Page:Ruffhead - The Statutes at Large - vol 3.djvu/578

 530 C. 24. Anno quarto & quinto Gulielmi & Mari^. A. D. 169?. and'd'i'r'ofelf ■^h^f'o^^si' without the Confent of the Owner or Occupier the.reof, but alfo for any Pcrfon or Perfons them'cirhe°wi)l.'^'^^'^'°'^^'^'^ (being thereunto authorized by Warran: under the Band and Seal of any Juftice of the Peace £urn,F. 1. 495. of the fame County, Divifion, Borough, Town Corporate, or any other Place) in the Day-time to feardj the Houfes, Out-houfes, or other Places of any Perfon or Perfons hereby prohibited to have or keep tKe fame, as fhall be fufpeded to have or keep, in his or their Cuftody or PolTefiion, any Net, Angle, Leap Piche, or other Engine aforefaid, and the fame and every or any of them to feize, detain, and keep, to his and their ov/n Ufe and Ufes, or otherwife to cut in Pieces or deftroy, as Things by this KSl prohibited to iv 4 Ann. c. ai. be tept by Perfons of their Degree. <j -•■/««. c. 16, I Geo. 1, Jiat. 2. c. 18, 5 Ga. i. c. iS. 23 Geo. z. c. a5. §. 7. 26 Gto. 1, c. 9, 30 Geo. 2. c, 21 (S 30. and 33 Cm. 2. c. 27. Fifliermsn, &c. ^^- Provided always. That this Act, or any thing therein contained, fhall not extend, or be conftrued' lawfully autbo- to extend, to abridge any Fifherman or his Apprentice or Apprentices, lawfully authorized to fifli in navi- riMd, excepted, gable Rivers or Waters, with lawful Nets and Engines ; but that every of them fhall and may (according, to the Laws and Orders made, and to be made and fettled, for the good Order, Rule, and Govern- ment of fuch navigable Rivers and Waters) ufe the Trade of Fifhing, as they lawfully might have done before the making of this A£l ; any thing in this Aft contained to the contrary in any wife notwith- flanding. ' VIL And whereas divers Offenders duly convifted, do commonly procure Writs of Certiorari to re- ' move fuch Conviflions into fuperior Courts at TVeftminJhr., in hopes thereby to difcourage and weary ■ ' out fuch I'erfons injured by great Delays, Expenccs, and Incertainties ;' Be it therefore enafted. That . no Certiorari fhall be allowed to remove any Conviftion made, or other Proceeding of, for or concerning o/conv^ffion ^"V Matter or Thing in this Aft, unlefs the Party or Parties, againft whom fuch Conviftion fhall be except Party ' made, fhall before the Allowance of fuch Certiorari become bound to the Perfon or Perfons profecuting,. convifted give in the Sum of fifty Pounds, with fuch fufHcient Sureties, as the Juflice or Juflices of the Peace, before fifty Pounds whom fuch Offender was convifted, fhall think fit, with Condition to pay unto the faid Profecutors Secunty to pay ^^jthj^ one Month after fuch Conviftion confirmed, or Procedendo granted) their full Cofls and Charges,, to be afcertained upon their Oaths ; and that in Default thereof it fhall be lawful for the faid Juftice and. Juflicesj-and others, to proceed to the due Execution of fuch Conviftion, in fuch manner as if no Certio- rari had been awarded. Pprfon puniflied VIIL Provided, That where any Offender fhall be punifhed by Force of this Aft, he fhall not be pro-- • ty this Aift, notfecuted, nor incur the Penalty of any other Law or Statute for the fame Offence. i punifhabie by jx. Provided always, That if any Adtion, Bill, Plaint, or Suit, fhall at any Time after the faid five fame Offence ^^^ twentieth Day of March, be commenced or brought againff any Perfon or Perfons whatfoever, for or by reafon of any Matter or Thing which he or they fhall do in purfuance of this Aft, it fhall and may be- Perfons fued lawful to and for the Perfon or r-erfons fo fued or profecuted to plead the general Iffue, and give this .Aft may plead Ge- or any Other fpecial Matter in Evidence ; and if the Verdift fhall pafs with the Defendant or Defendants ' xera! Iffue, and jn fuch Aftion, or the Plaintiff or Plaintiifs become nonfuit, or fuffer any Difcontinuance thereof, that recover treble -^j ^^^ ^^^j., Q^(^ fj^^ Defendant or Defendants fhall have his or their treble Cofts, which he or they fhall have fuftained in Defence of fuch Aftion or Suit, for which the faid Defendant or Defendants fhall- have the like Remedy, as in other Cafes where Cofts by the Laws of this Realm are given to the Defendants. Tradefmen, &c. (■ X. And whereas great Mifchiefs do enfue by inferior Tradefmen, Apprentices, and other difTolute ihtcominion ' Perfons neglefting their Trades and Employments, who follow Hunting, Fifhing, and other Game, to- another Man's ' the Ruin of themfelves, and Damage of their Neighbours ;' For Remedy whereof be it enafted by the Ground to hunt. Authority aforefaid, That if any fuch Perfon, as aforefaid, fhall prefume to hunt, hawk, flfh, or fowl. fhall be fubjeft to the Penalties of this Aft, and fhall or may be fued and profecuted for their wilful Trefpafs in fuch their coming on any Perfon 's Land, and if found guilty thereof, the Plaintiff fhall not only recover his Damages thereby fuftained, but his full Cofts of Suit j any former Law to the contrary notwithftanding. Penalty upon XL Provided always, and be it enafted, That for the better preferving the red and black Game of Lm'^°"&c"u'"o"n Gtonk, commonly called Heath-cocks, or Heath-polts, no Perfon whatfoever, on any Mountains, Hills, Heists. '^ "^°" Heaths, Moors, Forelts, Chafes, or other Waftes, fhall prefume to burn, between the fecond Day of February and twenty-fourth of June, any Grig, Ling, Heath, Furze, Gofs, or Fern, upon Pain that the Offender or Offenders fhall be committed to the Houfe of Correftion, for any Time not exceeding one i rac/forPrwi/foffi Month, and not lefs than ten Days, there to bfe whipt, and kept to hard Labour. relating hereio, $ ^„n. c, n, gAnn.c.2^. 3 Ges. I. c. II, S Geo. J. c, ig. 10 Geo. z. c, ^z. and zi Geo, 1,. c. 12, C A P. XXIV. An Aft for reviving, continuing, and explaining leveral Laws therein mentioned, which are r expired and near expiring. < "^T THERE AS divers temporary Laws, which by Experience have been found ufeful and beneficfaf, viving the fame, and explaining certain Doubts hereafter mentioned, II. Be it enafted by the Kind's and Queen's mofl Excellent Majefties, by and with the Advice and Con- fent of the Lords Spiritual ana Temporal, and Commons, in this prefent Parliament alTembled, and by
 * <^' (unlefs in Company with the Mafler of fuch Apprentice, duly qualified by Law) fuch Perfon or Perfons
 * W are near expiring, and fome of them are already expired;' therefore for continuing and re-