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"to the next general quarter-sessions of the peace, to be filed

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" amongst the records of the said sessions; which said conviction "shall be good and effectual in law to all intents and purposes;

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" and shall not be quashed, set aside, or adjudged void or insuffi- Conviction not cient, for want of any form of words whatsoever; nor to be liable to be "liable to be removed by certiorari into his majesty's court of quashed, &c. King's Bench, but shall be deemed and taken to be final to all "intents and purposes whatsoever."

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+ Sect. 13. It has been decided, that the statute 6 Geo. 3. Howe's case, c. 48. does not repeal 6 Geo. 3. c. 36. but that they are in pari Cases C. L. materiâ, and to receive a construction accordingly.

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+ Sect. 14. By 9 Geo. 3. c. 41. s. 8. it is recited, "That great The recited destruction having been made of hollies, thorns, and quicksets, clause, &c. growing upon his majesty's forests and chases within this king- the Royal dom, to the great prejudice of his majesty's deer, and other Forests. game therein; and also of hollies, thorns, and quicksets growing in the woods and wood-grounds of his majesty's subjects; for the better preventing such evil practices and abuses for the future," it is enacted, "That the said clause in the said act "made in the sixth year of his present majesty's reign, and all "and every the penalties, forfeitures, and punishments thereby "inflicted, and all other provisions, clauses, matters, and things 66 relating thereto, shall extend, and be deemed, taken, and con"strued to extend, and shall be applied and put in execution, in "relation to all his majesty's forests and chases within this "realm; and to all and every person or persons who shall, with"out legal right or authority, by night or day, cut down, destroy, take, carry, or convey away any hollies, thorns, or quicksets growing or being upon any of his majesty's said forests or "chases, or within the woods or wood-grounds of any of his "majesty's subjects; or who shall have in his, her, or their custody or possession any such hollies, thorns, or quicksets, 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 majesty's justices of the peace in the manner "scribed and directed by the said act; and such justice or jus"tices is or are hereby authorized to administer oaths, and pro"ceed in the like manner for the conviction and punishment of

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every offender in the premises, as fully and effectually to all "intents and purposes as if the several provisions in the said "act had been herein particularly repeated and applied to the "offences hereinbefore specified."

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Sect. 15. By 13 Geo. 3. c. 33. reciting, that doubts having prevailed whether any other trees than those mentioned in 6 Geo. 3. c. 48. shall be deemed and taken to be timber trees within the meaning of the said act; IT IS ENACTED, for the better preservation of the several useful and valuable timber trees hereafter mentioned, casually omitted to be mentioned in the said act, "That the trees called poplar, alder, larch, Poplar, alder, "maple, and hornbeam, shall also be deemed and taken to be larch, maple, and hornbeam, "timber trees: And all and every person or persons who shall to be deemed wilfully cut or break down, bark, burn, pluck up, lop, top, timber trees. 66 crop,

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"crop, or otherwise deface, damage, spoil, or destroy, or carry "away any poplar, alder, larch, maple, and hornbeam, or any "part thereof, or the lops or tops thereof, without the consent "of the owner or owners thereof first had and obtained, or of some person intrusted with the care of such tree or trees; such person or persons shall, if found guilty of any offence or "offences, be convicted in like manner as persons are directed "so to be, for offences of the like kind, concerning trees, deemed "timber trees, in the above in part recited act; and upon such "conviction or convictions shall be liable to all and every the "penalties, forfeitures, and punishments therein inflicted for any "such like offence or offences; and all and every justice and justices of the peace is and are hereby authorized, on complaint "made to him or them of any offence or offences, to administer "oaths, and to proceed in like manner to conviction and punish"ment of every offender against this act, as fully and effectually "as if the said trees hereby declared, deemed, and taken to be "timber trees, had been expressly so deemed and declared to "be in the said act passed in the sixth year of his present majesty's reign; and such conviction and convictions shall be "certified by the justice or justices before whom the same shall "be made to the next quarter-sessions of the peace to be holden "for the county wherein such offence or offences were com"mitted, in the form of words, or to that effect, directed by the "said act; and all and every the forfeitures for offences against "this act shall be paid and applied in the manner forfeitures are "directed to be paid in the said recited act."

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It is remarkable, that two statutes passed in the same session of parliament, upon the same subject-the protection of treesthe enactments of which are very different. They both passed in the 6 Geo. 3. one being c. 36, the other c. 48. By the former it is made a felony, in the night time, to destroy any timber tree. By the latter, the wilfully destroying a timber tree is only a penalty of £20, to be recovered by summary conviction; a second offence incurs the penalty of £30; and the third offence is declared felony. By the black act, it is felony without benefit of clergy, unlawfully and maliciously to cut down or destroy any trees planted in any avenue, or growing in any garden, &c. for ornament, shelter, or profit. Agreeable, however, to the other ruling in the other cases comprised in the same clause of the black act, it must be done from malice against the owner of the trees, to subject the offender to the punishment formerly capital, but now, as altered by st. 4 Geo. 4. c. 54. to transportation, &c.

