for the first offence a sum not exceeding £20, &c. for a second offence not exceeding £30, &c.; and if any person so convicted shall be guilty of the like Offence a third time, and shall be thereof convicted in like manner (1), such person shall be deemed guilty of Felony, and the Court by and before whom such person shall be tried, shall and hereby hath authority to transport such person or persons for the space of Seven Years to any of his Majesty's Plantations in America, in like manner as other Felons are directed, to be transported by the Laws and Statutes of this Realm. s. 1.

All Oak, Beech, Chesnut, Walnut, Ash, Elm, Cedar, Fir, What shall be Asp, Lime, Sycamore, and Birch Trees, shall be deemed and deemed timber taken to be Timber Trees within the true meaning and provi

sion of this Act. s. 2.

trees.

timber trees.

The Statute 13 G. 3. c. 33. recites the first and second sections Poplar, alder, larch, maple, of the foregoing Act, 6 G. 3. c. 48.; and that "doubts have arisen and hornbeam, since the passing of the said Act, whether Trees shall be deemed declared to be and taken to be Timber Trees, other than such as are declared so to be by the said Act;" and then " for the better preservation of the several useful and valuable Timber Trees hereafter mentioned, casually omitted to be mentioned in the said Act," enacts, that the Trees called Poplar, Alder, Larch, Maple and Hornbeam, shall also be deemed and taken to be Timber Trees, immediately after 1st May 1773, and all and every person or persons who shall after 1st May 1773, wilfully cut or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil or destroy, or carry away any Poplar, Alder, Larch, Maple, and Hornbeam, or any part thereof, or the lops or tops thereof, without the consent of the Owner or Owners thereof first had and obtained (2), or of some person intrusted with the care of such Tree or Trees, such person or persons shall, if found guilty of any Offence or Offences, be convicted in like manner as persons are directed so

(1) Mr. Burn, vol. 4. tit. Wood, s. 7., observes that the words "in like manner" here are inserted by mistake, for it could not be intended that a Justice of Peace should have power of transporting a man; but he observes that the word Court, which afterwards follows, and which, as it seems by other parts of the Act, means the Assises or Sessions, implies a legal Trial by Jury. Perhaps these words intended only to mean by the like Evidence.

(2) In this clause the words," or in any of His Majesty's Forests or Chases without the consent of the Surveyor or Surveyors, or his or their Deputy or Deputies," which are to be found in s. 1. of 6 G. 3. c. 48. are omitted.

Persons plucking, &c. roots or plants out of

fields, nurseries,

&c. shall for a

third offence be guilty of felony.

to be for Offences of the like kind concerning Trees deemed Timber Trees in the above in part recited Act; and upon such Conviction or Convictions shall be liable to all and every the Penalties, Forfeitures, and Punishments therein inflicted for any such like Offence or Offences. And all and every Justice and Justices of the Peace is and are hereby authorized, on complaint made to him or them of any Offence or Offences, to administer Oaths, and to proceed in like manner to conviction and Punishment of every Offender against this Act, as fully and effectually as if the said Trees hereby declared, deemed, and taken to be Timber Trees, had been expressly so deemed and declared to be in the said Act. [6 G. 3. c. 48.] And such Conviction and Convictions shall be certified by the Justice or Justices before whom the same shall be made, to the next Quarter Sessions of the Peace to be holden for the County wherein such Offence or Offences were committed, in the form of words, or to that effect, directed by the said Act; and all and every the Forfeitures for Offences against this Act, shall be paid and applied in the manner Forfeitures are directed to be paid in the said recited Act.

