Page:Ruffhead - The Statutes at Large - vol 4.djvu/288

236 C. 14. Anno quinto Ann^ Reginae. A. D. 1706. Encoiiragempnt to Defiroyeis of the Gam!-, to make D:!c3ve- of the Peace before whom fuch Offender or Offenders ftiall be convi£ted, rendring the Overplus (if any be) the Charge of diftraining being firft deduced; and for want of Diftrefs, the Offender or Offenders be committed to the Houfe of Correction for the firft Offence, for the Space of three Months, without Bail or Mainprize, and for every fuch other Offence, for the Space of four Months ; provided, that fuch Convidtion be made within three Months after fuch Offence committed; and that if any Certiorari (hall be allowed to remove any Convtftion made, or other Proceedings of or concerning any Matter or Thing in this A£l, into any of the Courts at TVeJiminfter, upon any Pretence whatfoever, unlefs the Party or Parties, againft whom fuch Conviction fliall be made, fhal!, before the Allowance of fuch Certiorari^ become bound to the Perfon or Perfons profccuting the fame, in the Sum of fifty Pounds, with fuch iuf- hcient S'ccurities as the Juftice or Juftices of the Peace, before whom fuch Offender fhajl be convicted, ihall think ht, with Condition to pay unto the Profecutors, within fourteen Days after fuch Conviction or Procedendo granted, their full Cofts and Charges, to be afcertained upon their Oaths ; and that in De- •fault thereof, it fhall be lawful for the faid Juftice or Juftices, or others, to proceed for the due Execution of fuch Conviction, in fuch Manner as if noffuch Cei'tiorari had been awarded. III. And for the better Difcovery of fuch Higlar, Chapman, Carrier, Inn-keeper, Alehoufe-keeper, and Victualler, as fhall offer to buy or fell any Hare, Pheafant, Partridge, Moor, Heath-game, or Groufe ; be it further enacted by the Authority aforefaid. That from and after the faid lirft Day of May, any Per- son that fhall dcftroy, iell, or buy any Hare, Pheafant, Moor, Heath-game, or Groufe, and fhall within three Months make Difcovery of any Higlar, -Chapman, Carrier, Inn-lceeper, Alehoufe-keeper, or Vic- tualler, that hath bought or fold, or offered to buy or fell, or had in their Poffeflion any .Hare, Pheafant, Partridge, Moar, Heath-game, or Groufe, fo as^ any one fhall be convicted of fuch Offence, in Manner as aforefaid, fuch difcoverer to be difcharged of the Pains and Penalties hereby enaCted for killing or fel- ling fuch Game as aforefaid, fhall receive the fame Benefit or Advantage as any other Informer ihall be eniicled to, by virtue of this A£t, for fuch Difcovery and Information. IV. And be it enacted by the Authority atbrcfaid. That if any Perfon or Perfons, not qualified by the Laws of this Realm fo to do, fhall keep or ufe any Grey Hounds, Setting Dogs, Hayes, Lurchers, Tun- nells, or any other Engines to kill and deflroy the Game, and (hall be thereof conviCted upon the Oath Game, to'foi feit of one or two Credible Witneffes, by the Juftice or Juftices of the Peace where fuch Offence is committed 5I. to be levied as aforefaid, the Perfon or Perfons fo convifted, fhall forfeit the Sum of five Pounds; one Half to be s"l'^'&'^^^ ^'"* , paid to the Informer, and the other Half to the Poor of the Parifh where the fame was committed ; the ■' ^' ■ fame to be levied by Diftrels and Sale of the Offenders Goods, by Warrant under the Hand and Seal of Juftices, or Lords fuch Juftice Or Juftices, before whom fuch Perfon or Perfons fhall be coiwiCled as aforefaid; and for cf Manors, &c. want of fuch Diftrefs, the Offender or Offenders fhall be fent to the Houfe of Correction for the Space j' of three Months for the firft Offence, and for every fuch other Offence, four Months ; and that it fhall , and may be lawful to and for any of her Majefty's Juftices of the Peace, in their refpeCtive Counties, Ridings, Cities, Towns