Page:Ruffhead - The Statutes at Large - vol 6.djvu/349

 A. D. 1737. Anno decimo Georgii II. C. 33. 287 they fliall be to convicted, be tranfported to one of his Majefty's Plantations in America for the Space of feven Years, in like Manner as other Offenders may be tranfported by the Laws now in Force ; and if fuch Perfon or Perfons (hall return into any Part of Great Britain or Ireland within the faid feven Years, every fuch Perfon or Perfons (hall be adjudged guilty of Felony, and (hall fuffer Death as in Cafes of Felony without Benefit of Clergy. VIII. And to the Intent that fuch Conviction may be with as little Trouble and Expence as pof- Such 0" r,n<ie « fible, Be it further enafied by the Authority aforefaid, That fuch Offender or Offenders lhall and how tobe{nai ' may be tried for every fuch fecond Offence as aforefaid before the Juftices of Alfize, Oyer and Ter- miner, or Gaol-delivery, of and for that County, City or Place where fuch fecond Offence (hall be fo done and committed ; and that the Juftice or Juftices of the Peace before whom fuch Offender or Offenders was or were convicted of fuch (irft and former Offence, (hall certify a true Copy of fuch Conviction under his or their Hands and Seals to the Quarter-Seffions of the County, wherein fuch Offence was committed, to be held next after fuch Conviction had, there to be kept amongft the Records of fuch Quarter-Seffions ; and the Clerk of the Peace of fuch County (hall at the Requeft of the Profecutor or any other in his Majefty's Behalf certify a Tranfcript under his Hand and Seal, briefly and in few Words containing the Effect and Tenor of the firft and former Conviction of fuch Offender or Offenders, which Certificate being produced in Court (hall be a fufficient Proof that fuch Offender or Offenders hath or have been before convicted of and for fuch firft and former Offence. IX. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons armed Perfons armed as aforefaid (hall, at any Time after the twenty-fourth Day of June one thoufand feven hundred and coming into a thirty-feven, and during the Continuance of the faid laft mentioned Act of the ninth Year of his fn^m^"^ 111 late Majefty, come into any Foreft, Chafe or Park, wherein Deer are ufually kept (be the fame in- fteai Deer, and clofed or not inclofed) with an Intent to courfe, hunt, take in Toils, kill, wound or take away any beating and Red or Fallow Deer, and (hall there unlawfully beat or wound any Keeper or Keepers, Page KeepenT/to'be or Pages of any fuch Foreft, Chace or Park, where Deer are ufually kept, their Servants or Affift- tranfponed. ants, in the Execution of his or their Office or Offices, and be thereof lawfully convicted ; every fuch Perfon or Perfons (hall be tranfported to one of his Majefty's Plantations in America for the Space of feven Years, in like Manner as other Offenders may be tranfported by the Laws now in Force ; and if fuch Perfon or Perfons (hall return into any Part of Great Britain or Ireland within the faid feven Years, every fuch Perfon and Perfons (hall be adjudged guilty of Felony, and lhall Madcperpttuaiby fuffer Death as in Cafes of Felony without Benefit of Clergy. 310'eo.a. cyi, ' X. And whereas by an Act of Parliament paffed in the ninth Year of the Reign of her late Aft 9 Anna?, ' for the better Prefervation of the Game, perpetual, and for making the fame more effectual, it is enact- ' der being convicted thereof before one Juftice of the Peace where the Offence (hall be committed, ' and by the Oath of one credible Witnefs, (hall forfeit five Shillings for every fuch Fowl fo taken, ' one Moiety to the Informer, the other to the Poor of the Parifh where the Offence was done, to ' be levied by a Warrant of the Juftice of the Peace before whom the Offender was convicted, by ' and kept to hard Labour ; and the Juftice of the Peace (hall caufe fuch Hays and Nets to be feiz- ' perience to be ineffectual, by reafon that the Wild Fowl begin to moult before the Firft of July, ' are yearly deftroyed contrary to the true Intent and Meaning of the faid Act ;' Therefore for Re- medy thereof, be it enacted by the Authority aforefaid, That if any Perfon (hall, in any Year be- Penalty on ta- tween the firft Day of June and the firft Day of Oclober, by Hays, Tunnels or other Nets, drive and ^'"S Wild Fcwi: take any Wild Duck, Teal, Widgeon, or any other Water Fowl, in any Marfhes, Fens, or other Mc^itingYea'i Places of Refort for Wild Fowl, and (hall be thereof convicted in fuch Manner as in the faid Act of the fon. ninth Year of her late Majefty Queen Anne is prefcribed, he (hall be liable to the fame Penalties to be levied in like Manner, as by virtue of the faid Act he would be liable to, if fuch Offence was committed FartberProvijeih between the firft Day of July and the firft Day of September, and for want of Diftrefs be committed to the relating btnto, Houfe of Correction, and there punifhed as by the (aid Act is directed. ^ ^ *• "• ^ CAP. XXXIII. An A& for making navigable the River Rodon, from a little below a Mill called Barking Mill in the County of Effex, to Illford Bridge in the faid County. P R. HE RE AS the River Rodon, running from Great Illford in the County of Effex to Barking in the fame County, was till lately wholly unpaifable for any Boats, Lighters or other Vef- fels, fit to carry any Goods or Merchandizes from Great Illford to Barking aforefaid: And where- as by one Indenture, bearing Date on or about the twenty-fecond Day of May one thoufand feven hundred and thirty-fix, arid made or mentioned to be made between feve'ral of the Land Owners on each Side of the faid iliv ;r Rodon and the Owners or Leffees of the Mill thereupon at Barking aforefaid
 * Majefty Queen Anne, intituled, An Ail for making an Acl of the fifth Year of her Majefty's Reign, c - 2 5-
 * ed, That if any Perfon, between the firft Day of July and firft Day of September in any Year,
 * (hall by Hays, Tunnels or other Nets, drive and take any Wild Duck, Teal, Widgeon, or any
 * other Water Fowl, in any Places of Refort for Wild Fowl, in the Moulting Seafon, the Offen-
 * Diftrefs and Sale of his Goods, and for want of Diftrefs to be committed to the Houfe of Cof-
 * rection for any Time not exceeding one Month, nor lefs than fourteen Days, there to be whipt
 * ed and immediately deftroyed in his Prefence : And whereas the faid Act hath been found by Ex-
 * and have not done moulting by the firft of September, fo that great Numbers of Wild Fowl