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Damaging any Root or Plant, used for Food or Manufacture, growing in open or inclosed Land.

any

XXII. And be it enacted, That if any Person shall unlaw fully and maliciously destroy, or damage with Intent to destroy, cultivated 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 House of Correction, there to be imprisoned only, or to be im prisoned and 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 said Offences, and shall be convicted thereof in like Manner, every such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Six Calendar Months, as the convicting Justice shall think fit; and if such subsequent 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.

Damaging, &c.
uny Fence,
Wall, Stile, or
Gate.

First Offence.

.

XXIII. And be it enacted, That if any Person shall unlawfully and maliciously cut, break, throw down, or in anywise destroy any Fence of any Description whatsoever, or any Wall, Stile, or Gate, or any Part thereof respectively, 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 Second Offence. SO convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every 'such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Twelve Calendar Months, as the convicting Justice shall think fit; and if such subsequent 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.

*Damaging any Property whatSoever.

XXIV. And be it enacted, That if any Person shall wilfully or maliciously commit any Damage, Injury, or Spoil to or upon any Real or Personal Property whatsoever, either of a public or private Nature, for which no Remedy or Punishment is hereinbefore provided, every such Person, being convicted thereof before a Justice of the Peace, shall forfeit and pay such Sum of Money as shall appear to the Justice to be a reasonable Compensation for the Damage, Injury, or Spoil so committed, not exceeding the Sum of Five Pounds; which Sum of Money shall, in the Case of private Property, be paid to the Party aggrieved, except where such Party shall have been examined in proof of the Offence; and in such Case, or in the Case of Property of a public Nature, or wherein any

public

2

public Right is concerned, the Money shall be applied in such Manner as every Penalty imposed by a Justice of the Peace under this Act is herein-after directed to be applied; and if such Sum of Money, together with Costs (if ordered), shall not be paid either immediately after the Conviction, or within such Period as the Justice shall at the Time of the Conviction appoint, the Justice may commit the Offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, as the Justice shall think fit, for any Term not exceeding Two Calendar Months, unless such Sum and Costs be sooner paid: Provided always, that nothing herein contained shall extend to any Case where the Party trespassing acted under a fair and reasonable Supposition that he had a Right to do the Act complained of, nor to any Trespass, not being wilful and malicious, committed in hunting, fishing, or in the Pursuit of Game, but that every such Trespass shall be punishable in the same Manner as before the passing of this Act.

Exception as to

Trespass in hunting, fishing, or pursuing Game..

Owners not es

sential to con

XXV. And be it enacted, That every Punishment and For Malice against feiture by this Act imposed on any Person maliciously committing any Offence, whether the same be punishable upon Indictment or upon summary Conviction, shall equally apply and be enforced, stitute Offence, whether the Offence shall be committed from Malice conceived

against the Owner of the Property in respect of which it shall be committed, or otherwise.

Principals in

the Second De

gree, and Accessories in Felonies.

XXVI. And be it enacted, That in the Case of every Felony punishable under this Act, every Principal in the Second Degree, and every Accessory before the Fact, shall be punishable with Death or otherwise, in the same Manner as the Principal in the First Degree is by this Act punishable; and every Accessory after the Fact to any Felony punishable under this Act shall, on Conviction, be liable to be imprisoned for any Term not exceeding Two Years; and every Person who shall aid, abet, counsel, or procure the Commission of any Misdemeanor punishable under Misdemeanors. this Act, shall be liable to be indicted and punished as a principal Offender.

Abettors in,

Court may, for indictable Offences, order. hard Labour or solitary Confinement.

XXVII. And be it enacted, That where any Person shall be convicted of any indictable Offence punishable under this Act, for which Imprisonment may be awarded, it shall be lawful for the Court to sentence the Offender to be imprisoned, or to be imprisoned and kept to hard Labour, in the Common Gaol or House of Correction, and also to direct that the Offender shall be kept in solitary Confinement for the Whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, as to the Court in its Discretion shall seem meet.

Persons found committing af

fence against

XXVIII. And, for the more effectual Apprehension of all Offenders against this Act, be it enacted, That any Person found committing any Offence against this Act, whether the same be punishable upon Indictment or upon summary Conviction, may be immediately apprehended, without a Warrant, by any Peace Officer, or the Owner of the Property injured, or his Servant, or any Person authorized by him, and forthwith taken before some neighbouring Justice of the Peace, to be dealt with according to Law.

this Act, may be apprehended without a War

rant.

