Page:Ruffhead - The Statutes at Large - vol 3.djvu/74

 26 C. 23. Anno fecundo [vulgo primo] Jacobi I. A. T>. 1604. to be fold or bartered, (Iiall hereafter unlawfully be tranfported, or purpofed to be tranfported, into tRe Parts beyond the Sea, from and out of any Port, Haven or Creek of this Realm, or ff^ales ; cveiy Comptroller, Cuftomer, Surveyor, Collettor of Tonnage and Poundage, and the Searchers, and the Deputy of any of them, or any other Perfons hearing or knowing by any Ways of any Leather meant to be tranfported from any Place within his Office, and do not his beft Endeavours to feife the fame, or being tranfported, do not difclofe or caufe to be difclofed the fame, within forty Days next after fuch Knowledge or Hearing of the fame, in fome Court of Record, fo as the Offender may be punilhed according to the Laws in that Cafe provided, lliall for every the firft Offence committed agamii this Article, forfeit an hundred Pounds ; (3) and for the fecond Offence Ihall alfo forfeit his Office. LV. And be it further enacted. That every Cuftomer, OfRcet or Officer's Deputy, that fhail make any falfe Certificate of the Arrival of any Leather in any Port, Creek or Place of this Realm, Ihall alfo forfeit for every fuch Offence an hundred Pounds. This Adl Oiall LVI. Provided alway. That neither this A(5t, nor any Article, Expofition or Thing therein contained, Ucoct* HWej ^^■'^'■^ extend to any Scotijh Hides to be brought into the Town of Benvick out of the Realm of Scotlandy brought toBcr- being regiftred in a Book therefore to be kept by fuch Perlbn or Perfons as the Mayor of the faid Town, wick, for the Time being ihall thereunto name and appoint, with the Name and Surname of the Buyer arid Seller, to the Intent the EngliJJ} Hides might be known frofn th6 Scotifl; but that the Inhabitants of the faid Town ofBenvkk may fend, carry and tranfpdrt fuch Scotijh Hides as they lawfully might tranfpoit before the making of this A6t. Licenoes to dif- LVII. Provided always, arid be it enaiSted by the Authority aforefaid, That if any Perfon or Perfons OffeoMs'pro'hl '^'^'^^ ^'' ^"^ Time hereafter procure or obtain any Grant or Letters Patents, purporting to give Licence fcited by this Aft or Audiority to any Perfon or PerfonS to difpenfe with or tolerate any Offence againfl any Claule, ftiailbevoid. Provifion or Article in this prefent A(5l, that then and immediately from and after fuch Letters Patents Continued u t'l °^ Grant obtained, all and every fuch Claufes, Articles and Provlfions, fo by the faid Letters Patents the End of the ' Of Grant authorized or hcenced to be difpenfed with or tolerated as aforefaid, fhall be utterly repealed, nextSeffionof void and of no Effect ; any Thing in this prefent A6t contained to the contrary in any wife notwith- Pariiament. ftanding : (2) This A61 to endure until the End of the next SeiTion of the next Parliament. A Repeal of the ■ LVIII. And be it further ena6ted by the Authority aforefaid, That as well one Statute made in the ^Er"'*°« fifth Year of the Reign of our late Sovereign Lady Qntta. Elizabeth, intituled, 'An Acfl concerning and'ofaiifor- ' Tanners, Curriers, and other Artificers occupying Cutting of Leather,' as all former Statutes, and mer Statutes re- every Part or Parts of any former Statute or Statutes thereby repealed, fliall from henceforth be utterly ^e^iedbythe repealed for ever. [3 Car. i. c. 4. Continued until the End of the firfl Seffion of the next Parliament, J'^fio-ProeiyfiiM arid farther continued by 16 Car. i. c. 4.J Tilatmg bcrili 13 & 14 Car. 2. c. 7. 1 ff^, & M. Stjf. I. c, 3 j. 9 jinti. c, 6, fifl. 4. 11 Ain. St. 2. e.g. 3 Geo. 1. c 4. 5 Ga. Ir c. s. and ix Geo. s. i, 25. CAP. XXIII. An A£t for the better Prefervation of Fifhing in the Counties of Somerfet, Devon and Cornwaf, and for the Relief of Balkers, Condors and Fiiliermen, againft malicious Suits. Earners? Co"n- TX/HEREAS the Trade of Fifhing for Herrings, Pilchards and Sean-fifh, within the Counties of dors and Direc- VV _ Somerfet, Devon and Cornioal, is and of late Time hath been very great and profitable, as welt tors d^ watch ' to divers of the Fifliermen and Inhabitants which dwell near the Sea-Coafis within tl^e faid Counties, jTihing-tim ". ' ^^ ^^ *^ Cities of London and Exeter y and elfewhere within the Realm of England and the Dominions 'thereof: (z) And whereas alfo for the neceffary Ufa of the taking of the faid Herrings, Pilchards and ' Guidors at the Fifhing-times for the faid Herrings, Pilchards and other Sean-fifh within the faid Counties, ' Time out of Mind have ufed to watch and attend upon the high Hills and Grounds near adjoining ta ' the Sea-Coafts within the faid Counties, for the Difcovery and giving Notice to the Fifliermen and ' Inliabitants near adjoining, when the faid Herrings, Pilchards and Sean-fiih come towards or near the Suits com- Coafls for the taking of the faid Herrings, Pilcliards and other Sean-fifh. menced againft ' II. And whereas alfo now of late divers Perfons having Lands, Tenements and Hereditaments near d^"^^"dFm"' ' "'^ adjoining to the Sea-Coafts within the faid Counties where the Fifliing Places for the taking of the foTlmering into ' '^''^ Herrings, Pilchards and other Sean-fifti are, have brought their Aiftions of Trefpafs at the Com- the Grounds of ' mon Law, as well in the High Courts of Record at Weftmtnjier, as in inferior Courts within the faid others, ' Counties, not only againft fuch Balkers, Huors, Condors, Dire(£tors and Guidors, but alfo againft fuch ' Drawing and Carrying of the faid Fifh on Land or Shore, and have recovered againft them Cofts and ' Damages, to their great Lofs and Expences ; (2) by reafon whereof, fuch Watchmen, Balkers, Huors, ' Condors, Directors and Guidors, and fuch other J'erfons as heretofore have attended the faid Seans and ' ing to fuch Fifhing Places within the faid Counties, for the Watching or Difcovery of the faid Herrings, ' that they may lawfully enter into and upon fuch Lands, Tenements and Hereditaments as do lie near >
 * other Sean-fifli, divers Perfons within the faid Counties called Balkers, Huors, Condors, Diredlors or
 * ■ Sea-Coafts there, and for the guiding and dire^ing of the Fifliermen in tlieir Boats upon the Sea-
 * Fiftrermen and other Perfons, for breaking of their Clofe, as have attended their Scans or Nets for the
 * Fifhing, have forborn to enter into or go upon the Lands, Tenements and Hereditaments near adjoin-
 * Pilchards and other Sean-fifh, cr to balk, hue, cond or direcft, or to attend the Seans- or Nets as hereto-
 * fore they have done, and will likewife forbear the fame hereafter, if Provifion be n^t had and made
 * or adjoining to the faid Sea-Coafts and Flaces of Fifhing as aforefaid, for their Watching, Baikinr.
 * Directing and Attending of the Scans, as is aforefaid ;
 * IIL For