Page:Ruffhead - The Statutes at Large - vol 3.djvu/577

 A. D. 1692. Anno quarto 6c quinto Gulielmi 8c Mari^. C. 23. 529 CAP. XXIII. An A<51: for the more eafy Difcovery and Conviftion of fuch as fliall deflroy the Game of this Kingdom.. ' T<T WHEREAS divers good and neccflary Laws have been heretofore made for the better Prefervation t.iws ag.inft ' Game of this Kingdom hath be n very much deftroycd by many idle Perfons, who afterwards betake !'^,'^''*' for Rer.edy whereof, and the more efFeftual Prefervat'on of the Game ; ' 13 R. a. fijt. i. II. Be it enabled by the King's and Queen's moft Excellent Majefties, by and with tlie Advice and/, 'h', c. n. Confcnt of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament alTembkd, 'and 19 h. 7. c. n. by the -"Authority of the fame. That all and every Lav/ and Statute now in For':e for the better Prefervations^ 'f- S. c. 8. of the Game, and every Article and Thing in them contained, and not herein and hereby altered or re- > ^^^'^- "■ *'• pcaled, fliall be duly put in Execution, according to the Tenor of the faid Laws, and under the Pejiakies ^■'j/j'^j "^^ '°^ therein contained, to be raifed, levied, and difpofed of, as in and by the faid Laws are dircftcd. - "jac' t. c. 13! 7 Jac. r. c. 13. 13 Car. z. (tat. i. c. to. zz .5: 23 Car. z. c. 15 & 25. m. And be OfteiKlers, as thereunto auihc fliall and may have full Pov.cr and Authority, and. is hereby required, to enter into and fcarch (in fuchof fufjicifttd Manner, and with fuch Power, as in and by Jn Ji5i for the more effeElual Difcovery and Punifmnent of Deer P^fti-is- Stealers, made in tlie third and fourth Years of their" prefent Majefties Reign, is provided, in cafe of Ve-^ ^'^4^. &m. nifon or Skin of any Deer, or Toyls) the Houfe or Houfes, Out-houfes, or other Places belonging to fuch-Houfcs or fufpetSted Perfons not qualified as aforefaid : And in cafe any Hare, Partridge, Pheafant, If Hare, s.-c. be Pigeon, I'ifli, Fov/1, or other Game, fliall (upon fuch Search or otherwife) be found, the Offender fliall be'°""d, and Ow. carried before fome Juftice of Peace of the fame County, Riding, or Divifion ; and if fuch Perfon do '^ot","^'^ Ac°o„^,'r'^ give a good Account how he came by fuch Hare, Partridge, Pheafant, Pigeon, Fifli, Jowl, or otherj,,. (^^y^ ^^ ^g'„_ Game, fuch as fhall fati.sfy the faid Juitice, or elfe fhall not in fome convenient Tim.e, to be fet by thevift-d by a faid Juftice, produce the Party of whom he bought the fame, or fome other credible Perfon^ to depofe upon J'''fti<:c, Oath fuch Sale thereof, that then fuch Perfon not giving fuch good Account, nor producing any luch ^•"'"' ^- '• 4^5' Witntfs as aforefaid, fliall be convifted by the faid Jufl:ice of fuch Offence, and upon fuch Conviction fliall forfeit for every Hare, Partridge, Pheafant, Pigeon, Fifli, Fov/1, or other Game, any Sum not under Pfn^Uyvjpon liveShillings, and not-exceeding the Sum of twenty Shillings, to be afcertained by the faid Juftice ; °'^'^^u'ln^l°oi' Moiety thereof to be paid to the Informer, and the other Moiety to the Poor of the Parifh where the Of- Levying, fence was committed ; the fame to be levied by Diftrefs and Sale of the Offender's Goods, by Warrant under the Hand and Seal of the Juftice before whom the Off'ender fhall be convidted, rendring the Over- {jIus, if any be; and for Want of Diftrefs, the Offender or OfFender.s fiiall be committed to the Houfe of Correction, for any Time not exceeding one A-Ionth, and not lefs than ten Days, there to be whipt and kept to hard Labrtur; and in cafe any Perfon or Perfons, not qualified by the Laws of this Realm fo to do, Perfon living fliall have, keep, or ufe any Bows, Greyhounds, Setting Dogs, Ferrits, Coney Dogs, Hayes, Lurchers, '^"^y0"'i.'