This is to prevent subtenants from delaying the renewal of the principal
lease by refusing to surrender their leases, notwithstanding that they
have covenanted to do so. But the rents and duties of the new subleases
may not exceed those of their former leases.
Any person claiming a remainder, reversion, or expectancy in any estate
upon a person's death, who has cause to believe that that person is dead
and that the death is being concealed by the person's guardian, trustee,
husband, or other person, may request yearly an order in chancery for
the production of such tenant for life. Upon refusal, the tenant for
life shall be deemed dead.
As of 1752, all devices, legacies, and bequests made by will in Great
Britain or the colonies had to be in writing and witnessed by three
witnesses, or would be held void. No witness was to receive anything by
the will that he witnessed.
An accessory before or after the fact of felony may be prosecuted and
tried not only if the principal accused felon has been convicted, but
even if he stood mute or peremptorily challenged over 20 persons to
serve on the jury. The accessories shall be punished the same as if the
principal had been attainted. Buyers and receivers of stolen goods may
be prosecuted and punished if they knew the goods to be stolen, even if
the principal felon has not been convicted. The punishment will be as
for misdemeanor by fine and imprisonment. This is to deter the
counselors and contrivers of theft and other felonies and the receivers
of stolen goods from taking advantage of the former rule that an
accessory could not be convicted or punished unless the principal had
first been attainted. And if any captain or mariner or other officer
belonging to any ship willfully casts away, burns, or otherwise destroys
that ship to the prejudice of its owners or merchants loading goods onto
the ship, he shall suffer death as a felon.
Journeymen shoemakers or employees of such who sell or pawn boots,
shoes, slippers, cut leather or other materials for making such goods
which are not his proper goods, or exchange for worse good leather which
has been entrusted to them, shall for the first offense, recompense the
injured person, or if his goods are insufficient for distress, may be
whipped. For the second offense, he shall be sent to hard labor in a
House of Correction for 14-30 days. A person who buys or receives or
takes in pawn such goods shall suffer the same penalties. Justices of
the Peace may issue warrants to search houses and buildings in the
daytime if there is "just cause to suspect" such goods therein based
upon information given to him under oath.
Anyone employed in the working up of woolen, linen, fustian, cotton, or
iron manufacture who embezzles or purloins any materials for their work
shall forfeit double the value of the damages done and anyone convicted
thereof may be put into the House of Correction until he pays, or if he
can't pay, to be publicly whipped and kept at hard labor for no more
than 14 days. Persons convicted of buying or receiving such materials
shall suffer like penalties and forfeitures as one convicted of
embezzling or purloining such materials. Laborers employed in such
manufacture must be paid in coin and not in cloth, victuals, or
commodities in lieu thereof. Leatherworkers were added with a penalty of
up to double the value. Later this statute was amended to include a
penalty for the second offense of forfeiture of four times the value, or
else hard labor at a House of Correction for 1-3 months and whipping
once or more in the market town. Like penalties were given for buyers of
such material knowing it to be false. One who neglected finishing and
delivering such goods because he was leaving this employment was to be
sent to the House of Correction for up to one month.
The penalty for possessing or offering to sell any hare, pheasant,
partridge, moor or heath game or grouse by any carrier, innkeeper,
victualer, or alehouse keeper is 5 pounds, 1/2 to the informer, and 1/2
to the poor of the parish. If unable to pay, the offender shall be
placed in the House of Correction for three months without bail.
Unauthorized persons keeping or using greyhounds, setting dogs, or any
engine to kill game shall suffer the same penalties. In 1770, anyone
killing hare at night or using any gun, dog, or other engine to take or
kill or destroy any hare, pheasant, partridge, moor game, heath game, or
grouse in the night shall be whipped and also go to gaol or the House of
Correction for 3-6 months without bail for the first offense, and for
6-12 months without bail for any further offense. If such occurs on a
Sunday, the offender must forfeit 20-30 pounds or go to gaol for 3-6
months. In 1773, no one may kill or take or possess any heath fowl or
any grouse except at a limited period during the year.
