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c. 48.

No, XI. and plants (many of which are of great value) out of the fields, nurseries, 6 Geo. III. 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 Persons con

hundred and sisty-six, all and every person who shall pluck up, or cut, victed of

or destroy, or take, or carry away any root, shrub, or plant, roots, shrubs, plucking up,

or plants, out of the fields, nurseries, gardens, or garden grounds, or other &c., any root,

culiivated lands, of any person or persons whomsoever, without the con&c., out of sent of the owner or owners thereof first had and obtained, and shall be private culti- thereof convicted upon the oath of one or more credible witness or witvated ground, nesses, before any one or more justice or justices of the peace for the forfeit, &c. 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 sunis 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 convicied 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 planiations in America, in like manner as other felons are directed to be transported by the laws and statutes of

this realm. Persons con

IV. · And whereas many idle and disorderly persons have of late years victed of cut

made a practice of going into the woods, underwoods, and wood-grounds, ting, &:., any of divers of his Majesty's subjects, and there cut, and carried away, great wood, &c., or who shall have quantities of young wood, of various kinds, for making of poles and any such in

walking sticks, and for various other uses; and in beech, and other woods their custody, and underwoods, under pretence of getting firewood, have cut down, &c., forfeit, boughed, split off, or otherwise damaged or destroyed the growth of the &c.

• 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 lawsul 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 i he same; or shall have in his, her, or their custody, any kind of woodl, 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 furty 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 exceeding 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,

C. 48.

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V. And be it enacted by the authority aforesaid, That his Majesty's jus- No. XI. tices of the peace for the respective counties, cities, ridings, divisions, or 6 Geo. III. places, wherein any of the offences committed against this Act shall be done, are hereby authorized to put this Act in execution, and to administer an oath to any such credible witness or witnesses.

VI. And whereas the mischiefs intended by this Act to be prevented Justices to put may be evaded on account of the offenders not being able to pay down Act in execu* the sum forfeited and charges incurred thereby, such offenders frequently tion.

having no goods, or other chattels, whereon the same can be levied;' therefore be it enacted, That it shall and may be lawful for such justice or justices, unless the respective forfeitures shall be paid down upon conviction forthwith, where not otherwise directed by this Act, by warrant under his or their hands and seals to commit such Öffender or offenders, for the first offence, to the house of correction for one month, to hard labour, and to be once whipped there; and for the second offence, where not otherwise directed by this Act, to the house of correction for three months, to hard labour, and to be whipped there once in every one of the said three months.

VII. And be it further enacted by the authority aforesaid, That if any Persons hinperson or persons shall at any time hinder, or attempt to prevent, the dering or seizing or securing any person employed in carrying away any such timber attempting to or other trees; every such person so hindering or attempting to prevent prevent such seizing or securing, shall, for every such offence, forfeit and pay the seizing offendsum of ten pounds to the person or persons who shall convict such of- ers, &c. fender: And if the said sum be not immediately paid on conviction, the person or persons so convicted shall be, by the justice or justices before whom he, she, or they shall be convicted, committed to the house of correction, to hard labour, for any time not exceeding six calendar months.

VIII. And be it further enacted, That one moiety of all and every the Application of forfeitures herein-before directed to be paid in pursuance of this Act, and forfeitures. not otherwise directed, shall go to the informer, and the other moiety to the person or persons aggrieved.

IX. And be it further enacted by the authority aforesaid, That the con- Convictions to viction and convictions of all and every offender and offenders against this be certified to Act, shall be certified by the justice or justices of the peace before whom sessions. the same shall be made, to the next general quarter sessions of the peace, to be filed amongst the records of the said sessions; and that such conviction shall be fairly written on parchment or paper in the following form of words (as the case shall happen) or in any other form of words to the like effect; (that is to say,) To wit.} BE it remembered, That on the

in the form of cons

day of year A. B. was upon the complaint of C. D. convicted viction. before of the justices of the peace

for

in pursuance of an Act passed in the sixth year of the reign of his Majesty King George the Third, for [as the case shall be).

Given under hand and seal the day and year above written, which said conviction shall be good and effectual in law to all intents and Conviction purposes ; and shall not be quashed, set aside, or adjudged void or insuffi- pot liable to cient, for want of any form or words whatsoever ; nor be liable to be re

be quashed,

&c. moved by certiorari into his Majesty's Court of King's Bench, but shall be deened and taken to be final to all intents and purposes whatsoever.

