Page:Ruffhead - The Statutes at Large, 1763.djvu/156
tenant to their Tenements. (6) But if any do claim Common by special Feoffment or Grant for a certain Number of Beasts, or otherwise which he ought to have of common Right, whereas Covenant barreth the Law, he shall have such Recovery as he ought to have had by Form of the Grant made unto him. [1](7) By occasion of a Windmill, Sheepcote, Deyry, enlarging of a Court necessary, or Courtelage, from henceforth no Man shall be grieved by Assise of Novel disseisin for Common of Pasture. For what Cause one may approve.(8) And where sometime it chanceth, that one having Right to approve, A Ditch or Hedge of Ground approved cast down.doth then levy a Dyke or an Hedge, and some by Night, or at another Season, when they suppose not to be espied, do overthrow the Hedge or Dyke, and it cannot be known by Verdict of the Assise or Jury, who did overthrow the Hedge or Dyke, and Men of the Towns near will not indict such as be guilty of the Fact, (9) the Towns near adjoyning shall be distrained to levy the Hedge or Dyke at their own Cost, and to yield Damages. Usurpation of Common during the Estate of particular Tenants.(10) And where one, having no Right to Common, usurpeth Common what Time an Heir is within Age, or a Woman is covert, or whilst the Pasture is in the Hands of Tenants in Dower, by the Courtesy, or otherwise for Term of Life, or Years, or in Fee-tail, and have long Time used the Pasture, many hold Opinion, [2]that such Pastures ought to be said to belong to the Freehold, and that the Possessor ought to have Action by a Writ of Novel disseisin, if he be deforced of such Pasture; (11) but from henceforth this must be holden, that such as have entered within the Time that an Assise of Mortdauncestor hath lien, if they had no Common before, shall have no Recovery by a Writ of Novel disseisin, if they be deforced.
By 6 Geo. 1. c. 16. sect. 1. the Remedy of the Act is extended to the Destroyers of Trees, &c. by Night or Day, &c.
See 1 Geo. 1. stat. 2. c. 48. for the Preservation of Timber. Explained and amended by 6 Geo. 1. c. 16. above mentioned. By 29 Geo. 2. c. 36. Commons may be enclosed, for planting Timber, with Consent of Lords and Tenants.
CAP. XLVII.
A Penalty for taking of Salmons at certain Times of the Year.
[1]IT is provided, That the Waters of Humber, Owse, Trent, Done, Arre, Derewent, Wherse, Nid, Yore, Swale, Tese, [Tine, Eden,][2] and all other Waters (wherein Salmons be taken) ⟨within the Kingdom⟩[3] shall be in Defence for taking Salmons from the Nativity of our Lady unto St. Martin’s Day; (2) and that likewise young Salmons shall not be taken nor destroyed by Nets, nor by other Engines at Milpools, from the midst of April unto the Nativity of St. John Baptist. (3) And in Places ⟨where such Rivers be⟩[4] whereas fresh Waters be, there shall be assigned Overseers of this Statute, which being sworn, shall oftentimes see and inquire of the Offenders; (4) and for the first Trespass, they shall be punished by burning of their Nets and Engines; (5) and for the second Time, they shall have Imprisonment for a Quarter of a Year; and for the third Trespass, they shall be imprisoned a whole Year; and as their Trespass increaseth, so shall the Punishment.
Confirmed by 13 R. 2. stat. 1. c. 19. And 17 R. 2. c. 9. appointing Justices of the Peace Conservators.
See 22 Ed. 4. c. 2. and 11 H. 7. c. 23. for packing of Salmon. 23 Hen. 8. c. 18. for pulling down Piles in the Rivers Ouse and Humber. 25 H. 8. c. 7. 1 El. c. 17. for the Preservation of the Spawn. 3 Jac. 1. c. 12. 30 Car. 2. stat. 1. c. 9. 4 & 5 W. & M. c. 23. s. 5. 4 Ann. c. 21. 9 Ann. c. 6. 1 Geo. 1. stat. 2. c. 18. 5 Geo. 2. c. 26. s. 7. 26 Geo. 2. c. 9. 30 Geo. 2. c. 21 & 30. And 33 Geo. 2. c. 27. The last mentioned Statutes containing farther Provisions for the Preservation and Improvement of the Fishery.
CAP.