No. VI. 6 George I. c. 16. Owners of trees, hedges, &c. cut down, spoiled, &c. either by day or by night, shall have satisfaction from the inhabitants of the place in the same manner as for dikes, &c. overthrown in the night, is provided by 13 Ed. 1. st. 1. c. 46. Unless the offender be convicted in six months. Two justices of peace of the place, or the sessions to hear complaints and finally determine all offences against this Act. by the authority of the same, That if any person or persons whatsoever, from and after the twenty-fourth day of June which shall be in the year of our Lord one thousand seven hundred and twenty, shall, either by day or by night, cut, take, destroy, break, throw down, bark, pluck up, burn, deface, spoil or carry away any wood-springs or springs of wood, trees, poles, wood, tops of trees, under-woods or coppice-woods, thorns or quicksets, without the consent of the owner or owners of such woods, woodgrounds, parks, chases or coppices, plantations, timber-trees, fruit-trees, or other trees, thorns or quicksets, or of the person chiefly intrusted with the care and custody thereof, or shall break open, throw down, level or destroy any hedges, gates, posts, stiles, railing, walls, fences, dikes, ditches, banks or other inclosures of such woods, wood-grounds, parks, chases or coppices, plantations, timber-trees, fruit-trees, or other trees, thorns or quicksets, such lords of manors, owners and proprietors of the same, that is, are, shall or may be damaged thereby, shall have such remedy, and have and receive such satisfaction and recompence of and from the inhabitants of the parishes, towns, hamlets, villages or places adjoining on such woodsprings or springs of wood, wood-grounds, parks, chases or coppices, and recover such damages against the parish, town, hamlet, vill or place, parishes, towns, hamlets, villages or places aforesaid, and in the same manner and form as for dikes and hedges overthrown by persons in the night, or at another season when they suppose not to be espied; as in and by an Act of Parliament made in the thirteenth year of the reign of King Edward the First, intituled, Lords may approve against their Neighbours; Usurpation of Commons during the Estate of particular Tenants; is set forth and provided; unless the party or parties so offending shall, by such parish, town, hamlet, vill or place, parishes, towns, hamlets, villages or places, be convicted of such offence within the space of six months from the committing such offence or offences (1); any law or construction to the contrary in anywise notwithstanding. II. And be it further enacted and declared by the authority aforesaid, That if any person or persons, at any time or times from and after the said twenty-fourth day of June, in a riotous, open, tumultuous, or in a secret and clandestine manner, forcibly or wrongfully and maliciously, and without the consent of the proprietor, wood-reeve, wood-keeper or person chiefly intrusted with the care, oversight and custody of such woods, woodgrounds, parks, chases, coppices or plantations, shall cut down, destroy, break, bark, throw down, burn, take, deface, spoil or carry away any wood or springs of wood, under-wood or coppice-wood, or shall in such a riotous, forcible, tumultuous, secret or clandestine manner as aforesaid, maliciously break open, throw down, level or destroy any hedges, gates, posts, stiles, rails, fences, ditches, banks or inclosures of such woods, woodgrounds, coppices, plantations, timber-trees, fruit-trees, or other trees, thorns or quicksets, that then it shall and may be lawful to and for any two or more justices of the peace of the county, riding, division, city, town, borough or corporation, wherein any such offence or offences shall be committed, or for the justices in open sessions, upon complaint to them made by any inhabitant of the aforesaid parish, hamlet, vill or place, or of the owner of such tree or trees, woods, wood-grounds, parks, chases, coppices, or plantations, or of any other, to cause such offender or offenders to be apprehended for the trespasses and offences aforesaid, or any of them, and to hear and finally determine and adjudge all and every the offence and And if they offences aforesaid: And if such justices shall convict any person' or persons convict any of all or any the offence and offences aforesaid, then such justices, imme person, shall diately after such conviction, shall and are hereby required to inflict all and inflict the same penalties, as in the Act 1 Geo. 1. st. 2. c. 48. (1) An action on the case lies upon this section, by the party grieved, to recover damages against the inhabitants of the adjoining township, for trees, coppice, and underwood, unlawfully and feloniously burnt by persons unknown; though the clause directs the party grieved to recover the damages in the same manner and form as given by the stat. 13 Ed. 