« EelmineJätka »
• before a justice or justices of the peace in such manner as in such law No.
contained, or to sue for ihe same by action of debt or on the case bill XXXIX. plaint or information in any of his Majesty's courts of record: And
2 Geo. III. • whereas a moiety or portion of the said pecuniary penalty is by several • Acts of Parliament directed to be applied to and for the use of the poor
c. 19. • of the parish wherein such offence shall be committed, by reason where• of inhabitants of the said parish have been disallowed to give evidence • touching such offences; and whereas suits by action of debt or on the • case bill plaint or information are often attended with great costs and • charges to the prosecutur, by means whereof the end or intentions of the • said Act have been in a great measure frustrated; For remedy whereof,' Be it enacted by the authority aforesaid, That from and after the passing Pecuniary of this Act it shall and may be lawful for any person whatsoever to sue Penalties under for and recover the whole of such penalty for his own use by action of the said Act debt or on the case bill plaint or 'information in any of his Majesty's may be sued for courts of record at Westminster, wherein no essoign wager of law or more to sole Use of than one imparlance shall be allowed; and wherein the plaintiff if he Prosecutor, &c. recovers shall hare his double costs; and that no part of the said penalty recovered in any such suit or action shall be paid or applied to or for the ose of the poor of the parish wherein such offence shall be committed; any law
or usage to the contrary notwithstanding. (2.) VI. Provided always and be it enacted, That no such action suit bill Prosecution plaint or information shall be brought or exhibited but within the space within Six of six months (3.) next after the matter or thing done, for which the same Months. shall be commenced or exhibited as aforesaid.
(2.) As to the manner of laying the Offence necessary to aver in the Declaration that the and right of Action to be against the Statute or Action was commenced within Six Months, and Statutes, see Lord Clanrickarde v. Stokes, 7 E. if alleged to be within Six Calendar Months it is 516; and see Lee v. Clarke, 2 East, 333. no objection : Lee v. Clarke, East, 333.
(3.) This means lunar months; but it is not
[ No. XL. ) 2 George III. c. 29. A.D. 1761.-An Act to
amend so much of an Act made in the First Year of the Reign of King James the First, intituled, “An Act for the better Execution of the Intent and Meaning of former Statutes made against Shooting in Guns, and for the Preservation of the Game of Pheasants and Partridges, and against the destroying of Hares with Harepipes, and tracing Hares in the Snow," as relates to the Preservation of House Doves and Pigeons, by making the Manner of convicting such Person or Persons
as shall offend tlierein more easy and expeditious. WHEREAS by an Act made in the first year of the reign of his 2 George III.
Majesty King James the First, intituled An Act for the better • Erecution of the Intent and Meaning of former Statutes made against i Jac. I. c. 27. • Shooting in Guns, and for the Preservation of the Game of Pheasants and • Partridges, and against the destroying of Hares with "Hare-pipes, and • tracing Hures in the Snow, it is amongst other things therein enacted, • That all and every person and persons who shall kill or destroy any • house-dove or pigeon and shall be thereof convicted by the confession • of the party or by the testimony of two sufficient witnesses upon oath • before two or more justices of the peace of the county city or town • corporate wherein the offence shall be committed or the parties appre• hen led, such justices shall commit every such offender so apprehended • to the common gaol of the said county city or town corporate where the • offence shall be committed or the party apprehendled, there to remain • for three months without bail or main prize, unless that the said offender • do or shall forthwith upon the said conviction pay or cause to be paid Vol. VII.
No. XL. to the church wardens of the said parish where the said offence shall be,
committed or the party apprehended, to the use of the poor of the said 2 Geo. III. parish the sum of twenty shillings for every house-tove or pigeon c. 29.
