Page:The statutes of Wales (1908).djvu/204

72 and seized by any of the said Foresters Rulers Walkers Farmers or their Assigns, or any of them; and the Owner and Owners of the same Cattle, within one Year and a Day next ensuing, chance to find the said Cattle so taken, and lawfully prove the same to be his or their own proper Cattle, that then the same Cattle to be redelivered to the Owner or Owners thereof, according to the ancient Law of this Realm of England; the said Owner and Owners reasonably paying for the keeping of such Cattle after the Rate of the Time that such Cattle shall have been in the Custody and keeping of any such Foresters Rulers Walkers and Farmers, or his or their Assigns, in such Manner and Form as heretofore hath been in like Case used to be done by the Law of this Realm, of estrayed Cattle claimed and proved by the Owners within a Year and a Day next after the seizing of the same Cattle; and if any of the said Foresters Rulers Walkers Farmers their Assigns, or any of them do deny the Deliverance of any such Cattle, by them or any of them so seized or marked within any of the said Forests, after the Owner or Owners of them shall have duly and lawfully proved them to be his or their own proper Goods and Chattels as is aforesaid, that then every such Forester Ruler Walker Farmer or their Assigns, so doing and offending contrary to this Act, to forfeit and pay unto the Party grieved the double Value of all such Cattle as shall be so taken and marked, and not re-delivered to the Owner or Owners as is aforesaid; And that the Party grieved may have his Action of Detinue at the Common Law, of and for the same Cattle, against every such Offender or Offenders, and the same to be tried in the next Shire adjoinant; in which Action the Defendant shall not be admitted to wage his Law, nor Essoin nor Protection shall be allowed for them: And like Process of Outlawry to be had and made in the said Action of Detinue in the next Shire adjoinant, against every Forester Ruler Walker Farmer or their Assigns, so offending contrary to the Tenor of this Act, as in an Action of Trespass at the Common Law of this Realm is used.

A.D. 1535]

16. Provided also, that this act, nor anything therein contained, be in anywise prejudicial or hurtful to any person or persons born in