1. st. 1. c. 46, "for dikes and hedges overthrown by persons in the night;" upon which the usual course of proceeding has been by the writ of noctanter, Thornhill v. Township of Huddersfield; 11 C. R. 349. every the same penalties and punishments in the said Act of the first year No. VI. c. 16. of his Majesty's reign herein before mentioned, as fully and largely, and in 6 George I. the same manner, for all and every the crimes and offences herein before expressed, although not contained in the said Act, as if the same were here again repeated and re-enacted. III. Provided always, and be it enacted by the authority aforesaid, That Persons sued in case any action or actions, suit or suits, shall at any time hereafter be may plead the brought, commenced or prosecuted against any person or persons for any general issue, cause, matter or thing done in pursuance of this Act or the before recited and shall Acts, that the defendant or defendants in such suit or suits shall and may recover treble plead the general issue, and thereupon give the special matter of his defence costs. in evidence; and in case a verdict passes therein for such defendant or defendants, or the plaintiff becomes nonsuit, or discontinues his action, the defendant or defendants in such case shall have and recover treble costs; (1) any law or custom to the contrary thereof in anywise notwithstanding. [No. VII.] 29 George II. c. 36.—An Act for inclosing by the mutual Consent of the Lords and Tenants Part of any Common for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees. [Inserted ante Pt. II. Cl. II. No. 4.] [No. VIII.] 31 George II. c. 41.-An Act to amend and render more effectual an Act passed in the twenty-ninth Year of his present Majesty's Reign, intituled An Act for inclosing, by the mutual Consent of the Lords and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the Unlawful Destruction of Trees. [Inserted ante Pt. II. Cl. III. No. 5.] * * * [No. IX.] 4 George III. c. 31.-An Act to indemnify such (1) In following up a writ of execution to its consummation under this statute, which the subsequent statute of the 19 Geo. 2. c. 34, refers to and adopts as the mode of proceeding in case of penalty recovered by the executor of a revenue officer, killed in the pursuit of smugglers, against the inhabitants of the hundred, (or of a lath in Kent,) it is sufficient for the sheriff to whom the writ had been delivered to return, even after the expiration of 60 days given him by the Aet to ม. No. IX. 4 Geo. III. c. 31. return the writ, that he had delivered it to the justices of the peace of the hundred, &c. (who are charged with directing the levy on the inhabitants,) and that they had done nothing upon it; and the court will not thereupon attach the sheriff for not returning the writ, but the next proceeding is against the magistrates to oblige them to do their duty. Wright v. St. Augustine's Lath (Kent) 13 E. R. 544. No. IX. 4. Geo. III. No. X. c. 36. Wood. use, any saw, axe, hatchet, bill-hook, or other instrument, used by any per[Part VI. son or persons whom they shall find unlawfully stocking up, sawing, cutting down, topping, lopping or destroying any timber tree, or other tree, underwood or covert, within such forest or chase. [No. X.] 6 George III. c. 36.-An Act for encouraging the Cultivation, and for the better Preservation of Trees, Roots, Plants, and Shrubs. WHEREAS divers persons have, of late years, wilfully and maliciously 6 Geo. III. and likely to become timber, growing as well in the several forests, cut down, barked, or otherwise destroyed, timber trees, standing for, 'chases, and other open grounds, as is in the woods, and plantations, and inclosed grounds, within this kingdom; to the great detriment of the owners of such trees, and to the discouragement of planting in general, so beneficial to Great Britain: And whereas the disposition of nursery 'men to improvements in planting and gardening, through Great Britain, is also of great use to the public; and many nursery men, gardeners, and ' others, have collected and cultivated, at great expence, roots, shrubs, and plants, of every country, and imported, cultivated, and exported, great quantities thereof, and do thereby support themselves and many others of his Majesty's subjects: And whereas many evil disposed persons, well 'knowing the value of such roots, shrubs, and plants, have of late Penalty on cutting down, &c. in the night-time, any timber trees, or roots, &c. in inclosed ground, &c. 6 years, frequently entered into nurseries, gardens, and other inclosed grounds in general, and of the nursery men and gardeners in particular, and have dug up, taken, or carried away, out of such nurseries, gardens, and grounds, roots, shrubs, and plants, and likewise destroyed others on the spot, to a very considerable value :'Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the second day of