· which every such person or persons so offending and convicted as afore
said shall iske kill or willingly de-troy contrary to the true purport • and meaning of that Act; or after one month after his commitment, • together with two sufficient sureties become bound by recognisance in • the sum of twenty pounds a piece to the King's Majesty's use his heirs • and successors, with condition that he the said party so offending shall • not at any time thereafter shoot at kill take or destroy any house-dove
or pigeon by any such means as in the said Act are mentioned; which • said recognisance shall be taken by any two or more justices of the • peace of the said county city or town corporate where the offender shall be • so imprisoned as aforesaid and shall be returned to the then next quarter. • sessions, and there to remain of record as other recognisances taken for • the peace as by the said in part recited Act, relation for greater cer• tainly being thereunto had may more fully appear: And whereas the • method of convicting offenders against the above recited Act hath hitherto • been found in a great degree ineffectual to answer the good intentions
of the said Act; Therefore for more speedy convicting and puni-hing
persons who shall be guilty of the said mischievous practice of wiltully • killing or destroying house-doves or pigeons belonging to other persons,
may it please your Majesty that it may enacted,' and be it enacted by the Kiny's most excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Teniporal and Commons in this present PariaAny Person ment assembled, and by the authority of the same, That after the who shall wil- twenty-fourth day of June one thousand seven hundred and sixty-two if fully shoot at or any person or persons shall shoot at with an intent to kill or shall by any destroy any
means whatever kill or take with a wilful intent to destroy any houseHouse-doves or dove or pigeon and shall be thereof convicted by the confession of the Pigeons belong- party offending or the oath of one or more credible witness or witnesses ing to other Per- before one or more justice or justices of the peace of the county city sons shall for
town corporate division riding or place (which oath such justice or jusfeit on. Convic- tices are hereby authorised to administer) wherein any such offence or tion 20s. to the offences shall be committed, or the party or parties offending shall be Prosecutor, &c. apprehended, every person so offending and who shall be convicted as
aforesaid of any such offence shall for every such offence forfeit and pay the sum of twenty shillings to the person or persons who shall inform against and prosecute to conviction any such offender or offenders; and in case the nioney so forfeited shall not be forthwith paid on every such conviction, it shall and may be lawrul for such justice or justices to commit any such offendier or offenders who shall be so convicted as atoresaid to the common gaol of the county or the house of correction in the division or place where the party is convicted or apprehended, there to remain and be kept to hard labour for any time not exceeding three calendar months nor less than one calendar month as any such justice or justices
shall order, unless the money forfeited shall be suoner paid. Owners of II. Provided always and it is hereby also enacted, That nothing in Dove-çotes,
this Act contained shall be construed deemed or taken to hinder any &c, excepted.
owner of a dove-cote pigeon-house pigeon-chamber or any other place built up or erected or to be built up or erected for the preservation or breeding of pigeons, from taking killing or destroying by himself or any other person by him appointed or authorised for that purpose, all or any house-doves or pigeons which shall at any time he taken in the proper dove-cule pigeon-huuse pigeon-chamber or any other place as aforesaid, for the pre-ervation or breeding of pigeons of any owner of such doveCote pigeon-house pigeon-chamber or other place.
Ill. Provided further and it is hereby also enacted, That no person who shall be convicted of any offence against this Act shall be liable to be convicted for any such offence under any former or viher Act; and that no person shall be prosecuted for any oftence against this Act unless the prosecution for the same shall be commenced and carried on with effect within the space of two calendar months alter every such offence
shall be committed ; and that where any person shall suffer imprisonment for default of payment of any penaliy imposed under this Act such person shall not be liable afterwards to pay such penalty.
No. XL: 2 Geo. III.
[ No. XLI. ] 5 George III. c. 14. A.D. 1765.-An Act
P. for the more effectual Preservation of Fish in Fish-ponds and other Waters; and Conies in Warrens; and for preventing the Damage done to Sea Banks within the
County of Lincoln, by the breeding Conies therein. VI.. AND, whereas there are many thousand acres of land in this 5 George III.
