Page:Ruffhead - The Statutes at Large - vol 8.djvu/341

 A. D. 1757. Anno tricefimo primo Georgii II. C. 41* 307 XVII. And be it further enadled by the Authority aforefaid. That one Moiety of all Money for- Ferfeltures to beappliwi' c fliall go and be pj have been committed. XVIII. Provided always, and it is hereby further enacf^ed, That any Inhabitant of the Parifn or In habitants deemed com- Place in which any Offence fhall be committed againft this A(5t, ih?M notwitMtanding fuch Inhabi- Patent Wunefles. tancy, be a good and competent Witnefs. XIX. And be it further enabled by the Authority aforefaid, That if any Plaint, Adion, or Suit, Limitation of Adioni, fhall be commenced or profecuted againft any Perfon or Perfons, for what he or they fhall do or have done in purfuance or in Execution of this A£t, the fame {hall be commenced within fix Months after the Offence committed, and fliall be laid in the County or City where the Offence fhall have been committed ; and fuch Perfon or Perfons fo fued, in any Court whatfoever, fliall and may plead the General Iffue, Not guilty, and may give this A61 and the Special Matter in Evidence, at any General IiTue, Trial to be had thereupon ; and if a Verdift fliall be found for the Defendant or Defendants, or if the Plaintiff fliall become nonfuit, or difcontinue his Adtion, after the Defendant fliall have appeared ; or if Judgment fliall be given, upon a Demurrer, againft the Plaintiff or Plaintiffs, the Defendant or Defendants, in every I'uch A6tion, fliall recover treble Cofts, and have the like Remedy for the Treble Cofts, fame as any Defendant or Defendants hath or have in other Cafes for Recovery of his or their Cofts. CAP. XLI. An Aft to amend and render more effedual an A61 pafled in the twenty-ninth Year of his prefent Majefty's Reign, intituled, yin A5i for inclofwg^ by the mutual Confent of the Lords and Tenants, Part of any Common^ for the Purpofe of planting and prefervmg 'Trees fit for Timber or Underwood ; and for more effectually preventing the unlawful Dejiru^ion of Trees. W HE RE AS by an Aft made in the twenty-ninth Year of the Reign of his prefent Ma- Preamble, reciting ft ve- any Common, for the Purpofe of planting and preferving Trees fit for Timber or Underwood; mid for more ^°' ^' "^ effeSJually preventing the unlawfid DeJhu£iion of Trees ; it is, among other Things, enafted, '^hat it J"^^^^^?'^^^^^^^'"^^'^ (hall and may be lawful to and for his Majefty, his Heirs and Succeffors, and all other Owners of ^^^."/^^^^JJ/^ ^r ' Waftes, Woods and Paftures, in that Part of Great Britain called England, wherein any Perfon ov Merton; and to i^ Ed.x, Perfons, or Body or Bodies Politick or Corporate, hath or have a Right of Common of Pafture, by f. 46. 35 H. 8. c. 17. and with the Affent of the major Part in Number and Value of the Owners and Occupiers of Te- 3 & ^ Ed. 6. c. 3. nements, to which the faid Right of Common of Pafture doth belong, and to and for the major "^^ ■^^' "^^ ^' ''5^'="'-2« Part in Number and Value of the Owners and Occupiers of fuch Tenements, by and with the Aflent ^j^ z^Car. z. c. 7. of the Owner or Owners of the faid Waftes, Woods and Paftures, and to and for any other Perfon 9 Gf 10 fV. 3. c. 36.' or Perfons, or Body Politick or Corporate, by and with the Affent and Grant of the Owner or Owners 1 Geo. 1. St.z. c. 48, of fuch Waftes, Woods and Paftures, and the Major Part in Number and Value of the Owners and 6 <7w. i. c 16. Occupiers of fuch Tenements, to inclqfe and keep in Severalty, for the Growth and Prefervation of Timber or Underwood, any Part of fuch Waftes, Woods and Paftures, for fuch Tim.e, and in fuch Manner, and upon fuch Conditions, as fliall be agreed by them refpedtively : And whereas it is by the faid A£l provided. That in cafe any Recompence fliall be agreed to be given for fuch Inclofure. to or for the Benefit of the Owners and Occupiers of the Tenements to which the Right of Com- mon in fuch Waftes, Woods and Paftures, doth belong, fuch Recompence fliail be made either by a Grant of a Share of the Profit which fliall arife from the Sale of the Timber or Underwood grow- ing on the Ground or Soil fo inclofed, or by a Grant of other Lands, Tenements or Hereditaments, or by fome Annuity or Rent Charge iffuing out of the faid Ground or Soil fo inclofed, or out of other Lands, Tenements or Hereditaments, or fliall be paid in Adoney, to be placed out at Intereft on publick Securities, or laid out in the Purchafe of Lands, Tenements or Hereditaments, or of fome Annuity or Rent Charge iffuing out of Lands, Tenements or Hereditaments ; and the Produce of fuch Lands, Tenements or Hereditaments, or fuch Annuity or Rent Charge, or the Intereft of fuch Money, until the fame fliall be laid out in fuch Purchafe as aforefaid, fhall be paid from tirnc to time to the Overfeers or Overfeer of the Poor of the faid Parifli or Townfliip, and fhall be by them or him applied towards the Relief of the Poor of the Parifli or Townfliip where fuch Waftes, Woods or Paftures, fliall lie, and accounted for in fuch Manner as the Rates for Relief of the I^oor are by Law directed to be accounted for : And whereas, in many Cafes, the Right of Common of Pafture in the Ground or Soil inclofed, or intended to be inclofed, may not belong to all the Owners and Occu- piers of Tenements within the Pariflies or Townfliips wherein fuch Waftes, Woods, or Pctftures, fliall lie : And whereas the Owners and Occupiers of fuch Tenements, to which fuch pecular Right of Common doth belong, may refufe their Affent to an Inclofure, the Recompence for which is ap- plicable to the General Relief of the Poor of the Parifh, and not tD- them in Proportion to their par- ticular Interefts ; and yet they may be willing to accept a different Recompence from that which is provided by the faid Adt ; Be it enabled by the King's moft Excellent Majefty, by and with the R r 2 Ad Vice
 * » j^fty» intituled. An Aii for inclofmg^ by the mutual Confent of the Lord and Tenants, p^;-/ ^ral ciaufes m Aft zg