Fire arms. liberty or place, wherein such offence was committed; and the justices in or at the said next court of general sessions or general quarter 55 Geo. 3, c. 59. sessions, are hereby authorized and required to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable to be paid to either party; which decision shall Costs. be final; and if upon hearing the said appeal, the judgment of the jus- Final tices before whom the appellant shall have been convicted shall be confirmed, such appellant shall forthwith pay the forfeitures or penalty mentioned in such conviction, and the costs awarded to be paid by such appellant; and in default of payment thereof, such appellant shall imme- Imprisonment. diately be committed by the said court to the common gaol or house of correction of the county, riding, division, city, town, liberty or place, where any such offence may have been committed, there to remain for any time not exceeding six calendar months, unless such penalty and costs shall be sooner paid." Sect. 14. "If any person or persons shall feel himself or themselves Appeal. aggrieved by any of the acts, orders, or proceedings of the said trustees, guardians, and wardens, or either of them, in pursuance of this act, such person or persons may appeal to the justices of the peace at the next general quarter sessions of the peace, to be holden for the said county of Warwick, such appellant (if there be sufficient time after the cause of such Notice. complaint shall have arisen) first giving or causing to be given eight days' notice at least in writing of his or their intention of bringing such appeal, and of the matter thereof, to the clerk or treasurer of the said trustees, and within four days after such notice (if required), entering into re- Recognizance. cognizance before some justice of the peace for the said county, with two sufficient sureties, conditioned to try such appeal, and abide the order thereon, and to pay such costs as shall be awarded by the justices at such quarter sessions; and for want of sufficient time for giving such notice previous to the first quarter sessions after the cause of such complaint shall have happened, then such appeal, after such notice, and under such recognizance, may be made at the second general quarter sessions of the peace to be holden for the said county; and the justices Costs. at such first or second sessions shall hear and finally determine the cause and matter of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper; and the determination of such quarter sessions shall be Final judgment. final, binding, and conclusive to all intents and purposes; and the said Distress. justices at such sessions may also, by their order or warrant, levy such costs so awarded, by distress and sale of the goods and chattels of the person or persons who shall neglect or refuse to pay the same, and, for want of sufficient distress, commit such person or persons to the common Imprisonment. gaol or house of correction for the said county, there to remain for any time not exceeding three calendar months, or until payment of such costs." Sect. 15. "No action or suit shall be commenced against any person actions. or persons, for anything done in pursuance of this act, and the said re- Limitation of cited act, until after thirty days' notice in writing shall be thereof given to the guardians, trustees, and wardens of the gun-barrel proof-house Notice of. of the town of Birmingham, nominated and appointed by, or to be chosen and elected under and by virtue of the said recited act, or their solicitor for the time being, or to the master or warden of the company of gunmakers of the city of London for the time being, or after suffi- Tender of amends. cient satisfaction made or tendered, or after six calendar months next after the fact committed, for which such action or actions, suit or suits, shall be so brought, and all such actions or suits shall be laid and venue. tried in the county, city, or place, where the cause of action shall arise, and not elsewhere; and the defendant or defendants in such action or actions, suit or suits, and every of them, may plead the general issue, General issue. and give this act and the said recited act, and the special matter, in evidence, at any trial or trials which shall be had thereupon, and that the matter or thing for or on which such action or actions, suit or suits, shall Fire arms. 55 Geo. 3, c. 59. Costs. Proof-house accounts audited, 53 Gen. 3, c. 115, s. 4, in part repealed. Company of guardians &c. of gunbarrel proofhouse of Birming ham incorporated. Public act. be brought, was done in pursuance and by the authority of this act, and the said act; and if the said matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before thirty days' notice was given, as before directed, or that sufficient satisfaction made or tendered or paid into court as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county, city, or place than as aforesaid, then the jury shall find for the defendant or defendants