kingdom altogether unfit for cultivation, and yet the same are capable of rendering great profit by the breeding and maintaining
conies, as well to the owners of such lands as to a multitude of indus• trious manufacturers who gain their livelihood by working up coney • wool: And whereas a great part of the said land is alreaily used as warrens in the breeding and maintaining Conies, but because divers (lis
orderly persons neglecting their own lawful trades have betaken thein• selves to the taking killing and stealing of Conies in the night-time * whereby the owners and occupiers of such warrens are greatly dis• couraged, and many such owners and occupiers have been induced to • destroy such warrens and others have been deterred from stocking • other lands to the great prejuslice of the manufactures of this kingdom:
And whereas the provisions already subsisting, have by experience been found insufficient for the effectual preservation of Conies in Warrens :' For remedy thereof be it further enacted, That if any person or persons Persons conshall, from and after the first day of June one thousand seven hundred victed of enterand sixty-five, wilfully and wrougfully in the night-time enter into any ing Warrens in warren or grounds lawfully used or kept for the breeding or keeping of the Night-time, conies although the same be not inclosed, and shall then and there wil- and taking or fully and wrongfully take or kill in the night-time any coney or conies, killing Conies against the will of the owner or occupier thereof, or shall be aiding and there, may be assisting therein, and shall be convicted of the same before any of his punished by. Majesty's justices of oyar and terminer or general gaul delivery for the Transportation, county where such offence or offences shall be committed; every such &c. person or persons so oftending and being thereof lawfully convicted in manner aforesaid shall and may be transported for the space of seven years, or suffer such other lesser punishment by whipping fine or imprisonnient as the court before whom such person or persons shall be tried shall in their discretion award and direct.
[ No. XLII.) 13 George III. c. 55. A. D. 1773.-An Act
to explain and amend the several Laws now in being,
or Hill Game. WHEREAS the laws now in being relative to the preservation of 13 George III.
the Moor or Will Game have been found very insufficient to c.55. answer the purpose for which they were intended : And whereas some further regulations are become absolutely necessary to prevent the total
destruction of that species of Game: May it please your Majesty that it may be enacted ; and be it enacted by the King's must excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of No Person to June one thousand seven hundred and seventy-three no person or per- kill black Game sons shall upon any pretence whatsoever wiltully take kili destroy carry between, &e. sell buy or have in his her or their possession or use any heath towl commonly called Black Game, between the tenth day of December and wentieth day of August in any year; nor any grouse commonly called Red
No. XLII. Game, between the tenth day of December and the twelfth day of August 13 Geo. III. first day of September in any year.
in any year ; nor any bustard between the first day of March and the
II. And be it further enacted by the authority aforesaid, That from
and after the said twenty-fourth day of June if any person or persons Penalty shall in any of the cases aforesaid offend contrary to the true intent and
meaning of this Act, every such person shall upon due conviction for the first offence forfeit and pay any sum or sums of money not exceeding twenty pounds nor less than ten pounds; and for the second and every subsequent offence any sum or sums of money not exceeding thirty pounds nor less than twenty pounds; to be levied and recovered in man.
ner as herein is after mentioned. Forfeitures and III. And be it further enacted, That all such forfeitures and penalties Penalties. so to be incurred as aforesaid shall and may be recovered by action of
debt bill plaint or information in any of his Majesty's courts of record at Westminster or great sessions in Wales, wherein no essoign protection nor wager of law nor more than one imparlance shall be allowed : Provided such action be brought within six calendar months after the matter or
thing done for which the same shall be commenced or exhibited. Information. IŬ. And be it further enacted, That it shall and may be lawful for any
person whatsoever (except the person liable to pay any such forfeitures or penalties) to proceed to recover any of the aforesaid forfeitures and penalties by information and conviction before any justice or justices of the peace of any county city corporation division riding precinct or liberty wherein the offence shall happen; and such justice or justices are hereby authorised and empowered upon due proof made upon oath by one or more credible witness or witnesses, or by the confession of the party accused, to cause the said forfeiture to be forthwith paid; and in case of neglect or refusal to levy the same by distress and sale of the offender's goods and chattels by warrant under his or their hand and seal or hands and seals together with all costs and charges attending the same, returning the overplus if any to the owner; and every such forfeiture when paid or recovered shall be applied one moiety to the informer and the other moiety to the poor of the parish where such offence shall have been committed; and it shall and niay be lawful for such justice or justices to order such offender to be detained in safe custody until return may be conveniently had and made to such warrant of distress, unless the party so convicted shall give sufficient security to the satisfaction of such justice or justices for his appearance before him or them on the day appointed for the return of the warrant of distress, such day not exceeding five days from the time of taking such security; which security the said justice or justices is and are hereby empowered to take by way of recognisance or otherwise: And in case no sufficient distress can be had, such justice or justices shall commit such offender to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding six nor less than three calendar months, unless the money forfeited and all costs and charges attending the prosecution shall be sooner paid and discharged.
