reign of his late majesty king George the third, for that he the did, on the day of said wood grounds of belonging to last, go into the of in the parish of in the county aforesaid, and then and there [state the facts] not then having the consent of the said the owner of the said wood, nor of any other person entrusted with the care thereof; for which offence the said was by me the said justice ordered to forfeit and pay the sum of together with further charges and expenses previous to and attending the said conviction, this being his Given, &c. offence. No. 10. Information for Robbing a Garden or Orchard, on 43 Eliz. c. 7. s. 1. County of The information and complaint of of made on to wit. day of oath before me W. R., esquire, one of his majesty's justices of the peace in and for the said county, the in the year of our Lord one thousand eight ; who says, that on the day of hundred and instant, his garden [or orchard, or as the case may be] in the parish of of situated at in the said county, was robbed by in the said county, labourer, who took and carried away from the fruit trees growing in the said garden [or orchard, as the case may be,] a large quantity of apples, [or as the case may be] (the same not being felony by the laws of this realm) contrary to the form of the statute in such case made and provided: and thereupon the said prays the judgment of me the said justice in the premises. Before me Whereas information and complaint upon oath have been made before me W. R. esquire, one of his majesty's justices of the peace in and for the said county, by garden [or orchard, as the case may be] situated at in the parish of in the said county, was robbed by county, labourer, who took and carried trees growing in the said garden [or may be,] a large quantity of apples, [or (the same not being felony by the laws of this realm,) contrary to the form of the statute in such case made and provided. These are therefore to require you to apprehend the said and bring him before me at in the said county, on the hour of in the the day of instant, at noon, to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail not. the day of eight hundred and Given under my hand and seal in the year of our Lord one thousand No. 12. Conviction and Sentence of Whipping, for cutting and spoiling Faggot Wood, under 43 Eliz. c. 7. 15 Car. 2. c. 2. s. 3. County of to wit. Britain, &c. at the parish of day of Be it remembered, that on this in the year of the reign of his present majesty George the fourth, king of Great in the said county of W. S., of in the said county, yeoman, and A. A., of the same place, spinster, are by R. S., constable of the division of in the said county, brought before me W. R., esquire, one of the justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the said county of and also to hear and determine divers felonies, trespasses, and other misdemeanors done and committed in the said county: And the said W. S. and A. A. are now here charged, and each of them is now here charged before me the said justice, by H. W., of the parish of aforesaid, in the said county, with unlawfully cutting and spoiling faggot wood, the property of him the said H. W. in the division of aforesaid, in the county aforesaid, on the day of this present month of against the form of the statute in that case made and provided. And thereupon, in the presence of the said W. S. and A. A. the said H. W. a credible witness in this behalf, now here upon his oath on the holy gospel of God, to him now here by me the said justice duly administered (I the said justice being duly authorized and empowered to administer an oath to the said H. W.) deposeth, sweareth, and upon his oath saith, that he the said H. W. on the day of this present month of W. S. in the parish of in the house of the said aforesaid, in the said county of did find one bundle of faggot wood, and several sticks of wood, and that the said faggot wood was the property of him the said H. W. And thereupon also comes now here before me the said justice, J. S. of the parish of aforesaid, in the said county, carter, another credible witness in this behalf, and upon his oath on the holy gospel of God, to him by me the said justice duly administered (I the said justice being duly empowered and authorized to administer the said oath to the said J. S. in this behalf) deposeth, sweareth, and upon his oath saith, in the presence of the said W. S. and A. A. that he the said J. S. on the day of this present month of at the parish of aforesaid, about eight o'clock in the evening of that day, saw the said W. S. and A. A. together, and that each of them then and there had and were carrying a bundle of faggot wood. And the said W. S. and A. A. having been informed by me the said justice of the said charge, and having heard the evidence aforesaid by the said H. W. and J. S. given as aforesaid, they the said W. S. and A. A. are asked by me the justice aforesaid, if they or either of them can say any thing for himself or herself, why he or she should not be convicted of the premises aforesaid above charged upon them in form aforesaid. But they the said W. S. and A. A. do not, nor do either of them now here give a good account, or such account as satisfies me the said justice how they or either of them came by the said bundles of faggot wood, or that they came by the same by and with the consent of the owner thereof, nor do they the said W. S. and A. A. nor doth either of them