quent offence and for a subse1. for each sheep, and to imprisonment. suffer six months of Correction of the County, Riding, Division, Shire, or Stewartry, wherein such offender or offenders shall be respectively convicted, for the space of Three Calendar Months, without bail or mainprize, and until such forfeiture shall be paid, so as the whole of such imprisonment for the nonpayment of such forfeiture shall not exceed the space of twelve calendar months; and in case of any further conviction for or upon a second or other subsequent Offence of the same kind, the person or persons so again offending shall, upon every second or other subsequent conviction, forfeit and pay for every such sheep or lamb the sum of five pounds of lawful money of Great Britain, and shall also suffer solitary imprisonment in the Common Gaol or House of Correction of the County, Riding, Division, Shire, or Stewartry wherein such offender or offenders shall be respectively convicted, for the space of Six Calendar Months, without bail or mainprize, and until such forfeitures shall be paid, so as the whole of the imprisonment for the nonpayment of the forfeiture incurred by such second or other subsequent offence shall not exceed the space of Two Years; all of which said several forfeitures shall Forfeitures to be to the persons be for the benefit of the person or persons who shall sue for suing for the the same: Provided always, that nothing in this act contained shall in anywise extend to subject any person or persons, or any ship, vessel, or boat, to any of the pains, penalties, or for feitures herein contained, for the carrying or conveying away of any Wether Sheep, to be carried alive in any ship, vessel, or boat, out of the Kingdom of Great Britain, or out of any of the said Isles, for and towards the only necessary Food and Diet of or for the Master or Commander, Mariners, Passengers, or persons therein, and for and towards no other purpose whatsoever. s. 2. (1) (1) The statute 8 Eliz. c. 3. s. 1. enacts, that no manner of person shall bring, deliver, send, receive, or take, or procure to be brought, delivered, sent, or received, into any ship or bottom, any rams, sheep, or lambs, or any manner of other kind of sheep, being alive, to be carried and conveyed out of this Realm of England, Wales, or Ireland, or out of any the Queen's Dominions, upon the pain that every such person and persons, their aiders, abettors, procurers, and comforters, shall, for his or their first offence, forfeit and lose all his goods for ever; one moiety to the Queen, and the other moiety to the party suing for the same in any Court of Record. And further, every such offender shall suffer imprisonment by the space of one whole year, without bail or mainprize; and at the year's end shall, in some open Market Town, in the fullness of the Market, same. Not to extend carried for diet to live Sheep of Crew. No live wether sheep to be shipped for diet without licence from the Port Officer of the Customs. Licence to specify the number in the presence Provided always, that no live Wether Sheep shall be put or carried on board any ship, vessel, or boat, for the necessary food or diet of the Master or Commander, Mariners or Passengers therein, until an application shall have been made to the Comptroller and Collector of the Customs of such Port or place where the same are intended to be shipped, and a Licence obtained from them for the shipping thereof, which licence of sheep, which shall specify the number of wether sheep so to be put on board must be shipped such ship or vessel; and they shall in no case exceed such numof the Officer, on ber as in the judgment of the officers granting such licence penalty of forshall be deemed sufficient for the use of such Master or Commander, Mariners, or Passengers, during the intended voyage of such ship or vessel, according to the distance thereof, nor shall the same be shipped but in the presence of the proper officers appointed to attend the same, upon pain that the sheep so put on board shall become forfeited to the person or persons seizing the same, and the person or persons shipping or attempting to ship the same shall, for every such offence, forfeit and pay the sum of twenty shillings for every such sheep to the person or persons who shall inform thereof. s. 3. feiture and 20 s. for each shop. Where there is no Officer, the licence to be granted by the Officers at the nearest place, &c. s. 4. Not to extend to vessels bound to or from any place between the Mull of Cantire and Cape Wrath. s. 5. Nor to the moving sheep from the main land to Islands within the Firths of Scotland, where estates consist of both. s. 6. Proprietors, &c. of such estates to give Bond not to export sheep to foreign parts, and to obtain a licence for so moving them. Licence to contain the name of the person to whom granted, &c., and to continue in force 'til the Bond be forfeited; Bond and copy of licence shall be on the Market-day, have his left hand cut off, and that to be nailed up in the openest place of such Market; and that every person eftsoons offending against this statute, shall be adjudged a Felon, and shall suffer Death as in cases of Felony. s. 2. Not to extend to create corruption of blood, or work loss of dower. s. 3. The Justices of Oyer and Terminer, and Justices of Gaol Delivery, and Justices of Peace, within England and other the Queen's Dominions, shall inquire of offenders, and hear and determine offences against this act. s. 4. The statute 28 G. 3. c. 38. does not notice the act of 8 Eliz. which is so highly penal, though the former is virtually repealed by the general words of the latter statute. sent to the Commissioners of Customs at Edinburgh. s. 7. All the above provisions, which, to save unnecessary repetitions, are thus shortly noticed, will be found at length under title WooL. be conveyed Ports of Cowes The Statute 32 G. 3. c. 32. recites, that by the Statute 6 G. 3. Sheep, lambs, c. 50. for