Who shall hear and determine offences.

The party grieved may recover treble damages, and

thereupon may discharge the suretiship.

Conies in war

wrongfully or unlawfully break or enter into any Park impaled, or any other several grounds inclosed with wall, pale or hedge, and used or kept for the keeping, breeding, and cherishing of any Deer (1) or Conies, and wrongfully or unlawfully shall hunt, drive, or chase out, or take, kill, or slay any Deer or Conies within any such impaled park or closed ground with pale, wall, or other inclosure as aforesaid, against the will, mind, or pleasure of the owners, occupiers, or possessioners of the same, not having lawful title or authority so to do, and thereof shall be lawfully convicted at the suit of the King or the party grieved, shall suffer imprisonment of his or their Bodies by the space of three months, and also shall yield and pay to the party grieved his treble damages (2) and costs, to be assessed and rated by the Justices before whom he shall be convicted, after the said three months expired, and shall find sureties for his good abearing for seven years after, or else shall remain in prison without bail or mainprize until he shall find such sureties, during the said space of seven years. 3 Jac. 1. c. 13. s. 2.

The Justices of Oyer and Terminer, Justices of Assize in their Circuits, and Justices of Peace and Gaol Delivery in their Sessions, shall enquire, hear, and determine offences, by examination of the offenders, as well upon Indictment taken before them as by Bill of Complaint, Information, or other action. s. 3.

+

This act was continued by 3 Car. 1. c. 4. and appears to be still in force by the wording of the Statute 21 Car. 1. c. 4...

The party grieved may take his further remedy against offenders, and recover treble damages before such Justices, or elsewhere in the Courts of Record at Westminster, and upon such satisfaction being made, or the acknowledgment thereof by the offender before the Justices in open Sessions for the County where the offence was committed, it shall be at the liberty of the party grieved to release at his pleasure the suretyship of good behaviour at any time within the seven years or before. s. 4.

This act shall not extend to any Park or inclosed Ground to be inclosed or used for Deer or Conies after the making of the act, without licence or grant from the King. s. 7.

Penalty for If any person or persons shall at any time enter wrongfully chasing or killing into any Warren or Ground, lawfully used or kept for the rens not inclosed. breeding or keeping of Conies (although the same be not inclosed) and there shall chase, take, or kill any Conies against

(1) This act is repealed as to Deer by 7 Jac. 1. c. 13. And see further Title GAME.

(2) As relates to Deer, these damages are by 7 Jac. 1. c. 13. to be rated at €10.

the will of the owner or occupier thereof, not having lawful title or authority so to do, and shall be thereof lawfully convicted in manner hereafter following (1), the parties so offending shall yield treble damages to the party grieved, and be imprisoned for three months, and after till they find sureties for their good abearing. 22, 23 Car. 2. c. 25. s. 4.

The statute 5 G. 3. c. 14. recites, that there are many thousand acres of land in this 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 industrious manufacturers, who gain their livelihood by working up Coney wool; and that a great part of the said land is already used as Warrens in the breeding and maintaining Conies, but because disorderly persons, neglecting their own lawful trades, have betaken themselves to the taking, killing, and stealing of Conies in the night-time, whereby the owners and occupiers of such Warrens are greatly discouraged, 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 prejudice of the manufactures of this Kingdom; and that the provisions already subsisting have, by experience, been found insufficient for the effectual preservation of Conies in Warrens; and then for remedy thereof enacts (s. 6.) that if any person or persons shall, from and after 1 June 1765 wilfully and wrongfully in the night-time enter into any Warren or Grounds lawfully used or kept for the breeding or keeping of Conies, although the same be not inclosed, and shall then and there wilfully and wrongfully take or kill in the night-time any Coney or Conies, against the will of the owner

Persons convicted of enter

ing warrens, &c.

in the night, and

&c. Conies

taking or killing,

therein,

or occupier thereof, or shall be aiding and assisting therein, and their aiders, and shall be convicted of the same before any of his Majesty's Justices of Oyer and Terminer, or General Gaol Delivery for the County where such offence or offences shall be committed, every such person and persons so offending, and being thereof lawfully convicted in manner aforesaid, shall and may be Trans may be transported for the space of Seven Years, or suffer such other lesser ported, &c. Punishment by Whipping, Fine, or Imprisonment as the Court before whom such person or persons shall be tried, shall in their discretion award and direct.

Provided 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 act or acts, law or laws now in force. s. 7.

(1) In a summary way before one Justice, see s. 7. of the act.

Not to extend to destroying Conies on the sea banks, &c. of Lincoln in the day time.

The definition of conspirators.

And whereas great mischief and damage has been and still may be occasioned by the increase of Conies upon the Sea and River Banks in the County of Lincoln, or upon the land or ground within a certain distance from the said banks; for remedy thereof, be it enacted, that nothing in this act contained shall extend or be construed to extend to prevent any person or persons from killing and destroying, or from taking and carrying away in the day time any Conies that shall be found on any Sea or River Banks erected or to be erected for the preservation of the adjoining lands from being overflowed by the sea or river waters, so far as the Flux and Reflux of the Tide does or shall extend, or upon any land or ground within one Furlong distance of such sea or river banks, so far as the flux and reflux of the tide does or shall extend, or upon any land or ground within one furlong distance of such sea or river banks; but that it shall and may be lawful to and for any person or persons to enter upon any such banks, land, or ground as aforesaid within the said County of Lincoln, and to kill, destroy, take, and carry away in the day time to his or their own use any Conies so found upon any such banks, land, or ground as aforesaid, within the said County, he or they doing as little damage as may be to the owner or tenant of such banks, land, or ground; any thing in this or any other act contained to the contrary notwithstanding. 5 G. 3. c. 14. s. 8.