therein; and if a verdict shall be found for such defendant or defendants, or if the plaintiff or plaintiffs in such action or actions, suit or suits, shall become nonsuited, or suffer a discontinuance of such action or actions, suit or suits, or if, upon a demurrer or demurrers in such action or actions, suit or suits, judgment shall be given for the defendant or defendants therein; then, and in either of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy and remedies for recovering the same, as any defendant or defendants may have for the recovery of his, her, or their costs in other cases by law." But by the recent statute 5 & 6 Vict. c. 97, s. 2, the defendant shall have only such costs taxed to him as will fully indemnify him. Sect. 16. "The accounts of the said proof-house [i. e. at Birmingham, sed query], and of all sums of money to be paid, laid out, and expended in the conduct and management thereof, and carrying on the same, and of all sums to be paid in respect of any interest or principal of any sums advanced and expended under the said recited act or this act, in the building, completing, and establishing the same, and of all sums to be received under the provisions of the said act and this act, shall once in each year be audited by some justice of the peace acting at Birmingham, or within seven miles thereof." Sect. 17. "So much and such parts of the said recited act as enacts that the lord lieutenants of the respective counties of Warwick, Worcester, and Stafford, and the persons serving in Parliament for the said counties respectively for the time being, and," other persons named, "and their successors, to be chosen in manner thereinafter directed, should be a body politic and corporate, and called or known by the name of 'The guardians, trustees, and wardens of the gun-barrel proof-house of the town of Birmingham,' for the purpose of proving, or causing to be proved, in the manner directed by the said recited act, all barrels for guns, fowling-pieces, blunderbusses, pistols, and every other description of fire-arms which should be brought to the proof-house at Birmingham, to be proved according to the provisions of the said recited act, shall be, and the same is hereby repealed; and that, from and after the passing of this act, the lord lieutenants of the respective counties of Warwick, Worcester, and Stafford, and the persons serving in Parliament for the said counties respectively, for the time being, and" other persons named, "the high and low bailiff for the town of Birmingham, for the time being, and all acting magistrates residing within seven miles of the town of Birmingham, and their successors, to be chosen in manner directed by the said recited act, shall be and they are hereby declared to be a body politic and corporate, and shall be called or known by the name of The guardians, trustees, and wardens of the gun-barrel proof-house, of the town of Birmingham, for the purpose of proving, or causing to be proved, in the manner directed by the said recited act, all barrels for guns, fowling-pieces, blunderbusses, pistols, and every other description of fire-arms, which shall be brought to the proof-house at Birmingham, to be proved according to the provisions of the said recited act." Sect. 18 declares the act to be a public one. 47 Fireworks. Fireworks. THE 9 & 10 Will. III. c. 7, s. 1, enacts, "that, from and after the fiveand-twentieth day of March, 1698, it shall not be lawful for any person or persons, of what age, sex, degree, or quality soever, to make or cause to be made, or to sell or utter, or offer or expose to sale, any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for the making any such squibs, serpents, rockets, or other fireworks, or for any person or persons to permit or suffer any squibs, serpents, rockets, or other fireworks to be cast, thrown, or fired from, out of, or in, his, her, or their house or houses, lodgings, or habitations, or from, out of, or in, any part or place thereto belonging or adjoining, into any public street, highway, road, or passage, or for any person or persons, of what degree, quality, or age soever, to throw, cast, or fire, or to be aiding or assisting in the throwing, casting, or firing of any squibs, serpents, rockets, or other fireworks, in or into any public street, house, shop, river, highway, road, or passage, and that every such offence shall be, and is hereby adjudged to be, a common nuisance." Sect. 2. If any person or persons, of what age, sex, degree, or quality, soever, from and after the said five-and-twentieth day of March, shall make or cause to be made, or shall sell, give, or utter, or offer or expose to sale, any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for the making of any such squibs, rockets, serpents, or other fireworks, that then every such person or persons so offending and being thereof convicted before one or more justice or justices of the peace of the county, limit, division, corporation, liberty, or chief magistrate of the place where such offence