Page:Ruffhead - The Statutes at Large - vol 3.djvu/422

374 ^' 2^' Anno viceiimo fecundo"8s tertio Carol i II. A, D. 1670. , The Penalty, tice fliall appoint, not exceeding treble Damages ; (3) and over and above, pay down prefently unto the Overfeers for the UCe of the Poor where the faid Offence fliall be committed, fuch Sum of Money not ex- To be levied by ceeding ten Shillings, as the faid Juftice fhall think meet : (4) And in Default of Payment as aforefaid, the Diftrefs. fame to be levied by Diftrefs and Sale of the Offender's Goods, by Warrant under the Hand and Seal of fuch Juftice before whom the Offender fliall be convifted,^ rendring the Overplus if any be; (5) and for want of Diftrefs the Offender or Offenders fliall be committed to the Houfe of Correction for fuch Time as the Juftice fhall think fit, not exceeding one Month ; unlefs the Party offending fiiall enter into Bond with dne competent Surety or Sureties to the Party injured, not exceeding the Sum of ten Pounds, never to cfFcnd in like Manner, juflke of the VIII. And be it further enabled. That it fhall and may be lawful for every Juftice of Peace before whom 'i'"n ""&"' fuch Offender as aforefaid fhall be convict, to take, cut in Pieces and deftroy all and every fuch Angles, "' '^' Spears, Hairs, Noofes, Trolls, Wears, Pots, P'ifh-hooks, Nets or other Engines whatfoever, wherewith fuch Offender as aforefaid fliall be taken or apprehended. The Party IX. Provided always, and be it further enatled by the Authority aforefaid, That if any Perfon or Per- grisvcdmay ap- fons fliall find him or themfelves aggrieved by any Judgment which fliall happen to be given by any Juftice praltothaQuar- ^f ^j^g Peace by Virtue of this Ait, it fhall and may be lawful for fuch Perfon or Perfons fo aggrieved, to ter-Seflions. appeal unto the Juftices of Peace in their General Quarter-Seffions which fhall happen to be held next after fuch Judgment given : Who or the greater Number of them are hereby authorized and impowered to give fuch Relief and make fuch Order therein, as fhall be agreeable to the Tenor of this Aft; (2J and fuch Judgment, Order or Determination, as by the faid Juftices fhall be made upon the faid Appeal, fhall be final' to all Intents and Purpofes whatfoever, if no Title to any Land, Royalty or Fifhery be therein con- cerned. _ _ _ - A Saving of all X. Provided always, and be it further enacted. That neither this Act nor any Thing therein contained Royalties and {hd.]] exten'd or be conftrued to extend to the taking away or abridging of any Royalty or Prerogative Royal Preroeatives to of hisMajefty, nor to abridge, change or alter any Part of the Foreft Laws of this Realm,, but all and' A dForeflLaw^ every fuch Lav/s, Rights, Powers, Royalties and Prerogatives P.oyal, fnall remain and be in as full and ' ample Force and Virtue, as the fame ought to have been in, if this Aft had not been made ; any Thing Farther Pro'vi- jjgj-gjfj before contained to the contrary notwithftanding. Jiofis relating to j t^ Came, 4 £5' 5 ?^. S? Af. c. 23. 5 -^ni- c. 14. , 9 Ann. c. 25. 3 Geo. I. <r. 11. 8 Geo. I. c. 19. lo Geo. 2. c. 32. and ^% Geo, 2. c, II. CAP. XXVI. (i8.) An Act to prevent the Planting of Tobacco in Erigland, and for Regulating the Plantation Trade. iiuftandry. ' T^JHEREAS the Sowing, Setting, Planting and Curing of Tobacco within divers Parts of the ' W Kingdom of Englnnd ioth contiaue and increafe, to the apparent Lofs of his Majefty's Cuftoms, ' and the Difcouragement of his Majefty's Plantations in America., and great Prejudice of the Trade and ' Navigation of this Realm, and the Vent of its Commodities thither, notwithftanding -an Aft of Parlia- ' ment made in the twelfth Year of his Majefty's Reign that now is, for the Prevention thereof, intituled izCsr. r,. c. 54. ' An Ati for prohivit'ing the Planting, Setting or Sov.'ing of Tobacco in England and Ireland; and alfo one j^Car.z. c. 7. ' Other Aft of this prcfent Parliament made in the fifteenth Year of his Majefty's Reign, intituled, An Ail ' J~cr the Encouragement of Trade : Juftices of the ' II- And foraimuch as the Remedies and Provifions by thofe Laws are found not large enough to obviate Peace are to ' and prevent the Planting thereof ;' (2) Be it therefore enafted by the King's moft Excellent Majefty, by tommjiid all g^jjj with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Par- t'onfik'e"'R^-' l'""!'^'"'^ aflembled, and by the Authority of the fame. That from and after the firft Day of May which fhall fiirn to them ^'^ '" ^hc Year of our Lord one thoufand fix hundred feventy and one, all Juftices of the Peace within their or'what Tobacco feveral Limits and Jurildiftions fhall and do, a Month before every General Qiiarter-Scflions to beholden is planted, and for their refpeftive Counties, iffue forth their Warrants to all High Conftables, Petty Conftables and upon whofe Tithingmen v'ithin their i'everal Limits, thereby requiring the faid High Conftables, Petty Conftables and ^" ■ Tithingmen and every of them to make diligent Search and Inquifition, what Tobacco is then fown, fer, . planted, growing, curing, cured or made, within their feveral and refpeftive Limits and Jurifdiftions, and by whom ; and to make a true and lawful Prefentment in Writing upon Oath, at the next General Qiiar- ter-Seffions to be holdcn for fuch Count3'-, of the Names of all fuch Perfons as have fown, kt, planted, cvned or made any Tobacco, and what the full Quantity of Land is or was fown, fet or planted therewith, and who are the immediate Tenant or Tenants, or prefent Occupiers of the Land fo fown, fet or planted, who are and fliall be deemed Planters thereof to all Intents and Purpofes. ■H'hichPrifent. HI. Which faid Prefentment upon Oath fliall be received and fikd by the Clerk of the Peace of the faid ment, being County in open Seffions, and after ilich Receipt and Filing fhall be a fufficient Con'iftion in Lav/ to all f.led, (liail be a Tntents and Purpofes, of all fuch Perfons as lliall be fo prefented for the fowing, fetting, planting, improv- fiiffici£nt Con- jj,g J.Q grow, making or curing Tobacco, either in Seed, Plant, Leaf or otherv/ife, contrary to the faid re- ■ cited Afts or either of them; unlefs fuch Perfon or Perfons fo prefented (having Notice given to him or Notice it iball them of fuch Prefentment made, by the Delivery of a Copy of fuch Prefentment to him or them, or by bs travci-fed. leaving a Copy of fuch Prefentment at his or their Dwelling-houfe or Houfes, or ufual Place of Abode, in thePrefence of one or more credible Witneffes, ten Days at the Icaft before the next Quarter-Seilions) fhall at the Quarter-SelTions next after fuch Notice fliall he given to him or them traverfe fuch Prefentment, and find fufficient Sureties for the profecuting and trying fuch Traverfe, at the Qi^iarter-Seffions to be holden for the faid County next after fuch Traverfe fliall be entred or made. IV. And