V. Provided always and be it further enacted, That no offender against the provisions of this Act shall be prosecuted for the same offence both by action of law and by information before a justice of the peace ; but in case of any second prosecution the person so doubly prosecuted may plead in his defence the former prosecution pending or the conviction or judg
ment thereupon had. Conviction, VI." And for the more easy conviction of offenders against this Act,'
Be it further enacted, That the form of the conviction shall be drawn up
in the year of our Lord
one or more of his Majesty's Justices of the « Peace [as the case may be] for the county of
and due proof having been made upon oath No. XLII. " by one or more credible witness or witnesses, or by confession of the
party (as the case may be), is convicted of [specifying the offence, with the 13 Geo. III. • time and place where the same was committed, and also specifying, if • known, thut it is the first second or any subsequent offence against this Aci, • as the case shall be.]
• Given under my hand and seal, [or, our hands and seals,] the day
and year aforesaid.' Which conviction the said justice or justices shall cause to be wrote fairly upon parchment and returned to the next general quarter sessions of the peace for the county where such conviction was made, to be filed by the clerk of the peace and remain and be kept among the records of the county riding division or place.
VII. Provided always and be it further enacted, That it shall and may be lawful for any clerk of the peace for any county riding or place, and he is hereby required upon application made to him by any person or persons for that purpose, to cause a copy or copies of any conviction or convictions filed by him under the directions of this Act to be forthwith delivered to such person or persons upon payment of one shilling for every such copy.
VIII. And be it further enacted, That it shall and may be lawful for Justices ma any such justice or justices of the peace as aforesaid to administer an oath administer an to any witness or witnesses or other person or persons for the better dis. Oath. covery and execution of the several matters and things herein-before direcied to be examined into or performed by such justice or justices respectively.
ix. Provided always and be it further enacted, That no person shall be proceeded against for any of the offences aforesaid by information befure a justice of the peace, unless such information shall be made upon oath before some justice of the peace for the county or place wherein such offence shall be committed within three calendar months after such offence shall have been committed.
X. And be it further enacted by the authority aforesaid, That if any Appeal. person shall think himself or herself aggrieved by any thing done in pursuance of this Act by any justice or justices of the peace as aforesaid, cvery such person may appeal to the justices of ihe peace at any general quarter sessions of the peace tɔ be held for the county riding city corporation precinct or liberty wherein the cause of such coniplaint shall arise and within four calendar months after the cause of such complaint shall have arisen, such appellant giving or causing to be given fourteen days notice at the least in writing of his or her intention to bring such appeal and of the matter thereof to the justice; and every other person or persons against whom such complaint shall be made and within four days after such nulice entering into a recognisance before some justice of the peace for the said county riding division city corporation precinct or liberty with one sufficient surety conditioned to try such appeal at and abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions; and every such justice and other person having received notice of such appeal shall return all procceedings had before them touching the matter of such appeal to the said justices at such quarter sessions, on pain of forfeiting five pounds for every such neglect; and the said justices upon due proof of the notice given and of the entering into such recognisance as aforesaid shall hear and finally determine the causes and inatters of such appeal in a summiary way, and award such costs to the parties appealing or appealed against as they shall think proper; to be levied and recovered as herein-before directed for the recovery of forfeitures and penalties under this Act; and the determination of such quarter sessions shall be final and conclusive to all intents and purposes; and no proceedings to be had or taken in pursuance of this Act shall be quashed or vacated for want of form or removed by certiorari or any other writ or process whatsoever, except as herein-before mentioned, into any of his Majesty's courts of record at Westminster, any law or statute to the contrary notwithstanding.