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Burnaby's case,

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"take away any corn or grain growing, or rob any orchards or gar "dens, or break or cut any hedge, pales, rails, or fence; or dig up, or take up any fruit-tree or trees in any orchard, garden, or elsewhere, to the intent to take and carry the same away; or "shall cut or spoil any wood, or underwoods, poles, or trees "standing, not being felony by the laws of this realm, their procurers and knowing receivers shall, on conviction by one wit"ness before one magistrate, make compensation at discretion to "the party injured, or be publicly whipped."

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+ Sect. 2. By 15 Car. 2. c. 2. the constable may search the houses of suspected wood-stealers, and carry offenders before a justice, who shall be liable to the penalties of 43 Eliz. if they do not give a satisfactory account of the wood found in their pos

session.

Upon these acts the following resolutions have been made.

+ Sect. 3. That these acts were not made merely against base Lord Ray. 900. and indigent offenders, but that a gentleman or offender so styled in the conviction, is within the penalties if he is guilty of the offence.

5 Co. 34.

Salk. 282.

Sayer, 204.

Sect. 4. That the conviction must state the number and the nature of trees cut down; for that is the measure by which the justice is to assess the damages.

+ Sect. 5. That the manner also of the stealing must be stated in the conviction, that the Court may judge whether it be felonious or not, or whether the money ordered to be paid was an adequate compensation to the party injured.

Stealing Shrubs and Plants.

Sect. 1. By 6 Geo. 3. c. 96. IT IS RECITED, "That the disposition of nursery-men to improvements in planting and gardening, through Great Britain, is of great use to the public; and many nursery-men, gardeners, and others, have collected and cultivated, at great expense, roots, shrubs, and plants of every country, and imported, cultivated, and exported, great quantities thereof, and do thereby support themselves and many others of his majesty's subjects; and whereas many evil-disposed persons, well knowing the value of such roots, shrubs, and plants, have, of late years, frequently entered into nurseries, gardens, and other inclosed grounds in general, and of the nursery-men and gardeners in particular, and have dug up, taken, or carried away, out of such nurseries and garden-grounds, roots, shrubs, and plants, and likewise destroyed others on the spot, to a very considerable value:" for remedy whereof IT IS ENACTED, "That all ting down, &c." and every person and persons that shall in the night-time pluck in the night-time up, dig up, break, spoil, or destroy, or carry away any roots, or roots, &c. in shrubs, or plants, of the value of five shillings, and which inclosed ground," shall be growing, or standing, or being in the garden-ground, nursery-ground, or other inclosed ground, of any person or persons whomsoever, shall be deemed and construed to be

Penalty on cut

any timber trees

&c.

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guilty of felony; and every such person or persons shall be subject and liable to the like pains and penalties as in cases of "felony; and the court, by and before whom such person or perર sons shall be tried, shall, and hereby have authority to transport such person or persons, for the space of seven years, to of his majesty's plantations in America, in like manner as "other felons are directed to be transported by the laws and sta"tutes of this realm:

**

any

+ Sect. 2. By 6 Geo. 3. c. 36. it is also enacted, "That all and every person and persons who shall be wilfully aiding, abetting, "or assisting in such plucking up, digging up, cutting, breaking, "spoiling, or destroying, or carrying away, such root, shrub, "or plant, roots, shrubs, or plants, as aforesaid, of the value "aforesaid; or who shall buy or receive such root, shrub, or plant, "roots, shrubs, or plants, of the value aforesaid, knowing the same to be stolen; shall be subject and liable to the same "punishment, as if he, she, or they, had stolen the same: any law "to the contrary in any wise notwithstanding."

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+ Sect. 3. By 6 Geo. 3. c. 48. s. 3. it is recited, that "many idle and disorderly persons have, of late years, made a practice of plucking or digging up, cutting, spoiling, or destroying, and Persons contaking or carrying away, divers and sundry sorts of roots, shrubs, victed of pluckand plants, (many of which are of great value) out of the fields, ing up, &c. any nurseries, gardens, and garden-grounds, and other cultivated root, &c. out of lands of divers of his majesty's subjects;" it is therefore enacted, private culti "That all and every person who shall pluck up, or cut, spoil, or forfeit, &c. destroy, of take, or carry away, any root, shrub, or plant, roots, "shrubs, or plants, out of the fields, nurseries, gardens, gardengrounds, or other cultivated lands, of any person or persons "whomsoever, without the consent of the owner or owners "thereof first had and obtained, and shall be thereof convicted upon the oath of one or more credible witness or witnesses, "before any one or more justice or justices of the peace for the 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 sums 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 convicted shall again com"mit 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 justice's 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 authorr rity to transport such person, for the space of seven years, to any of his majesty's plantations in America, in like manner

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"as

Howe's Case, Cases Cro. Law, 378.

