"of such woods, wood-grounds, parks, chaces, coppices, or plantations, shall cut down, destroy, break, bark, throw down, "burn, take, deface, spoil, or carry away, any wood or springs of "wood, underwood, or coppice wood; or shall in such a riotous, "forcible, tumultuous, secret, or clandestine manner as afore"said, maliciously break open, throw down, level or destroy any 'hedges, gates, posts, stiles, rails, fences, ditches, bank, or inclo"sures of such woods, wood-grounds, coppices, plantations, "timber trees, fruit trees, or other trees, thorns, or quicksets; "that then it shall and may be lawful to and for any two or "more justices of the peace of the county, &c. wherein any "such offence or offences shall be committed, or for the justices "in open sessions, upon complaint to them made by any inha"bitant of the aforesaid parish, &c. or place, or of the owner of "such tree or trees, woods, wood-grounds, parks, chaces, cop"pices, or plantations, or of any other, to cause such offender or "offenders to be apprehended, for the trespasses and offences "aforesaid, or any of them, and to hear and finally determine and adjudge all and every the offence and offences aforesaid. "And if the justices shall convict any person or persons of all "or any of the trespasses and offences aforesaid, then such jus"tices, immediately after such conviction, shall and are hereby required to inflict all and every the same penalties and punish"ments in the said act of the first Geo. 1. hereinbefore mentioned, as fully and largely, and in the same manner, for all "and every the crimes and offences herein-before expressed, although not contained in the said act, as if the same were "here again repeated and re-enacted." 66 66 66 66 Sect. 1. And it is further enacted by 6 Geo. 1. c. 16. "That "whoever shall break down, throw down, level, or destroy any "hedges, gates, posts, stiles, railings, walls, fences, dykes, ditches, "banks, or other inclosures of such woods, wood-grounds, parks, "chaces, or coppices, plantations, timber trees, fruit or other "trees, thorns or quicksets, shall by 6 Geo. 1. s. 2. c. 48. be "committed to the house of correction for three months, and "where there are no houses of correction, to any other prison of "the county or place for four months, and whipped, and on con"viction, by two justices in open sessions; and such lords of manors, owners and proprietors of the same, that is, are, or "shall be damaged thereby, shall have the remedy and satisfac"tion from the adjoining parishes and places as is given by the "above recited act of 13 Edw. 1." 66 + Sect. 2. And it is further enacted by 16 Geo. 3, c. 30. s. 8. "Whoever shall wilfully pull down or destroy, or cause to be wilfully pulled down or destroyed, the pale or pales, or any part of the walls of any forest, chase, purlieu, ancient walk, park, paddock, wood, or other ground where any red or fallow "deer shall be then kept, without the consent of the owner, or person chiefly intrusted with the custody thereof, or being "otherwise duly authorised, shall forfeit and pay the sum of thirty pounds, on information upon oath before one justice, by one witness, &c. and whoever, having been convicted, shall "offend a second time, shall, on conviction by indictment, be "transported 66 66 "transported for seven years, provided the prosecutions be " within six months." 66 + Sect. 3. By 9 Geo. 3. c. 29. s. 3. "Whoever shall wilfully or maliciously demolish, pull down or otherwise destroy or damage any fence made for dividing or inclosing any common, "waste, or other lands or grounds in pursuance of any act of "parliament, or shall cause or procure the same to be done, he "shall be guilty of felony, and transported for seven years." Prosecution to be commenced in eighteen months after the offence committed. Destroying Trees and Underwood. Sect. 1. By 1 Geo. 1. c. 48. it is enacted, "That whoever "shall maliciously break down, cut up, pluck up, throw down, "bark, or otherwise destroy, deface, or spoil any timber tree, "fruit tree, or any other tree, on conviction by any two justices "of the place, or by the justices in sessions, on complaint to "them made by an inhabitant, or the owner, &c. shall be kept "to hard labour for three months, and whipped once a month, "or if there be no house of correction, to any other prison for "four months, and whipped once in every month by the common "hangman, and afterwards find sureties for their good behaviour "for two years, and the party grieved may recover damages and "costs from the inhabitants of the parish, &c. in the same manner and form as is directed by the 13 Edw. 1. st. 1. c. 46. for hedges and dikes overthrown by persons in the night, unless "the offender be convicted in six months by the parish.' 66 66 66 Sect. 2. And by the black act, 9 Geo. 1. c. 22. "Whoever "shall unlawfully and maliciously cut down, or otherwise destroy any trees planted in any avenue, or growing in any garden, " orchard or plantation, for ornament, shelter, or profit; or shall forcibly rescue any person in lawful custody for the same; or "shall by gift, or promise of money, or other reward, procure 66 any of his majesty's subjects to join him or them in any such "unlawful act, shall suffer death without benefit of clergy." (1)· 66 Sect. 3. By 29 Geo. 2. c. 36. s. 8. amended by 31 Geo. 2. c. 41. "If any person shall unlawfully cut, take, destroy, break, "throw down, bark, pluck up, burn, deface, spoil, or carry away any tree, growing in any waste, wood, or pasture, in which any person or persons, or bodies politic or corporate, hath or have "a right of common, he shall incur the like penalty as by 6 Geo. c. 16." 