Provided also, that no person or persons shall be obliged to make satisfaction for any damages that may be occasioned by such entry, unless such damages shall exceed the sum of One Shilling. s. 9.

Conspiracy.

(And see Titles CHAMPERTY, MAINTENANCE.)

Conspirators be they that do confeder or bind themselves by Oath, Covenant, or other Alliance, that every of them shall aid and bear the other falsly and maliciously to indite or cause to indite, or falsly to move or maintain Pleas; and also such as cause children within age to Appeal men of Felony, whereby they are imprisoned and sore grieved; and such as retain men in the Country with Liveries or Fees, to maintain their malicious Enterprises; and this extendeth as well to the takers as to the givers. And Stewards and Bailiffs of great Lords which by their Seignory, Office, or Power undertake to bear or maintain Quarrels, Pleas, or Debates that concern other parties, than such as touch the

Conspiracy. Convicts. Corn, Grain, and Flour.

estate of their Lords or themselves. This Ordinance and final definition of Conspirators was made and accorded by the King and his Council in his Parliament, the thirty-third year of his reign. And it was further ordained that Justices assigned to the hearing and determining of Felonies and Trespasses, should have the Transcript hereof. 33 Ed. 1. st. 2.

Convicts.

155

order Convicts,

sons acquitted,

By the Statute 32 G. 3. c. 45. s. 4. it is enacted, that any of his Judges or JusMajesty's Judges at the Assizes, and the Justices at the General tices, &c. may or Quarter Sessions, or any Justice of the Peace, is and are upon being dishereby empowered to order, whenever he or they shall think charged, or perproper, any Convict, upon his Discharge from Prison, to be con- &c. at the Asveyed by Pass under hand and seal, in manner and form directed sises, &c. to be conveyed by by the aforesaid act [17 G. 2. c. 5.] and according to the pro- a pass, as under visions therein contained; and the Judge, Justices, or Justice 17 G. 2. c. 5. aforesaid, is or are also empowered to convey by Pass any person who shall be Acquitted at the Assises or General or Quarter Sessions, or Discharged by Proclamation or otherwise, who shall of himself or herself, or by any other person in his or her behalf, apply to the Court whereat he or she has been acquitted or discharged, or to any Justice of the Peace to be conveyed as aforesaid; and the Judge, Justices or Justice aforesaid, shall certify in such Pass, that the person so conveyed was discharged from prison, or a person acquitted or otherwise discharged at the Assises or Sessions, as the case may be, and such Convict or person acquitted or discharged shall pay no fee whatever for such Pass.

Corn, Grain, and Flour.

The Statute 11 G. 2. c. 22. intituled "An Act for punishing such persons as shall do injuries and violences to the persons or properties of his Majesty's subjects, with intent to hinder the Exportation of Corn," recites, that "many disorderly and evilminded persons have of late frequently themselves in great numbers, committed great violences, and done many injuries to the persons and properties of his Majesty's subjects, with intent to hinder the Exportation of Corn, whereby many of his Majesty's subjects have been deterred from buying of Corn and Grain, and following their lawful business therein, to their great loss and damage, as well as the great damage and prejudice of the

Persons using any violence to hinder the sale or transit of Corn, &c.;

Farmers and Landholders of this Kingdom," and then "for the better preventing such wicked and disorderly practices, and more easily and effectually bringing such offenders to condign punishment," the statute enacts, that if any person or persons shall, from and after 24 June 1738, wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons, with intent to deter or hinder him or them from buing of Corn or Grain in any Market or other place within this Kingdom, or shall unlawfully stop or seize upon any waggon, cart, or other carriage, or horse loaded with Wheat, Flour, Meal, Malt, or other Grain, in or on the way to or from any city, market town, or sea port of this Kingdom, and wilfully and maliciously break, cut, separate, or destroy the same, or any part thereof, or the harness of the horses drawing the same; or shall unlawfully take off, drive away, kill, or wound any of such horses, or unlawfully beat or wound the driver or drivers of such waggon, cart, or other carriage, or horse so loaded, in order to stop the same, or shall by cutting off the sacks or otherwise, scatter or throw abroad such Wheat, Flour, Meal, Malt, or other Grain, or shall, take or carry away, spoil, or damage the same, or any part thereof; every and all such person and persons, being thereof lawfully convicted before any two or more Justices of the Peace of the county, shire, stewartry, riding, division, town or place corporate, wherein such offence or offences shall be committed, or before the Justices of the Peace in open Sessions (who are hereby authorized and empowered summarily and finally to hear and determine the same) shall be guilty shall be sent to the Common Gaol or to the House of Correction, there to continue and be kept to hard labour for any time not exceeding the space of three months, nor less than one month, and shall by the same Justices be also ordered to be once publicly and openly whipped by the master or keeper of such Gaol or House of Correction in such city, market town, or sea port in or near to which such offence shall be committed, on the first convenient market day, at the Market Cross or Market Place there, between the hours of eleven and two of the Clock. s. 1. If any such person or persons so convicted shall commit time, or destroy any of the offences aforesaid a second time; or if from and ing granaries, &c. after the said 24th June 1738, any person or persons shall of Corn, or the 'wilfully and maliciously pull, throw down, or otherwise destroy any Storehouse or Granary, or other place where Corn shall be then kept in order to be exported; or shall unlawfully enter any such Storehouse, Granary, or other place, and take

of a misde

ineanor and be imprisoned and whipped.

Committing like offences a second

Corn therein,