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sons are frequently deluded and defrauded," it is further enacted, " that if any WITCHCRAFT, person shall pretend to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertake to tell fortunes, or pretend from his or her skill or knowledge in any occult or crafty science to discover where or in what manner any goods or chattels, supposed to have been stolen or lost, may be found, every person so offending, being thereof lawfully convicted on indictment or information in that part of Great Britain called England, or on indictment or libel in that part of Great Britain called Scotland, shall for every such offence suffer imprisonment by the space of one year, without bail or mainprize, and once in every quarter of the said year in some market-town of the proper county, upon the market day, there stand openly on the pillory (a) by the space of one hour, and also shall (if the court by which such judgment shall be given shall think fit) be obliged to give sureties for his or her good behaviour, in such sum, and for such time, as the said court shall judge proper, according to the circumstances of the offence, and in such case shall be further imprisoned until such sureties be given."

Witnesses.

SEE, in general, Evidence, Vol. II.

Women.

[3 Edw. I. c. 13; 20 Hen. VI. c. 9; 31 Hen. VI. c. 9; 3 Hen. VII. c. 2; 4 & 5 P. & M. c. 8; 18 Eliz. c. 7; 3 Wil. III. c. 9; 4 & 5 Wil. III. c. 24; 30 Geo. III. c. 48; 57 Geo. III. c. 71; 1 Geo. IV. c. 57, c. 115; 4 Geo. IV. c. 76.]

CONCERNING women considered as wives, or femes covertes, see Wife, ante, p. 1022.

Concerning women having two husbands, or men two wives, see Polygamy,

ante.

Concerning the ravishment of women, see Rape, ante.

Concerning the abduction of women, see Abduction, Vol. I.

Concerning abortion, see Abortion, Vol. I.

Concerning the carnal knowledge of children, see Children, Vol. I.

By the 31 Hen. VI. c. 9, if any person take by force or otherwise, any woman Forcing her to sole, having any substance of lands, tenements, or movable goods, and enforce become bound. her, before she be set at liberty, to bind herself to him by statute or obligation,

such bond shall be void.

By the 4 Geo. IV. c. 76, s. 27, no suit shall be had in any ecclesiastical Marriage Act. court, in order to compel a celebration of marriage in facie ecclesiæ, by reason of any contract of matrimony whatsoever, whether per verba de præsenti, or per verba de futuro. See, ante, Vol. III., tit. Marriage.

By the 20 Hen. VI. c. 9, peeresses shall be tried as peers for treason or Peeresses, how felony. See ante, Peers.

to be tried.

The judgment against a woman, in case of high treason, was not the same Judgment in as against a man traitor, to be hanged, cut down alive, have the bowels taken treason and feout, and the body quartered; but it was, to be drawn to the place of execution, lony.

and there burned.

And this, also, was the judgment against a woman in case of petit treason;

(a) Pillory, except in perjury and subornation thereof, is abolished by the 56 Geo. III. c. 138. See ante, Pillory,

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whereas the judgment against a man, for petit treason, is that he shall be hanged.

But now the punishment of burning women is abolished by the 30 Geo. III. c. 48, the first section of which enacts that women, convicted of high treason or petit treason, shall not be burned, but shall be drawn to the place of execution, and be there hanged.

In case of felony, the judgment is the same against both man and woman, to be hanged by the neck till dead. 2 Haw. c. 48, s. 7.

It is clear, that if a woman quick with child be condemned either for treason or felony, she may allege her being with child in order to get the execution respited, and thereupon the sheriff shall be commanded to take her into a private room, and to impannel a jury of matrons, to try and examine whether she be quick with child or not; and, if they find her quick with child, the execution shall be respited till her delivery. But it is agreed that a woman cannot demand such respite of execution, by reason of her being quick with child, more than once. 2 Haw. c. 51, s. 9.