The third Section of 6 G. 3. c. 48. recites that many idle and disorderly persons have of late years made a practice of plucking or digging up, cutting, spoiling or destroying, and taking or tarrying away, divers and sundry sorts of Roots, Shrubs, and Plants, (many of which are of great value) out of the Fields, Nurseries, Gardens and Garden Grounds, and other cultivated Lands of divers of his Majesty's subjects; and then enacts, that from and after 24th June 1766, all and every person who shall pluck up, or cut, spoil or destroy, or take or carry away any Root, Shrub, or Plant, Roots, Shrubs, or Plants, out of the Fields, Nurseries, Gardens or Garden Grounds, or other cultivated Lands of any person or persons whomsoever, without the consent of the Owner or Owners thereof first had and obtained, and shall be thereof convicted before one Justice of the Peace, &c. shall forfeit for the first Offence not exceeding forty shillings, &c., for the second Offence not exceeding £5, &c.; and if any person so before convicted shall a third time commit the like Offence, and shall be thereof convicted, such person so convicted shall for such third Offence be deemed guilty of Felony, and the Court before whom such person shall be tried shall and hereby hath authority to transport such person for the space of Seven Years to any of his Majesty's Plantations in America, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm.

VII. Larceny in Ships, on Wharfs, &c. and from Vessels wrecked, &c. or in Distress.

§ 1. Persons stealing value of any ship, &c..

goods, &c. of the 40s. in

upon any navi.

gable river, &c. or port of entry, or upon any wharf, &c. shall be guilty of

The Statute 24 G. 2. c. 45. intituled "an Act for the more effectual preventing of Robberies and Thefts upon any navigable Rivers, Ports of Entry or Discharge, Wharfs and Keys adjacent," recites "that divers persons are encouraged to commit Robberies and Thefts upon navigable Rivers, Ports of Entry and Discharge, Wharfs and Keys adjacent, by the Privilege as the Law now is, of being admitted to the Benefit of their Clergy," and enacts, that all and every person and persons that felony, without shall at any time from and after 24 June 1751- feloniously steal clergy. any Goods, Wares, or Merchandize of the value of Forty 39 & 40 G. 3Shillings in any Ship, Barge, Lighter, Boat, or other Vessel c. 87. or Craft upon any navigable River, or in any Port of Entry or Discharge, or in any Creek belonging to any navigable River, Port of Entry or Discharge, within the Kingdom of Great Britain; or shall feloniously steal any Goods, Wares, or Merchandize of the value of Forty Shillings upon any Wharf or Key adjacent to any navigable River, Port of Entry or Discharge, or shall be present, aiding and assisting in the committing any of the Offences aforesaid, being thereof convicted or attainted, or being indicted thereof shall of malice stand mute, or will not directly answer to the Indictment, or shall peremptorily challenge above the number of twenty persons returned to be of the Jury, shall be excluded from the Benefit of Clergy.

If any person or persons shall make or be assisting in the making of any hole in the bottom, side, or any other part of any Ship or Vessel in Distress, or shall steal any Pump belonging to any Ship or Vessel so in Distress as aforesaid, or shall be aiding or abetting in the stealing of such Pump as aforesaid, such person or persons shall be and are hereby made guilty of Felony, without any benefit of his, her, or their Clergy. 12 Ann.

st. 2. c. 18. s. 5.

This Act is made perpetual by Statute 4 G. 1. c. 12. The Act 12 Ann. st. 2. c. 18. or any thing therein contained, shall not be construed to extend to or any ways affect the ancient Jurisdiction and Usage of the Admiralty Court of the Cinque Ports, or the Officers thereto belonging, but the proper Officers of the said Admiralty Court shall be and are hereby authorized and empowered to put the said Act in Execution within the Jurisdiction of the said Cinque Ports, in as full and ample

§ 2. Stealing any

pump belonging

distress, felony, without clergy.

to any ship in

§ 3.

6

ing shipwrecked

goods, &c.;

manner to all intents and purposes as any other person or persons are by the said Act appointed to do in any other parts of this Kingdom. 4 G. 1. c. 12. s. 2.

The Acts 12 Ann. st. 2. c. 18. and 4 G. 1. c. 12. shall in all things remain in force, save only where the same are altered or changed by this Act. 26 G. 2. c. 19. s. 16. See §3. of this Division.