The names of the owners of the trees must be truly stated in the indictment, or it will be bad. (1 Leach, 287. R. v. Patrie and Pepper.)

The statutes of 6 Geo. 3. c. 36. and 6 Geo. 3. c. 48. also protect shrubs and plants; but as the wilful destruction of them is blended in the enacting clauses with the stealing of them, those clauses will be found before set out in title "Larceny-of things attached to the freehold."

Burning

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Burning Heath, Furze, Fern, &c.

By stat. 4 and 5 Will. and Mary, c. 23. s. 11. it is " provided " and enacted, that for the better preserving the red and black "game of grouse, commonly called heath-cocks, or heath-polts, no person whatsoever, on any mountains, hills, heaths, moors, forests, chases, or other wastes, shall presume to burn, between "the 2d of February and 24th of June, any grig, ling, heath, furze, goss, or fern, upon pain that the offender or offenders, "shall be committed to the house of correction for any time not "exceeding one month, and not less than ten days, there to be whipped and kept to hard labour.”

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The subsequent act of the 28 Geo. 2. c. 19. s. 3. does not affect to repeal the above mentioned clause; but, merely reciting that the laws then in being were not sufficient to prevent the offences, enacts, "That if any person or persons, not having a right or legal licence to do the same, shall, after the 1st August, "1755, set fire to, burn, or destroy, or shall abet, aid, or assist "in or at the burning or destroying of any goss, furze, or fern, growing or being in or upon any forest or chace within England, without the licence or consent of the owner or proprietor, or the person chiefly entrusted with the care, oversight, "and custody of such forest or chase; or some part thereof," &c.

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The statute then proceeds to give a summary jurisdiction to one or more justices of the peace, to convict the person so offending in a certain penalty, and to commit him to gaol in default of payment for a given time.

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Cutting Hop-binds.

By 6 Geo. 2. c. 37. s. 6. it is enacted, "That if any person or persons, during the continuance of the 9 Geo. 1. c. 22. "(which is made perpetual by 31 Geo. 2. c. 42.) shall unlawfully and maliciously cut any hop-binds growing on poles, in any plantation of hops, every person or persons so offending "shall suffer death without benefit of clergy. (1)

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+ Sect. 2. By 10 Geo. 2. c. 32. s. 4. it is enacted, "That all Provisions of "the provisions in 9 Geo. 1. c. 22. for the more speedy and Geo. 1. c. 22. easy bringing the offenders against the said act to justice, and "the persons who shall conceal, aid, abet, or succour such against this act. offenders, and for making satisfaction and amends to all and

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66 every the person and persons, their executors and adminis"trators, for the damages they shall have sustained or suffered by any offender or offenders against the said act, and for the encouragement of persons to apprehend and secure such "offender and offenders, and for the better and more impartial "trial of any indictment or information which shall be found, "commenced or prosecuted for any of the offences committed against the said act, together with all restrictions, limitations,

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(1) So much of this act as inflicts the punishment of death without benefit of clergy, is repealed by stat. 4 Geo. 4. c. 46., and the punishment substituted in lieu thereof, is, " at the discretion of "the court, to be transported beyond the seas for

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"life, or for any term not less than seven years, or "to be imprisoned only; or to be imprisoned and "kept to hard labour in the common gaol or house "of correction, for any term not exceeding seven "years."

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"and mitigations by the said act directed, shall, during the con"tinuance of the said act, extend to and be of force and effect " in all cases of offences committed by unlawfully and maliciously breaking down or cutting down the bank or banks of any river, or any sea bank, whereby any lands shall be overflowed or damaged, or by unlawfully and maliciously cutting any hop"binds growing on poles in any plantation of hops, or by wilfully and maliciously setting on fire, or causing to be set on "fire, any mine, pit, or delph of coal, or cannel coal."

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Destroying Head or Mound of a Fish-pond.

By stat. 9 Geo. 1. c. 22. s. 1. it is enacted, "If any person " or persons, after 1st of June, 1723, shall unlawfully and mali"ciously break down the head or mound of any fish-pond,

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whereby the fish shall be lost or destroyed, or shall forcibly "rescue any person being lawfully in custody of any officer "or other person, for any the offences before mentioned, or if any person or persons shall, by gift or promise of money or "other reward, procure any of his majesty's subjects to join him "or them in any such unlawful act; every person so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy." Clergy is also ousted from offenders not surrendering on proclamation, and from such as aid, conceal, abet, or succour them, after the time for their surrender has expired.