shall be committed, either by the confession of the party or parties so offending, or the oath of two witnesses, (which oath the said justice or justices of peace, or chief magistrate, is and are hereby empowered and required to administer), shall, for every such offence, forfeit the sum of 51.; and if any person or persons whatsoever from and after the said five-and-twentieth day of March, shall permit or suffer any squibs, serpents, rockets, or other fireworks to be cast, thrown, or fired from, out of, or in, his, her, or their house or houses, shops, dwelling, lodging, or habitation, or from, out of, or in any part thereof, or place thereto belonging or adjoining, into any public street, highway, road, or passage, or any other house or place whatsoever, that then every such person or persons so as aforesaid last offending, and being thereof as aforesaid convicted, shall, for every such offence, forfeit the sum of 208.: the said several forfeitures to be levied by distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal of the said justice or justices of the peace, or chief magistrate before whom such conviction or convictions shall be as aforesaid; the one half of the said forfeitures to be to the use of the poor of the parish where every such offence shall be committed, and the other half to the use of him or them who shall prosecute, and cause the offender or offenders to be as aforesaid convicted." Sect. 3. "If any person or persons, of what age, sex, degree, or quality soever, from and after the said five-and-twentieth day of March, shall throw, cast, or fire, or be aiding or assisting in the throwing, casting, or firing of any squibs, rockets, serpents, or other fireworks, in or into any public street, house, shop, river, highway, road, or passage, that then every person so offending, and being thereof as aforesaid convicted, shall, for every such offence, forfeit the sum of 20s. to the uses aforesaid; and if the person or persons so as aforesaid last offending, shall not immediately (upon his, her, or their being thereof as aforesaid convicted) pay to the said justice or justices of the peace, or chief magistrate before whom such conviction shall be as aforesaid made, the Fireworks. 9 & 10 Will. 3, c. 7. and kept to hard labour. Officers of ordnance &c. may order the making of fire works, &c. Artillery company of London & e said forfeiture or forfeitures, for the uses aforesaid, that then every such justice or justices of the peace, or chief magistrate, is and are hereby empowered and required, by warrant under his or their hands and seals, to commit every such person or persons, so as aforesaid last offending, to the house of correction within the county, division, limit, corporation, or liberty where such offence as is last mentioned shall be committed, there to remain, to be set and kept to hard labour, without bail or mainprize, for any time not exceeding one month, unless such offender as is last mentioned shall sooner pay such forfeiture or forfeitures to the said justice or justices of the peace, or chief magistrate." Sect. 4. "Provided always, and be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the master, lieutenant, or commissioners of his Majesty's ordnance for the time being, or any other person or persons to be by them or any of them authorized, to give orders and directions for the making any sorts of fireworks, to be used and fired according to such orders and directions as shall be from time to time given by the said master, lieutenant, or commissioners of his Majesty's ordnance, or any other person or persons to be by them for that purpose authorized; anything herein contained to the contrary thereof in any wise notwithstanding." Sect. 5. "Provided always, and be it enacted, that it shall and may be lawful to and for the artillery company of the city of London, or of fireworks in the any other artillery company or society of persons lawfully met together may use any sorts exercise of arms, &c. General issue. Treble costs. Civil liability of persons letting off fireworks for damage done. Letting off fireworks &c. near highways. for the use and exercise of arms, the trained bands, the militia of this kingdom respectively, to make and use any sorts of fireworks in the exercise and practice of arms and warlike exploits only, in such manner as they are or any of them might lawfully have done before the making of this act; anything herein contained to the contrary thereof in anywise notwithstanding." Sect. 6. "If any person be at any time sued for putting in execution this act, or any the powers therein contained, that then such person so sued shall and may plead the general issue of not guilty, and give the special matter in evidence; and if the plaintiff in such suit or action be nonsuit, or a verdict pass for the defendant, or if such plaintiff discontinue his action, or if upon a demurrer judgment be given for the defendant, every such defendant shall have his full treble costs, to be paid by such plaintiff, and the like execution for the same, as in any case where costs are given at law for the defendant." See now as to costs the 5 & 6 Vict. c. 97, s. 2, which gives the defendant only a full indemnity against them. Where a squib was wantonly thrown among the stands at a fair, and, being removed from off that on which it alighted, it occasioned the loss of the eye of a bystander, it was holden by De Grey, C. J., and Nares and Gould, JJ., against Blackstone, J. that all that was done subsequent to the original throwing was a continuation of the first force and first act, which continued till the squib was spent by bursting; and that trespass, not an action on the case, was the proper remedy. (Scott v. Shepherd, 2 Black. Rep. 892.) In the case of King v. Ford, (1 Stark. 