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pale, or other fence, wherein any deer have been or shall be usually kept, or in any warren or place where hares or conies have been or shall be usually kept, or in any high road, open heath, common or down, or shall unlawfully and wilfully hunt, wound, kill, destroy, or steal any red or fallow deer, or unlawfully rob any warren or place where conies or hares are usually kept, or (hall unlawfully steal or take away any fish out of any river or pond; or if any person or persons, from and after the said first day of June shall unlawfully and wilfully hunt, wound, kill, destroy or steal any red or fallow deer, fed or kept in any places in any of his Majesty's forests or chases, which are or (hall be inclosed with pales, rails, or other fences, or in any park, paddock, or grounds inclosed, where deer have been or shall be usually kept; or shall unlawfully and maliciously break down the head or mound of any fisli-pond, whereby the fish shall be lost or destroyed; or mall unlawfully and maliciously kill, maim or wound any cattle, or cut down or otherwise destroy any trees planted in any avenue, or growing in any garden, orchard or plantation, for ornament, shelter or profit \ or shall set fire to any house, barn or out-house, or to any hovel, cock, mow, or stack of corn, straw, hay or wood; or shall wilfully and maliciously slioot at any person in any dwelling-house, or other place; or shall knowingly send any letter, without any name subscribed thereto, or signed with a fictitious name, de- gen(J. » manding money, venison, or other valuable thing; or shall withoufa* forcibly rescue any person being lawfully in custody of any ofH- name, &c. and cer or other person, for any of the offences before mentioned ; demanding or if any person or persons shall, by gift or promise of money, TM°ncY> &cor other reward, procure any of his Majesty's subjects to join e °ny* him or them in any such unlawful act; every person so offending, being thereof lawfully convicted, mall be adjudged guilty of felony, and shall suffer death as in cafes of felony, without benefit of clergy.

II. And whereas notwithstanding the laws now in force against the illegal practices above ?nentiouedi and his Majesty's royal proclamation of the second day of February which was in the year of our Lord one thousand seven hundred and twenty-tivo^ notifying the fame* many wicked and evil-dispojed persons have, in open defiance thereof been guilty of several of the offences before mc?itio?iedy to the great disturbance of the publick peace^ and damage of divers of his Adajests s good stubs fis; It is hereby enacted by the authority aforesaid, That all and every person and persons, who since the second day of February in the year of our Lord one thousand seven hundred and twenty-two, have committed or been guilty of any os the offences aforesaid, who fihall not surrender him, Sucn persons her or themselves, before the twenty-fourth day of July in the ^derth"1"" year of our Lord one thousand seven hundred and twenty-three, selves ^tze^ to any of the justices of his Majesty's court of kings bench, or to * any one of his Majesty's justices of the peace, in and for the county where he, (he or they did commit such offence or offences, and Voluntarily make a full confession thereof to such justice, and a true

discovery

discovery upon his, her or their oath or oaths, of the persons who were his, her or their accomplices in any of the said of; fences, by giving a true account of their names, occupations and places of abode, and to the best of his, her or their knowledge or belief, discover where they may be found, in order to be brought to justice, being thereof lawfully convicted, mall be adjudged guilty of felony, and shall suffer death as in cafes of felony, without benefit of clergy.

III. Provided nevertheless, That all and every person and persons, who have been guilty of any the offences aforesaid, and shall not be in lawful custody for such offence on the said first day of June and (hall surrender him, her or themselves, on or before the said twenty-fourth day of July as aforesaid, and shall make such confession and discovery as aforesaid, shall by virtue of this act be pardoned, acquitted and discharged of and from the offences so by him, her or them confessed as aforesaid; any

Who mtitled thine herein contained to the contrary in any wise notwithstandto a pardon, j J J

IV". And for the more easy and speedy bringing the offenders against this act to justice, be it further enacted by the authority aforesaid, That if any person or persons shall be charged with being guilty of any of the offences aforesaid, before any two or more of his Majesty's justices of the peace of the county where such offence or offences were or shall be committed, by information of one or more credible person or persons upon oath by him or them to be subscribed, such justices before whom such information (hall be made as aforesaid, mail forthwith certify under their hands and seals, and return such information to one of the principal secretaries of state of his Majesty, his heirs or successors, who is hereby required to lay the fame, as Justices to re- soon as conveniently may be, before his Majesty, his heirs or turn informa- successors, in his or their privy council; whereupon it shall and tions to fe- may be lawful for his Majesty, his heirs or successors, to make cretary of ^$ or tjiejr or(jer ;n his or their said privy council, thereby reate' quiring and commanding such offender or offenders to surrend

