Page:Ruffhead - The Statutes at Large - vol 6.djvu/543

 A. D. 1742. Anno decimo quinto Georgi 1 II. C. 34. 477 Pcrfon fo offending, and being thereof convicted as aforefaid, .fhall forfeit and pay the Sum of twenty Penilty for cot- Shillings ; one Moiety thereof to the Informer, and the other Moiety to the Lord or Owner of fuch Starr, ting s arr or Bent, or Sand-hills, the fame to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Ben « "" m lbe Warrant under the Hands and Seals of fuch Juftice or Juftices, together with the Charges of fuch Di- s * Bi- ' wu *" ftrefs and Sale, rendring the Overplus, if any be, to the Owner or Owners thereof ; and for w. nt of fuf- ficient Diftrefs, the faid Juftice or Juftices are hereby required to commit the Perfon or Perfons fo con- victed as aforefaid, to the Houfe of Correction, there to remain and be kept to hard Labour for the Space of three Months ; and if any Perfon or Perfons fo convicted fhall aftei wards be guilty of a fecond p "> a, 'y, on **■ Offence, and thereof lawfully convicted by fuch Juftice or Juftices, either by Cpnfeftjon of the Party or con ' 1 oftcnce - Parties, or upon the Oath of one or more credible Witnefs or Witneffcs, fuch Perfon or Perfons uiaH be committed to the Houfe of Correction for the Space of one Year, there to be whipt and kept to hard Labour. VII. And be it further enacted by the Authority aforefaid, That if any Starr or Bent fha!l be found in Penalty on hi. the Cuftody or Poffeflion of any Perfon or Perfons within five Miles of any fuch Starr, Bent or Sand-hills ' lnc P'^'T. as aforefaid, fuch Perfon or Perfons being convicted thereof before one or more fuch Juftice or Juftices in cntm ' '* Manner aforefaid, fhall be deemed, adjudged and taken to be the Cutter and Puller of fuch Starr or Bent from fuch Sand-hills, and fhall forfeit and pay the Sum of twenty Shillings ; one Moiety thereof to the Lord or Owner of fuch Starr, Bent or Sand-hills, the fame to be levied in Manner aforefaid, by Diftrefs and Sale of the Offender's Goods and Chattels, together with the Charges of fuch Diftrefs and Sale, ren- dring the Overplus, if any, to the Owner or Owners thereof; and for want of fufficient Diftrefs, fuch Perfon or Perfons fhall be committed in Manner aforefaid, to the Houfe of Correction, there to remain and be kept to hard Labour for the Space of three Months. VIII. Provided always, That nothing in this Act contained fhall extend, or be conftrued to extend, to Prcvifo, prohibit or reftrain any Perfon or Perfons from the Exercife or Enjoyment of any ancient prefcriptive Right, to cut Starr or Bent upon the Sea Coafts in the County of Cumberland. ' IX. And whereas by an Act made in that Part of Great Britain called Scotland in the Year one thou- ' fand fix hundred and ninety-five, intituled, An Aft for Prefervation of Meadows, Lands and Paflurages lying faid twenty-ninth Day of September one thoufand feven hundred and forty-two, if any Bent fhall be pulled tin § s,arr and or cut from any Sand-hills in that Part of Great Britain called Scotland, either by the Lord or Owner Ben t in Scotland, thereof, or by any other Perfon or Perfons whatfoever, fuch Perfon or Perfons being convicted thereof fhall be fubject and liable to the like Penalties and Forfeitures, to be difpofed of in fuch Manner as in and by the faid Act is particularly mentioned and expreffed; and if any Bent fhall from and after the faid p. cnaI 'y for hl * twenty-ninth Day of September be found in the Cuftody or Poffeflion of ary Perfon or Perfons within eight g"^ i n " r u «" j y Miles of any Sand-hills in that Part of Great Britain called Scotland, fuch Perfon or Perfons being convicted j n Scotland. thereof, fhall be deemed, adjudged and taken to be the Puller or Cutter of Bent from fuch Sand-hills, and fhall be fubject and liable as a Puller of Bent to the like Penalties and Forfeitures, to be difpofed of in fuch Manner as in and by the faid Act is particularly mentioned and expreffed. CAP. XXXIV. An Act to explain an Aft made in the fourteenth Year of the Reign of his prefent Majefty, intituled, An A5i to render the Laws more effettual for ■preventing the ft eating and deftroying of Sheep and other Cattle. ' "*T THEREAS by an Act made in the fourteenth Year of the Raign of his prefent Majefty, inti- 14 Geo. s. c. 6, f W tuled, An Ad to render the Laws more effectual for preventing theftealing and deftroying of Sheep and ' other Cattle, It was enacted, That if any Perfon or Perfons fhould at any Time from and after the firft ' Day of May in the'tYear of our Lord one thoufand feven hundred and forty-one felonioufly drive away, ,' or in any other Manner felonioufly fteal, one or more Sheep or other Cattle of any other Perfon or Per- ' fons whatfoever, or fhould wilfully kill one or more Sheep or other Cattle of any other Perfon or Perfons ' whatfoever, with a felonious Intent to fteal the whole Carcafe or Carcafes, or any Part or Parts of the ' Carcafe or Carcafes of any one or more Sheep or other Cattle that fhould be fo killed, or fhould aflift ' or aid any Perfon or Perfons to commit any fuch Offence or Offences, that then the Perfon or Perfons ' guilty of any fuch Offence, being thereof convicted in due Form of Law, fhould be adjudged guilty of ' Felony, and fhould fuffer Death as in Cafes of Felony without Benefit of Clergy : And whereas it is ' doubtful to what Sorts of Cattle befides Sheep the faid Act was meant to extend ;' Be it therefore enacted J°cxdlfte& and declared by the the King's moft Excellent Majefty, by and with the Advice and Content of the Lords flulUxtend! ' Spiritual and Temporal, and Commons, in this pretent Parliament affembled, and by the Authority of the fame, That the faid Act was meant and intended, and fhall be conftrued, deemed and taken to ex- tend to any Bull, Cow, Ox, Steer, Bullock, Heifer, Calf and Lamb, as well as Sheep, and to no other Cattle whatfoever. CAP. XXXV, I i
 * adjacent to Sand-hills, the pulling of Bent is prohibited and reftrained under the Penalties mentioned in
 * the faid Act : And whereas the faid Act hath by Experience been found ineffectual for anfwering the
 * Purpofes thereby intended ;' Be it therefore enacted by the Authority aforefaid, That from and after the Penalty for cpt-