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justice_n city_n county_n say_a 4,307 5 7.4484 4 false
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A50665 Land-lords law a treatise very fit for the perusal of all gentlemen and others : being a collection of several cases in the law concerning leases, distresses, replevins, rescous, waste, and several other matters which often happen between land-lord and tenant, as appears in the contents of the several chapters / by G. Meriton ... Meriton, George, 1634-1711. 1665 (1665) Wing M1803; ESTC R19512 77,063 192

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grieved so much as the Justice or Head-Officer shall set down and in case the party offending be not able to pay it or do it not according to Order then the Offender is by them or either of them respectively to be committed to the Constable or other Officer of the Place where the Offence was committed or the party apprehended to be whipped and so for every Offence afterwards and proved as aforesaid the Offender is to have the like punishment of Whipping If the Constable refuse or neglect to whip the Offender any such Justice of Peace or Head-Officer may commit him to Prison without Bail till he whip or cause to be whipped the party offending as is above declared No Justice may execute this Statute for Offences done to himself unless he be associated with one or more Justices of Peace whom the Offence doth not concern Stat. 43. El. ch 7. Now the Statute of the 15. Car. 2. is an Additional Act to this as follows That every Constable Head-borough or other person in every County City Town Corporate or other place where they shall be Officers or Inhabitants shall have power to apprehend or cause to be apprehended such as they suspect for having or carrying or any waies conveying any Burthen or Bundles of any kinde of Wood Under-wood Poles or young Trees Bark or Bast of Trees or any Gates Styles Posts Pales Rails or Hedg-wood Broom or Furze If any person be suspected to have any such Woods Under-woods c. any Officer by Warrant under the hand and Seal of one Justice may enter by virtue thereof into the Houses Out-houses Yards Gardens or other places belonging to such persons and wheresoever they finde any such they may apprehend those persons and also those who are suspected to have cut and taken the same and carry them before a Justice of the Peace of the County City c. and if he in whose custody such Wood c. is found cannot give a good Account which may be satisfactory to the Justice how he came by the same with the consent of the Owner or do not within a convenient time set down by the Justice produce the party of whom he bought the same Wood Under-wood c. or some other credible Witness to depose upon Oath such Sale of the said Wood Under-wood c. which the Justice may administer that then the said person shall be deemed convict of the said offence of cutting and spoiling of the same Woods Under-woods c. within the meaning of the before-recited Statute of the 43. of Eliz. and be liable to the punishment therein contained and to pay over and above down presently to the use of the Overseers of the Poor of the place where the Offence is committed for the First Offence such a summe not exceeding 10s as the Justice shall appoint And if the Offender shall not perform the Justice's Order herein to the Owner and also to the Overseers of the Poor then the Justice is to commit him to the House of Correction for so long not exceeding one Moneth as he shall think meet or to be whipt by the Constable or other Officer as the Justice shall judge most expedient And if such person shall again offend in the like kinde and be convicted as before then he must be sent to the House of Correction for one Moneth and be there held to hard Labour And if he do offend the third time and be convicted as before then he shall be taken adjudged and deemed as an Incorrigible Rogue If any buy any Burthens of Wood c. as before named which may be justly suspected to have been stoln or unlawfully come by any Justice Mayor Bailiff or Head-Officer within his Jurisdiction may upon complaint to him made examine the matter upon Oath which they may administer and if he find that the same was bought of one that may be justly suspected to have stoln or unlawfully come by the same he may then order the party that bought the same to pay Treble the value to the party from whom they were stoln or unlawfully come by and in default of present payment thereof issue out his Warrant to levy the same by Distress and Sale of the Offender's goods rendring the overplus to the owner of such goods and for lack of such distress to commit the party to the Gaol there to remain without Bail for the space of one Moneth at his own charges Note that no man is to be punished by this Law that hath been punished by a former Law for the same Offence nor is any man to be questioned for any offence in this Statute unless he be questioned for the same within six weeks after the Offence is committed FINIS