Page:Ruffhead - The Statutes at Large - vol 5.djvu/242

 3A.-4W.&M c. 10. 202 C. 14, 15. Anno quinto Georgii Regis. A. D. 1718. CAP. XIV. An Act to continue the Commiifioners appointed to examine, ftate and determine the Debts due to the Army; and to examine and ftate the Demands of feveral Foreign Princes and States for Subfidies durino- the late War. EXP. g CAP. XV. An Aft for making more effectual an Act of the third and fourth Years of the Reign of King William and Queen Mary, intituled, An Aft for the mere effectual Bifcovery and Punijhment cf Deer-flealers. ' I."T 7HEREAS divers idle and diforderly Perfons who have been duly convicted for unlawfully ' W Courfing, Hunting, Killing or taking away Deer, upon the Statute made in the third and ' and Punifhment of Dear-ftealers, have procured Writs of Certiorari to remove fuch Convictions into fu- jE^.i. c.zo. c perior Courts at Wcjlminjler, purely to avoid the Penalties of the faid Statute; whereby the Party or J '13.^1 off.' 7. ' Parties convicted are only obliged to give Security to the Perfon or Perfons profecuting, for the Payment c. 11. 5 El. c. ' of their Cofts and Damages; and there being no Provifion made for fecuring the Forfeitures incurred for si. 3 J«c 1. ' the Offence or the Imprifonment of the Offenders, although fuch Convictions fhould be confirmed by 2 *1" 1 *l 10! ' ions ^ rom Punilhment; and the Juftice intended by the faid Act hath been evaded, and loofe and wicked as &zc'ar. 2. ' Perfons greatly encouraged to follow fuch evil Practices :' For the Prevention whereof, Be it enacted by c 25. the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Tem- No Certiorari p ral, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That no fhall be allowed Q eri ' lorar i fh a ]l be allowed to remove any Conviction made, or other Proceedings of, for or concerning any ConvTaion" 1 * Matter or Thing in the faid Statute, unlefs the Party or Parties convicted fhall, before the Allowance of againft the reci- fuch Certiorari, and at the fame Time that Security is given for the Payment of the Cofts and Damages ted Aa, unlefs to the Profecutor or Profecutors, become alfo bound to the Juftice or Juftices of the Peace, before whom the Party con- r uc h Conviction was made, with fuch fufficient Sureties as fuch Juftice or Tuftices fhall approve of, in the • with Effect, as the faid one Month •with Effrft, &c - next after fuch Conviction fhall be confirmed, or a Procedendo granted; and that in Default thereof, it InDefault th = o f^all be lawful for the faid Juftice or Juftices, and all other Perfons whatfoever, to proceed to the due Ex- ceed' to execute ecution of fuch Conviction, in fuch Manner as if no Certiorari had been awarded, fuchConviftion. IE And be it further enacted by the Authority aforefaid, That after the Confirmation of any Conviction After Confirma- or Convictions upon the faid Statute by any of the faid fuperior Courts, and delivering the Rule to the tionof aConvic-faid Juftice or Juftices, whereby fuch Conviction or Convictions hath or have been fo confirmed, it fhall ticrn, the Juftice anc i ma y b e J aw f u l f or) and full Power and Authority- is hereby given to fuch Juftice or Juftices to pro- may proceed as c£e( j a ^ n Q. t h e p ar ty or Parties convicted, in the fame Manner as if a Procedendo had been granted, had been C giant- HI. Provided always, and be it enacted by the Authority aforefaid, That if any Perfon or Perfons fhall td. be fued or profecuted for any Matter or Thing, which he or they fhall do in purfuance of this Act, or of Perfons fued may the faid Statute made in the third and fourth Years of the Reign of the late King William and Queen Mary, plead the genera") it fhall and may be lawful to and for the Perfon or Perfons fo fued or profecuted to plead the general Ifl'ue, iffue, &c. an j gi ve t he fpecial Matter in Evidence; and if a Verdict fhall pais for the Defendant, or the Plaintiff" 3&4W.&M. fhall become nonfuit, or naffer a Difcontinuance, or if upon a Demurrer Judgment fhall be given againft c - IO ' the Plaintiff, the Defendant fhall have and recover his treble Cofts, and have the like Remedy for the fame an bkCofts C ° Veras an Y other Defendant hath in any other Cafe by Law. IV. And be it further enacted by the Authority aforefaid, That all and every Perfon and Perfons con- Perfons convic- vicled, or who fhall hereafter be convicted by virtue of the faid Statute fhall, before he or they fhall be ted to become chfeharged out of Cuftody, become bound to fuch Perfon or Perfons againft whom fuch Offence was or •■ our : dln 5°^ t0 fhall be committed, in the Sum of fifty Pounds, with Condition for his or their future good Behaviour, havk>u?°and e not and that he or they fhall not offend in like Manner; and upon his or their Failure or Refufal to enter into to offend in like fuch Bond, that he or they fhall be committed to the County-gaol where fuch Offence was or fhall be manner. done, until fuch Bond fhall be given; and that if fuch Perfon or Perfons fhall at any Time afer his or their On Refufal to becoming bound, as aforefaid, be convicted for any Matter or Thing in the faid Statute, that then the faid be committed till Bond fhall be deemed to be forfeited, and the Penalty be recovered, with full Cofts of Suit, in any of the i'uchBond given. Courts at We/lminjier, which faid Penalties (hall be distributed in the fame manner as the Forfeitures are If convifted af- by the faid Statute to he distributed, and the Party or Parties fo convicted fhall be likewife liable to the Pe- ter, the Bond to na j t - es „ n( j Forfeitures in the faid Statute. be forfeited, &c. By 5 Gee, i, c. aS. fuch Offender? are to be tranfoorted, ' V. And 1 v.aed
 * fourth Years of the Reign of the late King William and Queen Mary, for the more effectual Difcovery
 * ■ '3- 7j<x- x - i the faid Courts, the faid Offenders have Opportunity to conceal their Effects, and withdraw their Per-