Page:Ruffhead - The Statutes at Large - vol 3.djvu/82

 34 C. 27. Anno fecundo [vulgo primo] Jacobi I. A. D. 1604. CIS. 5 Annas, c. 14. 9 Annsa, c. 25. 3 Geo. I, c. II, 8 Geo. I. c. ig. <190 Sf ^8 OneWitnefs fufticient. 7 fac. I.e. II, fea. 8. ' minjler, upon any of the faid Penal Laws and Statutes; (3) by Reafon whereof few Suits have been at- ' tempted upon the faid Laws, and for the faid Forfeitures, whereby the Good thereby meant and hoped ' hath not mcceeded, and thereby great Scarcity of the faid Games m all, or in the mofl Parts of this ' Realm, hath followed, and prefently is, and fo is like to be, if fome Remedy be not in that Behalf ' provided :' n. Be it therefore enacVed by the Authority of this prefent Parliament, That all and every Perfon and Perfons, which from and after the firll Day oi Auguji next following fhall Ihoot at, kill or deftroy with any Gun, Crofs-bow, Stone-bow or Long-bow, any Pheafant, Partridge, Houfe-dove or Pigeon, Hearn, Mallard, Duck, Teal, Widgeon, Groufe, Heath-cock, jVIoregame, or any fuch Fowl, or any Harej (2) or after the faid tirfl Day of Augujl Ihall take, kill or dellroy any Pheafant, Partridge, Houfe-dove or Pigeon, with Setting-dogs and Nets, or with any Manner of Nets, Snares, Engines or Inftmments whatfoever ; or ihall take the Eggs of any Pheafant, Partridge or Swans out of the Nefts, or willingly break, fpoil or deftroy the fame in the Neft ; (3) or after the faid firll Day oi Jugujt Ihall trace or courle any Hares in the Snow, or at any Time take or deftroy any Hares with any Hare-pipes, Cords, or witii any i'uch Inftruments or other Engines : (4) And the fame Offence or Offences tjeing proved, by the ConfelTion of the Party, or by the Teftimony of two fufKcient WitnelTes upon Oath btfore two or more Juftices of Peace of the fame Coiinty, City or Town Corporate, wherein the Offence Ihall be committed, or the Party offending apprehended, ftiall be by the faid Juftices of Peace, for every fuch Offence committed to the common Gaol of the faid County, City or Town Corporate, where the Offence lliali be committed, or the Parties apprehended, there to remain for three Months v/ithout Bail or Mainprile, unlefs that the faid Offender do or fhall forthwith upon the faid Conviftion, pay or caufe to be paid, to the Churchwardens of the faid Parifli where the faid Offence fhall be committed, or the Party apprehended, to the Ufe of the Poor of the faid Parifli, the Sum of twenty Shillings for every Pheafant, Partridge, Houfe-dove Pigeon, Hearn, Mallard, Duck, Teal, Widgeon, Groufe, Heath- cock, Moregame or any fuch Fowl, and for every Egg of Pheafant, Partridge or Swans, and for every Hare, which any and every fuch Perfon and Perfons fo offending and convicfed as aforefaid, fhall take, kill, or willingly deftroy, contrary to the true Purport and true Meaning of this Statute; (5} or after one Month after his Commitment, together with two fufficient Sureties, become bound by Recognizance in the Sum of twenty Pounds a-piece to the King's Majefty's Ufe, his Heirs and Succeffors, with Con- dition that he the faid Party fo offending fhall not at any Time thereafter fhoot at, kill, take or deftroy any of the faid Games before-mentioned, by any of the Means aforefaid : (6) Which faid Recognizances fhall be taken by any two or more Juftices of Peace of the faid County, City or Town Corporate, where the Offender fhall be fo imprifoned as aforefaid, and fhall be returned to the then next Quarter-Seflions, and there to remain of Record as other Recognizances taken for the Peace. in. And for the better Prefervation of Deer, Hares and other the Games aforefaid. Be it further en- acfted by the Authority aforefaid. That all and every Perfon and Perfons which from or after the faid hound, aSetting-g^(^ Y)-^Y oi Auguji fhall have or keep any Greyhound for courfing of Deer or Hare, or Setting-dog or to tal«'phea-" Dogs, (2) or Net or Nets, to take Pheafants or Partridges, (3) except fuch Perfon or Perfons which fhall be ftifea in their own Right or in the Right of their Wives, of Lands, Tenements or Hereditaments, of the clear yearly Value often Pounds by the Year or more, over and above all Charges and Reprifes, of fome Eftate of Inheritance ; (4) or of Lands, Tenements or Hereditaments in his own Right or in Right of his Wife, for Term of Life or Lives, of the yearly Value of thirty Pounds over and above all Charges and Reprifes ; (5) or be poffefs'd of Goods or Chattels to the full Value of two Hundred Pounds to his own Uk; (6) or be the Son or Sons of any Knight, or of any Baron of Parliament, or of fome Perfon of higher Degree, or the Son and Heir apparent of any Efquire ; (7) and being thereof convidted as afore- faid, fhall by the faid Juftices of the Peace be committed and imprifoned in Manner and Fonn as in and by this prefent A(5l before is expreffed, fpecified and declared : Except fuch Perfon and Perfons fo offending and thereof convifted as aforefaid, do forthwith pay or caufe to be paid to the Churchwardens of the faid Parifh where the faid Offence fliall be committed, or the Party apprehended, to the Ufe of the Poor of the laid Parifh, the Sum of forty Shillings of good and lawful Money of Etighnd. The Penalty for IV. And be it further enacfted by the Authority aforefaid. That every Perfon and Perfons which at any felling or bjying xime after the faid firft Day oi Augiiji ih^Al k or buy to fell again, any Deer, Hare, Partridge or Phea- Dee^r'n^rePar- ^^nt, (exccpt Partridge and Pheafants reared and brought up in Houfe or Houfes, or brought from be- yond the Seas) fhall forfeit for every Deer fo bought and fold, forty Shillings, for every Hare ten Shil- lings, and for every Partridge ten Shillings, and for every Pheafant fo to be bought and fold twenty Shil- lings : (2) Of all which Forfeitures the one Moiety fhall be to him or them that will fue for the fame by Bill, Indictment or Information, and the other Moiety to the Poor of the Parifh where the faid Offence or Offences fhall be committed. V. And be it further enabled by the Authority aforefaid. That no Perfon or Perfons fhall or may after the faid firft Day of Auguft be punilhed by Force of any former Statute or Law, for any of the faid Of- fences for which by Force of this Law any Punifhment fhall be inftided : (2) And that all Juftices of Affize in their feveral Circuits, and all Juflices of the Peace in their General Qiiarter-Seffions, and any two Juftices of Peace or more together out of any Seffions, ftiall and may by l*orce of this prefent Adt have full Power and Authority to examine, hear, punifh and determine all Offences to be committed dettrmineVhefe againft this prefent Statute, and to adminifter Oaths as aforefaid, and perform and execute all and every Offences. Act and Thing fit or requifite for the due Execution of this prefent A(51. VI. Provided always. That it fhall and may be lawful for every Perfon or Perfons which have or fliall have free Warr.n, and to and for every Lord of a Manor, and to every Fieeholder which is or (hall be feifed in his own Right or in the Right of his Wife, of Lands, Tenements or He.editaments to the clear yearly 4 The Penalty for keeping a Grey fants, &c. tridgeorPhea NoPwn'fhment by any former Law where it is inflifted by this. Which OfBcers may htar and Who may take Pheafants and pjiridfes with Nets, and when.