sinu be

perfon whatsoever, either to proceed to recover the faid penalty, by information and conviction, before any justice or justices of the peace, in such manner as is directed by this act, or to fue for the fame by action of debt or on the cafe, bill, plaint or information, in any of his Majesty's courts of record, wherein plaintiff reco no essoin, protection or wager of law, or more than one impar- vering ineitled lance thall be allowed, and wherein the plaintiff, if he recovers, to double,

shall likewise have his double costs.

colts

XXX. Provided, That all suits and actions to be brought Limitation of by virtue of this act, shall be brought before the end of the next actions. term after the offence committed; and that no offender against any of the laws now in being for the preventing the spreading of the distemper which now rages amongst the horned cattle, shall be profecuted twice for the fame offence.

14

ers of the land

XXXI. And be it further enacted by the authority aforesaid, Commission That all the commiffioners of the land tax, and rectors or vi tax, and rec cars who are rated to the land tax for one hundred pounds per tors, and vi annum, shall, in their respective parishes, and they are hereby cars, rated for impowered to grant certificates of health for cattle, in as full tool, per ann and ample manner, as any justice or justices of the peace are certificates of impowered in any manner whatsoever to do, for which faid cer- health for tificates no fee or reward whatsoever shall be taken.

are to grant

cattle.

cates, are to

XXXII. And be it further enacted by the authority aforesaid, Persons grant That from and after the first day of June one thousand seven ing certifi hundred and fifty seven, all persons whatsoever taking upon the them to grant certificates in pursuance of this act, or his Ma- in their office, jesty's orders relating thereto, shall set forth in every fuch certificate by virtue of what office he grants fuch certificate, whether as juftice of the peace for any county, city or borough, commiffioner of the land tax, or otherwife; and in case any person shall neglect so to do, such person shall, for every fuch on penalty of offence respectively, forfeit and pay the fum of ten pounds of 101. lawful money of Great Britain, for every such neglect, to be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, with full costs of fuit, wherein no essoin, privilege, protection or wager of law, or more than one imparlance shall be allowed.

tors

XXXIII. And be it further enacted by the authority afore-Justices at 31 faid, That the justices of the peace within their respective divi- their petty sions, at their petty feffions, or the major part of them then feffions to ap and there assembled, within that part of Great Britain called point inspec England, shall have full power and authority to appoint any perfon or persons to be inspector or inspectors of any houses, buildings, grounds, fields and cattle within their faid divisions, to be affistant to the constables, chuchwardens and overseers of the poor, in fuch manner as the justices of the peace at their general quarter sessions are by his Majesty's faid order in council, dated the fecond of March one thousand seven hundred and forty seven, impowered to do.

XXXIV. Provided, That no feller or buyer of any fuch Certificates cattle shall be obliged to take out either of the said certificates, fary where the where buyer and

feller live within five

miles of each other; provided the other regula

where both the feller and buyer live in the same parish, or in the next adjacent parish or place, or within five miles distance of each other.

XXXV. Provided, That the seller of fuch cattle has been in the poffession of the cattle so to be fold forty daysat the leaft before tions are com- fuch sale, and so as the buyer keeps the faid cattle three months plied with.

tion of the

county at

large, to hold

fairs or mar

kets for fale of horned cattle, is to extend to all

at the least, from the time he purchases the fame, and so as the distemper that now rages amongst the horned cattle in this kingdom, be not within the space of ten miles of the feller's abode, and that the seller and buyer live in the fame county, any thing in this act to the contrary notwithstanding.

XXXVI. And whereas the magistrates of some corporations fituated within counties at large, have in fome places prefumed to bold fairs and markets for the fale of borned cattle, when the justices of the peace for the county at large have prohibited fairs and markets to be bolden in the faid county, which in a great measure fruftrates the faid prohibition, and occafions many disputes; be it therefore further

The prohibi- enacted by the authority aforesaid, That from and after the faid first day of June in the year of our Lord one thousand feven juftices for the hundred and fifty seven, where the justices of the peace for any county at large have already, or thall hereafter think proper, to prohibit fairs and markets to be holden for the fale of horned cattle within such county, fuch prohibition shall be deemed and taken to extend to all corporations within such county, or furrounded by or lying contiguous to such county, any charter, corporations privilege or exemption to the contrary notwithstanding; and in within, or con- cafe any such magistrate thall proclaim or give notice, or caufe tiguous to, to be proclaimed or notice to be given, of any fair or market fuch county; for horned beafts, or shall wilfully and knowingly permit any and magistrates offend- horned beasts to be brought into or fold at any fair or market ing againft within his jurisdiction, during, fuch prohibition as aforefaid, Such prohibi- fuch magiftrate shall forfeit and pay the sum of one hundred tion, forfeit sool.

