destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, or shall unlawfully and maliciously break down or otherwise destroy the dam of any millpond, every such offender shall be சித guilty of a misdemeanor, and, being convicted Misdemeanor. thereof, shall be liable, at the discretion of the court, to be transported beyond the seas Punishment. XVI. And be it enacted, That if any person killing or maiming shall unlawfully and maliciously kill, maim, cattle. or wound any cattle, every such offender shall be guilty of felony, and, being convicted Felony. thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for Punishment. life, or for any term not less than seven years, 1 ot to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. To en tò any: XVII. And be it enacted, That if any per- Setting fire to a stack son shall unlawfully and maliciously set fire of corn, grain, straw, hay, &c. The like to stack of corn, grain, pulse, straw, hay, certain crops, plantor wood, every such offender shall be guilty ations, and heath. of felony, and, being convicted thereof, shall suffer death as a felon; and if any person shall unlawfully and maliciously set fire to any crop of corn, grain, or pulse, whether . Felony. Punishment. Felony. standing or cut down, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorze, furze, or fern, wheresoever the same may be growing, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to becimprisoned for any term not exceeding two years; and, if a male, to be once, twice, cor thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. 1 Destroying hopbinds. XVIII. And be it enacted, That if any per son shall unlawfully and maliciously cut or otherwise destroy any hopbinds growing on poles in any plantation of hops, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the dis cretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.hukua Punishment. Destroying or damaging trees, shrubs, &c. growing in certain situations, shall be felony, if the value exceed 11. XIX. And be it enacted, That if any pers son shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling, or shrub, or any underwood respec tively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house, every such offender (in case the amount of the injury done shall exceed the sum of one pound) shall be guilty of felony, and, being A convicted thereof, shall be liable, at the dis cretion of the court, to be transported beyond the seas for the term of seven years, or to be Punishment. imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or - thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment; and if any person shall un The like to trees, Jawfully and maliciously cut, break, bark, root shrubs, &c. growing up, or otherwise destroy or damage the whole felony, if the value or any part of any tree, sapling, or shrub, or exceeds 57. any underwood, respectively growing else where than in any of the situations herein beforementioned, every such offender (in case the amount of the injury done shall exceed the sum of five pounds) shall be guilty elsewhere, shall be of felony, and, being convicted thereof, shall Punishment. last mentioned.! &c., wheresoever punishable on sum offence; third offence XX. And be it enacted, That if any person Destroying or dashall unlawfully and maliciously cut, break, maging trees, shrubs, bark, root up, or otherwise destroy or damage growing, and of any the whole or any part of any tree, sapling, or value above 1s., shrub, or any underwood, wheresoever the same mary conviction for may be respectively growing, the injury done first and second being to the amount of one shilling at the felony.* least, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay over and above the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of See post summary convictions, and the power of justice to 3, respecting the application of forfeitures and penalties upon commit in default of payment. Destroying, &c., any &c., punishable on for first offence; second offence, felony.* the said offences, and shall be convicted there of in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exexceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony and, being convicted thereof, shall be liable to any of the punishments which the court may award for the felony herein-before last mentioned. 1 XXI. And be it enacted, That if any person fruit or vegetable pro- shall unlawfully and maliciously destroy, or duction in a garden, damage with intent to destroy, any plant, summary conviction root, fruit, or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or else shall forfeit and pay over and above the amount of the injury done, such sum of money, not 4 * See post, s. 32, 33, respecting the application of forfeitures and penalties upon summary convictions, and the power of justice to commit in default of payment. exceeding twenty pounds, as to the justice shall seem meet; and if any person so convicted, shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may award for the felony herein-before last mentioned. not growing in XXII. And be it enacted, That if any per- Destroying, &c., son shall unlawfully and maliciously destroy, vegetable productions or damage with intent to destroy, any culti gardens, &c.* vated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, or nursery ground, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or Punishment. house of correction, there to be imprisoned only, or to be imprisoned or kept to hard labour, for any term not exceeding one calendar month, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the 1 See post, s. 32, 33, respecting the application of forfeitures and penalties upon summary convictions, and the power of justice to commit in default of payment. |