[ No. XII. ] 10 George III. c. 30.–An Act for rectifying a

Mistake in an Act made in the last Session of Parliament, intituled, An Act for betler securing the Duties of Customs upon certain Goods removed from the Out Ports and other Places to London ; for regulating the Fees of the Officers of his Majesty's Customs in the Province of Senegambia in Africa; for allowing to the Receivers General of the Duties

No. XII. 10 Geo. III.

c. 30.

9 G. 3. c. 41.

on Offices and Employments in Scotland, a proper Compen-
sation for their Trouble and Expences; for the better Preser-
bation of Dollies, Thorns, and Quicksets, in Forests, Chases,
and Private Grounds, and of Trees and Underwoods in Farests
and Chases ; and for authorizing the Exportation of a limited
Quantity of an inferior Sort of Barley, called Bigg, from the
Port of Kirkwall, in the Islands of Orkney.
WIIEREAS in an Act passed in the last session of Parliament, intituled,

An Act for belter securing the Duties of Customs upon.certain Goods (removed from the Out Ports und other Places to London; for regulating

the Fees of the Officers of his Majesty's Customs in the Province of Sene• gambia in Africa; for allowing to the Receivers-general of the Dulies on

Offices and Employments in Scotland, a proper Compensation for their Trouble and Erpences; for the better Preservntion of Hollies, Thorns, * und Quicksets, in Forests, Chases, and private Grounds, and of Trees and Underwoods in Forests and Chases; und for authorizing the Erportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall

, in the Islands of Orkney; an Act made in the sixth year of his present Majesty's reign, ihercin intended to be recited and extended, is, by mistake, intituled, An Act for the better Preservation of Roots, Shrubs, and Plants, instead of being intituled, An Act for the "better Preservation of Timber Trees, anil of Woods and Underwoods, and ..for the further Preservation of Roots, Shrubs, and Plants: Now, for rec

tifying the said mistake, 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 assembleil, and by the authority of the same, That the said Act of the sixth year of his present Majesty's reign shall, notwithstanding such mistake in reciting the title thereof, made in the said Act of the last session of Parliament, be taken, deemed, and adjudged nevertheless to be meant thereby, and confirmed and extended accordingly as to all and every the several clauses, powers, authorities, penalties, forseitures, provisions, matters, and things in the said Acts, or either of them, contained, in the same manner, to all intents, constructions, and purposes whatsoever, as if the said mistake had never been made or happened, and the title of the said Act of the sixth year of his present Majesty's reign had at first been truly recited in the said Act of the last session of Parliament; any law or usage to the contrary in anywise notwithstanding.

and 6 G. 3.
c. 48. and see
c. 36.

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[ No. XIII.] 13 George III. c. 33.-Au Act to extend the

Provisions of an Act, made in the Sixth Year of his present Majesty's Reign, intituled, An Act for the better Preservation of Timber Trees, and of Woods and Underwoods; and for the further Preservation of Roots, Shrubs, and Plants, tu

Poplar, Alder, Maple, Larch, and Hornbeam. No. XII. WHEREAS by an Act made in the sixth year of his present Majesty's

reign, intiiuled An Act for the better Preservation of Timber Trees, 13 Geo. III. « unit of woods and Underwoods; and for the further Preservation of Rools, c. 33.

Shrubs, and Plants, it was enacted, That every person who should cut or

• break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, û George 3. damage, spoil, or destroy, or carry away, any timber tree, or trees likely

to become timber, or any part thercof, 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 should be thereof con. victed, upon the oath of one or more credible witness or witnesses, be.

c. 33.

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fore any one or more of his Majesty's justices for the county, cty, riding, No. XIII. division, district, or place, wherein such offence should be committed, 13 Geo. III. should, for the first offence, forfeit ard pay such sum of money, not exceeding twenty pounds, as to such justice or justices should seem meet, together with ihe charges previous to and attending such conviction, to be ascertained by such justice or justices who should convict the offender; and upon non-payment thereof, such justice or justices should commit ' the offender to the common gaol of the county or place where the offence should be committed, there io remain without bail or mainprize, for any

ime not exceeding twelve months, nor less than six months, or until the penalty and charges should be paid; and if any person so convicted should be guilty of the like offence a second time, and should be thercof convicted in like manner, such person should forfeit and pay such sum of money, not exceeding thirty pounds, as to such justice or justices • should seem meet, together with the charges previous to and attending

such conviction, to be ascertained by such justice or justices who shouli 'convict the offender; and ipon non-payment thereof, such justice or

justices should commit the offender to the common gaol of the county or place where the offence should be committed, there to remain without • bail or mainprize, for any time not exceeding cighteen months, nor less • than twelve months, or until the penalty and charges should be paid;

and if any person so convicted should be guilty of the like offence a third • time, and should be thereof convicied in like nanner, such person should • be guilty of felony, and the court by and before whom such person shall

