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in the year

No. I. paid; and such justices shall also order the said offender to be publickly

whipped within three days after such commitment, in the town wherein 10 Geo. III. such gaol or house of correction shall be, between the hours of twelve c. 18.

and one of the clock.

II. And be it further enacted by the authority aforesaid, That it shall Justices to

and may be lawful to and for any one or more of his Majesty's justices grant Warrants, of the peace in or for any county riding division or place, upon informa&c.

tion to him or them made for that purpose, to grant a warrant or warrants to search for any dog or dogs stolen as aforesaid, and in case any such dog or dogs or the skin or skins of such dog or dogs shall upon such search be found, to take and restore every such dog or dogs or such skin or skins to the owner thereof; and the person or persons in whose custody or possession any such dog or dogs skin or skins shall be so found (in case it shall appear that such person was privy to such dog or dogs having been stolen as aforesaid, or that such skin or skins was the skin or skins of any dog or dogs stolen as aforesaid) shall respectively be subject and liable to the like penalties and punishments as persons convicted of stealing any dog or dogs are herein-before made subject and

liable to. Justices may III. And for the more easy and speedy conviction of offenders against cause to be this Act be it further enacted, That all justices of the peace before whom drawn up the 'any person or persons shall be convicted of any offence against this Act following

shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case

shall happen ; videlicet, Form of Con- ; BE it Remembered, That on the day of viction, of our Lord

A. B. is convicted before us, of his Majesty's Justices of the Peace for the county of

(specifying the Offence and the Time and Place when and s where the same was committed, as the case shall be.)

• Given under our hands and seals the Day and Year aforesaid.' Appeal,

IV. Provided always, and be it further enacted, That if any person shall think himself or herself aggrieved by any thing done in pursuance of this Act, such person may appeal to the justices of the peace at the next general quarter sessions of the peace to be held for the county or place wherein the cause of complaint shall arise, and within four days after the cause of such complaint shall have arisen; such appellant giving or causing to be given fourteen days notice at least in writing of his or her intention to bring such appeal and of the matter thereof io the persons whose acts are complained against; and within two days after such notice entering into a recognizance before some justice of the peace for such county or place, with two sufficient sureties conditioned to try such appeal and abide the order of and to pay such costs as shall be awarded by the justices at such quarter session : And the said justices at such session

upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall bear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealerl against as they the said justices shall think proper; and the determination of such quarter sessions shall be final binding and conclusive to all intents and purposes; and no order f:ade concerning any of the matters aforesaid or any other proceedings to be had touching the conviction or convictions of any offender against this Act, shall be quashed for want of form or be removed by certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster.

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PART VI.

CLASS XIV.

Examination.* [ No. I. ] 1 and 2 Philip and Mary, c. 13.-An Act

touching Bailment of Persons.

[At length in Vol. VI.]

(No. II. ] 2 and 3 Philip and Mary, c. 10.-An Act to

take Examination of Prisoners suspected of any Man-
slaughter or Felony.

[At length in Vol. VI.]
The following Statutes are inserted in Part V. title Criminal Proceedings.

PAR T VI.

CLASS XV.

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Fireworks. [ No. 1. ] 9 and 10 William III. c. 7:- An Act to pre

vent the throwing or firing of Squibbs, Serpents, and

other Fireworks. WHEREAS much mischief hath lately happened by throwing casting 9&10

Will. III. and firing of squibbs serpents rockets and other fireworks, some C. 7. persons having thereby lost their lives others their eyes others have had their lives in great danger and several other damages have been sus

tained by many persons, and much more may thereby happen if not speedily prevented:' For remedy whereof for the future, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Par

No Person liament assembled, and by the authority of the same, That from and

whatsoever after the five-and-twentieth day of March one thousand six hundred and shall make, ninety-eight, it shall not be lawful for any person or persons, of what age sell, &c. sex degree or quality soever, to make or cause to be made or to sell or utter Squibbs, Rock, or offer or expose to sale any squibbs rockets serpents or other fireworks, ets, Serpents, or any cases moulds or other implements for the making any such squibbs &c. or Cases, serpents rockets or other fireworks, or for any person or persons to permit Moulds, &c. of suffer any squibbs serpents rockets or other fireworks to be cast thrown for making, or fired from out of or in his her or their house

or houses lodgings or habi- such Squibbs.

No. I. tations, or from out of or in any part or place thereto belonging or ad9 & 10

joining 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 Will. III,

to be aiding or assisting in the throwing casting or firing of any squibbs c. 7. 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. Penalty on

II. And be it further enacted by the authority aforesaid, That if any Persons throw. person or persons, of what age sex degree or quality soever, from and after ing or firing the said five-and-twentieth day of Murch shall make or cause to be made Squibbs, &c. or shall sell give or utter or offer or expose to sale any squibbs rockets

serpents or other fireworks, or any cases moulds or other implements for the making of any such squibbs 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 or 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 five or suffering

pounds : And if any person or persons whatsoever from and after the said them, &c. to five-and-twentieth day of March shall permit or suffer any squibbs serbe thrown or pents rockets or other fireworks to be cast thrown or fired from out of fired from their or in his her or their house or houses shops dwelling lodging or habitaHouses. tation 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 twenty shillings; the said several Forfeitures how forfeitures to be levied by distress and sale of the goods and chattels of to be levied and every such offender by warrant under the hand and seal of the said jusapplied. tice or justices of the peace or chief magistrate before whom such con

viction or convictions shall be as aforesaid made; the one half of thc said forfeitures to be to the use of the poor of the parish where every such offence shall be cominitted and the other half to the use of him or them who shall prosecute and cause such offender or offenders to be as aforesaid convicted.