Each manor may have only one gamekeeper allowed to kill game such as
hare, pheasant, partridge and only for his household's use. This
gamekeeper must be either qualified by law or a servant of the land's
lord. Other persons possessing game or keeping a greyhound or setting
dogs or guns or other devices to kill game must forfeit them and five
pounds.
Anyone killing or attempting to kill by shooting any house dove or
pigeon shall forfeit 20s. or do hard labor for one to three months.
Excepted are owners of dove cotes or pigeon houses erected for the
preservation and breeding of such.
A gamekeeper or other officer of a forest or park who kills a deer
without consent of the owner must forfeit 50 pounds per deer, to be
taken by distress if necessary, and if he can't pay, he is to be
imprisoned for three years without bail and set in the pillory for two
hours on some market day. A later penalty was transportation for seven
years. Anyone pulling down walls of any forest or park where deer are
kept, without the consent of the owner, must forfeit 30 pounds and if he
can't pay, he is to be imprisoned for one year without bail and spend
one hour in the pillory on market day. Later, the killing of deer in
open fields or forests was given the same penalties instead of only the
monetary penalty prescribed by former law (former chapter). The penalty
for a second offense was given as transportation for seven years. Anyone
beating or wounding a gamekeeper with an intent to kill any deer in an
open or closed place was to be transported for seven years.
Anyone who apprehends and prosecutes a person guilty of burglary or
felonious breaking and entering any house in the day time shall be
rewarded 40 pounds in addition to being discharged from parish and ward
offices.
Justices of the Peace may authorize constables and other peace officers
to enter any house to search for stolen venison. Any person apprehending
an offender or causing such to be convicted who is killed or wounded so
as to lose an eye or the use of a limb shall receive 50 pounds. Any
person buying suspect venison or skin of deer shall produce the seller
or be punished the same as a deer killer: 30 pounds or, if he couldn't
pay, one year in prison without bail and one hour in the pillory on
market day. An offender who discloses his accomplices and their
occupations and places of abode and discovers where they may be found
and they are subsequently convicted, shall be pardoned.
All persons pretending to be patent gatherers or collectors for prison
gaols or hospitals and all fencers, bearwards, common players of
interludes, minstrels, jugglers, and pretended gypsies, and those
dressing like Egyptians or pretending to have skill in physiognomy,
palm-reading, or like crafty science, or pretending to tell fortunes,
and beggars, and all persons able in body who run away and leave their
wives or children to the parish shall be deemed rogues and vagabonds.
Apprehenders of such persons bringing them before a Justice of the Peace
may be rewarded 2s. Any constable not apprehending such shall forfeit
10s. Persons wandering outside the place determined by a Justice of the
Peace to be his settlement may be whipped on the back until it is bloody
or sent to hard labor at a House of Correction. If he was dangerous and
incorrigible, for instance as indicated by swearing falsely before a
Justice of the Peace, he could suffer both punishments with the whipping
being on three market days. If he escaped from the House of Correction,
it was felony. If he has been absent for more than two years, he could
be put out as an apprentice for seven years in the realm, in the
colonies, or in a British factory beyond the seas. Included later were
performers for gain from outside their parish of any play, tragedy,
comedy, opera, farce or other entertainment of the stage, including
performances in public places where wine, ale, beer, or other liquors
are sold, or else forfeit 50 pounds. Exempted were performances
authorized by the king in Westminster.
Unlicensed places of entertainment are deemed disorderly (like bawdy
houses and gaming houses) because they increase idleness, which produces
mischief and inconvenience. Persons therein may be seized by a
constable. Persons keeping such a place shall forfeit 100 pounds. No
licensed place of entertainment may be opened until 5:00 p.m.
Later there was an award of 5s. for apprehending a person leaving his
wife and children to the parish, living idly, refusing to work at going
rates, or going from door or placing themselves in the streets to beg.
This includes begging by persons who pretend to be soldiers, mariners,
seafaring men, or harvest workers. These rogues and vagabonds shall be
sent to hard labor at a House of Correction for up to one month. The
real soldiers, mariners, seafaring men, and harvest workers shall carry
official documents indicating their route and limiting the time of such
passage.
Persons pretending to be lame who beg are to be removed. If he comes
back to beg, his back may be whipped until bloody. If a constable
neglects this duty, he shall forfeit 10s.