66 66 "1. That divers Penalty on cutting down, &c. in the night-time, any + Sect. 4. By 6 Geo. 3. c. 36. IT IS RECITED, persons have, of late years, wilfully and maliciously cut down, barked, or otherwise destroyed, timber trees, and trees standing for, and likely to become, timber, growing as well in the several inclosed ground, timber trees, or roots, &c. in forests, &c. ❝tion of the court, to be transported beyond the "seas for life, or for such term, not less than seven years, as the court shall adjudge, or to be impri"soned only, or to be imprisoned and kept to hard "labour in the common gaol or house of correc"tion for any term not exceeding seven years." Persons convicted of damaging, &c. any timber trees, &c. or the lops or tops thereof, &c. forfeit, &c. forests, chases, and other open grounds, as in the woods, and plantations, and inclosed grounds, within this kingdom; to the great detriment of the owners of such trees, and to the discouragement of planting in general, so beneficial to Great Britain:" AND ENACTED, "That all and every person and "persons who shall, in the night-time, lop, top, cut down, break, "throw down, bark, burn, or otherwise spoil or destroy, or carry away, any oak, beech, ash, elm, fir, chestnut, or asp, "timber tree, or other tree or trees standing for timber, or likely "to become timber, without the consent of the owner or owners "thereof first had and obtained, 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 persons shall be tried, shall, and hereby have authority to transport such person or persons, for the space of seven years, to any of his majesty's "plantations in America, in like manner as other felons are "directed to be transported by the laws and statutes of this "realm: And all and every person and persons who shall be "wilfully aiding, abetting, or assisting, in such cutting down, breaking, throwing down, barking, burning, or otherwise spoiling or destroying, or carrying away, any such oak, beech, ash, "elm, fir, chestnut, or asp, timber tree, or other tree or trees standing for timber, or likely to become timber, as aforesaid, "shall be liable to the same punishment, as if he, she, or they, "had stolen the same." 66 86 66 66 66 66 + Sect. 5. By 6 Geo. 3. c. 48. IT IS RECITED, "That the preservation of timber trees, or trees likely to become timber, is of great consequence to this kingdom;" AND ENACTED, "That every person who shall wilfully cut or break down, bark, burn, " pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or carry away, any timber tree or trees, or trees likely "to become timber, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof "first had and obtained, or in any of his majesty's forests and chases, without the consent of the surveyor or surveyors, or "his or their deputy or deputies, or person or persons intrusted "with the care of the same, and shall be thereof convicted upon the oath of one or more credible witness or witnesses, before any one or more of his majesty's 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 of money, not exceeding twenty "pounds, as to such justice or justices shall seem meet, together "with the charges previous to and attending such conviction, to "be ascertained by such justice or justices who shall convict "the offender; and upon non-payment thereof, such justice or justices shall commit the offender to the common gaol of the county or place where the offence shall be committed, "there to remain without bail or mainprize for any time not exceeding twelve months, nor less than six months, or until "the penalty and charges shall be paid; and if any person so "convicted shall be guilty of the like offence a second time, and "shall be thereof convicted in like manner, such person shall for 66 66 "feit and pay such sum of money, not exceeding thirty pounds, as "to such justice or justices shall seem meet, together with the charges previous to and attending such conviction, to be ascer"tained by such justice or justices who shall convict the "offender; and upon non-payment thereof, such justice or justices shall commit the offender to the common gaol of the county or place where the offence shall be committed, there to "remain without bail or mainprize for any time not exceeding eighteen months, nor less than twelve months, or until the penalty and charges shall be paid; and if any person so con"victed shall be guilty of the offence a third time, and shall be "thereof convicted in like manner, such person shall be deemed guilty of felony, and the court, by and before whom such per"son shall be tried, shall and hereby hath authority to transport "such person or persons, for the space of seven years, to any of "his majesty's plantations in America, in like manner as other "felons are directed to be transported by the laws and statutes "of this realm." 