Howe's Case,

Cases Cro.
Law, $78.

Cases Cro.
Law, 378.

Persons stealing turnips, cab

any garden, &c.

"as other felons are directed to be transported by the laws and "statutes of this realm."

Sect. 4. It is settled, that this latter statute, although it make the offender liable only to pecuniary penalties for the first and second offence, does not repeal the 6 Geo. 3. c. 36. but that they are in pari materiâ for the protection of shrubs under the different situations described.

+ Sect. 5. It has been decided on these statutes, that 6 Geo. 3. c. 36. applies only to the offence of stealing or destroying shrubs in the night-time, be their value to what amount it may. Sect. 6. It is also said that the 6 Geo. 3. c. 48. was intended to protect roots, shrubs, and plants, both by day and night.

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Stealing Vegetables.

Sect. 1. By 13 Geo. 3. c. 32. s. 1. it is enacted, "That if any person shall steal and take away, or maliciously pull up or bages, &c. from "destroy any turnips, potatoes, cabbages, parsnips, pease, or shall forfeit 10s. carrots, growing or being in any garden, lands, or grounds, open or inclosed, and shall be thereof convicted before any beside the value « justice or justices of the peace for the county or place where "the offence shall be committed, either by the confession of the party offending, or by the oath of one or more credible witness

on conviction,

of the goods

stolen.

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or witnesses (which oath such justice or justices is and are hereby empowered to administer), every person so offending, "and being convicted as aforesaid, shall forfeit and pay, upon "such conviction, such sum of money not exceeding the sum of "ten shillings, over and above the value of the goods stolen, as to "such justice or justices shall seem meet; which sum of money "shall be distributed between the owner of such turnips, potatoes, cabbages, parsnips, pease, or carrots, and the overseers of "the poor, or other persons having the charge and disposal of the "funds of the poor of such parish or place where the offence shall "be committed, for the use of the poor of such parish or place, "in such proportion as such justice or justices shall think fit; or "the whole of such sums shall be given to the owner of such "turnips, potatoes, cabbages, parsnips, pease, or carrots, or to "the overseers of the poor, or other persons having the charge "and disposal of the funds for the use of the poor of such parish or place, according to the discretion of such justice or justices; "and in default of payment of such penalty, of which the offender "hath been convicted as aforesaid, such justice or justices shall "and may commit such offender to the house of correction, there "to be kept to hard labour for any time not exceeding one "calendar month, unless such penalty shall be sooner paid or satisfied: and if the offence is committed in that part of Great "Britain called Scotland, such justice or justices shall and may "commit such offender to prison, there to remain for any time "not exceeding one calendar month, unless such penalty shall be "sooner paid or satisfied; and the bringing of the offender or "offenders before such justice or justices of the peace may be "done, and the proceedings against offenders, under the authority of this act, may be carried on, in the most summary manner."

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+ Sect.

lowed.

Sect. 2. By 13 Geo. 3. c. 32. s. 2. And for the more easy con- Informations of viction of persons offending against this act, it is further enacted, owners to be "That in all informations, and other proceedings for any of the taken and al"offences aforesaid, the evidence of the owner or owners of "such turnips, potatoes, cabbages, parsnips, pease, or carrots, " and of the inhabitants of the parish or place where the offence "shall be committed, shall be taken and allowed; any law, custom, rule, order, or usage, to the contrary notwithstanding."

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+ Sect. S. But by 13 Geo. 3. c. 32. s. 3. it is provided, "That "where any such conviction shall be upon the oath of the owner " or owners, the whole of the penalty or forfeiture shall be paid "to the overseer or overseers of the poor of the parish or place "where the offence shall be committed, for the use of the poor "of such parish or place."