June, one thousand seven hundred and sixty-six, all and every person and persons who shall in the night time, lop, top, cut down, break, throw down, bark, burn, or otherwise spoil or destroy, or carry away, any oak, beech, ash, elm, fir, chesnut, or asp, timber tree, or other tree or trees standing for timber, or likely to become timber, without the consent of the owner or owners thereof first had and obtained; or shall, in the night time, pluck up, dig up, break, spoil, or destroy, or carry away, any root, shrub, or plant, roots, shrubs, or plants, of the value of five shillings (1), and which shall be growing, standing, or being, in the garden ground, nursery ground, or other inclosed ground, of any person or persons whomsoever, shall be deemed and construed to be guilty of felony; and every such person or persons shall be subject and liable to the like pains and penalties as in cases of felony; and the court, by and before whom such person or persons shall be tried, shall, and hereby have 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: And all and every person and persons who shall be wilfully aiding, abetting, or assisting, in such cutting down, breaking, throwing down, barking, burning, or otherwise spoiling or destroying, or carrying away, any such oak, beech, ash, elm, fir, chesnut, or asp, timber tree, or other tree or trees standing for timber, or (1) Ruled that this Act is not repealed by stat. 6. Geo. III. c. 48. (the next number) which imposes pecuniary penalties upon taking roots, shrubs, and plants, generally; but that if the value is above five shillings, and the taking in the night-time, it is a felony within this Act; (both acts being of the same session, and the arrangement of the chapters depending upon the clerk; but admitted, that if the Acts had been made in different sessions, the latter would have been a virtual repcal of the former); case of Hitchcocke v. Howe, 2 E. P. C. 588. 2 Leach, 541.-Q. If a difleActs passed since 33 Geo. III. c. 33. which rent construction would not be applied to Assent shall be indorsed on the act, and be provided that the day of receiving the Royal deemed the day of its commencement. likely to become timber, as aforesaid; or in such plucking up, digging up, cutting, breaking, spoiling, or destroying, or carrying away, such root, shrub, or plant, roots, shrubs, or plants, as aforesaid, of the value aforesaid; or who shall buy or receive such root, shrub, or plant, roots, shrubs, or plants, of the value aforesaid, knowing the same to be stolen; shall be subject and liable to the same punishment, as if he, she, or they had stolen the same; any law to the contrary in anywise notwithstanding. [No. XI.] 6 George III. c. 48.-An Act for the better Preservation of Timber Trees, and of Woods and Underwoods; and for the further Preservation of Roots, Shrubs, and Plants. WHEREAS the preservation of timber trees, or trees likely to become timber, is of great consequence to this kingdom: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twentyfourth day of June, one thousand seven hundred and sixty-six, every person who shall wilfully cut or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or carry away, any timber tree or trees, or trees likely to become timber, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof first had and obtained, 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, or person or persons intrusted with the care of the same, and shall be thereof convicted upon the oath of one or more credible witness or witnesses, before any one or more of his Majesty's justices of the peace, for the county, city, riding, division, district, or place, wherein such offence shall have been committed, shall, for the first offence, forfeit and pay such sum of money, not exceeding twenty pounds, as to such justice or justices shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justice or justices who shall convict the offender; and upon non-payment thereof, such justice or justices shall commit the offender to the common gaol of the county or place where the offence shall be committed, there to remain without bail or mainprize for any time not exceeding twelve months, nor less than six months, or until the penalty and charges shall be paid; and if any person so convicted shall be guilty of the like offence a second time, and shall be thereof convicted in like manner, such person shall forfeit and pay such sum of money, not exceeding thirty pounds, as to such justice or justices shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justice or justices who shall convict the offender; and upon non-payment thereof,such justice or justices shall commit the offender to the common gaol of the county or place where the offence shall be committed, there to remain without bail or mainprize for any time not exceeding eighteen months, nor less than twelve months, or until the