No beast or

hide is to be certified for,

pounds of lawful money of Great Britain, to any person who Thall fue for the fame in any of his Majesty's courts of record at Westminster, wherein no essoin, privilege, protection, wager of law, or more than one imparlance thall be allowed..

XXXVII. And be it further enacted, That from and after the first day of June one thousand seven hundred and fifty feven, no justice of the peace, or other magiftrate of any corporation, or commiffioner of the land tax for such corporation, or rector or vicar within any corporation, shall certify for any horned legal time,&c. beaft but fuch as have been kept within his jurifdiction for the within the jurisdiction of time required by law, nor for the hide of any beast but such as have been flaughtered within his jurifdiction; any thing in any former act to the contrary notwithstanding and in cafe any fuch magistrate shall take upon him to grant certificates, otherwife than as aforelaid, fuch magiftrate shail forfeit and pay the fum otherwife, for of twenty pounds of lawful money of Great Britain, for every

minster, with full costs of fuit, wherein no essoin, privilege, protection, wager of law, or more than one imparlance shall be allowed.

L

XXXVIII. Be it further enacted by this act, That it shall Upon inforand may be lawful for any four or more of the justices of the mation that the distemper peace, of any county within this realm, at their general quart in a neigh ter-fessions, or any adjournment thereof, upon information bouring coungiven to them that the faid distemper is in any neighbouring ty, the juftices county, to prohibit for a certain time, or until the distemper may prohibit fhall cease in such county, any ox, bull, cow, calf, steer or the removal heifer, from being driven or removed, or any hides, skins, or hides from flesh carried from such county, or from any hundred, lathe, thence. wapentake, rape, ward, or other division of fuch county fo infected, into the county so making such order; and in case any person shall act contrary to such order, such person shall incur the penalties and forfeitures enacted against persons driving cattle without certificates.

of cattle or

XXXIX. And be it further enacted by the authority afore- Perfons fued faid, That if action or fuit shall be commenced against any per- on this act, fon or perfons, for any thing done in pursuance of this act, may plead the the defendant or defendants in such action or fuit may plead the general issue. general issue, and give this act and the special matter in evidence, at any trial to be had thereupon; and that the fame was done in pursuance and by authority of this act, or of fome rule, order or regulation made or to be made in pursuance of this act; and if it shall appear fo to have been done, then the jury shall find for the defendant or defendants; and if the plaintiff shall be nonfuited, or discontinue his action after the defendant "or defendants shall have appeared; or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants shall and may recover treble costs, and have Treble costs. the like remedy for the fame, as the defendant or defendants hath or have in other cases by law.

4

XL. And be it further enacted by the authority aforesaid, Continuance That this act shall continue and be in force until the twenty of the act. ninth day of September one thousand seven hundred and fifty feven, and from thence to the end of the then next session of parliament.

CAP. XXI.

An act for the more effectual preservation and improvement of the spawn and fry of fish in the river of Thames, and waters of Medway; and for the better regulating the fishery thereof.

WHEREAS by an act of parliament made and paffed

in the

of the reign of her late majesty Queen Anne, in-9 Anne, c.26.

tituled, An act for the better preservation and improvement of the fithery within the river of Thames; and for regulating and governing the company of fishermen of the faid river; it was enatted, That from and after the tenth day of June one thousand Seven

