Linen. offence by virtue of this act, "unless such prosecution be com"menced within eighteen months after the offence committed." 66 Again by stat. 39 and 40 Geo. 3. c. 77. s. 1. entitled "An "act for the security of collieries and mines, and for the better regulation of colliers and miners;" reciting that "from the situation of the veins and mines of coal and iron stone, they are greatly exposed to the depredations of evil disposed persons, and the laws in being are inadequate to the protection thereof," enacts, "That if any person or persons shall, after the first of Septem"ber, 1800, wilfully and maliciously pull down, fill up, or begin or attempt to pull down, or fill up, any air way, water way, drain, pit, level, or shaft, or damage or destroy any rail way, "train-road, or other road leading to or from, or intended to "lead to or from any coal or other mine work; or if any person or persons (not having a bonâ fide claiming a right to possess "or work the same respectively), shall, after the said time, wil"fully and unlawfully cut, dig, raise, take, or carry away any coal, culm, or other mineral, from any bed, band, vein, or mine, "lying and being in any waste, open or uninclosed lands; or "shall wilfully and unlawfully enter into any level, pit, or shaft, "with an intent to dig, cut, raise, take, or carry away therefrom "any coal, culm, or other mineral; or shall aid, abet, assist, hire, or command any person or persons to commit any such offence 66 or offences as aforesaid, then and in every such case all and "every such person or persons shall be deemed and adjudged guilty of a misdemeanor, and the court before whom any such person or persons shall be tried and convicted shall have authority to cause such person or persons to be imprisoned for "any term not exceeding six months." 66 66 66 66 66 "Provided (by s. 2.) this shall not extend to any trespass or damage done or committed under ground by any owner or owners of any adjoining coal, or other mine, in working the same, or by any person or persons duly authorised and employed in such working as aforesaid." By s. 9. "No person shall be prosecuted for any offence "against this act, unless such prosecution be begun within nine "calendar months after the offence committed." Manufactures. By 4 Geo. 3. c. 37. s. 16. it is enacted, "That whoever shall "break into any house, shop, cellar, vault, or other place or "building, or by force enter into any house, shop, cellar, vault, " or other place or building, with intent to steal, cut, or destroy "any linen yarn, or any linen cloth, or any manufacture of linen yarn, belonging to any manufactures, or the looms, tools, or "implements used therein; or shall wilfully or maliciously cut "in pieces or destroy any such goods, either when exposed to "bleach or dry, shall suffer as in cases of felony without benefit "of clergy." But this act shall not extend to Scotland or Ireland. + Sect. 2. By 22 Geo. 3. c. 40. s. 1. it is further enacted, "That "That whoever shall, by day or by night, break into any house Woollen. 66 By 28 Geo. 3. c. 55. s. 4. it was enacted, "That if any person Knitting frames. or persons shall, by day or by night, enter by force into any "house, shop, or place, with an intent to cut or destroy any "frame-work knitted pieces, stockings, or other articles or goods 66 66 being in the frame, or upon any machine or engine thereto an"nexed, or therewith to be used or prepared for that purpose; "or shall wilfully and maliciously cut or destroy any frame-work "knitted pieces, stockings, or other articles or goods being in the "frame, or upon the machine or engine as aforesaid, or prepared "for that purpose; or shall wilfully and maliciously break, destroy, or damage any frame, machine, engine, tool, instrument, "or utensil, used in and for the working and making of any such "frame-work knitted pieces, stockings, or other articles or goods "in the hosiery or frame-work knitted manufactory, not having "the consent of the owner so to do, or break or destroy any machinery contained in any mill or mills used or any way employed "in preparing or spinning of wool or cotton for the use of the "stocking frames; every offender, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be transported to some of his majesty's dominions beyond seas, for any space or term of years not exceeding fourteen years, nor less 66 "than seven years." 66 But the 4 Geo. 4. c. 46. reciting the former acts of the 4 Geo. 3. c. 37. 