Corporate, or Liberty, and the Lords and Ladies of his, her, their, or any of- t-tir refpedtive Manors, within the iaid Manors, to take away any fuch Hare, Pheafant, Partridge, Moor, Heath-game, or Groufe, or any other Game, from any fuch Higlar, Chapman, Inn-keeper, Vic- Dogs, Nets, &c. tualler, or Carrier, or any other Perfon or Perfons not qualihed to kill the fame, and fhall be found in N ftail'be'" '"^'^^ Cuftody or PoiFeffion ; and iikewife to take away fuch Dogs, Nets, or other Engines, which fhall. made Game- ^e in the Power or Cuftody of any Perfon or Perfons not qualified by the Laws to keep the fame, to their keepers hut Per- Own proper Ufe, without being accountable to any Perfon or Perfons for the fame; and that it fhall and. ftins qualified or may 'be lawful for any Lord or Lady of his or her refpedtive Lordfhip or Manor, by writing under his. the Lords Sei- pj. ^^.^ Hand and Seal, to impower his or her Game-keeper or Game-keepers, upon his or her own Lord- Penalty on ^'P °- Manor as aforefaid, to kill Hare, Pheafant, Partridge, or any other Game whatfoever ; but if theJ Gamekeeper, faid Game-keeper fhall, under Colour or Pretence of the faid Power and Authority to kill or take the killing the fame for the Ufe of fiich Lord or Lady, and afterwards fell and difpofe thereof to any Perfon or Perfons Game, aKd'fel- whatfoever, without the Confent or'Knowledge of the Lord or Lady of fuch Manor or Manors that hath ling It wiihout giyen fm;}j Po,^er or Authority, in Manner as aforefaid, and fhall be thereof convidled upon the Com-_ plaint of fuch Lord or Lady of any Manor, and upon the Oath of one or more credible Witneffes, be- fore any one or more of her Majefty's Juftices of the Peace as aforefaid, upon fuch Convidlion fuch ■ Game-keeper fhall be committed to the Houfe of Corrediion for the Space of three Months, and there to be kept to hard Labour. And this Adt fhall remain and be in force for the Space of three Years, from the fii'ft Day of May one thoufand feven hundred and feven, and from thence to the End of the next Sefr fions of Parliament, and no longer, ' V. And whereas the burning of Heath, Ling and Brakes or Fern upon the Foreft of Sherwood in the ' County of Nottingham, and in the Parts thereunto adjacent, as it is frequently ufed by divers diforderly ' and diffolute Perfons, doth not only deftroy the Breed of Game, but hath alfo very frequently been the Occafion of burning, damaging, and deftroying, of great Quantities of Wood, Timber, and Fences Perrons not qua- Jified to keep Greyhounds, &c. and deftroy the may take away any Hare, &c. from Higlar, ov Perfon not qualified : And alfo their Confent of Lord ftf Manor, &c. This Aft made perpetual by <) Annae, c 15. as altered by ■that Afl-. ■Burn V. 1. 458. within the faid Foreft, and Places tliereunto adjacent, to the tlo Heath, Ling, ' thereof;' Be it further enadted by the Authority aforefaid, Th orBrakes to be q-jn^g after the faid firif Day of ykff;>', fet fire toanyLing, Heath, or Brakes growing upon any Part of the great Damage and Prejudice of the Owners fhat if any Perfon or Perfons fhall, at any burnt in Foreft of Sherwood, with- out Licence of Owner, on Penalty. None to buy Tern Afhes oa Peaalc;. laid Foreft, or on any other Waff'e, Common, or Land within the faid County of Nottingham, oT fliall cut any Ling, Heatb, or Brakes, in order to be burnt to Afhes upon the Ground, or Ihall burn the' fame to Afhes upon the Ground, in any Part of the faid Foreft, or in any Waite, Common, or Land, ■lying v.iithin the faid County, without Licence from the Owner of the Soil where fuch Offence fliall be committed, ihall forfeit to the Owner of the Soil where fuch Offence fliall be committed, ten Shillings^ and -all the Afhes which, fhall be fo burnt; and every Perfon and Perfons who fhall buy Fern Afhes x 3 - any