Page images
PDF
EPUB

rongfully or maliciously, and without the consent of the own. or person chiefly entrusted with the care of the above men. oned premises, commit any of the offences restrained by the d acts of 1 Geo. 1. stat. 2. c. 48. or 6 Geo. 1. c. 16, two tices or the justices in sessions, on complaint made by the abitants of such parish or place, or by the owner of the wood trees, or any other, may cause the offender to be approded, and hear and determine the offence; and on convicn, shall commit (VI) the offender to the house of correction hard labour for three months; and where there is no house correction, then to the prison for four months; and shall order the offender to be publicly whipped by the master uch house of correction, once a month during such three ths, in the borough or corporation, if the offence be com ted therein; or in the market town where the house of rection stands, or in the market town next adjacent to house of correction, on the market day; and in the aty where such offence shall be committed, on the market

(VI) Form of the commitment.

mouthshire.

{

Whereas O O of

To the constable of

and to the

keeper of the house of correction at in the said county.

in the county aforesaid, labour

is this day duly convicted before us F J, & S J, esquires, o of his majesty's justices of the peace in and for the said inty, for that he the said 00, on the

day of now last past, at aforesaid, in the coun oresaid, did wrongfully and maliciously cut down two oak es [or as the case is] the property of P G of

hout the consent of him the said P G the owner thereof, of any other person chielly entrusted with the care and tody thereof: We the said "jastices do therefore hereby mand you the said constable to convey the said O O to the I house of correction at aforesaid, in the county resaid, and to deliver him to the keeper thereof, together this precept: And we do also hereby require you the keeper of the said house of correction, to receive him the 00 into your custody in the said house of correction, and there keep to hard labour for the space of three months, next ensning, and until he shall find suflicient sureties his good behaviour for two years; and we do hereby oryou the said keeper of the said house of correction pubto whip him the said O O once in every month during the three months, in the market town of -- in the said aty, on the market day there, between the hours of eleven two. And for so doing this shall be your sufficient cant.— Given under our hauds and seals at day of

e said county, the

in the year of our

5. Destroying trees growing

on wastes.

6 Destroying timber trees in forests of ehases.

day, between the hours of eleven and two; and where there is no house of correction, the said justices shall order him to be whipped by the common hangman, once a month, during such four months, on the market day of any borough or corporation, where such offender shall be committed; or on the market day of some town between the hours of eleven and two o'tlack. 1 Geo. 1. stat. 2. c. 48. s. 2. 6 Geo. 1. c. 16. s. 2.

And before such offender shall be discharged, he shall ind sufficient sureties for his good behaviour for two years, 1 G. 1. stat. 2. c. 48. s. 2. 6 Geo. 1. c. 16. s. 2.

Also, by 29 Geo. 2. c. 36, if any person shall unlawfully cut, take, destroy, break, throw down, bark, pluck up, burn, d face, spoil or carry away, any tree, growing in any waste,wood, or pasture, in which any person or body politic hath right af common, every such offender shall be in like manner convict ed of such offence, and incur the like penalty as is directed by 6 Geo. 1. c. 16. s. 6.

And the parties may take their remedy for damages, either against the parish or place where the offence shall be committed according to the above acts. 1 Geo. 1. c. 48, and 6 G. 1. c. 36. or on the hundred, according to the stat. 9 Geo. 1. c. s. 7*, as to them shall seem most meet. s. 9.

By 6 Geo. 3. c. 48, every person who shall wilfully or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or car, any limber tree, or any tree likely to become timber, any part thereof, or the lop or tops thereof, without the t of the owner thereof first had, or in any of his majesty's rests or chases, without the consent of the surveyor, of deputy, or person entrusted with the care of the same, shall be thereof convicted upon the oath of one witness, fore one justice, shall, for the first offence, forfeit not ceeding 201. together with the charges previous to and tending such conviction, to be ascertained, by such justic and upon non-payment thereof, such justice shall commit offender to the common gaol, for not exceeding twelve, less than six months, or until the penalty and charge paid-and if any person so convicted shall be guilty of like offence a second time, and shall be thereof convicted like manner, such person shall forfeit pot exceeding 30% gether with the charges attending such conviction; upon non-payment thereof, such justice shall commit the ef der to the common gaol, for not exceeding eighteen, not than twelve months, or until the penalty and charges be pa and if any person so convicted shall be guilty of the like fence a third time, and shall be thereof convicted, such son shall be guilty of felony, and the court before whom shall be tried, shall transport such person for seven years. 4

* See this act under FELONY without clergy,} Black .Act.