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Limitation as

to summary Proceedings.

Evidence admissible.

XXIX. And be it enacted, That the Prosecution for every Offence punishable on summary Conviction under this Act shall be commenced within Three Calendar Months after the Commission of the Offence, and not otherwise; and the Evidence of the Party aggrieved shall be admitted in proof of the Offence, and also the Evidence of any Inhabitant of the County, Riding, or Division in which the Offence shall have been committed, notwithstanding any Forfeiture or Penalty incurred by the Offence may be payable to the general Rate of such County, Riding, or Division.

Mode of com、 pelling Appearance of Persons charg ed with Offences, punish

able summarily.

XXX. And, for the more effectual Prosecution of all Offences punishable on summary Conviction under this Act, be it enacted, That where any Person shall be charged on the Oath of a credible Witness before any Justice of the Peace with any such Offence, the Justice may summon the Person charged to appear at a Time and Place to be named in such Summons; and if be shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person, by delivering the same to him personally, or by leaving the same at his usual Place of Abode,) the Justice may either proceed to hear aud determine the Case ex parte, or issue his Warrant for apprehending such Person and bringing him before himself or some other Justice of the Peace; or the Justice before whom the Charge shall be made may (if he shall so think fit,) without any previous Summons (unless where otherwise specially directed), issue such Warrant; and the Justice, before whom the Person charged shall appear or be brought, shall proceed to hear and determine the Case.

Abettors in Offences punishable summarily.

XXXI. And be it enacted, That where any Offence is by this Act punishable on summary Conviction, either for every Time of its Commission, or for the First and Second Time only, or for the First Time only, any Person who shall aid, abet, counsel, or procure the Commission of such Offence, shall on Conviction before a Justice of the Peace, be liable, for every First, Second, or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a principal Offender is by this Act made liable.

Application of XXXII. And, with regard to the Application of all ForfeiPenalties. tures and Penalties upon summary Convictions under this Act, be it enacted, That every Sum of Money which shall be forfeited for the Amount of any Injury done (such Amount to be assessed in each Case by the convicting Justice) shall be paid to the Party aggrieved, if known, except where such Party shall have been examined in proof of the Offence, and in that Case, or where the Party aggrieved is unknown, such Sum shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by any Justice of the Peace, whether in addition to such Amount or otherwise, shall be paid to some one of the Overseers of the Poor, or to some other Officer (as the Justice may direct) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Party aggrieved Rate: Provided always, that where several Persons shall join in by several Of the Commission of the same Offence, and shall, upon Conviction thereof,

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fenders jointly,

to be paid only

one Penalty.

& 8 GEO. IV. Cap. 30.(Malicious Injuries.) thereof, each be adjudged to forfeit a Sum equivalent to the Amount of the Injury done, in every such Case no further Sum shall be paid to the Party aggrieved than that which shall be forfeited by One of such Offenders only; and the corresponding Sum or Sums forfeited by the other Offender or Offenders shall be applied in the same Manner as any Penalty imposed by a Justice of the Peace is hereinbefore directed to be applied.

Justice may

commit Persons

not paying Pe

nalties.

[ XXXIII. And be it enacted, That in every Case of a summary Conviction under this Act, where the Sum which shall be forfeited for the Amount of the Injury done, or which shall be imposed as a Penalty by the Justice, shall not be paid, either immediately after the Conviction, or within such Period as the Justice shall, at the Time of the Conviction, appoint, it shall be lawful for the convicting Justice (unless where otherwise specially directed) to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, according to the Discretion of the Justice, for any Term not exceeding Two Calendar Months, where the Amount of the Sum forfeited, or of the Penalty imposed, or of both (as the Case may be), together with the Costs, shall not exceed Five Pounds; and for any Term not exceeding Four Calendar Months, where the Amount, with Costs, shall not exceed Ten Pounds; and for any Term not exceeding Six Calendar Months in any other Case; the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs.

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Scale of Im

prisonment.

Party convicted

certain Cases.