66 66 + Sect. 6. By 6 Geo. 3. c. 48. s. 2. it is enacted, “That all oak, beech, chestnut, walnut, ash, elm, cedar, fir, asp, lime, sycamore, and birch trees, shall be deemed and taken to be "timber trees, within the true meaning and provision of this "act." 66 + Sect. 7. By 6 Geo. 3. c. 48. s. 4. IT IS RECITED, "That many idle and disorderly persons have of late years made a practice of going into the woods, underwoods, and wood-grounds of divers of his majesty's subjects, and there cut, and carried away, great quantities of young wood, of various kinds, for making of poles and walking sticks, and for various other uses; and in beech, and other woods and underwoods, under pretence of getting firewood, have cut down, boughed, split off, or otherwise damaged or destroyed the growth of the said woods and underwoods, to the great injury and damage of the lawful owners thereof; and that the laws now in being are not found sufficient to remedy the aforesaid evils:" and therefore enacted, "That Persons con"all and every person and persons who shall go in the woods, victed of cut"underwoods, or wood-grounds, of any of his majesty's subjects, wood, &c. or ting, &c. any "not being the lawful owner or owners thereof, and shall there who shall have "cut, lop, top, or spoil, split down or damage, or otherwise any such in "destroy, any kind of wood or underwood, poles, sticks of &c. forfeit, &c. their custody, "woods, green stubs, or young trees, or carry or convey away "the same; or shall have in his, her, or their custody, any "of wood, underwood, poles, sticks of wood, green stubs, or young trees, and shall not give a satisfactory account how he, she, or they came by the same, and shall be thereof convicted "before any one or more of his said majesty's justices of the peace, on the oath of one or more credible witness or wit"nesses; shall, for the first offence, forfeit and pay, immediately on conviction, any sum not exceeding the sum of forty shillings, together with the charges previous to and attending such "conviction, to be ascertained by the said justice or justices who "shall convict the offender or offenders: And if any person or "persons shall commit any of the offences aforesaid a second 66 66 66 kind Justices to put “time, and shall be thereof again convicted in manner aforesaid; "he, she, or they, shall forfeit and pay any sum not exceeding "the sum of five pounds, together with the charges previous to "and attending such conviction, to be ascertained as aforesaid: "And if any person or persons shall commit any of the offences "aforesaid a third time; that then such person and persons, being duly convicted thereof according to law, shall be deemed "and adjudged an incorrigible rogue or rogues, and shall be "punished as such." + Sect. 8. By 6 Geo. 3. c. 48. s. 5. it is further enacted; act in execution. « That his majesty's justices of the peace for the respective "counties, cities, ridings, divisions, or places, wherein any of the "offences committed against this act shall be done, are hereby "authorized to put this act in execution, and to administer an "oath to any such credible witness or witnesses." Persons hinder seizing offenders, &c. Sect. 9. By 6 Geo. 3. c. 48. s. 6. it is recited, "That the mischiefs intended by this act to be prevented may be evaded on account of the offender's not being able to pay down the sum forfeited, and charges incurred thereby; such offenders frequently having no goods or other chattels, whereon the same can be levied;" therefore it is enacted, “ That it shall and may be lawful "for such justice or justices, unless the respective forfeitures "shall be paid down upon conviction forthwith, where not other"wise directed by this act, by warrant under his or their hands "and seals to commit such offender or offenders, for the first offence, to the house of correction for one month, to hard "labour, and to be once whipped there; and for the second " offence, where not otherwise directed by this act, to the house "of correction for three months, to hard labour, and to be whipped there once in every one of the said three months." 66 Sect. 10. By 6 Geo. 3. c. 48. s. 7. it is further enacted, ing, or attempt-That if any person or persons shall, at any time, hinder, or ing to prevent," attempt to prevent, the seizing or securing any person employed in carrying away any such timber or other trees; every "such person so hindering or attempting to prevent such seizing "or securing, shall, for every such offence, forfeit and pay the sum of ten pounds to the person or persons who shall convict "such offender: And if the said sum be not immediately paid 66 on conviction, the person or persons so convicted shall be, by "the justice or justices before whom he, she, or they, shall be convicted, committed to the house of correction, to hard labour "for any time not exceeding six calendar months." Application of forfeitures. Convictions to be certified to sessions. 66 Sect. 11. By 6 Geo. 3. c. 48. s. 8. it is further enacted, "That one moiety of all and every the forfeitures hereinbefore "directed to be paid in pursuance of this act, and not otherwise directed, shall go to the informer, and the other moiety to the person or persons aggrieved." 66 Sect. 12. By 6 Geo. 3. c. 48. s. 9. it is further enacted, "That the conviction and convictions of all and every offender "and offenders against this act, shall be certified by the justice or justices of the peace before whom the same shall be made, "to |