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Dalton's The Country Justice, 1690
Volume 153, Page 140   View pdf image (33K)
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140
Night-walkers.  Nusances.  Oath.

CHAP.    LXV.    V. 35.

Night-walkers.

    EVery Justice of Peace (Ex officio, and by the Commission, the first
Assignavimus) may cause to be arrested all Night-walkers, be they
strangers or other persons that be suspected, or that be of evil behaviour,
or of evil fame; and more particularly all such suspected persons as shall
sleep in the day time, and go abroad in the nights:  And all such as shall in
the night season haunt any House that is suspected for Bawdery, or shall in
the night time use other suspicious company; or shall commit any other
outrages or misdemeanours; and may force them to find surety for their
good Behaviour.  See the title, Surety for the good Behaviour.

Chap. 65. 66. 67.
 
 
 
 
 

Lam. 46.
122.
13 H. 7. 10.
See tit.
Watch.

    For as one saith, Such Night-walkers (or night birds) are ominous, like
the Whistler, &c.  And such Night walkings are unfit for honest men, and
more suiting to the Thief (the right Whistler) and to Beasts of the Prey;
which come forth of their Dens, when Man goes to his rest.
 
Psal. 104.

 
 
 

    §. 1.
Hemp.

CHAP.    LXVI.

Nusances.

    ' FOr Nusances in High ways.  Vide tit. High-ways.  Sect. 27.
    ' If any person shall water any Hemp or Flax, in any River, Running
' Water, Stream, Brook or Common Pond, where Beasts be usually
' watred, he shall forfeit Twenty shillings; a moiety to the party grieved, 
' or any that will sue; the other moiety to the King, to be sued for in
' any Court of Record.


 
 
 

33 H. 8. c.
17.

    §. 2.
Leather.
    ' Transporting of Leather, contrary to 14 Car. 2. c. 7. is declared a Common
' Nusance.
14 Car. 2.
c. 7.
    §. 3.
Cattle.
    ' Importing Cattle from Ireland, declared to be a Common Nusance. 18 Car. 2.
c. 2.
    ' No Butcher or his Servant shall slay any manner of Beast in any City,
' Borough, or Town walled (Berwick and Carlile excepted) upon pain for
' every Ox 12 d.  And for every Cow and other Beast 8 d.
 
4 H. 7. 3.

 
 
 

    §. 1.

CHAP.    LXVII.    V. 36.

Oath.

    ' NO Judge, Commissioner, or Subject, is compellable to take any
' Oath, but what is warranted by the Common Law, or directed
' by Statutes:  And therefore you shall find always directing Oaths, and
' inabling Justices of Peace to administer them, as 31 El. 11. 2 Instit. 719.
' and infinite others, 7
El. 12.


 
 
 

2 Instit.
P. 479.

    §. 2.
Peace.
    Any one Justice of Peace may compel such as are between the age of fifteen
years and threescore, to be sworn to keep the Peace.  See the Statute
of Winchester, 13 E. 1 cap. 6.  And the Articles of Inquisition upon the said
Statute of Winchester, made about Anno 34 E. 1.
Lamb. 160.
    §. 3.

    ' If any person of the age of eighteen years, and under the degree of
' a Baron, shall stand and be presented, indicted, or convicted, for not
' coming to Church, or not receiving the Communion before the Ordinary,
' or any other having power to take such Presentment or Indictment;
' or if the Minister, Petty Constable, and Church-wardens, or any
' two of them, shall complain to any Justice of Peace, near adjoyning, to
7 Jac. 6.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 140   View pdf image (33K)
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