Page:Ruffhead - The Statutes at Large - vol 8.djvu/699

 66o C. 29. Anno fecundo Georgii III. A. D. 1 76 1. Preamble, reciting Claule in the Aft I Jac. I, (. 27. c A P. XX rx. An Ad: to amend To much of an Ad made in the firft Year of the Reign of King James the Firft, intituled. An A£f for the better E>:ecution of the Intent and Mcarang of formei- Statutes made again]} Shooting in Guns^ and for the Prefervation of the Game of Pheafants and Partridges, and againjl the defiroying of Hares with Hare Pipes, and tracing Hares in the Snow ; as relates to the Prefervation of Houfe Doves and Pigeons, by mak- ing the manner of convicling fuch Perfon or Perfons as Ihall offend therein, more eafy and expeditious. WH E RE AS by an Adl made in the firft Year of the Reign of his Majefty King Jutkcs the Firft, in- tituled, An A^ for the better Execution of the Intent and Meaning of former Statutes made againji Shooting in Guns, and for the Prefervation of the Gume of Pheafartts and Partridges, and again/} the dijlroying of Hares zuith Hare Pipes, and tracing Hares in the Snow ; it is amongft other Things therein enacted. That all and every Perfon and Perfons who fliall kill or deftroy any Houfe Dove or Pigeon, and fliall be thereof convidcd by the Confeflion of the Party, or by the Teftimony of two fufficient WitnelTes, upon Oath before two or more Jufticcs of the Peace, of the County, City, or Town Corporate, wherein the Offence fhall be committed, or the Parties apprehended, fuch Juftices fhall commit every fuch Offender fo apprehended, to the common Gaol of the faid County, City, or Town Corporate, where the Offence (hall be committed, or the Party appre- hended, there to remain for three Months without Bail or Mainprize, unlefs that thj faid Of- fender do or ftiall forthwith upon the faid Convidion pay, or caufe to be paid, to the Churchwar- dens of the faid Parifti where the faid Offence Ihall be committed, or the Party apprehended, to the Ui'c of the Poor of the fdd Parifh, the Sum of twenty Shillings for every Houfe Dove or Pi- geon which every fuch Perfon or Perfons, fo offending and convidted as aforefaid, fhall take, kill, or v.illingly deftroy, contrary to the true Purport and true Meaning of that A6t j or after one Month after his Commitment, together with two fufficient Sureties, become bound by Recognizance in the Sum of twenty Pounds apiece, to the King's Majefty's Ufe, his Heirs and Succeflbrs, with Condition that he the faid Party fo offending fnall not at any Time thereafter fhoot at, kill, take» or deftroy, any Houfe Dove or Pigeon, by any fuch Means as in the faid Ad are mentioned ; which faid Recognizance fhall be taken by any two or more Juftices of the Peace, of the faid County, City, or Town Corporate, where the Offender fhall be fo imprifoned as aforefaid, and fhall be re- turned to the then next Quarter SefTions, and there to remain of Record as other Recognizances taken for the Peace, as by the faid in Part recited Ait, relation for greater Certainty being thereunto had, may more fully appear: And whereas the Method of convidling Offenders againft the above recited A£t, hath hitherto been found, in a great degree, ineftecStual, to anfwer the good Intentions of the faid Aft : Therefore for more fpeedy convicting and punifhing Perfons who fliall be guilty of the faid mifchievous Praftice of wilfully killing or deftroy ing Houfe Doves or Pigeons, belong- ing to other Perfons ; May it pleafe your Majefty that it may be enafted ;' And be it enadted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That after the twenty-fourth Day of y^n^ one thoufand ftven hundred and fixty-two, if any Perfon or any Perfon who feaJiwil- Perfons fhall flioot at, with an Intent to kill, or fhall by any means whatever, kill or take, with a fully flioot at, or deftroy wilful Intent to deftroy, any Houfe Doe or Pigeon, and fliall be thereof convifted by the Confcf- Perfons °"^'"^ ° °^ " or more Juftice or Juftices of the Peace of the County, City, Town Corporate, Divifion, Riding, or Place, (which Oath fuch Juftice or Juftices are hereby authorized to adminifter) wherein any fuch Offence or Offences fhall be committed, or the Party or Parties offending fhall be apprehended, every Perfon fo offending, and who fhall be convicted as aforefaid of any fuch Offence, fhall, for every fuch Offence, forfeit and pay the Sum of twenty Shillings, to the Perfon or Perfons who fliall inform /.f»fr24june, 1762 fljall forftiton Convi£ti- or wUh 'p^id,' he"'m'ay be f^'^cd fhall not be forthwith paid on every fuch Convidtion, it fhall and may be lawful for fuch Jultice cooimittcd, and kq.t to or Jufticcs to Commit any fuch Offender or Off'enders, who fhall be foconvifted as aforefaid, to the hard LabourforanyTimc common Gaol of the County, or the Houfe of Correction in the Divifion or Place where the Party rr'-"aWn*f'^r^h ^S.^'"^' ^"'^ profecutc to Conviction, any fuch Offender or Offenders ; and in cafe the Money fo for with paid, he may be f^'^cd fhall not be forthwith paid on every fuch ConviCtion, it fhall and may be 1; not exceeding ^, nor lefs js conviCtcd or apprehended, there to remain and be kept to hard Labour for any Time not exceed thrporfeiturrbe fooncr '"S three Calendar Months, nor lefs than one Calendar Month, as any fuch Juflfce or Juftices fhal order, unlefs the Money forfeited fhall be fooner paid fhall paid. The Owners of Dove Cote», or other Places built for thePrefei^ation o' Breeding of Pigeoot, t[u thufe appointed by ihcm, excepted. i Offender is liable only to one conviftion for the fame Olfcnce j and Pro- kkisicru are to be com- II. Provided always, and it is hereby alfo enacted. That nothing in this Ail contained fhall he conftrucd, deemed, or taken, to hinder any Owner of a Dove Cote, Pigeon Houfe, Pigeon Cham- ber, or any other Place, built up or eredted, or to be built up or erected, for the Prefervation or Breeding of Pigeons, from taking, killing, or I'eftroying, by himfel^ or any other Perfon by him ap- ointed or authorized for that purpofc, all or any Houfe Doves, or Pigeons, which fliall at any Time ^ taken in the proper Dove Cote, Pigeon Houle, Pigeon Chaniber, or any other Place, as afore- faid, for the Piefcrvation or Breeding of Pigeons, of any Owner of fuch Dove Cote, Pigeon Houfe, Piecon Chamber, or other Place. III. Provided further, and it is hereby alfo enabled. That no Perfon who fhall be convicted of any Offence againft this Act, fhall be liable to be convidtcd for any fuch Offence under any former or other Ad j and that no Perfon fliall be profccutcd for any Offence againft this Ail, unlefs the Pro- jjccution.
 * "on"belt ^i'n " ""^ 'h' ^'°" °^ ^^^ Party offending, or the Oath of one or more credible Witnefs or Witntffes, before one