be iried, should and thereby had 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 by the said Act it was enacted, That all oak, beech, chesnut, walnut, ash, elm, cerlar, fir, asp, lime, sycamore, and birch trees, should be deemed and taken to be timber trees, within the true meaning and provision of the said act: And whereas doubts have arisen since the passing the said Act, whether any trees shall • be deemed and taken to be limber trees, other than such as are declared • so to be in the said Act:' Now, for the better preservation of the several useful and valuable timber trees hereafter mentioned, casually omitted to be mentioned in the said Act, 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 the trees called poplar, alder, larch, maple, Poplar, alder, and hornbeam, shall also be deemed and taken to be timber trees, imme. Jarch, maple, diately after the first day of May, one thousand seven hundred and seventy- and hornbeam. three: And all and every person or persons who shall after the said first to be deemed * day of May, one thousand seven hundred and seventy-three next, wilfully timber trees. 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, or of some person intrusted with the care of such trec 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 to be, for offences of the like kind, concerning trees, decined 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 jereby 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 passed in the sixth year of his present Majesty's reign; 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,

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No. XIII. in the form of words, or to that effect, directed by the said Act; and all 13 Geo. III. and every the forfeitures for offences against this Act shall be paid and c. 33.

applied in the manner forfeitures are directed to be paid in the said recited Act.

on

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(No. XIV. ] 45 George III. c. 66.-An Act to prevent in

Great Britain the illegally carrying away Bark; and for amending two Acts, passed in the sixth and ninth Years of his present Majesty's Reign, for the Preservation of Timber Trees, Underwoods, Roots, Shrubs, Plants, Hollies, Thorns,

and Quicksets.[27th June 1805.] No. XIV.

WHEREAS by an Act passed in the sixth year of his present Majesty's 45 Geo. III.

reign, for the better preservation of timber trees, and of woods and c. 66.

(underwoods, and for the further preservation of roots, shrubs, and plants,

it was enacted, That all and every person and persons, who, from and Recital of Act

• after the twenty-fourth day of June one thousand seven hundred and 6 G. 3. c. 48.

sixty-six, should go into the woods, underwoods, or wood grounds of any [$ 4.] against of his Majesty's subjects, not being the lawful owner or owners thereof, spoiling and should there cut, lop, top, or spoil, split down, or damage, or otherwoods.

wise destroy any kind of wood or underwood, poles, sticks of wood, green stubs, or young trees, or carry and convey away the same, or should have in his, her, or their custody any kind of wood or underwood, poles, sticks of wood, green stubs, or young trees, and should not give a satisfactory account how he, she, or they came by the same, and should be thereof convicted before any one or more of his Majesty's justices of the peace,

the oath of one or more credible witness or witnesses, should for the • first offence forfeit and pay, immediately on conviction, any suni 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 should convict the offender or offenders; and if any person or persons should commit any of the offences aforesaid a second time, 6 and should be thereof again convicted in manner aforesaid, he, she, or they, should forfeit and pay any sum not exceeding 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 should commit any • of the offences aforesaid a third time, that then such person and persons, being duly convicted thereof according to law, should be deemed and ad

judged an incorrigible rogue or rogues, and should be punished as such : Recital of Act • And whereas by another Act passed in the ninth year of his said Majes9 G. 3. c. 41. ty's reign, for the better preservation of hollies, thorns, and quicksets, in [8. and see forests, chases, and private grounds, and of trees and underwoods in forests TOG.3.c. 30.] and chases, it was enacted, That from and after the first day of July one extending

thousand seven hundred and sixty-nine, the said clause made in the said 6 G. 3. c. 36. to hollies, &c.

• Act of the sixth year of his present Majesty's reign, and all and every the penalties, forfeitures, and punishments thereby inflicted, and all other provisions, clauses, matters, and things relating thereto, should extend, and should be deemed, taken, and construed to extend, and should be applied and put in execution in relation to all his Majesty's forests and chases within this realm, and to all and every person or persons who • should, without legal right or authority, by night or day, cut down, de

stroy, take, carry, or convey away any hollies, thorns, or quicksets, grow*ing or being upon any of his Majesty's said forests or chases, or within the woods or wood grounds of any of his Majesty's subjects, or who should have in his, her, or their custody or possession any such hollies, thorns, or quicksets, and should not give a satisfactory account how he, she, or they came by the same, and should be thereof convicted before any one or • more of his Majesty's justices of the peace in the manner prescribed and

directed by the said act, and such justice or justices is or are hereby au. thorized to administer oaths, and proceed in the like manner for the con' viction and punishment of every offender in the premises, as fully an ef

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