By the 1 Geo. IV. c. 57, it is enacted, that judgment or sentence shall in no case be given, that any female, convicted of any offence, shall be whipped, either publicly or privately; but in cases where whipping of female offenders has formed etiher part or the whole of the sentence, it shall be lawful for the court, or justice of the peace, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any time not exceeding six months nor less than one month, or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped. See the act in full, Thipping, ante. Women are not obliged to appear at the torn or leet. 2 Haw. c. 10, s. 11. Mr. Hawkins seems to be of opinion that a custom of the inhabitants serving the office of constable by turns is good; and that when it comes to the turn of a woman inhabitant, she must procure one to serve for her. 2 Haw. c. 10, s. 37. And she may be appointed an overseer of the poor. R. v. Stubbs, 2 T. R. 395; 3 T. R. 110, 521; see Vol. IV.

52 Geo. 3, c. 72.

Wood.

[29 Geo. II. c. 36; 31 Geo. II. c. 41; 10 Geo. III. c. 42; 41 Geo. III. c. 109;
50 Geo. III. c. 77; 52 Geo. III. c. 71, c. 72, c. 117; 3 Geo. IV. c. 41, s. 4.]

CONCERNING the maliciously destroying wood, fences, &c., see Malicious
Injuries to Property, Vol. III., p. 734, 736.

Concerning the stealing of wood, fences, &c., see Larceny, Vol. III, p. 565,

566.

By the 52 Geo. III. c. 72, the king is allowed to inclose not exceeding 1600 Alice Holt forest. acres of land in the forest of Alice Holt, in the county of Southampton.

Damaging trees in forest,

Penalties.

Breaking down inclosures.

Sect. 6. "And, for the better preservation of the trees, woods, underwoods, heritors, and standils growing, or which may hereafter be planted and nourished to grow or be growing in or upon any part of the said inclosures so to be made in pursuance of this act, as well before as after the same shall be inclosed, be it further enacted, That all persons whomsoever who shall, from and after the passing of this act, unlawfully cut down, split, bark, peel, damage, deface, destroy, or carry away any timber tree or other tree, woods, or covert, green stick, or any heritor or standil within the said forest as aforesaid, shall be subject and liable to all such pains, penalties, and punishments, as are provided by the laws and statutes of this realm to be given, imposed, or inflicted upon any person or persons committing the like offence or offences in the lands, grounds, woods, or coppices, being inclosed, and the private property of any of his majesty's subjects."

Sect. 7. "That every person who shall wilfully destroy or take away, or shall

WOOD.

break down any fence or inclosure, or any part thereof, made for the protection of any nursery of wood and timber as aforesaid, shall for the first offence forfeit Penalty. the sum of 10.; and for the second offence the sum of 20%.; and for the third offence shall be deemed guilty of felony, and may be transported to any part beyond the seas for the term of seven years, or be subject to such other punishment by fine, imprisonment, or otherwise, as the court before which such person shall be convicted may direct; and such penalties shall and may be recovered, and on non-payment thereof the person who shall forfeit the same may be committed to prison, in the manner and for the same periods as is specified in an aet passed in the sixth year of the reign of his present majesty, intituled, 'An 6 Geo. 3, c. 48. Act for the better Preservation of Timber Trees, and of Woods and Underwoods, and for the further Preservation of Roots, Shrubs, and Plants," in relation to the penalties of 201. and 301. respectively, for wilfully cutting or breaking down any timber under the said act."

Woolmer forest.

And by the 52 Geo. III. c. 71, similar provisions are enacted respecting the 52 Geo. 3, c. 71. forest of Woolmer, in the county of Southampton, where the king is allowed to inclose 2000 acres.

50 Geo. 3, c. 77. 52 Geo. 3, c. 117. Duty.

52 Geo. 3, c. 71.

Penalties for breaking down

inclosures in the

By the 50 Geo. III. c. 77, and 52 Geo. III. c. 117, certain duties of customs are imposed upon wood imported, and regulations enacted relating thereto. The 52 Geo. III. c. 71, contains provisions respecting the forest of Woolmer, and the timber growing there, and certain inclosures to be there made; and by sect. 7, " every person who shall wilfully destroy or take away, or shall break down, any fence or inclosure, or any part thereof, made for the protection of any forest of nursery of wood and timber as aforesaid, shall for the first offence forfeit the Woolmer. sum of 104.; and for the second offence, the sum of 207.; and for the third offence, shall be accounted guilty of felony, and may be transported to any part beyond the seas for the term of seven years, or be subject to such other punishment, by fine, imprisonment, or otherwise, as the court before which such person shall be convicted may direct; and such penalties shall and may be recovered, and on non-payment thereof, the person who shall forfeit the same may be committed to prison in the manner and for the same periods as are specified in an act passed in the sixth year of the reign of his present majesty, 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,' in relation to the penalties of 201, and 307. respectively for wilfully cutting or breaking down any timber under the said act."