421,) it was held that a schoolmaster, who permits an infant pupil under his care to make use of fireworks, is responsible in an action for the mischief which ensues. The 121st section of the 3 Geo. IV. c. 126, enacts, that if any person or persons shall make, or assist in making, any fire or fires commonly called bonfires, or shall set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework whatsoever, within eighty feet of the centre of such [turnpike] road, every person so offending shall, for each and every such offence, forfeit and pay any sum not exceeding 40s., over and above the damages occasioned thereby. See post, "Highways, Turnpike." The 5 & 6 Will. IV. c. 50, s. 72, contains a similar provision, prohibiting the letting off of fireworks within fifty feet of the centre of a carriage way or cart way. See "Highways in general," post. [Commencement as usual, as ante, "Conviction," Vol. I.]—that C. D., late of, &c., toyman, on, &c., at, &c., did sell to one R. F. [or, "expose to sale,"] certain fireworks, to wit, one hundred squibs, one hundred serpents, one hundred rockets, and one hundred other fireworks, against the form of the statule in such case made and provided; whereby, and by force of the statute in that case made and provided, for kis said offence, the said C. D. hath forfeited the sum of five pounds; wherefore, the said A. B. prayeth the judgment of me, the said justice, in the premises, and that he may have one moiety of the said forfeiture of five pounds. Exhibited, &c. [Commencement as usual, as ante, "Conviction," Vol. I.]—that C. D., Late ef, in the said county, labourer, on, &c., at, &c., in the public street and highway there did throw, cast, and fire certain fireworks, to wit, one hundred squibs, one hundred rockets, one hundred serpents, and one hundred other fire works, against the form of the statute in such case made and provided; whereby, and by force of the said statute, the said C. D. for his said offence hath forfeited the sum of twenty shillings. Wherefore, &c. [Conclude as in preceding form]. [Commencement as usual, as ante, “Conviction," Vol. I.]—that C. D., late of, &c., labourer, on, &c., at, &c., did permit and suffer certain fireworks, to wit, one hundred squibs, one hundred serpents, one hundred rockets, and one hundred other fireworks, to be cast, thrown, and fired out of and from the dwelling-house of the said C. D., there situate, in a certain public street there, called · · street, contrary to the form of the statute in such case made and provided; whereby, and by force of, &c. [Conclude as in the form, supra, (No. 1).] Fish and Fisheries. There are some acts relating to this subject, of which, being of less general concern, it is thought sufficient to refer to them only. viz.:An act for the preservation of fish in the river of Severn. (30 Car. II. c. 9). An act for the increase and better preservation of salmon and other fish in the rivers within the counties of Southampton and Wilts, (4 Ann. c. 21), in which some alterations are made by the 1 Geo. I. st. 2, c. 18. An act for the better preservation and improvement of the fishery within the river of Thames, and for regulating and governing the company of fishermen of the said river. (9 Ann. c. 26). An act for the more effectual preservation and improvement of the spawn and fry of fish in the river of Thames and waters of Medway, and for the better regulating the fishery thereof. (30 Geo. II. c. 21). An act for the better preservation of fish, and regulating the fisheries in the rivers Severn and Verniew. (18 Geo. III. c. 33). The salmon fisheries in the Severn, Dee, Wye, Teame, Were, Tees, Ribble, Mersey, Dun, Air, Ouze, Swaile, Calder, Wharf, Eure, Darwent, or Trent, are regulated by the 1 Geo. I. st. 2, c. 18, s. 14, &c. The salmon fisheries in the Humber, Donee, Derewent, Nid, Yore, Tine, and Eden, are regulated by the 13 Edw. I. st. 1, c. 47, and the 13 Rich. II. st. 1, c. 19, which confirm that of Edward. The salmon fisheries in the Teign, Dart, and Plym, are regulated by the 43 Geo. III. c. 61. The fisheries in the arm of the sea between the county of Cumber- Other acts. Those in the river Tweed, and the rivers and streams running into the same, are regulated by the 11 Geo. IV. & 1 Will. IV. c. lv, which VOL. III. E |