[ocr errors]

like.

And all oak, beech, chesnut, walnut, asp, elm, cedar, fir, sh, lime, sycamore, birch (poplar, alder, larch, maple, nd hornbeam trees, 13 Geo. 3. c. 33), shall be deemed timer trees, within the meaning of this act. s. 2. Also every person who shall go into the woods, under-7. Destroying woods, or wood grounds, of any of his majesty's subjects, underwoods, ot being the owner thereof [or into any of his majesty's hollies, or the rests or chases, 9 Geo. 3. c. 41. s. 8, or any of the wood or wood' rounds belonging to his majesty in Great Britain as well n right of his duchy of Lancaster, as otherwise, and whether uch wood or wood grounds be in any of his majesty's forests or huses or not, 45 Geo. 3. c. 66, s. 1], and shall there cut, op, top, or spoil, split down, or damage, or otherwise de troy, any kind of wood or underwood, poles, sticks of wood, reen stubs, or young trees, or carry or convey the same away or shall by night or day cut down, destroy, take, carry, r convey any hollies, thorns, or quicksets, there growing or eing,' 9 Geo. 3. c. 41, s. 8.), or shall have in his custody any ind of wood, underwood, poles, sticks of wood, green stubs r young trees (or any such hollies, thorns, or quicksets, Geo. 3. c. 41. s. 8), and shall not give a satisfactory acount how he came by the same, and shall be thereof conicted before one justice, on the oath of one witness, shall or the first offence forfeit not exceeding 40s. together with he charges attending such conviction; and if the same be not orthwith paid on conviction, the justice shall by warrant ommit him to the house of correction for one month, to hard thour, and to be once whipped there ;-and if any person hall commit any of the offences aforesaid a second time, he hall forfeit not exceeding 57. together with the charges atending such conviction; and if the same be not forthwith paid

conviction; the justice shall by warrant commit him to he house of correction for three months, and to be whipped here once in every one of the said three months;—and if a hird time, such person convicted thereof shall be deemed an ncorrigible rogue, and punished as such. s. 4, 6.

And the justices for the counties, cities, ridings, divisions, ›r places wherein any offences against this act shall be done, re to put this act in execution.

8. 5.

And one moiety of all forfeitures, not otherwise directed, shall go to the informer, and the other to the person aggrieved.

i. 8.

And if any person shall hinder, or attempt to prevent, the seizing or securing any person employed in carrying away any such timber or other trees, such person shall forfeit 10%. to the person who shall convict such offender; and if not paid on conviction, the person convicted shall be committed to the house of correction to hard labour for not exceeding six calendar months. s. 7.

* See title VAGRANTS.

1

Acts extended

of bark.

And the conviction of any offender against this act shall be on parchment or paper, in the following form:

To wit. }

Be it remembered that on the

} Be

day of in the year—, A B was upon the complaint of C D. convicted before of the justices of the peace for —, in pursuance of an act passed in the 6th year of the reign of his majesty king George the third.* for— [as the case shall be] · -Given under

the day and year above written.

-hand and sel

Which said conviction shall be certified by the justice the next general quarter sessions of the peace to be filed amongst the records of the sessions. s. 9.

And the same shall not be quashed for want of form, not be removed by certiorari. s. 9.

And by statute 45 Geo. 3. c. 66, all the penalties, forfei to the stealing tures, and punishments inflicted, by 6 Geo. 3. c. 48, and 9 Gee. 3. c. 41, shall extend, be applied and put in execution in re lation to all persons who shall without legal right or authority, by night or day, take, carry or convey away, any bark being in any forests or chases, or woods, or wood ground, belonging to his majesty, as well in right of his duchy of Lancaster, otherwise, or within the woods or wood grounds of any f his majesty's subjects, or who shall have in his custody t possession any bark, and shall not give a satisfactory amount how he came by the same.

