| Chap. 55.
1 H. 7. c. 7.
P. Just. 16.
* Quære.
If they kill
nothing.
Dy. fol. 50.
P. 5. |
Hunting.
he conceal that Hunting, of any Offender with him therein, then the
said
Concealment shall be * Felony in such Concealer. But if he then confess
the truth of all that he shall be examined of an knoweth in that behalf;
then his Offence of Hunting shall be but Trespass, and fineable:
The Fine
to be assessed at the next General Sessions of the Peace, by the Justices
there. See Postea it. Felony by Statute. |
115 |
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Also to disobey such a Warrant, or to make Recous
thereupon; so that
the Execution of the same Warrant thereby be not had, is Felony.
Vide
ut supra. |
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If any shall by night or day, unlawfully break
or enter into any Park
Impaled, or several Grounds closed with Wall, Pale, or Hedge, and
used for the keeping, breeding, and cherishing of Deer; and being thereof
convicted at the Suit of the Queen, or Party, shall be imprisoned three
Months, and pay the Party treble damages; and be bound with Sureties
to the Good Behaviour for seven years, or else continue in Prison seven
years.
5 El. 21. |
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This Act extends not to Parks, or Inclosed Ground,
then after to be made
and used for Deer, without the Grant or License of the Queen, her
Heirs,
Successors or Progenitors. 5 El. 21. |
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The Justices of the Peace in their Sessions,
may hear and determine the
Offences of Taking, Hawking, Fishing and Hunting against that Statute;
and
the party may have his remedy before them there, and may make out Process
as well upon Indictments, as by Bill of Complaint, Information, or any
other
Action. 5 El. 21. |
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The party grieved, upon satisfaction to him made
of his Damages; and
upon Confession by the Offenders in open Sessions, may release the Suretiship
for the Good Behaviour, at amy time, within the seven years: And
if the
party nr bound, if eh shall come in open Sessions, and confess the Offence,
and be sorry for it, and pay the party is treble Damages, may in the same,
or any other Sessions release the Recognizance. 5 El. 21.
But it seems, that
no other Justices, but those, before whom such Confession is made; can
in the
same, or any other Sessions, release or discharge the Recognizance.
And it
seemeth also, if the party lie in Prison for want of Sureties, for the
Good
Behaviour, after the three Months; neither the party grieved, nor Justices
upon Confession can discharge him. |
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And forasmuch as many Grounds used for the keeping
of Deer, were
altered or inclosed since 5 El. 21. a Statute was made 3 Jac.
13. with the
same Provisions touching Deer, but pretended to the killing of Conies also;
but the Statute of 3 Jac. 13. extends only to the Killing, Hunting,
and
Chacing of Conies in the night, and not in the day time; nor to any Park,
or Inclosed Grounds, after to be used for keeping Deer and Conies, without
grant. |
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| P. 3 El. c. 10. |
No person shall Hawk, or with his Spaniels hunt
in any Ground, where
Corn or other Grain shall then grow (except in his own Ground) at such
time as any Eared or Codded Corn or Grain, shall be standing; nor before
it be Cocked, Shocked, &c. Upon pain to forfeit for every time
he shall so
Hawk or Hunt, without the consent of the Owner, Forty shillings to the
Owner: Which, if he pay not within Ten days after Conviction, he
may be
imprisoned a Month, without Bail, or may be recorded by Action; and the
Justices of Peace may hear and determine the same in their Sessions:
And
every Justice of Peace may examine the Offender, and bind him to the
Sessions to answer the Offence, and to pay the Penalties, and receive the
punishment. |
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