forfeiture for de

The General Inclosure Act, 41 Geo. III. (United Kingdom) c. 109, s. 28, 41 Geo. 3, (U. K.) (Vol. III., p. 307,) imposes a forfeiture not exceeding 51. on any person who shall c. 109, gives a wilfully and unlawfully break down, destroy, carry away, or damage any fence, stroying any stile, post, rail, gate, bridge, or tunnel, put up under the authority and for fences, &c. pnt the purposes of any inclosure act, upon conviction before a justice of the "punder inclocounty, &c.

By the 29 Geo. II. c. 36, s. 1, it is enacted, "That it shall and may be lawful to and for his majesty, his heirs and successors, and all other owners of wastes, woods, and pastures, in that part of Great Britain called England, wherein any person or persons, or body or bodies politic or corporate, hath or have right of common or pasture, by and with the assent of the major part in number and value of the owners and occupiers of tenements to which the said right of common of pasture doth belong, and to and for the major part in number and value of the owners and occupiers of such tenements, by and with the assent of the owner or owners of the said wastes, woods, and pastures, and to and for any other person or persons, or body politic or corporate, by and with the assent and grant of the owner or owners of such wastes, woods, and pastures, and the major part in number and value of the owners and occupiers of such tenements, to inclose and keep in severalty, for the growth and preservation of timber or underwood, any part of such wastes, woods, and pastures, for such time, and in such manner, and upon such conditions, as shall be agreed by them respectively."

sure acts.

29 Geo. 2, c. 36. Encouragement of the plantation of wood.

By the 31 Geo. II. c. 41, this word owners shall extend to tenants for life 31 Geo. 2, c. 41. and for term of years: provided, that nothing done by such tenants for life or

years shall have effect or continuance after determination of such their estate.

By the 29 Geo. II. c. 36, s. 5, all bodies politic or corporate, whether aggre- 29 Geo. 2, c. 36.

WOOD.

20 Geo 2, c. 36. 81 Geo. 2, c. 41.

29 Geo. 2, c. 36. Where it is for

poor

gate or sole, feoffees in trust, executors, administrators, guardians, committees, or other trustees whatsoever, and the husbands of femes covert, may agree to such inclosure, and such their agreement shall be valid.

Sect. 2. And in case the owner of such wastes, woods, or pastures, and the major part in number and value of the owners and occupiers of such tenements, shall jointly agree to assign their right for the purpose aforesaid to any other person, such owner shall not have an estate in fee-simple therein, or shall be restrained from alienating; the recompense to be paid to such owner shall be either by a grant of a share of the profit from the sale of such timber or underwood, or by a grant of other lands, or of an annuity of rent-charge issuing out of the ground so inclosed, or out of other lands: such equivalent to be held and enjoyed by the owner of such wastes, woods, and pastures, and such as shall be entitled to the same in reversion, remainder, or succession, in like manner as the estate in such woods, wastes, or pastures is limited to be held and enjoyed.

And by the 29 Geo. II. c. 36, s. 2, and 31 Geo. II. c. 41, where any recompense shall be agreed to be given for such inclosure to or to the benefit of the owners and occupiers of such tenements, it shall be made either by a grant of a share of the profit which shall arise from the sale of such timber or under. wood, or by a grant of other lands; or by some annuity or rent-charge issuing out of the ground so inclosed, or out of other lands; or shall be paid in money, to be placed out at interest on public securities, or laid out in the purchase of lands, or of some annuity or rent-charge issuing out of lands; and the produce thereof, until such purchase shall be made, and also every recompense to be made by virtue of the said act of the 29 Geo. II., shall be applied and given to the persons interested in the right of common, in proportion to their respective interests.