8. Destroying plantations. nurseries, or gardens.

And for the better preventing the destruction of timber ❝ trees, and other trees, underwood, and covert, in forests and 'chases,' it is enacted by 4 Geo. 3. c. 31, that it shall be lawful for every surveyor of his majesty's woods, and his lawful de puty, and for the officers and keepers of any forest or chase, (besides the penalties for destroying the trees or underwood) to seize and take away for his own use, any saw, axe, hatchet, bill-hook or other instrument used by any person whom they shall find unlawfully plucking up, sawing, cutting down topping, lopping, or destroying any timber tree, or other tre underwood or covert, within such forest or chase.

Also by the said statute 6 Geo. 3. c. 48, every person wh shall pluck up, or cut, spoil, or destroy, or take away, a root, shrub, or plant, out of the fields, nurseries, gardens, garden grounds, or other cultivated lands, of any person whom soever, without the consent of the owner first had, and shall bet. thereof convicted upon the cath of one witness before one jus

If the conviction is for an offence in the king's forests or chases or in respect to hollies, thorns, or quicksets, the conviction must an act passed in the NINTH year, &c. 9 Geo. 3. c. 41, s. 9. --And if it is for an offence in the king's woods or wood grounds, otherwise, under 45 Geo. 3. c. 66, the conviction must run, es passed in the FORTY-FIFTH year, &c. 45 Geo. 3. c. 66. s.2.

ce, shall for the first offence forfeit not exceeding 40s. to-
ether with the charges previous to and attending such con.
iction, to be ascertained by such justice; and if the same are
ot paid down upon conviction forthwith, the said justice
all by warrant commit him to the house of correction for
ne month to hard labour, and to be once whipped there;
nd if any person so convicted shall again commit the like 'of-
ence, and be convicted in manner aforesaid, such person shall
or such second offence forfeit not exceeding 5l. together with
e charges attending the conviction; which if not paid down upon
onviction forthwith, the said justice shall by warrant commit
im to the house of correction for three months, and to be
hipped there once in every of the said three months and
any person so before convicted shall a third time commit
e like offence, and shall be thereof convicted, such person
tall for such third offence be deemed guilty of felony, and
le court before whom he shall be tried, shall transport such
erson for seven years. s. 3, 6.

nips, pease, or

Also by 42 Geo. 3. c. 67, if any person shall steal, take away, 9. Stealing turilfully or maliciously pull up, injure, or destroy, any turnips, nips, potatoes, otatoes, cabbages, parsnips, beans, pease, or carrots, growing cabbages, parsbeing in any garden, lands, or grounds, open or inclosed, carrots, growid shall be thereof convicted (on a prosecution begun within ing. ) days after the offence, before any justice, either by the conssion of the party offending, or by the oath of one witness, 3 Geo. 3. c. 32), every person so offending and being convicted, all forfeit not exceeding 20s. over the value of the goods olen, as to such justice shall seem meet.

Which penalties shall be distributed between the owner the goods, and the overseers for the use of the poor, in ich proportion as such justice shall think fit, or the whole all be given to the owner, or to the overseers, according to le discretion of such justice; and in default of payments, ach justice shall commit such offender to the house of corction,to be kept to hard labour,for not exceeding [two months, 2 Geo. 3. c. 67], unless such penalty shall be sooner paid. 13 leo. 3. c. 32. s. 1. 42 Geo. 3. c. 67.

And in all informations, and other proceedings, the evidence f the owner and of the inhabitants of the parish shall be taken. 3 Gco. 2. c. 32. s. 2. 42 Geo. 3. c. 67.

But where the conviction shall be upon the oath of the wner, the whole of the penalty shall be paid to the overeer for the use of the poor. 13 Geo. 2. c. 32. s. 2. 42 Geo. 3. .67.

And the justices shall cause the conviction to be drawn up in he following form. 13 Geo. 2. c. 32. s. 2. 42 Geo. 3. c. 67.

day of

[ocr errors]

in the

Be it remembered, that on the ear of our Lord, A B having been brought before me, r having ben duly summoned, and not having appeared, or

« PreviousContinue »