief Officer or Officers of fuch Market-town, or ilrofs. tjy i^is or their Under-officer or Officers. Conft^bies rnay HI. And be it further enadfed. That every Conftable;, Headborough, or Tythingman (being thereto learch fnfpici- authorized by the Warrant of one or more Juftices of Peace, under his or their Hands and Seals) faali ^uftice°of Peace ^-'^ "^'^Y have fullPower and Authority (and hereby is required) to enter into and fearch (in fuch Man- hisWairart. ner, and with fuch. Power as in Cafe where Goods are ftolen or fufpefted' to be ftolen) the Houfe or If Venifoii, x-c. Koufes, Out-houfes or other Places belonging to fuch Houfes of fufpefted Perfons ; and in cafe any Venl- bc found, and fgn, or Skin of any Deer, or Toyls, fliall there be found, fuch Officer fhall apprehend fuch Offender, u^"!'"??! c n- ^'"^ carry him before fome Juftice of the Peace of the fame County ; and if fuch Perfon do not gi/e a. n'ot'Ave a good good A^ccount hov/ he came by fuch Venifon, Skins, or Toyls, fuch as {hall fatisfy ' the faid Juftice, or Account, itisafclfe fl'jall not ill fome convenient Time, to be fet him by the faid Juffice, produce the Paf ty of v/hom he Confiftion of bought fucli Venifon, Skins, or Toyls, or fome' other credible Witnefs to depofe upon Oath fuch Sale of ^'^^'■^'^^^"S- the faid Venifon or Skins ; that then fuch Perfon not giving fuch good Account, nor produciiig any fuch 1 oaik. 3 3. v/itnefs as aforefaid, fhall be convi£ted by the faid Juftice of fuch Offence, who,, on fuch Convicfidn, fhall be fiibjeft uuto the Forfeitures and Penalties hereby inflifted for the killing of any one Deer, in the fame Manner as if thereof conviftcd as aforefaid. Conf^aUe ni.iy IV, And to the end that iio Perfons conviiSled of any of the Offences as aforefaid, may efcape Punifll-'' aetain the Per- xTiS-vX by their F.bght or other Removal after fuch Conviftion, be it further enabled by and with the Ait- thoiity aforefaid, 'That it fhall and may be lawful for, and hereby Power and Authority is given (after Convifiion as aforel'aid) to the Conffabl'e or other Officer, or Perfon or Perfons profecuting, to detain in Cuftody fuch Offender or Oifenders (in cafe he or they fliall not prefcntlypay the Monies due by the faid Convidfion) during fuch rcafonable Time as a Return may be conveniently had and made to the Warrant for the Diftrefs upon fuch Conviction, fo as fuch Detainer do not exceed two Days. V. foil till Dillrefs rctjrn'iJ