By the 29 Geo. II. c. 36, s. 2, where the inhabitants of any parish or townthe relief of the ship shall be willing to acquire such right of inclosure, for the employment and benefit of their poor, they may (by the consent and direction of the major part of the inhabitants, assembled at a vestry or public meeting to be held for that purpose, public notice thereof in the church being first given on three Sundays before) pay the recompense for the same, and the charges of inclosing and preserving such grounds, out of the poor rate; and shall apply the profit from the sale of such timber or underwood towards the relief of the poor. Note. Here is no allowance for the charges of planting.

10 Geo. 5, c. 42.

20 Geo. 2, c. 36.

Exportation.

Sect. 3. And the agreement for such inclosure shall be in writing, and signed by the parties, and, within three months after the execution thereof, be enrolled by the clerk of the peace where the greater part of such wastes, woods, or pas

tures shall lie.

And by the 10 Geo. III. c. 42, further time is given for such enrolment, provided the same shall have been made on or before December 25, 1770. Aud inclosures made before the passing of this act of 10 Geo. III. c. 42, though not strictly according to the directions of the said former acts, are enacted to be good and valid.

By the 29 Geo. II. c. 36, s. 4, persons aggrieved by such agreement may, within six months after the enrolment, appeal to the sessions, whose determination shall be final. And if no such appeal shall be made, the agreement shall be for ever binding.

By the 3 Geo. IV. c. 41, s. 4, the 1 & 2 P. & M. c. 5, relative to the expor tation of wood is repealed.

Woollen Manufacture. (a)

WHEREIN, concerning-

1. The Winding of Wool, p. 1031.

[8 Hen. VI. c. 22; 23 Hen. VIII. c. 17; 6 Geo. IV. c. 105.]
II. The Exportation of Live Sheep and Wool, p. 1032.
[5 Geo. IV. c. 47; 6 Geo. IV. c. 105, c. 104.]

III. Cards for Manufacturing Wool, p. 1032.

[26 Geo. III. c. 76; 6 Geo. IV. c. 105, s. 21.]
IV. The deceitful Working of Woollen Cloth, p. 1032.
[13 Geo. 1. c. 23; 17 Geo. II. c. 5; 49 Geo. III. c. 109.]

V. The Fulling of Cloth, p. 1033.

[4 Edw. IV. c. 1; S Geo. IV. c. 41.]

VI. The Searching of Cloth, and therein of the Length, Breadth,
and Weight thereof, p. 1033.

[49 Geo. III. c. 109.]

VII. The Dyeing of Cloth, p. 1033.

[6 Anne, c. 8; 23 Geo. III. c. 15; 49 Geo. III. c. 109.]

VIII. The Stealing Goods of Cloth, p. 1034.

[15 Geo. II. c. 27; 7 & 8 Geo. IV. c. 29.]

IX. The Dressing of Cloth, p. 1036.

[3 Geb. IV. c. 41, s. 4.]

X. Mixed or Medley Broad Cloth in particular; especially in
Gloucestershire, Wiltshire, and Somersetshire, p. 1036.
[49 Geo. III. c. 109.]

XI. The Yorkshire Manufacture in particular, p. 1036.
[11 Geo. II. c. 28; 5 Geo. III. c. 51; 6 Geo. III. c. 23; 49 Geo. III. c. 109.]
XII. The Burying of Dead in Woollen Cloth, p. 1041.

[54 Geo. III. c. 108.]

XIII. Against Importation of Woollen Cloth, and Encouragement
of the Exportation of Woollen Manufactures, p. 1041.

[3 Geo. IV. c. 42; 6 Geo. IV. c. 105.]

XIV. Privileges granted to Woolcombers, p. 1042.

[49 Geo. III. c. 109.]

[By statute 50 Geo. III. c. 83, the 1 Rich. III. c. 8, 5 Hen. VIII. c. 3, 27
Hen. VIII. c. 13, and the 33 Hen. VIII. c. 19, are repealed.]

I. The Winding of Wool.

By the 8 Hen. VI. c. 22, no man shall make any inwindings within the 8 Hen. 6, c. 22.
fleece, at the rolling up of his wool; nor put in the same, locks, pelt, wool, tar, Deceitful wind-
ing.

(a) As to servants in the woollen manufactures, see Serbants, ante, p. 376, 382.

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