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The punishment is mitigated by the subsequent stat. 4 Geo. 4. c. 54. and a lighter one substituted, viz. At the discretion "of the court to be transported beyond the seas for the term of "seven years, or to be imprisoned only, or to be imprisoned and kept to hard labour in the common gaol or house of correction " for any term not exceeding three years." The like punishment is also inflicted on those procuring, counselling, aiding, or abetting the commission of the offence.

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Thomas Ross was indicted for unlawfully, maliciously, and feloniously breaking down the head and mound of two fishponds, whereby the fish therein were lost and destroyed. By the evidence it clearly appeared, that the intention of the offenders was to steal the fish, and that the mounds were broken down to let off the water, by which method the fish were the more easily taken; and there was no evidence that the fish were lost or destroyed by escaping through the breach. The judges held the conviction wrong, as the stealing of fish was provided for by another clause of the black act; and if it were originally within that act, it was provided for by the subsequent stat. of 5 Geo. 3. (a) Vide ante, c. 14. (a) And to bring it within the black act, the breaking down the pond head must be done from motives of malice. 2 E. 1067.

P. 193.

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2. Coal Mines.

By 10 Geo. 2. c. 32. it is enacted, "That if any person or persons shall wilfully and maliciously set on fire, or cause to "be set on fire, any mine, pit, or delph of coal, or cannel coal, every person so offending, being thereof lawfully convicted, "shall be adjudged guilty of felony, and shall suffer death as in "cases of felony, without benefit of clergy."

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+ Sect. 2. By 13 Geo. 2. c. 21. IT IS RECITED, "That it is Persons drownreasonable that an adequate punishment should likewise be ing coal-pits, inflicted on persons who shall wilfully and maliciously destroy damages, and shall pay treble or damage collieries by means of water as aforesaid," AND full costs. ENACTED, "That if any person shall unlawfully, wilfully, and maliciously divert, or cause to be diverted, water from any "river, brook, water-course, channel, or land flood, or convey, "or cause to be conveyed, water into any coal work, mine, pit, or delph of coal, or into any subterraneous cavities or passages, or make, or cause to be made, any subterraneous cavities or passages, with design thereby to destroy or damage any coal "work or mine, pit, or delph of coal belonging to any other person or persons, or shall, for that purpose, unlawfully, wilfully, "and maliciously destroy or obstruct any sough or sewer (which "has been a sough or sewer in common for fifty years) made for draining any coal work, mine, pit, or delph of coal, or shall "attempt or continue any such mischievous practice, or shall aid or assist therein in manner aforesaid; every such person shall, "for every such offence, forfeit and pay to the party or parties "aggrieved, treble damages and full costs of suit, to be sued for " and recovered by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster.” (1)

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+ Sect. 3. By 13 Geo. 2. c. 21. s. 2. it is provided, "That Except such nothing in this act contained shall prevent or restrain, or be drains, sewers, "construed to prevent or restrain, any person or persons, being "the owner or owners of any sough, drain, or sewer, from destroying, obstructing or diverting, using or disposing of any "such sough, drain, or sewer, in such manner as he, she, or they "respectively may now lawfully do."

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For the further protection of this and other mining property, the stat. 9 Geo. 3. c. 29. s. 3. enacts, That if any person or "persons shall at any time after the first of July, 1769, wilfully or maliciously set fire to, burn, demolish, pull down, or other"wise destroy, or damage any fire-engine or other engine, erected or to be erected for draining water from collieries or coal "mines, or for drawing coals out of the same; or for draining "water from any mine of lead, tin, copper, or other mineral; or any bridge, waggon way, or trunk, erected or to be erected for "conveying coals from any colliery or coal mine, or staith for depositing the same; or any bridge or waggon-way erected or "to be erected for conveying lead, tin, copper, or other mineral, "from any such mine; every such person being lawfully con"victed of any of the said offences, or of causing or procuring "the same to be done, shall be adjudged guilty of felony, and "shall be liable to the same pains and penalties as in cases of felony; and the court before whom such person shall be tried "shall have authority to transport such felon for the term of 66 seven years, in like manner as other felons are directed to be,

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Sect. 4. provides that no person shall be prosecuted for any

(1) There is a singular difference in the punishments imposed by these two statutes: setting fire to the mine is felony without benefit of clergy, but

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drowning it is punished with only treble damages to the party injured, and full costs of suit.

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