An Acte for the Explanacion of one Statute made in the Second Session of this sent Parliament, intituled An Acte against unlawfull huntinge and stealinge of Deere and Conyes (1609)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1609 |
| Period | Stuart |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. IV, Part II, CHAPTER XIIL.]
WHE
THEREAS Question and Doubt hath growen and risen upon the Exposicion of a Statute made in the Second Session of this pesent Parliament, intituled An Act against unlawfull hunting and stealing of Deere and Conies, for that in the body of the said Act all unlawfull hunting dryving or chasing out, or taking killing or slaying any Deere or Coneys whin any the Parkes Places or Ground in the said Statute mencioned, against the will mynd or pleasure of the Owners Occupiers or Possessioners of the same, (aswell by daie as by night) is phibited and made Penall in such manner and forme as in and by the said Statute it doth and may more plainelye appeare; And yet by a Proviso in the said Statute conteyned, it is enacted that the said Act nor any thinge therein conteyned should (') extend to any Offence or Offences concning the hunting chasing or killing of Deere or Conics, we should be done or comytted in the Day tyme, but only to such Offences as should be then after done or comitted in the Night tyme only, any thing in the said Act conteyned to the contrary notwithstanding: For the Explanacion of wh Doubt and Question, and for that it is found by Experience, that Malefactors of that kynd have byn much encouraged to chase hunt kyll and destroy Deere in the Daye tyme by coullor of the said Proviso, whereby many Deere aswell in the Park of our Soveigne Lord the King, as of many his Highnes loving Subject have beene and are still like to be unlawfully and ryotously chased hunted and destroied by many idle loose and disorderlie psons; be it therefore enacted by the Authoritie of this sent Parliament, That from and after the Feast of S' James the Apostle next ensuyng, so much of the said Proviso in the said Statute conteyned as condneth the hunting chasing out or killing of Deere only shalbee repealed frustrated and made void; Any thing in the said Proviso of the said Act conteyned to the contry thereof in any wise notwithstanding
AND Whereas it was by the said former Statute amongst other thing enacted, That if any peon or poons did or should wrongfully or unlawfully hunt chase or drive out, or take kyll or slay any Deere win any Parke or other Place in the said Statute mencioned, against the will mynde or pleasure of the Owners Occupiers or Posesioners of
Proviso in Stat. 3 Joe. 1. an to killing Deer, repealed
1. Treble Damages under y Jac. L. etg. 11. uncerta
the same, that then evy such pson soe offendinge should satisfie and pay unto the Partie greived his Treble Dämages in such maner and forme as in the said Statute is mencioned; By reason of the unctentie whereof fewe or noe Offendours have byn discouraged in their said hunting dryving chasing out taking killing or slaying of Deere : For Remedie whereof, Bee it further by the Authoritie of this posent Parliament enacted, That if any pson or psons from and after the Feast of S' James the Apostle next comyng after the end of this psent Session of Parliament, shall willinglie comitt any the Offences in the said Statute mencioned, conening the unlawfull chasing out hunting driving taking killing or slaying of Deere in any Parke or inclosed Ground, we now is or hereafter shalbe made and used for Deere, against the wyli mynde or pleasure of the Owners Occupiers Possessioners or Keepers of the same, that then all and every such peon and psons soe offending shall for evy such Offence pay and satisfie to the Partie greived, the some of Tenne Pound of currant Money of England, or else Treble Damages and Coste, at the Eleccion of the Partie greived, the same to be recoved in such maner and forme as in and by the said Statute is lymited and appointed for the Recovye taxing or assessing of the said Treble Damage, Any thing in the said Statute or in this Puent Act conteyned to the cont'rie notw"standing
This Lawe to contynue untill the End of the first Session of the next Parliament