22 Geo. 3. c. 40. and 28 Geo. 3. c. 55. repeals the whole of the 22 Geo. 3., (except so much of it as repealed former acts,) and so much of the 4 Geo. 3. and 28 Geo. 3. as create felonies" in damaging or destroying manufactures, implements or machinery,' and then enacts, " If any person shall by day or by night break into "any house, shop, or building, or enter by force into any house, shop, or building, with intent to cut, break, destroy, or damage "in the loom or frame, or on any machine or engine annexed thereto, or on the rack or tenters, any woollen, silk, linen, or "cotton goods, or any goods of any one or more of those mate"rials mixed with each other, or mixed with any other material; "or to cut, break, destroy, or damage any other article of the "woollen, silk, linen, or cotton manufactures in the loom, or "frame, or on any machine or engine annexed thereto, or on the rack, or tenters; or to cut, break, destroy or damage, any warp or shute of woollen, silk, linen or cotton, or of any one or 66 more of those materials mixed with each other, or mixed with "any other material, or any frame work, knitted piece, stocking " hose, or lace; or to burn, break, cut, destroy or damage any 66 66 "loom, 2 and 3 Ph. & M. c. 12. "loom, frame, machine, engine, rack, tool, tackle, utensil, instru"ment, or implement, whether fixed or moveable, prepared for, " or employed in, carding, spinning throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such goods or articles; or shall wilfully and maliciously and without "lawful authority, cut, break, destroy, or damage, any such "woollen, silk, linen, cotton, or mixed goods, or articles in the "loom or frame, or on any machine or engine annexed thereto, or on the rack or tenters; or burn, break, cut, destroy or da"mage, any such loom, frame, machine, engine, rack, tool, tackle, " utensil, instrument, or implement as aforesaid, every person so offending shall be liable, at the discretion of the court, to be transported beyond the seas for 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. 66 66 To Public Works. By 22 Hen. 8. c. 11. which was repealed by 1 Edw. 6. and revived by 2 and 3 Philip and Mary, c. 19. IT IS RECITED, "That divers evil disposed persons, of their perverse and evil disposition, maliciously, at divers and sundry times, have cut, cast down, and broken up divers parts of the dike called the new powdike in marsh-land in the county of Norfolk, and the broken dike, otherwise called Oldfield dike, by marsh-land in the isle of Ely within the county of Cambridge; by reason whereof, as well by the great abundance of the salt water, as also by the course of the fresh water entering and coming into and by the said parts of the said ditches so broken and cast down, the ground and pastures within the country of marsh-land, in the counties aforesaid, have been divers and many times drowned and surrounded with the waters aforesaid, so that no profit thereof might be taken by the owners and occupiers of the said ground and pastures within marsh-land aforesaid; by the drowning whereof the said owners and occupiers of the said ground, and the inhabitants within the said marsh-land, and the level of the same, at many and sundry times have been not only put to importunate charges and expences, to their extreme damages and costs, but also, to their great undoing, have lost much of their cattle and beasts, then being and pasturing upon and within marsh-land aforesaid, to their great damage and loss, and to the great decay of the common weal of the countries adjoining to the same; and also by reason of the same waters much people have been drowned in their beds within their houses, and have lost the most part of their goods being within the same:" for the reformation whereof it is ENACTED, " That every such perverse and malicious cut ting down and breaking up of any part or parts of the said "dikes, or of any other bank, being parcel of the rind and upper"most part of the said country of marsh-land aforesaid, made Cutting down "for the defence and salvation of the same country of marshor breaking up "land, at every time and times from henceforth by any person or "persons committed and done, otherwise than in working upon "the said banks or dikes, for the repairing, fortifying, and mend of dikes in marsh-land is felony. of offenders and ❝ing of the same, be taken, reputed, and adjudged felony, and, "that the offenders and doers of the same, and every of them, "be adjudged and reputed felons. And that the justices of the "peace of the said counties of Norfolk and Cambridge, within Justices of the "the said isle, at every of their sessions within the same isle and peace to inquire "counties to be kept, by the authority aforesaid, have full power award process, "to cause inquiry to be made of every such offence, so at any &c. "time, in form aforesaid, hereafter to be committed and done, " and to award like process against every of the said offenders, "with like judgment and execution of the same, if they or any "of them be thereof found guilty by verdict or otherwise, as the "said justice hath used and accustomed to do upon other felonies, being felony at the common law." Sea and River Banks. + Sect. 1. By 6 Geo. 2. c. 37. made perpetual by 31 Geo. 2. c. 42. "Whoever shall unlawfully and maliciously break down " or cut down the bank or banks of any river, or any sea-bank, "whereby any lands shall be overflowed, or damaged, shall suffer "death without