Masters of ships bringing in vagabonds or beggars from Ireland or the
colonies shall forfeit five pounds for each one. This money shall be
used for reconveying such people back at a price determined by a Justice
of the Peace. A master of a ship refusing to take such a person shall
forfeit five pounds. These vagabonds and beggars may be whipped.
Anyone who profanely curses or swears shall suffer the following
penalties: day laborer, common soldier, common sailor, common seaman -
1s., anyone else below the degree of gentleman - 2s., gentlemen and
above - 5s., and for the second offense, a double fine, for further
offense, a treble fine. If a person can't pay, he shall be put to hard
labor at a House of Correction for ten days, or if a common soldier,
common sailor, or common seaman, he shall be set in the stocks for 1-2
hours. This is to prevent the provocation of divine vengeance.
Anyone setting up or maintaining lotteries or deceitful games must
forfeit 200 pounds, or go to prison up to 6 months. Any one who plays at
such, such as by drawing lots or using cards or dice, must forfeit 50
pounds. Sales of lottery items, such as houses, lands, plate, jewels, or
ships, are void and these items will be forfeited to any person who
sues. Such have caused many families to become impoverished, especially
through their children or through the servants of gentlemen, traders,
and merchants. Backgammon games are exempt. Later, People who lost up to
ten pounds in deceitful gaming were allowed to sue to recover this money
from the winners. Also, anyone winning or losing ten pounds at one time
or twenty pounds within 24 hours shall be fined five times the value of
such. Offenders discovering others, who are convicted, are indemnified
from all penalties and shall be admitted to give evidence.
No one may run more than one horse, mare, or gelding in a horse race.
No prize may be under 50 pounds value. This is because a great number of
horse races for small prizes have contributed to idleness, to the
impoverishment of the meaner sort of people, and has prejudiced the
breed of strong and useful horses.
Wagers and agreements in the nature of puts and refusals relating to
prices of stocks or securities are void. Those making or executing such
agreements must forfeit 500 pounds. Those selling stock which one does
not possess must forfeit 500 pounds. Brokers negotiating such agreements
must forfeit 100 pounds.
Only a person with an interest in the life or death of another may have
insurance on this other, to prevent the mischievous kind of gaming that
has been introduced.
Apples and pears may not be sold by any measure other than a standard
water measure, or else forfeit 10s., one-half to the informer, and
one-half to the poor, except for measures sealed by the Company of
Fruiterers. This is to decrease the suits between buyers and sellers.
There shall be enough silver and gold on silver and gold plated silk
thread and wire so that it does not crumble off, thereby wasting the
bullion of the nation. This is also to encourage its export by making it
competitive in trade with such foreign articles, which may not be
imported.
Malt to be sold or exported must not be fraudulently mixed with
unmalted grain to lower duties payable or else forfeit 5s.
Any one who adulterates coffee with water, grease, butter, and such
shall forfeit 20 pounds, 1/2 to the king, and 1/2 to the suer.
Walnut tree leaves, hop leaves, sycamore leaves and such may not be
made to imitate tobacco leaves for sale or else forfeit 5s. per pound.
Persons near London may not make unsound, hollow, or improperly heated
bricks.
Makers of narrow woolen cloths must weave or set in the head of every
piece his initials or else forfeit one pound. This is to prevent frauds
and abuses, particularly in stretching and straining the cloth. The
fulling mill owner must append his seal of lead with his name and with
his measurements. The searcher to be appointed must measure such cloths
when wet for conformity to standard measurements and append his seal
with his measurements. He may also inspect any places he chooses.
In 1774, any wool-making employee not returning all working tools and
implements and wool and all materials with which entrusted back to his
employer, or who fraudulently steams, damps, or waters such wool, or who
takes off any mark on any piece of cloth, shall go to the House of
Correction for one month. If he absconds with or sells such or anyone
fraudulently buys or receives such from him, a search warrant may be
issued to seize any other such tools or material. If found, the
possessor may be brought to account before a Justice of the Peace, and
if his account is not satisfactory, he shall forfeit such. A search
warrant may also be issued for houses on "just cause to suspect" by oath
of a credible witness. For a second offense, the penalty is up to three
months in a House of Correction. For a third offense, the penalty is up
to six months in a House of Correction and public whipping.
