Page:Ruffhead - The Statutes at Large - vol 7.djvu/739

 A. D. 1756, Anno vicefimo noiio Georgii II. C. 36. 719 pr the chief Magiflrate of any City or Town of the -Proyince or Colony, where fuch Perfon fhall be fo inlifted (not being an Officer iof ,the Army) and before fuch Juftice or chief Magiflrate, he or they fliall be at Liberty to declare his Ox their Difleht to fuyh inlifting, and upon fach Declaration, and returning the inlifting Money, and alio each Perfon' fd diflenting paying' the' Sum of twenty Shillings Sterling for the Charges expended or laid out upon him, fuch Perfon or Perfons fo inlirted (hall be forthwith dif- eharged and fet at Liberty in the Prefence of fuch Juftice or chief Magiftrate; but if fuch Perfon or Perfons (liall refufe or negled within the Space of twenty-four Hours to return and pay fuch Money as ^orefaid, he or they fhall be deemed an,d taken to be inlifted, as if he or they had given his or their Affent thereto before the' faid Juftice or .chief Magiftrate; or if fuch Perfon or Perfons (hall declare his or their having voluntarily inUfted himfelf or themfelves, then fuch Juftice or chief Magiftrate ftiall, and he is hereby required fortliwith to certify vnder his Hand, that fuch Perfon or Perfons is or are duly inlifted, fetting forth the Place of the Birth and Calling of him or them refpeftively (if known) and that the fecond and fixth Sedions of the Articles of War againft Mutiny and Delertion were read to him or them, and that he or they had taken the Oath mentioned in the faid Articles of War; and if any fuch Perfon or Perfons fo to be certified as duly inlifted, ftiall refufe to take the Oath of Fidelity before the feid Juftice or chief Magiftrate, it fhall and may be lawful for fuch Officer from whom he has received fuch Money as afdrefaid, to detain or confine fuch Perfon or Perfons until he or they fliall • take the Oath before required;' and every military Officer who fliall adt contrary thereto, or offend herein, fhall be forthwith cafliiered and difplaced from his Office, and Ihall be utterly difabled to have pr hold any military Office, or Employriient in his Majefly's Service; and for every fuch Offence flialL forfeit the Sum of fifty Pounds, to be recovered as any other Penalty is by this A61 direded to be re- covered. XI. And be it further enadled by the Authority aforefaid, That if any Perfon or Perfons fliall receive Perfons refiinng the inlifting Money from any Officer (knowing it to be fuch) and fhall abfcond, or refufe to go before ^/^ ^^■'f fuch Juftice or chief Magiftrate, in order to declare his Afl"ent or Difleht as aforefaid; fuch Perfon or I'^ainft'/af'f'^'* Perfons fhall be deemed and taken to be inlifted to all Intents and Purpofes whatfoever, and fhall and lifted. ' may be proceeded againft, as if he or they had taken the Oath direded by the faid Articles of War to be taken before fuch Juftice or chief Magiftrate. ■ J';,' XII. And be it further enaded by the Authority 'aforefaid. That this Aft, and every Claufe, Article Commcnce- and Matter therein contained, fhall have Continuance for the Space of three Years, from and . after the T'ent and Con- twenty-fifth of March one thoufand feven hnndred and fifty-fix, and from thence to the End of the ^^.^""^^ °^ "^ then next Seffion of Parliament. C A P. XXXVI. An Aft for inclofing, by the mutual Confent of the Lords and Tenants, Part of any Com- mon, for the Purpofe of planting and preferving Trees fit for Timber or Underwood; and for more efteftually preventing the unlawful Deftrudtion of Trees. ' nants fufficient Paftitre, as much as belongeth to their Tenements, with fufficient Ingrefs and Egrefs '•to the fame, may approve the Refidue of fuch Waftes, Woods and Paftures: And whereas by a ' between Lords of Waftes, Woods and Paftures, and their Neighbours, having Common Appurtenant ' therein; and Provifion is thereby made againft calling down Dikes and Hedges levied by fuch as have ' Right fo to approve : And whereas by an Ail made in the third and fourth "i'ear of the Reign of King 3 & 4 Ed. 6, ■ " faid Statutes, and all Articles thereof, then not repealed, were confirmed : And whereas the faid Pro- ' vifions for the Approvement of Waftes, Woods and Paftures, have been in many Cafes rendered in- ' Waftes, Woods and Paftures; sAo under Pretence that fufficient Pafture is not re'erved to them, di(-- ' turb the- Lords of fuch Waftes, Woods and Paftures, or their Affigns, in the PofTeflion of the Ground ' and Soil fo approved,, and difcourage them from aflerting their Right to make or continue fuch Ap- ' provement : And whereas the general Provifions made by an Adl of the thirty-fi.fth Year of the Reign j^H.g; <;. 17, ' of King Henry the Eighth, and by feveral other Afts of Parliament, for preferving Woods; and the ' King Charles the Second,- intituled. An ASl for the Increafe and Prefervation of Timber zvithin-tbe ' Foreft of Dean; and the other of the ninth and tenth Year of the Reign of King William the Third, g & jq, t^^ ^^ ' kept in Severalty for the Growth and Prefervation of Timber, have not been duly put in Execution : •^ tity of foreign Timber is neceflarily ufed for building Ships and Houfes, and for other Purpofes; and , ' the general Price of Timber and Wood is greatly increafed : And whereas, many Trads of Watle: • ' ' Land unfit for Tillage or Pafture, but capable of producing different Kinds of- 1'rees, may conve-- ' Inclofure-
 * TX 7" H E R E A S by the Statute made at Merton, it was provided and granted. That Lords of Waftes, statute of Mer-
 * W Woods and Paftures in which their Tenants have Common of Pafture, referving to their Te- ton.
 * Statute made in the thirteenth Year of the Reign of King Edward the Third, commonly called The 13 Ed. 3. 0.46^
 * Statute of Weftminfter the Second, it was ordained. That the faid Statute of Merton fhould hold Place
 * ■ Env/ARD the Sixth, intituled, An ASt concerning the Approvements of Moon and JVaJle Grounds; the '^' 3-
 * ■ effectual, by the Contradiction and Diflent of a few Perfons having Right of Common in the faid
 * particular Provifions made by two feveral Ads of Parliament of the twentieth Year of the Reign of ^q car. 2. c. 3,
 * intituled. An Ail for the Increafe and Prefervation of Timber in the New Foreft, in .the County of South- c 36.
 * ampton; whereby Part of the Wafte Lands of the faid feveral Forefts are diredted to be inclofed and
 * And whereas, for want of a proper Supply of Timber of the Growth of this Kingdom, a greaE Qiian-
 * nientl'y be inclofed for the Growth of Timber and. U;:iderwood, to the .Advantage both of the Owners
 * of the Groimd and Soil of fuch Waftes, and alio fuch as iiave Ri^ht of Common therein; and f._,ch