produce the party or parties of whom they the said W. S. and A. A. or either of them bought the said wood, or any other credible witness to depose upon oath such sale of the said wood, nor do they nor doth either of them request of me the said justice any time to be set them by me the said justice to produce the party or parties of whom the said W. S. and A. A. or either of them bought the said wood, or any other credible witness to depose upon oath such sale of the said wood. Whereupon it appears to me W. R. the justice aforesaid, that the said W. S. and A. A. are guilty of the said offence of unlawfully cutting and spoiling the said wood within the true intent and meaning of the statute in that case made and provided, contrary to the form of the statute in that case made and provided. Therefore it is considered by me the said afore(within justice, and I do hereby adjudge, that the said W. S. and A. A. are and each of them is guilty of the said offence of cutting and spoiling the said wood within the intent and meaning of the statute in that case made and provided; and the said W. S. and A. A. are and each of them is now hereby convicted thereof. And insomuch as the said H. W. now here before me the said justice, waives and relinquishes all right to any satisfaction from the said W. S. and A. A. or either of them, for the said wood, or any part thereof, as owner thereof, I the said justice do hereby order and adjudge, that the said W. S. and A. A. do and shall, each of them, presently pay down to the overseers of the poor of the parish of said, for the use of the poor of the parish of which said parish of the said offence was committed) the sum of ten shillings. But in as much as they the said W. S. and A. A. do not pay the said sum of ten shillings to the said overseers of the poor of the parish of H. aforesaid, nor doth either of them pay the said sum of ten shillings to the said overseers of the poor of the parish of H. aforesaid, but allege and affirm that they are and each of them is wholly unable to pay, and cannot pay the same, I do order and adjudge, that they the said W. S. and A. A. and each of them be immediately whipped by the constable of the said parish of according to the form in that case made and provided. In witness whereof I the said justice have hereunto set my hand and seal this year of his pre sent majesty. day of in the said No. 13. Conviction for unlawfully digging up Fruit Trees, under 43 Eliz. c. 7. s. 1. County of Be it remembered, that on the day of the year of the reign of our soveto wit. reign lord George the fourth, king of Great Britain, &c., at the parish of in the said county of in his own proper person came before me W.R., esquire, being one of the justices of our lord the now king, assigned to keep the peace of our said lord the king in and for the said county of and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed; and gives me to understand and be informed, that one of the parish aforesaid, in the county aforesaid, labourer, being an idle person, on the day of now last past, did dig up, pull up, and take away divers fruit trees, (to wit,) ten cherry trees,* of and belonging to the said then standing, growing, and being in and upon a certain [orchard] of the said situate and being at the parish aforesaid, in the county aforesaid, and carry the same away, contrary to the form of the statute in such case made and provided; and thereupon afterwards (to wit,) on the said in the year aforesaid, the said before me in the presence of the said day of being duly brought to answer the said complaint in the said information charged against him, and having heard the same, he the said saith that he is not guilty of the said offence; whereupon, I the said justice do now proceed to examine into the truth of the complaint in the said information mentioned in the presence and hearing of the said and the said ; and thereupon on the same day and year last aforesaid, at the parish aforesaid, in the coun ty aforesaid, a credible witness in this behalf comes in his proper person before me the said justice to prove the said charge contained in the said information, against the said and is now here before me the said justice, sworn and doth take his corporal oath upon the holy gospel of God to speak the truth, the whole truth, and nothing but the truth, touching and concerning the matters contained in the said information, (I the said having sufficient and competent power and authority to administer such oath to the said said being so sworn, does on his said oath depose and say in the presence and hearing of the said said did on the said day of ,) and the that he the see the said dig up, pull up, and take up the said trees respectively in the said information mentioned, in the said orchard, in the said information also mentioned, and having heard the said aforesaid, and having heard and examined divers witnesses upon oath, produced by the said in his defence, it manifestly as appears to me the said justice, that the said witnesses so produced by the said as aforesaid, do not, nor does the said by any other evidence whatever, in any wise contradict the said proof so produced against him the said as aforesaid; and it also manifestly appears to me the said justice, that the said is guilty of the premises charged upon him in and by the said information. Therefore, it is considered *Not ascertaining the number would be bad. Rex v. Burnaby. 2 Ld. Raym. 900. 1 Salk. 160. |