who is to lay er ^im or themselves, within the space of forty days, to any for/tihe Kin °^ ms Majesty's justices of the court of king's bench, or to any and councils one of his Majesty's justices of the peace, to the end that he whomay make or they may be forth coming, to answer the offence or offences an order for wherewith he or they shall so stand charged, according to the their surrend- ^ course of law j which order shall be printed and published cr* in the next London Gazette, and shall be forthwith transmitted to

the sheriff of the county where the offence shall be committed, and /hall, within fix days after the receipt thereof be proclaimed by him, or his officers, between the hours of ten in the morning, and two in the afternoon, in the market-places upon the respective market-days, of two market-towns in the fame county, near the place where such offence shall have been committed; and a true copy of such order shall be affixed upon 'some publick place in such market-towns; and in pase such of, r fender

fender or offenders shall not surrender him or themselves, pur-
suant to such order of his Majesty, his heirs or successors, to be
made in council as aforesaid, he or they so neglecting or refusing Persons not
to surrender him or themselves as aforesaid, mall from the day [l^1^^
appointed for his or their surrender as aforesaid, be adjudged, purfaaniTto
deemed and taken to be convicted and attainted of felony, and iuch order,
shall suffer pains of death as in cafe of a person convicted and deemed to be
attainted by verdict and judgment of felony, without benefit 0f convicted> &c'
clergy -y and that it shall be lawful to and for the court of king's
bench, or the justices of oyer and terminer, or general gaol-de-
livery for the county, where the offence is sworn in such infor-
mation to have been committed, upon producing to them such
order in council, under the seal of the said council, to award
execution against such offender and offenders, in such manner,
as if he or they had been convicted and attainted in the said
court of king's bench, or before such justices of oyer and termi-
ner, or general gaol-delivery respectively.

V. And be it enacted by the authority aforesaid, That all and every person and persons, who shall, after the time'appointed as aforesaid, for the surrender of any person or persons, so

charged upon oath with any the offences aforesaid, be expired, Persons abet-
conceal, aid, abet or succour, such person or persons, knowing ting them, &c.
him or them to have been so charged as aforesaid, and to have d^med felons,
been required to surrender him or themselves, by such order or
orders as aforesaid, being lawfully convicted thereof, shall be
guilty of felony, and shall suffer death as in cafes of felony,
without benefit of clergy.

VI. Provided nevertheless, and it is hereby declared and enact-
ed, That nothing herein contained shall be construed to prevent
or hinder any judge, justice of the peace, magistrate, officer or
minister of justice whatsoever, from taking, apprehending and
securing, such offender or offenders, against whom such infor-
mation mall be given, and for requiring whose surrender such
order in council shall be made as aforesaid, by the ordinary
course of law; and in case such offender or offenders, against _
whom such information, and for requiring whose surrender such p^hended
order in council shall be made as aforesaid, mall be taken and within the
secured in order to be brought to justice, before the time shall time limited
be expired, within which he or they shall be required to sur- by or^er °f
render him or themselves, by such order in council as aforesaid, berried ac*^
that then in such case no further proceeding mall be had upon cording to"
such order made in council against him or them so taken and se- law.
cured as aforesaid, but he or they shall be brought to trial by due

course of law; any thing herein before contained to the contrary in any wise notwithstanding.

VII. And be it enacted by the authority aforesaid, That from *and after the first day of .June one thousand seven hundred and twenty-three, the inhabitants of every hundred, within that part of the kingdom of Great Britain called England, shall make

full satisfaction and amends to all and^every the person and per- <^-tAt^oc<ryvX< sons, their executors and adminiifratorsTtor the damages they 9 & - * c * 1 *

Ml

shall have sustained or suffered by the killing of maiming of any Hundred cattle, cutting down or destroying any trees, or setting fire to chargeable for any house, barn or out-house, hovel, cock, mow or stack of tahied6"^ corn> straw> hay or wood, which (hall be committed or done by rna?mintn cat- any °ffender or offenders against this act; and that every person tle3&c;& and persons, w ho shall sustain damages by any of the offences last mentioned, shall be and are hereby enabled to sue for and recover such his or their damages, the sum to be recovered not A j-/** * n stt exceecun2; the sum of two hundred pounds, against the jnhabiC*7**Z "tants^of the said hundred, who by this act (hall be ma^HiSre 2,1s- ?*£tet£>~ ±i to "answer all or any part thereof; and that if such person or y' ftr«:t"-*z -persons sliall recover in such action, and sue execution against any of such inhabitants, all other the inhabitants of the hundred, who by this act shall be made liable to all or any part of the said damage, sliall be rateably and proportionably taxed, for and towards an equal contribution for the relief of such inhabitant, against whom such execution shall be had and levied; ; which tax shall be made, levied and raised, by such ways and

means, and in such manner and form, as is prescribed and mentioned for the levying and raising damages recovered against inhabitants of hundreds in cafes of robberies, in and by an act, intituled. An a£f for the following hue and cry, made in the 57 Ehz. ct 13. twenty-seventh year of the reign of Queen Elizabeth,