!?>^^ Nets, Tunnels, Lowbcls, Hare Pipes, Snares, or any other Inftruments for Deftrudion of Fifli, '^<^'^W]°J^°"f^lf'' or other Game, an^i fliall be thereof convicled upon fuch Evidence as aforefaid, the Perfon or Perfons fo"' ' convidted fliall forfeit iind be fubj?dl to the fame Pains and Penalties, as are hereby diredied to be inflicted upon the Perfon or Perfons who fliall be found to have any Hare, Partridge, Pheaflmt, Pigeon, Fifh, Foul, or other Game, as aforefaid ; and if any Perfon or Perfons, fo produced or charged with the faid Offence, fhall not before the fame Juftice give fuch Evidence of his Innocence as aforefaid, he fliall be I convidted thereof, in the fame Manner, as the Perfon or Perfons firft charged therewith is hereby diredlie.i I to be, and'fo from Perfon to Perfon, until the firft Offender fliall be difcovered. ■ IV. And to the End all Keepers and Game-keepers, mentioned in and duly authorized according to the Game, keepers , Adl made in the Reign of the late King Charles the Second, may be indemnified in the Execution of the ™=y?FP°'-' P':- I faid OfEce, be it enadted. That all Lords of Manors or other Royalties, or any Perfon or Perfons autho- j^^'.^i '" ^'^ •tized by them as Game-keepers, fliall and may, within their refpedtive Manors or Royalties, -oppofe and-,,'V(j'. i.ft. 2, f refift fuch Offender in the Night-time, in the fame Manner, and be equally indemnified for ib-doing, as if 22 &23 Car. 2; ' fuch Fadt had been committed within any ancient Chafe, Park, or Warren inclofed whatfaever. c. 25. ; ' Y.. A-nd whereas divers idle, diforderly, and mean Perfons, have and keep Nets, Angles, Leaps, Piches, ferfons rot and other Engines for the taking and killing of Fifn out of the Ponds, Waters, Rivers, and ochcr Fiflie-^"'"ersofF;ftj- ' ries, to the Ijamage of the Owners thereof;' Be it therefore enadted by the Authority aforefaid, That]^"' ^^ "%^ I no Perfon or Perfons wh.itfoever fliall and "may, at any Time or Times from and after the five and twcn- '"'', "- ^' "- ' j ticth Day of March which fiial) be in the Year of our Lord one tlioufand fix hundred ninety-three, have j or keep any Net, Angle, Leap, Piche, or other Engine for the taking of Fifli, other than the Makers and j Sellers thereof, for their better Conveniency in the Sale of the fame, and other than the Owner and Occu-; ) flier of any River or Fifhery for the Time being ; and moreover. That ir fliall and may be lawful, notOu-nerofF;/hfry I only for the Owner or Occupier of any River or Fifhery, and alfo for all and every other Perfon and 'J'-^^' ^'^- ,^ "'■' Perfons by him or them for that Purpofe appointed, to feize, detain, and keep, to his and their o Am 'Ufe'^li^jJ.'"^ *^- -".nd Ufes, all and every Net, Angle, Leap, Piche, and other Engine, which he or th:y. fliall find uled oran'., p^Vfons'inay laid, or in the Cuftody or Poffeffion of any Perfon or Perfons whatfoevcr, fifiiing in any River or Fiihcrf :mch by.War- VoL. Ill, 3Y whau'ccver "
 * VV pf t'le Game, notwithflanding which Laws, or for Want of the due Execution tiiereof, the'^-"^= "'^'
 * themfclvcs to Robberies, Burglaries, or other Irke Offences, and negleil: their lawful Employments;' ""^^ '