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11. Malder

roots, destroy ing of.

Second offence.

prosecution.

trober or other

trees, or any

having appeared (as the case may be), and having confessed, or being convicted (as the case may be), of the charge erhi. bited against him, is duly convicted (specifying the offence, time, &c.)-Given under my hand and seal, the day and year aforesaid.

By 31 Geo. 2. c. 35, if any person shall steal and take away, or wilfully and maliciously pull up or destroy any made roots in any ground belonging to any person, and be connected before any justice of the peace of the county or place where the offence shall be committed, either by confession or by the cath of any witness, every person so offending and convicted shall for the first offence pay to the owner of the madder roots so stolen, pulled up, or destroyed, such satisfaction for his da. mage, and within such time as the justice shall appoint; and shall over and above pay upon such conviction, unto the overseers of the poor of the parish where the offence was committed, for the use of the poor, such sum, not exceeding 10s. to the justice shall seem meet; and if any such offender shall not make such recompence, and pay such sum to the use of the poor, the justice shall commit such offender to the house of correction for any space not exceeding one month, or order him to be whipped by the constable, or other officer, as such justice shall seem meet. s. 5.

And if such persou again commit the like offence, and le convicted, then he or she so offending the second time, and convicted, shall be committed to the house of correction for three months. Ibid.

But no person shall be prosecuted for any such offence of Limitation of stealing, pulling up, or destroying madder roots, unless such prosecution be begun within thirty days after the offence. s. b By 22 & 23 Car. 2. c. 7, if any person shall in the night 10. Destroying time maliciously, unlawfully and wittingly, destroy any plan tations of trees, or throw down any inclosures, he shall forfei roots, plants, or to the party injured treble damages, to be recovered by action of trespass, or upon the case; but upon request of the part injured, three justices of the peace (1 Qu.) may within months inquire thereof, as well by a jury, as by examination of witnesses upon oath, or by any lawful ways which to them shall seem meet. s. 5, 6, 7 *.

shrubs in the

And it is enacted by 6 Geo. 3. c. 36, that every person wi shail in the night-time lop, top, cut down, break, throw dawn bark, burn, or otherwise spoil or destroy, or carry a any oak, beech, ash, elm, fir, chesnut or asp, timber tre or other tree standing for timber, or likely to become timber. without the consent of the owner thereof, or shall in the night-time pluck up, dig up, break, spoil, or destroy, or carrj

* For the seventh section of this act were at large, under tills PALONY, aplicle Binck Act.

away, any root, shrub, or plant, roots, shrubs, or plants of the value of 5s.' and which shall be growing and being in the garden ground, nursery ground, or other inclosed ground of any person; or shall be aiding or assisting therein, or shall buy or receive such root, shrub, or plant, roots, shrubs, or plants, of the value aforesaid, knowing the same to be stolen, hall be guilty of felony, and transported for seven years.'

in approved form of conviction and sentence of whipping, for cutting and spoiling faggot wood, under the statutes 43 Eliz. c. 7, and 15 Car. 2. c. 5. s. 3.*

at

Middlesex,

to wit.

{

'Be it remembered that on this 24th day of September in the 14th year of the reign of his present majesty George the third, of Great Britain, &c. in the said county of M, W S, of the parish of in the said county, yeoman, and A A of the same place spinster, are, by RS, constable of the division of H, in the parish of H, in the said county, brought before me J T, 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 M, and also to hear and determine divers elonies, trespasses, and other misdemeanors done and committed in the said county: And the said WS and A A are ow here charged, and each of them is now here charged beore me the said justice, by H W, of the parish of H afore aid, in the said county, with unlawfully cutting and spoilng faggot wood, the property of him the said H W in the ivision of H aforesaid, in the county aforesaid, on the 22d ay of this present month of September, against the form of he statute in that case made and provided: And thereupon, the presence of the said WS and A A, the said II W, a redible witness in this behalf, now here upon his oath on he holy gospel of God, to him now here by me the said jusce duly administered (I the said justice being duly autho zed and empowered to administer an oath to the said I W), poseth, sweareth, and upon his oath saith, that be the said W, on the 23d day of this present month of September, the house of the said W S, in the parish of id, in the said county of M, did find one bundle of faggot ood, and several sticks of wood, and that the said faggot bd was the property of him the said II W: And thereupon so comes now here before me the said justice, J S, of the rish of H aforesaid, in the said county, carter, another creble witness in this behalf, and upon his oath on the holy spel of God, to him by me the said justice duly adminis ed (1 the said justice being duly empowered and authorized

See p. 1008, 1099 supra.

afore.