VIII. Provided nevertheless, That no person or persons sliall be enabled to recover any damages by virtue of this act, unless

9 s^-^C- /^/f he or they by themselves, or by their servants, within two days Persons injur- after such damage or injury done him or them by any such died to give no- fender or offenders as aforesaid, sliall give notice of such offence tice within done and committed unto some of the inhabitants of some the offence^ town> v^age or hamlet, near unto the place where any such committed (act shall be committed, and (hall within four days after such /5y£^ r- give in his, her or. their examination upon oath, or the

sh~~ftTJZ~~~3examination upon oath of his, her or their servant or servants« that had the care of his or their houses,^ouT-Iiouies, corn, hay, 9/5- ' C-t3h- straw or wood, before any justice of the peace of the county, ^ned bwkhin nDertY or division, where such fact sliall be committed, inhafouTdaysafter biting within the said hundred where the said fact shall happen notice, touch- to be committed, or near unto the same, whether he or they ^a«g their do know the person or persons that committed such fact, or /?>/#. ^ha°U'sscSd °/ any ot "Them; and if upon such examination it be confessed, . o in ^l^t'h^t ne or they do know the person or persons that committed

^♦lifefeujeL^rfpi^'the said fact, or any of them, that then he or they so confesJL+^s£ 4 ^ sing, sliall be bound by recognizance to prosecute such offender

or offenders by indictment, or otherwise, according to the laws of this realm.

IX. Provided also, and be it further enacted, by the authority Hundred not aforesaid, That where any offence shall be committed against liable, is the this act, and any one of the said offenders (hall be apprehended, offender is ancj lawfully convicted of such offence, within the space of six wT'-b'in^t months after such offence committed, no hundred, or any insouths,1 &c. habitants thereof, sliall in any wife be subject or liable to make

any any satisfaction to the party injured, for the damages he shall have sustained; any thing in this act to the" contrary notwithstanding,

X. Provided also, That no person, who shall sustain any damage by reason of any offence to be committed by any offend- Action to be er contrary to this act, shall be thereby enabled to sue, or bring commenced any action against any inhabitants of any hundred, where such within a year offence shall be committed, except the party or parties sustain- aster the ofing such damage, shall commence his or their action or fuitfence* within one year next after such offence shall be committed.

XL And for the better and more effectual discovery os the offenders above-mentioned, and bringing them to justice, be it enacted by the authority aforesaid, That it shall and may be lawful to and for any justice of the peace, to issue his warrant to any constable, headborough, or other peace officer, thereby authorizing such constable, headborough, or other peace-offi- Tustices m cer, to enter into any house, in order to search for venison stol- }frue warrants en or unlawfully taken, contrary to the several statutes against to search for deer-stealers, in such manner, as by the laws of this realm such stolen venison, justice of the peace may issue his warrant to search for stolen goods.

XII. And be it further enacted by the authority aforesaid, That if any person or persons shall apprehend, or cause to be convicted any of the offenders above-mentioned, and shall be

killed, or wounded so as to lose an eye or the use of any limb, wounded in in apprehending or securing, or endeavouring to apprehend or apprehending secure any of the offenders above-mentioned, upon proof there- offenders, to of made at the general quarter-sessions of the peace for the be rewarded, county, liberty, division or place, where the offence was or shall be committed, or the party killed, or receive such wound, by the person or persons so apprehending, and causing the said offender to be convicted, or the person or persons so wounded, or the executors or administrators of the party killed, the justi&^rof the said sessions shall give a certificate thereof to such persomePr persons so wounded or to the executors or administrators of the person or persons so killed, by which he or they (hall he entitled to receive of the sheriff of the'said county the sum of fifty pounds, to be allowed the said stieriff in passing his accounts in the exchequer; which sum of fifty pounds the said sheriff is hereby required to pay within thirty days from the day on which the said certificate shall be produced and shewn to him, under the penaltv of forfeiting the sum of ten pounds to the said person or persons to whom such certificate is given, for which said sum of ten pounds, as well as the said sum of fifty pounds, such person may and is hereby authorized to bring an action upon the cafe against such sheriff, as for money had and received to his or their use.

XIII. And whereas the shortness of the time within which prosecutions for offences against the statute made in the third and fourth & Sc years of the reign of their late majesties King William and gkeeen \\s £ IO,' Mary, intituled, An act for the more effectual discovery and punisnment of deer-stealers, are limited to be commenced, has been

& great encouragement to offenders; be it therefore enacted by the 6 autho

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