Bakers must mark their bread with W for white, WH for wheaten, and H
for household or else forfeit 20s. to the informer. In 1758, a new
assize of bread set prices for rye, barley, oats, and beans by the
bushel. The prices for the three qualities of wheat, for wheaten (prized
and unprized), and for household grain by the bushel were to be
determined from within a statutory range by the local Mayor or Justice
of the Peace. Mayors and Justices of the Peace were to determine a fair
profit for their local bakers for all the types of bread. A miller,
mealman, or baker adulterating bread was to forfeit 40s. 10 pounds, part
of which money could be used in publishing his name, abode, and offense
in the local newspaper. Later, there was a forfeiture of 1-5s. for every
ounce underweight. Household bread was to be 1/4 cheaper than wheaten or
forfeit 10-40s. Bread inferior to wheaten was not to be sold at a price
higher than household or else forfeit up to 20s. If the forfeiture was
not paid, it could be levied by distress, or otherwise the offender was
to spend one month in gaol or a House of Correction.
Straw to be sold in London must be sound, firmly bound in a truss, and
of a given weight or else forfeit it and 20s. if no truss, and 1s. if in
truss but underweight or of mixed quality. Handlers must keep registers
of sellers, buyers, weights, dates of sale, and prices or else forfeit
10-20s.
Frame-work knitted pieces and stockings shall be marked with the
correct number of threads by the master, frame-work knitter, or master
hosier, or forfeit the goods and 5 pounds. If a journeyman apprentice,
or servant employ does not mark correctly, he shall forfeit the goods
and 5s.-40s. Sellers of such shall forfeit the goods and 5 pounds per
piece.
At every fishing season, the quantity of salt, foreign or domestic,
used by a proprietor for curing fish for export shall be accounted and
sworn to so that it can be compared with the quantity of fish exported
by the proprietor to ensure that the salt duties are fully paid, or else
forfeit 40 pounds. If such salt is sold for other uses than curing fish,
the proprietor is to forfeit 20s. per bushel sold and the users thereof,
to forfeit 20s. per bushel bought, delivered, or used. If one can't pay,
he is to be whipped and put to hard labor in a House of Correction for
up to three months.
Agreements between coal owners, lightermen, fitters, master or owners
of ships, hindering the free sale, loading, and unloading, navigating,
or disposing of coals are illegal, null, and void. This is engrossing
and has caused the price of coals to go up.
No coal trader or dealer may use his own lighters, barges, or other
vessels to carry coals on the Thames River to and from any ship and to
and from any wharf, dock, or creek because this has impaired the
business of the watermen and wherrymen, whose vessels must now be
registered and display such mark on their hulls. No lightermen nor
buyers of coals may act as agent for any master or owner of a ship
importing coals into London or else forfeit 200 pounds, because this
combination has caused the price of coal to go up. Selling one sort of
coal for another is punishable by forfeiture of 500 pounds. Only
standard size coal sacks may be used for selling coal and they must be
sealed and stamped by an official at the Guildhouse before sale. The
mayor and aldermen of London may set the price of coals coming into this
port. In other areas, Justices of the Peace set the prices of coals
which allowed "a competent profit". If a merchant refused to sell at
that price, the Justice of the Peace could authorize seizure and sale by
officers.
Later, coal measurers must give the coal cart driver a ticket with the
name of the sellers and consumers, the quantity and quality of the coal,
its price, the date of sale, and the name of the cart driver or else
forfeit 5 pounds. The cart driver must give this ticket to the consumer
or forfeit 5 pounds. If coal is carried by cart without a ticket, the
seller forfeits 50 pounds and the driver 5 pounds.