XXXIV. Provided always, and be it enacted, That where any Person shall be summarily convicted before a Justice of the may be disPeace of any Offence against this Act, and it shall be a First charged in Conviction, it shall be lawful for the Justice, if he shall so think fit, to discharge .the Offender from his Conviction, upon his making such Satisfaction to the Party aggrieved, for Damages and Costs, or either of them, as shall be ascertained by the Justice.

XXXV. And be it enacted, That it shall be lawful for the King's Pardon. King's Majesty to extend His Royal Mercy to any Person imprisoned by virtue of this Act, although he shall be imprisoned for Non-payment of Money to some Party other than the Crown.

Summary Conviction a Bar to other Proceedings.

XXXVI. And be it enacted, That in case any Person convicted of any Offence punishable upon summary Conviction by virtue of this Act, shall have paid the Sum adjudged to be paid, together with Costs, under such Conviction, or shall have received a Remission thereof from the Crown, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment adjudged in the first Instance, or shall have been discharged from his Conviction in the Manner aforesaid, in every such Case he shall be released from all further or other Proceedings for the same Cause.

XXXVII. And be it enacted, That the Justice before whom any Person shall be convicted of any Offence against this Act may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall require; videlicet,

Form of Con viction.

BE it remembered, That on the Day of the Year of our Lord

at

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in the County • of , [or Riding, Division, Liberty, City, &c., as the Case may be], A. O. is convicted before me J. P., One of His Majesty's Justices of the Peace for the said County [or Riding, &c.], for that he the said A. O. did [specify the Offence, and the Time and Place when and where the same was committed, as the Case may be; and on a Second Conviction state the First Conviction ]; and I the said J. P. adjudge the said A. O. for his said Offence to be imprisoned in the [or to be imprisoned in the and there kept to hard Labour] for the Space of [or, I adjudge the said A. O. for his said Offence to forfeit and pay [here state the Penalty actually imposed, or state the Penalty, and also the • Amount of the Injury done, as the Case may be ], and also to pay the Sum for Costs; and in default of immediate Payment of the said Sums, to be imprisoned in the [or to be imprisoned in the and there kept to hard Labour] for the Space of

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of

unless the said

Sums shall be sooner paid; [or, and I order that the said Sums shall be paid by the said A. O. on or before the the said Sum of

• of

Day of -]; and I direct that [i. e. the Penalty only ] shall be paid to aforesaid, in which the said Offence was committed, to be by him applied according to the Directions of the Statute in that Case made and provided; [or that the said Sum of, [i. e. the Penalty] shall be paid to, &c. as before ], and that the said Sum of [i. e. the Sum for the Amount of the Injury done] shall be paid to C. D. [the Party ag grieved, unless he is unknown or has been examined in proof of the Offence, in which Case state that Fact, and dispose of the whole like the Penalty, as before]; and I order that the said Sum of for Costs shall be paid 'to [the Complainant]. Given under my Hand and Seal, the Day and Year first above mentioned.'

Appeals to the
Sessions.

XXXVIII. And be it enacted, That in all Cases where the Sum adjudged to be paid on any summary Conviction shall exceed Five Pounds, or the Imprisonment adjudged shall exceed One Calendar Month, or the Conviction shall take place before One Justice only, any Person, who shall think himself aggrieved by any such Conviction, may appeal to the next Court of General or Quarter Sessions, which shall be holden not less than Twelve Days after the Day of such Conviction, for the County, Riding, or Division wherein the Cause of Complaint shall have arisen; provided that such Person shall give to the Complainant a Notice in Writing of such Appeal, and of the Cause and Matter thereof, within Three Days after such Conviction, and Seven clear Days at the least before such Sessions, and shall also either remain in Custody, until the Sessions, or enter into a Recognizance with Two sufficient Sureties before a Justice of the Peace, conditioned personally to appear at the said Sessions and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded; and upon such Notice being given, and such Recognizance being entered into, the Justice before whom the same shall be entered into, shall liberate such Person if in Custody; and the Court at such Sessions shall hear and determine the Matter of the Appeal, and shall make such Order therein, with or without Costs to either Party, as to the Court shall seem meet; and in case of the Dismissal of the Appeal, or the Affirmance of the Conviction, shall order and adjudge the Offender to be punished according to the Conviction, and to pay such Costs as shall be awarded, and shall, if necessary, issue Process for enforcing such Judgment.

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