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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 unlaw
fully 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
guilty of a misdemeanor, and, being conyieted Misdemeanor.
thereof, shall be liable, at the discretion of
the court, to be transported beyond the seas Punishment.
for the term of seven years, or to be impri-
soned for any tërm not exceeding two years; . . :
and, if a male, to be oncé, twice, or thrice
publicly or privately whipped (if the court shall
so think fit), in addition to such imprisonment.

XVI. And be it enacted, That if any person Killing or maiming shall unlawfully and maliciously kill, naaim, cattle. or wound any cattle, every such offender shall be guilty cof felony, sand, 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, 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. c. to

N o akes sense ad 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 to any 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 TO ost o vya M 2

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standing or cut down, or to any part vof a wood, coppice, or plantation of trees, or to any heath, górze, furze, or fern, wheresoever

the same may be growing, every such offenFelony.

der shall be guilty of felony, and, being con

victed thereof, shall be liable, at the discretion Punishment.

of the court, to be transported beyond the seas for the term of seven years, or to becimprisoned for any term not vexceeding itwo 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. Ý : 4 2 3 4 TRIỂN HTĐT. 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 Felony.

offender shall be guilty of felony, and, being

convicted thereof, shall be liable, at the disPunishment.

cretion of the court, to be transported beyond is 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 à male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in ad

dition to such imprisonment. Tudi VER Destroying or damage **

*. XIX. And be it enacted, That if any pers ing trees, shrubs, &c. son shall unlawfully and maliciously cut, growing in certain break, bark, root up, or otherwise destroy or situations, shall be felony, if the value damage the whole or any part of any tree, exceed 1l.

sapling, or shrub, or any underwood respeck tively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house, évery such offender (in case the amount of the injury done shall exceed the sum of one pound) 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 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

2013 madeus imprisonment; and if any person shall un- The like to trees, lawfully and maliciously cut, break, bark, root shrubs, &c. growing

elsewhere, shall be up, or otherwise destroy or damage the whole felony, if the value or any part of any tree, sapling, or shrub, or exceeds 51. any underwood, respectively growing elsewhere than in any of the situations hereinbefore mentioned, every such offender (in baldgoslani voited case the amount of the injury done shall exceed the sum of five pounds) shall be guilty of felony, and, being convicted thereof, shall Punishment. be liable to any of the punishments which the court may award for the felony herein-before last mentioned. uleistossidades

del $XX. And be it enacted, That if any person Destroying or dashall unlawfully and maliciously cut. break. maging trees, shrubs,

' &c., wheresoever bark, root up, or otherwise destroy or damage growing, and of any the whole or any part of any tree, sapling, or value above 18.,

punishable on sum-sa shrub, or any underwood, wheresoeverthesame mary conviction for may be respectively growing, the injury done first and second

offence; third offence, being to the amount of one shilling at the fele least, every such offender, being convicted Ads unteve 99333 before a justice of the peace, ishall for the fish199 negativos

sd leda noite first offence forfeit and pay over and above puler di unos the amount of the injury done, such sum of

EN 592 money, not exceeding five pounds, as to the justice shall seemi meet; and if any person so convicted shall afterwards be guilty of any of lo duom. od 966

* 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

s

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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 ex exceeding 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, 43: if a male, to be once or twice publiely rior

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 count may award for the felony herein-before last

mentioned.in !.st .sh. ti fi 1.1,99890. Destroying, &c., any XXI. And be it enacted, That if any person fruit or vegetable pro-shall unlawfully and maliciously destroyyor duction in a garden, &c., punishable on damage with intent to destroy, any 'plant, summary conviction root, fruit, or vegetable production, growing for first offence; second offence,

in any."garden, orchard, i nursery ground, felony.*

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

. .!! ! 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.

etceeding 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.'..! . 79XXII. And be it enacted, That if any per- Destroying, &c., son shall unlawfully and maliciously destrov, vegetable productions oro damage with intent to destroy, any culti- gardens, &c.*

e not growing in 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 súm of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, to

gether with the 'costs, if ordered, shall be bcommitted as aforesaid for any term not ex

ceeding one calendar month, unless payment libe sooner made; and if any person so con

victed shall afterwards be guilty of any of the 300 438*N

• 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. .?

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