clergy.” (a) (a)Repealed, as to taking away clergy, by 4 Geo. 4. c. 46. ; and other punishments, viz. transportation, imprisonment with or without hard labour, in discretion of court, substituted. + Sect. 2. By 8 Geo. 2. c. 20. made perpetual by 27 Geo. 2. c. 16. "Whoever shall wilfully or maliciously pull down, pluck " up, throw down, level, or otherwise destroy any lock, sluice, "floodgate or other works, on any navigable river erected by authority of parliament; or forcibly rescue any person or persons in lawful custody for the same, shall suffer death without "benefit of clergy." The offence may be tried in any adjacent county, but without corruption of blood, &c. 66 + Sect. 3. It is also enacted by the said statute, par. 2. "That "whoever shall wilfully and maliciously draw or pluck up any "floodgate, fixed or made in any wear or lock erected by autho"rity of parliament, in or upon any navigable river, for pre"serving the navigation thereof, on conviction by one witness, "before two justices of that or of the adjacent county, shall be I sent to hard labour for one month in the house of correction; "-and the hundred made liable, to the amount of twenty "pounds, &c." 66 + Sect. 4. And it is further enacted by 10 Geo. 2. c. 32. "That whoever shall unlawfully cut off, draw up, or remove and carry away any piles, chalk, or other materials which shall be "driven into the ground and used for the securing any marsh, or "sea-walls or banks, in order to prevent the lands, lying within "the same, from being overflowed and damaged, shall forfeit "twenty pounds; one moiety to the informer, the other to the "poor; and in default, by distress, shall be kept at hard labour "for six months. Any one justice of the place, on information upon oath, may summon the offender to appear, or issue his warrant to apprehend him, and upon appearance, or nonappearance, may convict, on confession, or the oath of one witness." 66 + Sect. 5. And it is further enacted by the above statute, z 2 "That to the punish "That all the provisions of the Black Act of 9 Geo. 1. c. 22. "for the bringing offenders, their aiders and abetters, to justice; "for making compensation to the party injured; for the reward "for apprehending offenders, &c. and for the more impartial punishment of the offences therein mentioned; together with "all restrictions, limitations, and mitigations of the said act, shall "extend to all cases of offences by breaking down or cutting "down any bank or banks of any river, or any sea-bank, whereby any lands shall be overflowed or damaged." + Sect. 6. By 4 Geo. 3. c. 12. s. 5. which recites, "That the laws in being were not sufficient for the preservation of banks, floodgates, sluices, and other works belonging to navigable rivers," and thereupon it is enacted, "That whoever shall wil"fully or maliciously break, throw down, damage or destroy any "banks, floodgates, sluices, or other works, or open or draw up any floodgate, or do any other wilful hurt or mischief to any navigation erected by authority of parliament, so as to obstruct, "hinder, or prevent the carrying on, completing, supporting, " or maintaining such navigation, may be transported for seven "years." " 66 66 Bedford Level. Sect. 1. By 27 Geo. 2. c. 19. "Whoever shall maliciously cut, break down, burn, demolish, or destroy any bank, mill, engine, floodgate or sluice, erected, made, supported, or maintained for the purpose of benefiting the Bedford Level, shall (a) Repealed, as suffer death without (a) clergy." And further, "Whoever shall "maliciously stop, dam up, demolish, damage, or destroy any "river, drain, water-course, door, dam, bridge, or other works "erected for the purposes aforesaid, on conviction before two justices for the counties and isles, or either of them, shall forfeit one hundred pounds." ment of death, by 4 Geo. 4. c. 46. transportation, imprisonment, 66 66 West India Docks. By the act of the 39 Geo. 3. c. 69. for improving the port of London, it is enacted (s. 4.), "That if any person or persons "whosoever shall wilfully and maliciously set on fire any of the "works to be made by virtue of this act, or any ship or other "vessel lying or being in the said canal, or in any of the docks, "basins, cuts, or other works to be made by virtue of this act; every person so offending in any of the said cases shall be adjudged guilty of felony, without benefit of clergy. And if any person or persons shall knowingly, wilfully, or maliciously "demolish, break down, cut, or destroy any of the works to be "made by virtue of this act, or any ship or vessel lying in the "said canal, or in any of the said docks, basins, cuts, or other "works; then every such offender, being convicted thereof, shall "suffer punishment by fine, imprisonment, or transportation, at "the discretion of the judge, &c. before whom such offender "shall be tried and convicted." 66 Destroying Turnpike Gates. By stat. 3 Geo. 4. c. 126. 128. it is enacted, "That if any 66 person |