Any owner of timber trees, fruit trees, and other trees used for
shelter, ornament, or profit, which are cut down or otherwise destroyed
shall be made good by his parish or town, as is an owner of hedges and
dikes overthrown by persons in the night. In 1765, anyone cutting down
or destroying any oak or other timber trees at night shall forfeit up to
20 pounds for the first offense, up to 30 pounds for the second offense,
and shall be transported to the colonies for seven years for any further
offense. Anyone digging up or destroying or carrying away any root,
shrub, or plant worth up to 5s. in a garden, nursery, or other enclosed
ground at night shall forfeit up to 2 pounds for the first offense, up
to 5 pounds for the second offense, and shall be transported to the
colonies for seven years for any further offense. Anyone not paying is
to be gaoled. Aiders and buyers who know the item was stolen shall incur
the same penalties. Later, many other types of trees, such as beach,
ash, elm, cedar, and walnut were included as timber trees, and hollies,
thorns, and quicksets included as plants.
Any person using violence to hinder the purchase or transportation of
grain, e.g. by beating or wounding a buyer; beating or wounding the
driver or horse of a cart loaded with wheat, flour, meal, malt, or other
grain, or cutting the harness of or driving away the horse, or cutting
or carrying away the sacks of grain is to be put in the common gaol or
House of Correction with hard labor for 1-3 months, and whipped in the
market place between 11:00 and 2:00. The penalty for a second offense or
for destroying a storehouse or granary where grain is kept to be
exported or for taking or spoiling such grain, or for throwing such off
a ship or vessel is transportation for seven years. The hundreds
concerned are to pay damages up to a total of 100 pounds, but only if
notice is given to the constable within two days and there is an oath
and examination before a Justice of the Peace within ten days of the
owner or his servants. If any offender is convicted within a year, the
hundreds are released.
Anyone who steals at night any cloth or wool or woolen goods set out to
dry on racks shall forfeit treble damages, or if he can't pay, be sent
to prison for three months without bail. For the second offense, he
shall forfeit treble damages and be sent to prison for six months
without bail. For the third offense, he shall be transported for seven
years. Upon complaint, a Justice of the Peace may authorize a constable
or other peace officer to enter and search houses, outhouses, yards, and
gardens of a person suspected by the owner. This person shall account to
the Justice of the Peace and may bring a witness to his purchase of the
items. If the account is unsatisfactory, he shall be penalized.
Anyone taking linens, fustians, or cottons set out for whitening,
bleaching, or printing up to the value of 10s. in lands, grounds, or
buildings may be transported for seven years. Later, this penalty was
increased to death without benefit of clergy or transportation for
fourteen years.
Anyone stealing or maliciously pulling up or destroying any turnips on
a person's land must pay damages or go to gaol for up to one month. He
may be whipped. The penalty for a second offense is three months in a
House of Correction. This statute of 1750 was, in 1773, extended to
include potatoes, cabbages, parsnips, peas, and carrots. A penalty up to
10s. was added. Evidence of the owner was to be taken.
In 1769, anyone who steals a dog or receives such knowing it to be
stolen shall forfeit 20-30 pounds for the first offense, and 30-50
pounds for the second offense or go to gaol or the House of Correction
for 12-18 months and be publicly whipped there. Search warrants may be
issued to search for stolen dogs or their skins. One-half of the
forfeiture will go to the informer.
Officers of the revenue who collude with importers to return to them
goods which have been seized for nonpayment of duties shall forfeit 500
pounds and lose office, unless they disclose their accomplices within
two months. The importer shall forfeit treble the value of such goods.
Any ship not more than 50 tons hovering on the coast with customable or
prohibited goods may be boarded by a customs officer, who may demand
bond for treble the value of the goods.
In 1724, persons contracting with artificers and manufacturers of wool,
iron, steel, brass, and other metals, clockmakers, or watchmakers, to go
to a foreign country and there receive greater wages and advantages
shall forfeit 100 pounds and spend 3 months in prison for the first
offense, and shall forfeit a sum determined by the court and spend 12
months in prison for the second offense. An artificer or manufacturer
not returning after warning is given by the ambassador is to forfeit
hereditaments, goods, and lands and to be deemed an alien. Later, in
1750, cotton and silk were included and the penalty was increased to 500
pounds and 12 months in gaol for the first offense, and 1000 pounds and
2 years in prison for the second offense. Also, anyone exporting tools
of wool or silk manufacture was to forfeit the tools and 200 pounds.
This statute was strictly enforced. In 1774, tools of cotton and linen
manufacture were included.