Madder Roots.

ing or destroy

pay to the over

+ Sect. 1. By 31 Geo. 2. c. 35. s. 5. It is RECITED, " that the Persons congrowth and cultivation of madder is of great consequence to the victed of stealtrade and manufactures of this kingdom:" therefore for prevent- ing madder ing the stealing or destroying of madder roots, IT IS ENACTED, roots, are, for the first offence, "That if any person or persons shall steal and take away, or wil- to make satis“fully and maliciously pull up or destroy any madder roots faction for the "growing or being in any lands or grounds belonging to any damage; and "person or persons, and shall be thereof convicted before any seers of the poor "justice or justices of the peace of the county, town, or place, of the parish, a "where the offence shall be committed, either by confession of fine not exceed"the party offending, or by the oath of any credible witness or ing 10s. &c. "witnesses (which oath such justice or justices is and are hereby "authorised and empowered to administer) every person so “offending, and being convicted of such offence in manner herein "before mentioned, shall, for the first offence, give and pay to "the owner or owners of the madder roots so stolen, pulled up "or destroyed, such satisfaction for his or their damage thereby sustained, and within such time as the said justice or justices shall "appoint; and shall over and above pay down, upon such convic"tion, unto the overseers of the poor of the parish where the offence or offences was or were committed, for the use of the said "poor, such sum of money not exceeding ten shillings, as to the "said justice or justices shall seem meet; and if any such offender " or offenders shall not make such recompence or satisfaction to "the said owner or owners, and also pay such sum to the use of "the poor, in manner and form aforesaid; then the said justice or justices shall and may commit such offender or offenders to "the house of correction, for any space not exceeding one month; “and shall and may order such offender or offenders to be whip"ped by the constable, or other officer, as to the said justice or justices shall seem meet; and if any such person or persons "shall again commit the like offence, and be thereof convicted as "aforesaid, then he, she, or they so offending the second time, "and being thereof convicted as aforesaid, shall be committed "to the house of correction for three months."

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† Sect. 2. By 31 Geo. 2. c. 35. s. 6. it is provided, "That no Prosecution to

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be within

person thirty days after

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person or persons shall be prosecuted for any such offence of "stealing, pulling up or destroying of madder roots, unless such "prosecution be begun within thirty days after the offence com"mitted."

Breaking into Lead Mines and stealing Lead.

↑ Sect. 1. By 25 Geo. 2. c. 10. s. 1. it is recited, “That by experience it hath been found, that wad or black cawke, commonly called black lead, is and hath been necessary for divers useful purposes, and more particularly in the casting bomb shells, round shot, and cannon balls; and that such wad, black cawke, or black lead, hath hitherto been discovered in one mountain, or ridge of hills, only in this realm; and that great waste and destruction therein hath of late years been made by wicked and evil-disposed persons, who, by reason of the situation of the mine or mines, wad-hole or wad-holes of the said wad, black cawke, or black lead, and of the great difficulty to secure and preserve the same from being unlawfully broke, or by force entered into; and also by reason of the small punishment by the laws now in being, annexed to offences of the like kind, have been encouraged unlawfully to enter, and by force to keep possession of the same; and from thence unlawfully to take and carry away great quantities of the said wad, black cawke, or black lead; for the more effectual security of all and every mine or mines, wad-hole or wad-holes of wad or black cawke, commonly called black lead; and for preventing the unlawful breaking and entering into the same; or the unlawful taking and carrying away from such mine or mines, wad-hole or wad-holes, any wad, black cawke, or black lead; and for punishing such offenders in a more exemplary manner, than by the laws in being can now be done," it is enacted, "That all and every person or persons that shall unlawfully break, or by force enter "into any mine or mines, wad-hole or wad-holes of wad or black "cawke, commonly called black lead, or into any pit, shaft, adit, or vein of wad, black cawke, or black lead, with an intent to "take and carry away from thence any wad, black cawke, or "black lead; or shall unlawfully from thence take and carry away any wad, black cawke, or black lead, although such mine or mines, wad-hole or wad-holes, pit, shaft, adit, or vein, be "not actually broke, or by force entered into by such offender or the assisting" or offenders; or shall aid, abet, assist, hire, or command any person or persons to commit such offence or offences as afore"said; that then, and in every such case, all and every such person or persons shall be deemed and construed to be guilty of "felony; and it shall and may be lawful for the court or judge, "before whom any such person or persons so offending as aforeOffenders to be " said shall be lawfully convicted, to order such offender or committed for a "offenders to be committed to the prison or gaol of the said year, and publicly whipt; county appointed for criminals, or to some house of correction "within the same county, for a time not exceeding one year, "there to be kept to hard labour during all the said time, and "to be publicly whipt by the common hangman, or by the mas"ter of such house of correction, at such times and at such places, and in such manner, as such court or judge shall think

The entering any mines of

black lead, with intent to steal,

or hiring persons to do so, felony.

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