3

1

Seven hundred and eleven, it should and might be lawful to and for the court of affistants of the faid company, for the time being, or the major part of them present, to make fuch by-laws and ordinances for the good rule and government of the faid company, as they should think fit, so as the fame should be always first approved of, or from time to time altered and amended by the court of the mayor and aldermen of the city of London, and likewise allowed and confirmed according to the form of the ftatute in that behalf made and provided; and that from and after the faid tenth day of June there Mould be yearly elected and chosen by the next court of mayor and aldermen to be held after the tenth day of June, out of the fix wardens of the faid company for the time being, to be nominated by the faid court of assistants, one fit perfon to be a master of the art or mystery of fishermen, and also out of twelve assistants to be nominated as aforesaid, fix fit perfons to be wardens of the faid art or mystery (whereof the water bailiff of the city of London for the time being, to be one) and in like manner, out of fixty of the commonalty, to be nominated as aforesaid, thirty fit persons to be afsistants of the faid company, which faid master, wardens and afsistants, or any fixteen of them, together with three of be said wardens, should be, and were thereby constituted the court of affiftants of the faid company, for the time being; and were required to meet and affemble together, from time to time, on the first Tuesday in every calendar month in the year, in the hall of the said company, in order to form the faid court of assistants, and keep the same for regulating and reforming abuses committed in the faid fishery; and for the due ordering and governance of the faid company: and whereas in pursuance of the said act of parliament, certain by-laws and ordinances were made for regulating the faid fishery, and reforming abuses committed therein, but the said company having ceased to att from about the year one thousand seven hundred and twenty seven, and most of the members thereof being dead, the regulations in the faid fishery intended by the said act have not taken place, and the feveral laws now in force for the preservation of the said fishery, have hitherto proved ineffectual, and by the unwarrantable practices used by fishermen and others, the brood and fry of fish in the faid river and waters of Medway have been greatly burt and destroyed: for remedy whereof and for the better preserving the spawn, fry and young brood of fish in the faid river of Thames, and also in the waters of Medway, so far as the fame are within the jurisdiction of the mayor of the city of London, as confervator of the river of Thames, and waters of Medway, and for preventing the fishing therein with unlawful and unfizeable nets, engines or other devices; and for the afcertaining the times, feafons, and manner of fishing in the fuid river and waters, and the fize and kind of nets and engines to be used in fishing in the faid river and waters; and for regulating the faid fishery, and reforming abuses therein, and for the more speedy and effectual apprehending and punishing the offenders; be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the fame, That the court of the mayor and aldermen of the faid city of London

London for the time being, shall have full power and authority, The court of and they are hereby required on or before the twenty ninth day of mayor and alSeptember in the year of our Lord one thousand seven hundred London, imand fifty seven, to make, frame and set down in writing, such powered to reasonable rules, orders or ordinances, for the governing and re- make rules gulating all perfons who thall fish or drudge in the faid river of for regulating Thames, and also in the faid waters of Medway (within the faid and drudgerjurifdiction of the faid mayor, as confervator as aforesaid) as men in the common fishermen or drudgermen, or otherwife; and for de- Thames and claration in what manner they shall demean themselves in fish- Medway; ing, and with what manner of nets and engines, and at what times and seasons they shall use fishing in the said river and wa ters of Medway, within the jurisdiction aforesaid, and for afcertaining the affize of the several fish to be there taken; and for the preservation from time to time of the spawn and fry of fish in the faid river and waters, within the jurifdiction aforesaid; and for obliging every common fisherman or drudgerman, or other fuch perfon who shall fish with a boat, veffel or craft, from and after the faid twenty ninth day of September one thousand seven hundred and fifty seven, in the said river of Thames, and in the faid waters of Medway, within the jurifdiction aforesaid, to have in his boat, vessel or craft, both his chriftian and furname, and also the name of the parish or place in which he dwelleth, painted in legible and large characters, in some convenient place where any one may fee and read the fame; and for preventing such name or mark of distinction from being changed, altered or defaced; and to annex reasonable penalties and forfeitures for the breach of such rules, orders or ordinances, not exceeding the fum of five pounds for any one offence; and such rules, orders and ordinances, or any of them, from time to time, to alter and amend, and such new and other rules, orders and ordinances, touching the matters aforesaid, with such reasonable penalties and forfeitures (not exceeding five pounds for any one offence) from time to time to make, as to the faid court in their difcretion shall seem meet, for the better putting this act in execution; so as after the making thereof the fame be allowed the rules to and approved of, from time to time, by the lord chancellor of be approved Great Britain, the lord keeper or lords commiffioners of the of by two of great feal, for the time being, the lord chief justice of the court the judges. of King's Bench, the lord chief justice of the court of Common Pleas, the lord chief baron of the court of Exchequer, or any two of them, who are hereby required, on request from time to time to them, or any two or more of them, made by or on the behalf of the faid court of mayor and aldermen, to peruse and examine all such rules, orders or ordinances, as shall, from time to time, be made by the faid court of mayor and aldermen, in pursuance of this act, and laid before the faid lord high chancellor, lord keeper, or lords commiffioners of the great feal, for the time being, the faid lord chief justice of the court of King's Bench, the faid lord chief justice of the court of Common Pleas, the faid lord chief baron, or any two of them, for their