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to administer the said oath to the said J S, in this behalf), deposeth, sweareth, and upon his oath saith, in the presence of she said W S and A A, that he the said JS, on the 22d day of this present month of September, at the parish of H 'aforesaid, in the division of H aforesaid, about eight o'clock in the evening of that day, saw the said W S and A A to'gether, 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 HW and J S, given as aforesaid, they the said WS and A A are asked by me the justice aforesaid, if they r either of them can say any thing for himself or herself, why or she should not be convicted of the premises aforesaid, abora charged upon them in form aforesaid: But they the said WS 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 the owner thereof, nor do they the said W S and A A, nords 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 oth 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 o the said W S and A A, or either of them, bought the sald wood, or any other credible witness to depose upon cath such sale of the said wood: Whereupon it appears to me the said JT, the justice aforesaid, that the said W S and AA are guilty of the said offence of unlawfully cutting and speil ing the said wood within the true intent and meaning of ⚫starute in that case made and provided, contrary to the for of the statute in that case made and provided. Therefore is considered by me the said justice, and I do hereby a judge, that the said W S'and A A are, and cach of them guilty of the said offence of cutting and spoiling the wood within the intent and meaning of the statute in case made and provided, and the said W S and A A are, cach of them is, now hereby convicted thereof: And ins much as the said H W, now here before me the said justic waives and relinquishes all right to any satisfaction from said WS and A A, or either of them, for the said wood or any part thereof, as owner thereof, I the said justice hereby order and adjudge, that the said W S and do and shall, each of them, presently pay down to overseers of the poor of the parish of H aforesaid, for use of the poor of the said parish of H (within which 'parish of H the offence was committed), the sum of 10. in as much as they the said W S and A A do not pay 'said sum of 10s. to the said overseers of the poor of

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parish of H aforesaid, nor doth either of them pay the said sum of 10s. 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 H, according to the form of the statute in that case made and provided. In witness whereof I the said justice have hereunto set my hand and seal this —day of

in the said

year of his present majesty.

Trial. See JURY SESSIONS.

Tumbril. See PILLORY.

Turnips. See TRESPASS.

THE

TURNPIKE ROADS.

HE turnpike roads of England are placed under the ma. agement and direction of certain bodies of trustees, who are sually named and appointed by the respective acts of parliament hich are occasionally passed for the purpose of making, repair. ig and sustaining the particular roads therein specified. But the owers of those statutes being confined to separate and distinct bjects, it was thought expedient to pass some general laws hich should apply in common to all trustees and turnpike ads in general throughout the kingdom. 1 Hawk. 8vo. ed.

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And those laws are comprised under the following parti ulars :

I. As to trustees.

II. As to other officers.

III. Turnpike meetings.

IV. Erecting side-gates.

V. Erecting weighing-engines.

VI. Additional toll for overweight.

VII. Horses drawing in carriages to be in

proportion to the breadth of the wheels

VIII. Concerning the tolls.

IX. The duty of the surveyors of the turn pike-roads.

X. Direction-posts to be set up.

XI. Nuisances on turnpike-roads.

XII. Demolishing turnpike-gates.

XIII. Persons opposing the execution of

act.

XIV. Instruments respecting turnpike-roadst be subject to stamp duties.

XV. How the forfeitures are recoverable,

And it is enacted by 21 Geo. 3. c. 20, that all the prov sions in stat. 13 Geo. 3. c. 84* (the general turnpike act), not varied, altered, or repealed by any subsequent act (except sa much thereof as gives an additional term of five years to for repairing particular turnpike roads), shall extend to alat made since the passing of that act, and which shall hercafer made for amending and repairing any particular turnpikeradka within England.

I. As to trustees.

The 13 Geo. 3. c. 84, after reciting, that many mischiefs • arisen from mean persons acting as trustees in the execution of those acts of parliament, which have incautiously omil ted to direct that trustees shall be possessed of property to Qualification. certain value,' ENACTS, that no person shall be a trustec in th execution of any act, unless he be in his own right, or in the right of his wife, in the actual possession of the rents of lands, tem ments, or hereditaments of the clear yearly value of 401. possessed of, or entitled to,a personal estate to the value of 800 or be heir apparent of a person possessed of an estate in in of the clear yearly value of 80%.; and unless he hath taken, shall (not being such heir apparent) before he acts, take subscribe the oath following, before two of the trustees, wis are to administer the same in the words following, viz.

Oath.

IA B, do swear, that I truly and bonâ fide am, în my right, or in the right of my wife, in the actual possession

And which are comprised in the above particular.

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