allowing the conveyance from Southampton and and horses may Portsmouth to Cowes in the Isle of Wight, of sheep and cattle, between the between the said Ports, without cocket or bond being taken or in the Isle of entered into for that purpose, it was enacted, that no cocket or Wight and Southampton bond should be required for carrying or conveying sheep (pro- and Portsmouth. vided the same be carried in open boats or hoys) nor any other kind of cattle (horses and lambs excepted), between Cowes in the Isle of Wight and Portsmouth and Southampton; and that by the statute 28 G. 3. c. 38. the said act 6 G. 3. c. 50. was, repealed in respect to the conveyance of sheep between Cowes and Southampton and Portsmouth; and that it is expedient that the said first recited act [of 6 G. 3.] so far as the same relates to the Ports of Cowes, Southampton, and Portsmouth respectively, should be revived and continued in force, No Certiorari shall be issued till signed by a Judge; on penalty of £5 on the writer. King's Officers shall not maintain pleas. and should extend to permit the removal of horses between the Ports of Southampton, Portsmouth, and Cowes respectively, when not exceeding six in number in any one vessel, and of any number of all other cattle, except Sheep and Lambs, without any sufferance or other Custom House document whatsoever, and of lambs without cocket or bond, as well as sheep; and then enacts, that the said recited act [of 6 G. 3.] shall from and after 1st July 1792, so far as the same shall relate to the said Ports of Cowes, Southampton, and Portsmouth, be Revived, and shall continue in force and effect the same as if the said recited act of the twenty-eighth year of his present Majesty's Reign had not been made. By s. 2. from and after the said 1st July 1792, it shall and may be lawful for any person or persons whatsoever to carry or convey Horses, when not exceeding six in number in any one vessel, and any number of all other cattle (sheep and lambs excepted), without obtaining any sufferance or other Custom House document whatever, between Cowes and Southampton and Portsmouth, and also lambs, without taking out any cocket, or giving any security by bond or otherwise, for the due landing the same, provided the same be carried in open boats or hoys, in like manner as sheep are required to be carried by the said recited act of 6 G. 3. Certiorari (WRIT OF). No Writ of Habeas Corpus or Certiorari shall be hereafter granted, to remove any Prisoner out of any Gaol, or to remove any Recognisance, except the same Writ be signed with the proper hands of the Chief Justice, or in his absence one of the Justices of the Court out of which such Writs shall be awarded, upon pain that he that writeth any such Writs, not signed as is aforesaid, to forfeit to the King, for every such Writ and Writs, Five Pounds. 1, 2 P. & M. c. 13. s. 7. Champerty. (And see Titles CONSPIRACY, MAintenance.) No Officer of the King, by themselves nor by other, shall maintain Pleas, Suits, or Matters belonging to the King's Courts, for Lands, Tenements, or other things, for to have part or profit thereof by Covenant made between them, and he that doth shall be punished at the King's pleasure. 3 Ed. 1. c. 25. Where it is contained in our Statute that none of our Court The punishment of Champertors. shall take any plea to Champerty by craft nor by engine, and that no Pleaders, Apprentices, Attornies, Stewards of great men, Bailiffs, nor any other of the Realm, shall take for Maintenance or the like bargain, any manner of suit or plea against other, whereby all the Realm is much grieved, and both rich and poor troubled; it is provided, by a common accord, that all such as from henceforth shall be attainted of such Emprizes, Suits, or Bargains, and such as consent thereunto, shall have imprisonment of three years, and shall make fine at the King's pleasure. 33 Ed. 1. st. 3. Regist. 186. Rast. 119. offences of Item, where in times past divers people of the Realm, as well great men as other, have made Alliances, Confederacies, and Conspiracies, to maintain Parties, Pleas, and Quarrels, whereby divers have been wrongfully disinherited, and some ransomed and destroyed, and some, for fear to be maimed and beaten, durst not sue for their right nor complain, nor the Jurors of Inquests give their verdicts, to the great hurt of the people, and slander of the Law and common right; it is accord- Justices of Ased, that the Justices of the one Bench and of the other, and sise shall try all the Justices of Assises, whensoever they come to hold their Ses- Maintenance, sions, or to take Inquests upon Nisi Prius, shall enquire, hear, Conspiracy. Champerty, and and determine, as well at the King's suit as at the suit of the party, of such Maintainers, Bearers, and Conspirators, and also of them that commit Champerty, and of all other things contained in the aforesaid article, as well as Justices in Eyre should do if they were in the same county; and, that which cannot be determined before the Justices of the one Bench or the other upon the Nisi Prius, for shortness of time, shall be adjourned into the place whereof they be Justices, and there be determined as Right and Reason shall require. 4 Ed. 3. c. 11. All Statutes concerning Maintenance, Champerty, and Embracery, shall be put in execution. 32 H. 8. c. 9. &c. No person shall bargain, buy or sell, or by any means obtain, The punishment get, or have, any pretenced Rights or Titles, or take, promise, of such as buy or sell pretended grant, or covenant to have any right or title of any person in or titles to lands, to any Manors, Lands, Tenements, or Hereditaments (except such person which shall so bargain, sell, give, grant, covenant, or promise the same, their ancestors, or he by whom they claim the same, have been in possession of the same or the Reversion, or taken the Rents or Profits thereof, by one whole year before such bargain, covenant, grant, or promise made), upon pain that he |