Page:Ruffhead - The Statutes at Large - vol 5.djvu/725

 A. D. 1729. Anno fecundo Georgii II. C. 20. 687 ' Fifhery, were called Cable Hangers, and as fuch were prefented and punifhed at the laid Courts : And for ' River and Creeks, and defraying the Expence of keeping the faid Courts, every Dredger for Oyfters in ' the faid River and Creeks did anciently pay to the faid Mayor and Citizens the ancient Fee of fix Shillings ' and eight Pence yearly: And whereas notwithftanding there have been from Time to Time many good ' Rules and Orders made and eftablifhed by the (aid Juries at the faid Courts, for the regular uilng, carrying ' on and enjoying the faid Oyfter Fifhery, for the common Benefit of all the Dredgers free of the faid Oy- ' fter Fifhery ; yet many diforderly Perfons amongft them ■ neglecting ihe common Intereft, and regarding 1 only their own prefent private Lucre, and in Contempt of all Authority over them, have dredged for Oy- ' and without any Regard to the Stint fet, have caught great Quantities of Oyfters more than the Stint, and ' more than they could difpofe of, and have caught the Brood and unfizable Oyfters at a Time when they ' fhould be preferved ; and when the Water-Bailiffs of the faid Mayor and Citizens have come to do the ' Duty of their Office in difcovering the faid Abufes and Breach of Orders, they have been frequently op- ' pofed and hundred, threatned and abufed, and have fometimes with Difficulty efcaped with their Lives; ' and notwithftanding Diftreffes have been made for the Fines and Penalties fet by the faid Juries for Punifh- ' Mayor and Citizens have been difcouraged in their Proceedings, and fuch Offenders have efcaped Punifh- ' merit; and if fuch Diforders fhould be continued, and go unpunifhed for the future, the faid Oyfter Fifh- and governing the faid Oyfter Fifhery for the common Good and Benefit of all the faid free Dredgers of the faid Oyfter Fifhery, and making them fecure under the Protection of the faid Mayor and Citizens, and for the confirming and fettling the Power and Jurifdiction of the faid Mayor and Citizens over the faid Oyfter Fifhery and the free Dredgers thereof, M.iy it p'leafe your Majefty, at the humble Suit as well of the Mayor and Citizens of the faid City of Rocbcfler, as of the Oyfter Dredgers free of the faid Oyfter Fifhery, that it may be enacted, &c. " After 24 "June 1729, Mayor, &c. of Raehefter once or oftner in every Year to hold their Admiralty Court : Q>«hrnwg T.f.t- " May impanel a Jury. Jury to make Rules and Orders for well governing the Oyfter Fifhery, to be ap- r y fit farther " proved by the Mayor, &c. Jury to appoint four Water-Bailiffs. Water- Bailiffs to goon board the 9^eo.z. c. 33. " Boats to examine the Oyfters : Oyfter Dredgers refilling chem, forfeit 40 s. Their Apprentices to be " G "' ■"[ ''j *?" " inrolled, on Forfeiture of 5/. Apprentice, after his 1 irne expired, to pay 6 s. 8d. and to be regiftrcd. i? 2 6.' 26* Geo. " Jury to prefent when neceffary to lay Oyfters, &c. in the River, and what Sums are neceiTary for that -- c - T 4- 29 Ga >' CAP. XX. 2 ' '■ 2 '- An Act for the Relief of Infolvent Debtors. EXP. Sheriffs and Gaolers to make an Alphabetical Lift of their Prifoners on 29 Sept. 1728, and the Names of the Perfons at whofe Suit they are detained, to be delivered into the Quarter-Seffions. To be kept by the Clerk of the Peace. Perfons inferted in the Lifts, and Prifoners on 29 Sept. 1728, fhall be difcharged. They are to deliver in a Schedule of their Eftates, &c. Schedule veiled in the Clerk of the Peace, who is to affign it to the Creditors, to be divided among the Creditors. Affignees of Copyhold Eftates to agree with the Lord of the Manor. Not to affect any Eftate in Expectancy. Rent due from a Prifoner to be transferred to the Landlord. This Act not to extend to Mortgages, nor to prevent any Statute-Staple, &c. Juftices who prant Warrants for bringing Prifoners to the Quarter-Seffions, fhall give Notice to be ferved on the Credi- tors. Prifoners to give like Notice to the Creditors, and publick Notice in the Gazette thirty Days before the Seffions. The Prisoner's Oath not being difproved, &c. the Juftices are to difcharge him. Debtors having- ferved an Apprenticefhip, or imployed in any Trade, or in the Sea Service, and actually beyond Sea on 1 Feb. 1728, may furrender tbemfclves, and be intitled to the Benefit of the Act, but fubject to the fame Reftrirtions as Prifoners. Gaolers forfwearing themfelves, forfeit 500/. &c. .Gaolers inferting wrong Names in their Lift, forfeit 200/. Clerk of the Pe^ce not giving a Duplicate to Prifoner of his Difcharge, forfeits 20/. Prifoner forfwearing himfelf, guilty of Felony. Prifoner difcharged for Debts before 29 Slip?. 1728, fhall not be imprifoned for the fame again. Difcharge of Prifoners not to -acquit any other. Judg- ments to {land good againft his Lands, &c. Perfons difcharged may plead generally in Difcharge of their Perfons from Execution. Plaintiff may reply generally, and deny the Matters pleaded. Not to extend to Scotland. Petitioner to leave with the Juftices a Copy of his intended Difcovery. Juftices of York and Lincoln to meet at the common Gaols of the Counties for Difcharge of Prifoners. Debtors in Gaols only for Fees difcharged. Not to difcharge Debtors to the Crown, or owing 500/. to one Perfon. But Credi- tor to allow 3 s. S.d.-p'er Week for his Maintenance. Difcharges to be obtained before 29 Sept. 173', or ex- cluded. Perfons feifed of an Eftate-Tail claiming the Benefit, to deliver the fame to their Creditors. Af- fignees to apply to two Juftices to examine Perfons who fhall obtain their Difcharge, for Difcovery of Eftates, is'c. Refufmg to appear or to be fworn, Juftices may commit them. Difcoverers of Debtors Eftates jn twelve Months after Difcharge, to have 20/. per Cent. Difcharge obtained fraudulently, void. Courts at TFeJimuifier on Complaint may remove Affignees. On mutual Credit Affignees to allow the Balance. CAP,
 * and all Perfons not having ferved fuch Apprenticefhip, who were at any Time found dredging in the faid
 * the better Support of the Authority of the faid Mayor and Citizens and their Jurifdiction upon the faid
 * iters before the Times appointed for opening of the Grounds, and after they have been ordered to be fhut,
 * ment of the Offenders, yet it having been doubted, whether fuch Diftreffes could be maintained, the faid
 * ery will be in Danger of being utterly loft and deftroyed, and thereby many numerous Families depending
 * upon the faid Oyfter Fifhery will be ruined and undone, and a good Nurfery for Seamen be loft to the
 * Publick ',' For the preventing therefore fuch Diforders for the future, and for the regulating, well ordering
 * ' Free Dredgermen to pay on 15 Oclcber 6 s. Bd. yearly. Refufmg to pay, Mayor, &c. may diftrain, &c. 2. c. 9 . :SG«.
 * ' Purpofe, and may borrow Money, to be levied by equal Contributions : Refufmg to pay forfeits 10 s. The "' % 13 ® 39 '
 * ' Charges of this Act to be paid by the Dredgermen. Thefe Rules to extend to the laid Oyfters." $£ 30 : _" - ^J'cJ,