Page:Ruffhead - The Statutes at Large - vol 6.djvu/348

 286 C. 32. Anno decimo Georgpi II. A. D. 1737. or fuffercd by any Offender or Offenders againft the faid Act, and for the Encouragement of Per- fons to apprehend and fecure fuch Offender and Offenders, and for the better and more impartial Trial of any Indictment or Information which fhall be found, commenced or profecuted for any of the Offences committed againft the faid Act, together with all Reftrictions, Limitations and Mitiga- tions by the faid Ad directed, (hall during the Continuance of the laid Act extend to and be of Force and Effect in all Cafes of Offences committed by unlawfully and malicioufly breaking down or cutting down the Bank or Banks of any River, or any Sea Bank, whereby any Lands lhall be overflowed or damaged, or by unlawfully and malicioufly cutting any Hop-binds growing on Poles in Mais perpetually an Y Plantation of Hops, or by wilfully and malicioufly letting on Fire, or caufing to be fet on Fire, 3 i6«.2. f.42. any Mine, Pit, or Delph of Coal, or Cannel Coal. ' V. And whereas it frequently happens, that many idle and diforderly Perfons employed in Fifh- f ing Boats, and others rending near the Sea Coafts, do unlawfully and malicioufly cut off, draw • up, burn and deftroy the Piles, which are drove into the Marfh, or Sea Walls and Banks, where- ( by the Chalk and other Materials ufed for fecuring the faid Walls and Banks fall away, and often- ' times take away the faid Chalk and other Materials ufed for that Purpofe, and thereby frequent ' Inundations happen to the Lands lying within the faid Walls and Banks, to the great Lofs and ' Damage of the Owners and Occupiers of the faid Lands ;' For Remedy thereof, be it therefore uftd'for'the se- furtner enadted by the Authority aforefaid, That if any Perfon or Perfons fhall at any Time or Times curityoi Marfh- hereafter unlawfully cut off, draw up, or remove and carry away any Piles, Chalk, or other Ma- es, not to be terials, which are, or at any Time hereafter fhall be, driven into the Ground, and ufed for the fe- rsmoved, curing any Marfh, or Sea Walls or Banks, in order to prevent the Lands lying within the fame from being overflowed and damaged, it fhall and may be lawful to and for any one or more of his Ma- jesty's Juflices of the Peace refiding near the Place where the faid Offence or Offences fhall be com- mitted, and fuch Juftice or Juflices is and are hereby reflectively authorized and required, upon Complaint or Information upon Oath of fuch Offence (which Oath or. Oaths fuch Juftice or Jufhces is and are hereby impowered to adminifter) to fummon the Party or Parties fo complained of, or to ii]ue his or their Warrant or Warrants to apprehend and bring before him or them the Perfon or Perfons fo accufed, complained of or fufpected ; and upon his, her or their Appearance, or Neglect to appear, to proceed to examine the Matter of Fact with which he, fhe or they are charged, and upon due Proof thereof made, either by Confeffion of the Party or Parties fo accufed, or upon the Oath or Oaths of one or more credible Witnefs or Witneffes, to determine the fame, and to con- 2oi F °o f b'"evied vi£l th - e ° ffencIer or Offenders; and every Perfon offending herein, and being thereof convicted as by Diftrefs, " aforefaid, fhall forfeit and pay the Sum of twenty Pounds, one Moiety thereof to the Informer, and the other Moiety to the Overfeer of and for the Ufe of the Poor of the Parifh wherein fuch Of- fence fhall be committed ; the fame to be levied by Diftrefs and Sale of the Offender's Goods and Chatties, together with the Charges of fuch Diftrefs and Sale, rendring the Overplus (if any be) to for^Momhs the ° wner or Owners thereof; and for want of fufficient Diftrefs the faid Juftice or Juftices are hereby required to commit the Perfon of Perfons convicted as aforefaid to the Houfe of Correction, Perfons fettin- tllere t0 remam ancl be kept at hard Labour for the Space of fix Months. Mines of Coaf -. ^' ^ n ^ be it further enacted by the Authority aforefaid, That from and after the twenty-fourth on Fire to fuffer Day of June one thoufand feven hundred and thirty-feven, and during the Continuance of the be- Death. fore mentioned Act of the ninth Year of the Reign of his late Majefty King George the Firft, if any Perfon or Perfons fhall wilfully and malicioufly fet on Fire, or caufe to be fet on Fire, any Mine, Pit, or Delph of Coal or Cannel Coal, every Perfon fo offending, being thereof lawfully con- Madeperpetualby vi6ted, fhall be adjudged guilty of Felony, and fhall fuffer Death as in Cafes of Felony, without 31 Gm. 2. c. 4!u Benefit of Clergy. VII. And whereas feveral wicked and diforderly Perfons armed with Fire-arms, Swords, Staves, Flails, and other offenfive Weapons, have frequently entred into feveral of his Majefty's Forefts and Chaces, and into the Chaces of feveral of his Majeftv's Subjects, and there unlawfully hunted, taken and killed great Numbers of Deer, and alfo many Times violently affaulted, beat and wound- ed the Keepers or Officers of fuch Forefts, Chaces, and alfo of Parks, to the great Damage and 9 Geo. 1. c. 22. < of his faid late Majefty hereby intended to be continued, intituled, An Acl for the more effectual puni/lnng zvided and cvil-difpofed Perfons going armed in Difguife, and doing Injuries and Violences to the Per Ions and Properties of his 'Majefty's Subjects, and for the more fpeeiy bringing the Offenders to ju/ruc, does not extend to the unlawful courfing, hunting, taking in Toils, killing, wounding or taking away any Red or Fallow Deer fed or kept in open Forefts or Chaces where Deer are ufually kept, but only to fuch as are inclofed with Pales, Rails or other Fences ; and fuch Offences in uninclofed Places are only punifhable by the Statute made in the third and fourth Years of ' the Reign of their late Majefties King William and Queen Mary, intituled, An Ac! for the more effectual Dijcovery and Punilhnent of Deer Stealers, and which inflicts only a pecuniary Penalty for lo doing, whereby fuch wicked and diforderly Perfons are the more emboldened to commit fuch Orlences therein, and it is become neceffary to make fome further Provifion for the Prevention fd a°." S eo»d V ' a " ' thereof i' ^ e if therefore enacted by the Au-hority aforefaid, That if any Perfon or Perfons who Tiineoniuntms ma ]' hereafter be convicted of unlawfully courfing, hunting, taking in Toils, killing, wounding or and taking away taking away any Red or Fallow Deer in any open or uninclofed Foreft or Chace where Deer are Lninc]ofed U Fo'' ufuall y ^jit, mal1 during the Continuance o'f the faid Ad of the ninth Year of his late Majefty, reds or Chafes, be guilty of a fecond Offence of the like Nature, and fhall be thereof lawfully convicted upon In- to be tranfportl dictment or Information, fuch Perfon or Perfons fhall by Judgment of the Court wherein he or td - they
 * Terror of many of his Majefty's peaceable Subjects : And whereas the faid Act of the ninth Year