III. And be it further enacted by the authority aforesaid, That 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 squibbs rockets serpents or other fireworks in or into any publick 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 Offender noc of twenty shillings to the uses aforesaid; and if the person or persons so paying Forfeit

. as aforesaid last offending shall not immediately (upon his her or their ure to be com- being thereof as aforesaid convicted) pay to the said justice or justices of mitted to the of the peace or chief magistrate before whom such conviction shall be as House of Cor. aforesaid made the said forfeiture or forfeitures for the uses aforesaid, rection, &c. 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. Officers of the

IV.

Provided always, and be it further enacted by the authority aforeOrdnance, &c. said, That it shall and may be lawful to and for the master lieutenant or may order the commissioners of his Majesty's ordnance for the time being or any other making of Fireworks, &c.

person or persons to be by them or any of them authorised to give orders and directions for the making any sort of fireworks to be used and fired according to such orders and directions as shall be from time to time No. 1. given by the said master lieutenant for commissioners of his Majesty's

9 & 10 ordnance or any other person or persons to be by them for that purpose authorised ; any thing herein contained to the contrary thereof in any

Will. III. wise notwithstanding.

c. 7. V. 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 any other

Artillery Comartillery company or society of persons lawfully met together for the use

pany of London, and exercise of arms, the Trained Bands, the Militia of this kingdom re, &c. may use any spectively, to make and use any sorts of fireworks in the exercise and Sorts of Fire practice of arms and warlike exploits only, in such manner as they or works in the any of them might lawfully have done before the making of this Act; Exercise of any thing herein contained to the contrary thereof in any wise notwith- Arms, &c. standing

VI. And be it further enacted by the authority aforesaid, That 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 General Issue, 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 à demurrer judgment be given for the defendant, every such defendant Treble Costs. shall have his full treble cos 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,

PART VI.

CLASS XVI.

Fish.*

In making the following Collection of the Statutes relating to this Title, I
have availed myself of the assistance of Mr. Chiuy's Appendix to his Treatise on the
Game Laws, and on Fisheries; and have interlined all sạch Statutes connected
with the Plan of the Work as relate to the subject, although they may not fall im-
mediately within the object of this part of it, as relating to the Office of a Justice of
Peace. Some of the more ancient Statutes may have become obsolete in practice,
and inapplicable to the existing state of the law; but as the space which they oc..
cupy is very inconsiderable, I have thought it more eligible that they should be in-
-serted. The Titles only are noticed of such as are of a local nature, and which re-
late to the Regulation of the Fishery as a Branch of Commerce; and no mention is
made of those which relate to the Herring or Greenland Fisheries.
[ No. I. ]-Magna Charta.–9 Henry III. Stat. 1. c. 23.

In what Places Wears shall be put down.
ALL wears from henceforth shall be utterly put down by Thames and

Medway, and through all England except by the sea-coast.-(Confirmed and amended by 12 Edw. 4.c.7.-See 2 Inst. 38.—10 Co. 138.13 Co. 35). (1.)

(1.) See Weld v. Hornby, 7 East. 195.

9 Henry III.

C. 23.

[ No. II. ] Stat. Westm. 2. c. 47. Anno 13 Edward I.

stat. 1. c. 47.. 13 Edward I. 1T is provided that the waters of Humber Owse Trent Done Aire Dere

st. 1. c. 47. went Wherfe Nidd Yore Swale Tese Tine Eden and all other waters The Penalty of (wherein salmons be taken) within the kingdom, shall be in defence for taking Salmons taking salmons from the Nativity of Our Lady unto St. Martin's Day. And at certain Times that likewise young salmons shall not be taken nor destroyed by nets nor of the Year. by other engines at millpools, from the midst of April unto the Nativity

of St. John Baptist. And in places where such rivers be there shall be assigned overseers of this statute, which being sworn shall oftentimes see and inquire of the offenders : and for the first trespass they shall be punished by burning of their nets and engines : and for the second time ihey shall have imprisonment for a quarter of a year : and for the third trespass they shall be imprisoned a whole year; and as their trespass increaseth so shall the punishment. (Confirmed by 13 R. 2. st. 1. c. 19. 17 R. 2. c. 9. St. 25 81. 8. c. 7. and see 2. Inst. 477.)

[ No. III. ] Prerogativa Regis, made Anno 17 Edw. II. 17 Edward II. st. 1. c. 11.

st. 1. and A. D. 1324.—Cap. 11. His Prerogative in 5 Co. 106, 108.

having the Wreck of the Sea, Whales and Sturgeons. 1 H. 7. f. 23. ALSO the King shall have wreck of the sea throughout the realm, 11 H. 4. f. 16.

whales and great sturgeons taken in the sea or elsewhere within the 9 H. 7. f. 20. realm, except in certain places privileged by the King. 35 H. 6. f, 27.

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