Page:Ruffhead - The Statutes at Large - vol 2.djvu/407

A. D. 1543. Anno tricefimo quinto Henrici VIII. C. 1-, -•> of the Failure in or upon the f.iij Rcfulue, during and by all the (aid Ti rm and Time of feven Years n - l after tile felling or cutting down of the (aid Copp - IA ood or 1 or growing or tfa (hall be or grow in or upon the faid Part, which (hall be fo fevered, divided, let out, bounded, and en- closed as is aforefaid : (3) And thai from an I after the faid feven Years expired and ended, until the n<x: Felling or cutting down of the faid Coppice Woods orUndei woods being upon th fevered and divided- as is aforefaid, as well the lame Part as the faid Refidue of the faid Ground and (hall lie and he ufed in Common, :nd the Pafture and other Profits thereof (hall and may be ufed and taken as well by the Lord, being Owner of the faid Ground or Soil, as by the laid Teni and Inhabitants, in like Manner, Form and ConJition, as it mould or ought to have been before the nuking of this Aft, and as if this Aft had never been had or made ; any Thing in this Ac~t contained to the con- trary thereof notwithstanding. XI. Provided alfo, That it fhall be lawful to every Pcrfon and Perfons to fell and to enelofc all their WopdtuiMta Coppice Woods_ and Under- woods in any Wafte Ground, which before the making of this Act have been bc c ■■ ufed to beenclofed, preferved and kept for the Maintenance of Wood and Under-wood j any Thing in this Aft to the contrary notwithftanding. ' XII. And whereas peradventure the Lords or Owners of the forcfaid Woods and Under-woods, after ' that they have enclofed and fenced the fourth Part thereof, or as much of the fame as fhall be to them li- ' mitcd and affigned by the laid Jufticcs of Peace or Commoners, will not or do not fell th 1 me 'oods ' and Under-woods fo enclofed or to be enclofed, but fuffer the fame to Hand and grow, whereby the Com- ' moners, who ought to have their Common of Pafture within the fame Part fo enclofed, fhall lofe and be ' put from their faid Commons therein :' (2) Be it therefore enaftcd by the Authority afotefaid, That if TheComn-onm She fame Part of Wood and Under-wood fo enclofed be not felled within four Months next after the en- (hall ■ doling thereof; that then and fo long as the fame Woods fhall not be felled, it fhall be lawful to the faid Common foim.g Commoners to put their Cattle unto tnc fame Woods and Ground fo enclofed, and that the Owner thereof JS ' h j"' u<J - '- fhall leave open convenient Places within the fame Enclofure, whereby the Commoners Bcafts may have un Acccfs and come into the fame Wood fo enclofed, and there to pafture and feed as long as the lame Wood fhall (land and be unfelled ; any Thing contained in this Aft to the contrary notwithstanding. XIII. Provided alway, and be it enaftcd by Authority aforefaid, That this Aft, nc any Thing therein. Wooi contained or expreffed, extend or be prejudicial to any of the Lords or Owners of the Woods, Under- "» the TO&Mi of woods, or Wood-lands, growing or being within any of the Towns, Parifhes or Places, commonly called Kxnr ' Surrey or known to be within the Wilds of the Counties of Kent, Surrey and Suffix, or of any of them, other than aiiJ b ^"'" A ' only to the common Woods growing and being within any of the laid Wilds of the faid Counties of Kent, Surrey and Suffix ; any Thing in this prefent Aft to the contrary notwithftanding. XIV. Provided always, That this prefent Aft, or any Thing therein contained, fhall not extend, or be Bargains for prejudicial or hurtful, or extend to charge any Perfon or Perfcns, which before the Feaft of Saint Michael Wood "»& te - the Archangel in the four and thirtieth Year of the Reign of our Sovereign Lord King Henry the Eighth, fore the Sutule «  hath bargained and bought Woods or great Trees growing in any the fame Woods, for or concerning the felling and cutting down of the fame Woods or Trees, or not leaving of any Standils or Storers of and in the (ame, according to the Tenour of this prefent Aft; any Thing, Penalty, or Forfeiture in this prefent Aft contained to the contrary thereof notwithftanding. XV. Provided alway, and be it further enafted by the Authority aforefaid, That this Aft, or any Thing T0wh.1t Tim- herein contained, fhall not extend to charge any Perfon or Perfons with any Penalty or Penalties contained k =r-tr«s this in this prefent Aft, for or concerning any Timber-trees growing within two Miles of the Sea, in the s ^ tur ^ cxanJ_ County of Carnival, or any .other Timber-trees within the Realm, being fear and dead in the Tops, or any Timber-trees to be taken by Virtue of the King's Highnefs Commiilion within the Realm, or for or con- ceding any Offence done contrary to the Tenour of this Aft ; unlefs the fame Perfon or Perfons offending Within what this Aft befued for the fame within one Year next after the fame Offence committed or done ; any Thing T >™ e thc Of- in this Aft contained to the contrary in any wife notwithftanding. icnoermuft bi XVI. Provided always, and be it further enaftcd by the faid Authority, That if any Perfon or Perfons do break or deilroy any feveral Fens s or Hedges, made or to be made for the faving of the fame Woods, Tli= Penalty for Under-woods, Grounds or Soils, that every Perfon fo offending fhall forfeit and lofe, for every fuch Of- ™ j?f of r c, .,,• ' ' ° ' Wood Hec»cs. fence, ten Shillings. XVII. And be it further enaftcd by the Authority aforefaid, That if any Perfon or Perfons fuffer his Swine fliall not Swine, being of the Age of ten Weeks or above, during fuch Years as the (aid Woods be appointed and s n l n 3 ^' coi ordained by this Aft to be enclofed, at any Time after the fir ft Day of Augufl next coming, to go or run ul " in any Common or feveral Ground or Woods, un'efs the fame Swire be fuffieiently ringed or pegged, that then the Owner or Owners of every fuch Swine fhall forfeit and lofe, for every fuch his Swine that fhall fo go or run in any the laid Grounds, Woods or Under woods, and not being fufllciently ringed or pegged as is aforefaid, from and after the faid firft Day of Augnjl next coming, four Pence; (2) the one Half of all and every the faid Forfeitures, if it be in any of the King's Woods or Grounds, to be to his Highnefs, and the other to be to the Finder thereof: And if it be within any other Perfon or Perfons laid Grounds, Woods or Under-woods, then the one Half of all and every the fame Forfeitures to be to the Owners of the Soil, and the other Part thereof to be to him that will fue for the fame by Bill, Plaint, Action, Infor- mation, or otherwife, in any Court of Record, wherein no Wager of Law, Efloin, or Protection fliall be allowed nor admitted. XV III. Provided alway, That where any Woods or Under-woods (hall, after the faid Feaft of Saint The fencing of Michael the Archangel, be felled or cut down in any Park or Ground enclofed, wherein any Deer (hall » Wood in a be then kept, that the Owner or Owners, Poftefiioner or Poffeffioners of fuch Park and Parks, or Grounds ^* b * enclofed for Deer, to be chargeable for the. Enclofure and Prefervation of the fame, as is aforefaid, but only for the Space of four Years after any fuch Time of felling- or cutting down of the fame Coppice Woods