penalty and charges shall be paid; and if any person so convicted shall be guilty of the like offence a third time, and shall be thereof convicted in like manner, 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. II. And be it enacted by the authority aforesaid, That all oak, beech, chesnut, walnut, ash, elm, cedar, fir, asp, lime, sycamore, and birch trees, shall be deemed and taken to be timber trees, within the true meaning and provision of this Act. III. And whereas many idle and disorderly persons have of late years • made a practice of plucking or digging up, cutting, spoiling, or destroying, and taking or carrying away, divers and sundry sorts of roots, shrubs, VOL. VIII. Ꮓ No. XI. 6 Geo. III. c. 49. Persons con victed of damaging, &c., any timber trees, &c., or the lops or tops thereof, &c., forfeit, &c. No. XI. 6 Geo. III. Persons convicted of plucking up, &c., any root, &c., out of private cultivated ground, forfeit, &c. Persons convicted of cut wood, &c., or who shall have any such in their custody, &c., forfeit, &c. Wood. and plants (many of which are of great value) out of the fields, nurseries, [Part VI. gardens, and garden grounds, and other cultivated lands of divers of his Majesty's subjects:' Be it therefore enacted by the authority aforesaid, That from and after the twenty-fourth day of June, one thousand seven hundred and sixty-six, all and every person who shall pluck up, or cut, 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 upon the oath of one or more credible witness or witnesses, before any one or more justice or justices of the peace for the county, city, riding, division, district, or place, wherein such offence shall have been committed, shall, for the first offence, forfeit and pay such sum or sums of money as to such justice or justices shall seem meet, not exceeding forty shillings, together with the charges previous to and attending such conviction, to be ascertained by such justice or justices who shall convict the said offender; and if any person so convicted shall again commit the like offence, and shall be thereof convicted in manner aforesaid, such person and persons being so convicted, shall, for such second offence, forfeit and pay such sum of money as to the said justice or justices shall seem meet, not exceeding five pounds, together with the charges previous to and attending the conviction of such offender; 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. IV. And whereas many idle and disorderly persons have of late years ting, &c., any of divers of his Majesty's subjects, and there cut, and carried away, great 'made a practice of going into the woods, underwoods, and wood-grounds, quantities of young wood, of various kinds, for making of poles and walking sticks, and for various other uses; and in beech, and other woods and underwoods, under pretence of getting firewood, have cut down, boughed, split off, or otherwise damaged or destroyed the growth of the said woods and underwoods, to the great injury and damage of the lawful owners thereof: And whereas the laws now in being are not found sufficient to remedy the aforesaid evils:' Be it therefore enacted by the authority aforesaid, That all and every person and persons who, from and after the twenty-fourth day of June, one thousand seven hundred and sixty-six, shall go into the woods, underwoods, or wood-grounds, of any of his Majesty's subjects, not being the lawful owner or owners thereof, and shall there cut, lop, top, or spoil, split down, or damage, or otherwise destroy, any kind of wood or underwood, poles, sticks of wood, green stubs, or young trees, or carry or convey away the same; or shall have in his, her, or their custody, any kind of wood, underwood, poles, sticks of wood, green stubs, or young trees, and shall not give a satisfactory account how he, she, or they, came by the same, and shall be thereof convicted before any one or more of his said Majesty's justices of the peace, on the oath of one or more credible witness or witnesses; shall, for the first offence, forfeit and pay immediately on conviction, any sum not exceeding the sum of forty shillings, together with the charges previous to and attending such conviction, to be ascertained by the said justice or justices who shall convict the offender or offenders: And if any person or persons shall commit any of the offences aforesaid a second time, and shall be thereof again convicted in manner aforesaid, he, she, or they shall forfeit and pay any sum not excceding the sum of five pounds, together with the charges previous to and attending such conviction, to be ascertained as aforesaid: And if any person or persons shall commit any of the offences aforesaid a third time; that then such person and persons, being duly convicted thereof according to law, shall be deemed and adjudged an incorrigible rogue or rogues, and shall be punished as such, |