Whereas notwithstanding the good and salutary Laws now in being against plundering and destroying Vessels in Distress, and against taking away shipwrecked, lost, or stranded Goods, many wicked enormities have been committed, to the disgrace of the Nation and to the grievous damage of Merchants and Mariners of our own and other Countries: For remedy. Persons plunder- whereof, be it enacted, that if any person or persons shall plunder, steal, take away, or destroy any Goods or Merchandizes or other Effects, from or belonging to any Ship or Vessel of His Majesty's Subjects or others which shall be in Distress, or which shall be wrecked, lost, stranded, or cast on shore in any part of his Majesty's Dominions, (whether any Living Creature be on board such Vessel or not,) or any of the Furniture, Tackle, Apparel, Provision, or part of such Ship or Vessel, or shall beat or wound with intent to kill or destroy, or shall otherwise wilfully obstruct the escape of any person endeavouring to save his or her life from such Ship or Vessel, or the Wreck thereof; or if any person or persons shall put out any false Light or Lights with intent to bring any Ship or Vessel into danger; then such person or persons so offending shall be deemed guilty of Felony, and being lawfully convicted thereof, shall suffer Death as in cases of Felony without Benefit of Clergy. 26 G. 2. c. 19. s. 1.

or any tackle,

&c. belonging to such ship;

or beating, &c. with intent to

kill any person

endeavouring to

save his life from

such wreck;

or putting out false lights,

shall be guilty of felony, and suffer

death.

Where goods stolen are of

small value, &c.

the prosecution may be for petit larceny.

In what cases

Peace shall

Provided always, that when Goods or Effects of small Value shall be stranded, lost, or cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence, then and in such case, it shall be lawful for any person or persons to prosecute for such Offence by way of Indictment for Petit Larceny, and the Offenders being thereof lawfully convicted, shall suffer such Punishment as the Laws in cases of Petit Larceny do enjoin or require. s. 2.

If Oath shall be made before any Magistrate lawfully empowered the Clerk of the to take the same, of any such Plunder or Theft, and the Examination in Writing whereupon taken shall be delivered to the Clerk of the Peace of the County, Riding, or Division

prosecute.

wherein such fact shall be committed, or to his Deputy, or if Oath shall be made before any such Magistrate of the breaking any Ship contrary to the aforesaid Act [12 Ann. st. 2. c. 18.] and the Examination in Writing thereupon taken shall be delivered to such Clerk of the Peace or his Deputy, then such Clerk of the Peace shall cause such Offender or Offenders in any of the said Cases to be forthwith prosecuted for the same, either in the County where the fact shall be committed, or in any County next adjoining, in which adjoining County any Indictment may be laid by any other Prosecutor; and if the fact be committed in Wales, then the Prosecutor shall or may be carried on in the next adjoining English County; and the necessary Charges of such Prosecutions by the Clerk of the Peace, shall be paid by the Treasurer of the County, Riding, or Division where the fact shall be committed, to such Amount as the Justices of the Peace in their General or Quarter Sessions shall order and ascertain the same; and if such Clerk of the Peace shall neglect or refuse to carry on such Prosecution in due, manner, he shall forfeit One hundred Pounds for every such Offence to any person or persons who shall sue for the same, by Action of Debt, Bill, Plaint, or Information in any of his Majesty's Courts of Record at Westminster, in which Action no Essoign, Protection, Wager of Law, or more than One Imparlance shall be allowed. s. 8.

&c. Sheriff, &c.

years.

If any Sheriff or his Deputy, Justice of the Pease, Mayor, or Persons assaultother Magistrate, Coroner, Lord of a Manor, Commissioner of ing and beating, the Land Tax, Chief Constable or Petty Constable, or other in execution of this Act, &c. Peace Officer, or any Custom-house or Excise Officer, or other shall be transperson lawfully authorized, shall be assaulted, beaten, and ported for seven wounded, for or on account of the Exercise of his or their Duty in or concerning the salvage or preservation of any ship or vessel in distress, or of any ship or vessel, goods or effects stranded, wrecked, or cast on shore, or lying under water, in any of his Majesty's Dominions, then any person or persons so assaulting, beating, or wounding, shall, upon Trial and Conviction, by Indictment at the Assizes or General Gaol Delivery, or at the General or Quarter Sessions for the County, Riding, or Division where such Offence shall be committed, be transported for seven years to some of his Majesty's Colonies in America, and shall be subject to such subsequent punishment in case of return before that time, as other persons under sentence of Transportation are by Law subjected unto. s. 11.