8. 3.

Constables, &c.

timber, &c.

tions aforesaid, to be levied by distress, &c, and where no distress can be found, the said offender shall be committed to the common gaol of the county where such offence was committed, by warrant of such justice, for any time not exceeding 12 months; and every person buying or receiving any tree knowing the same to be stolen, shall, on conviction as aforesaid, be liable to the penalties aforesaid. And by s. 3. it shall be lawful for any constable or other person, by warrant of any justice of may search for peace, granted upon information on oath, to make search in all suspected houses and places, for any wood, trees, poles, or timber; and if such person shall find any of the premises in the possession of any person suspected to be guilty, he shali bring such suspected person before such justice of peace; and if such person shall not make. full proof to the satisfaction of such justice, that such woods, trees, poles, or timber, were fairly and honestly bought by such person, or given to him by the owner or proprietor thereof, such person shall stand convicted of a breach of this act, and shall be subject to the penalties above inflicted for the 1st offence; and no writing of any person acknowledging the receipt of a valuable consideration for such wood, &c. shall be deemed a sufficient proof of a fair purchase, until the truth of such writing be ascertained. Provided (s. 4.) that any person aggrieved by any adjudication of any such justice, may appeal to the next quarter sessions for the county, &c. where such offence is supposed to have arisen, whose 15 & 16 Geo. 3. determination shall be final. And the 15 & 16 Geo. 3. c. 26. Ir. further enacts, that every person who shall Several offences wilfully cut down, or break down, bark, burn, pluck up, lop, top, or otherwise damage, spoil or destroy any timber tree, or fruit tree, or any young trees or shoots, or how punished. any part thereof, without the consent of the owner; or who shall be aiding or assisting in so doing; or who shall have in his possession any timber-tree, or any kind of wood, under-wood, poles, sticks of wood, shoots or young trees, [shrubs, plants, or roots,] and shall not give a satisfactory account that he came fairly by the same, or who shall fix up in any church or chapel the green

8. 4.

Appeal to

sessions.

c. 26. s. 2. Ir.

in respect to timber trees, fruit trees, shrubs, c.

branches

s. 3.

What trees

trees.

branches of any tree or shrub, having the leaves on it, except holly, bay, lauristina, yew, or ivy, and shall be convicted upon the oath of a witness before a justice of peace within his jurisdiction, shall forfeit such sum not exceeding £5. as to such justice shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justice, and upon non-payment such justice shall commit such offender to the common gaol, or house of correction of such county, by warrant, for any time not exceeding 6 months, or until the penalty, &c. shall be paid. And by s. 3. all oak, beech, ash, elm, larix, sycamore, walnut, chesnut, cherry, lime, poplar, alder, quicken, or mountain-ash, holly- deemed timber timber, sallow, asp, birch, cedar, pine, and fir trees, shall be taken to be timber trees, within this act, and every other act now in force relative to timber trees, By s. 4. every person who shall [wilfully cut down, or break down, pluck up, or spoil, burn or destroy, or take, carry, or convey away any shrub, plant, or root, out of ting down, Sc the nurseries, gardens, woods, or fields of any other shrubs, &c. person, without the consent of the owner, or who shall be aiding or assisting in so doing,] or who shall make use of any gads, withs, bows, or backbands, made of Or making use wood, on his ploughs, harrows, cars, carts, harness, or gads, &c. tackle,* or in whose custody any gads or withs shall be found, or who shall make use of any scollops of oak or ash, or any other timber tree, for thatching of houses; or who shall put up any may-bush opposite or near to his house, or suffer any may-bush to be so put up, or to remain for 3 hours opposite or near to his house; or who shall keep any bark or rind of trees in his house or possession,

By the 21 Geo. 2. c. 13. s 15. Ir. all cars and carriages making use of any part of any saplin or tree, for a bow or backband, or making use of any saplins twisted into gads for backbands, halters, traces to draw by, or gads, commonly called long gads, shall, for passing through any turnp ke-gate pay 144. over and above the toll required to be paid by any act now in force; and every horse carrying any pack tied with gads made as aforesaid, shall, for passing through, &c. pay 1d. above the toll required to be paid by any act now in force; and the trustees of every turnpike-act are required to give notice in writing (by posting the same on every turnpike-gate) that said additional tolls Will be demanded.

s. 4.

Penalty for cut

of

s. 6.

Powers and duties of justices of peace.

session, not being a known tanner or dyer, or person lawfully possessed of trees or woods, or not having lawfully obtained the same from some person so possessed of trees or woods, and shall be convicted upon the oath of a witness before a justice of peace within his jurisdiction, shall forfeit such sum of money as to such justice shall seem meet, not exceeding 40s. together with the charges previous to and attending such conviction, to be ascertained by such justice who shall convict said offender; and upon non-payment thereof, such justice shall commit such offender to the common gaol or house of correction of such county, by warrant, for any time not exceeding 3 months, or until said penalty and charges shall be paid. And by s. 6. justices of peace within their jurisdictious are authorized to put this act in execution, and to administer oaths to witnesses; and one moiety of such forfeitures inflicted by this act, and not otherwise applied, shall be paid to the informer, with full costs, and the other to the poor of the parish; and it shall be lawful for any constable or other person, by warrant of any justice of peace, to make search in all suspected houses and places within the jurisdiction of such justice, for any timber or fruit trees, sticks, shoots, [shrubs, plants, roots,] or bark; and if such constable or person shall find any such in the possession, house, out-house, field, or ground, of any person suspected to be guilty of any of the offences aforesaid, he shall bring such suspected person before such justice of peace; and if such person shall not make full proof to the satisfaction of such justice, that such timber, &c. was fairly and honestly bought by him, or given to him by the owner, he shall stand convicted of a breach of this act, and shall be subject to the several penalties herein directed for such offence. The 23 & 24 Geo. 3. c. 39. Ir. recites, (s. 13.) that it c. 39. s. 13. Ir. it is usual with timber-stealers to saw and work up, as Fresh wrought soon as possible, the green timber they have illegally timber seized on possessed themselves of; and therefore enacts, that any justice of peace, or person authorized under his hand

23&24 Geo. 3.

suspicion.

and

s. 14.

Proviso.

and seal for that purpose, shall have power to seize all fresh wrought timber, whether wooden ware, cars, carts, fork or shovel handles, hoops, ploughs, harrows, or rakes tails, when found in possession of any suspected person; and if such person cannot give a satisfactory account of having procured them honestly, he shall be liable to such penalty, not exceeding triple the customary value of such wooden ware, &c. so found in his possession, as such justice shall adjudge, one half to the use of the poor of the parish, and the other to the informer; or, if there be none, to such sub or petty constable, or wood-ranger, as shall appear to the justice before whom the offender is convicted, to have been most active in carrying the law into execution. Provided (s. 14.) that if such person so offering to sale such green wrought timber, shall give the security of 2 responsible persons to such justice, or person authorized under him, for his appearance before such justice at a day and hour appointed, in order to exonerate himself of the charge made against him relative to such wrought timber, he may have liberty to sell the same. But by s. 15. if such person when convicted before a justice of peace, shall not immediately pay the fine ordered by such justice, he shall Penalties hoto be committed to the house of correction, or county gaol, until such fine shall be paid; or if not paid, to remain there for such time as said justice shall direct, not exceeding 3 months for the 1st offence, 6 for the 2nd, and 12 for every subsequent offence. And by s. 16. all persons once convicted of cutting down, grubbing up, barking, or otherwise destroying any tree, without the con- subsequent of sent of the owner, before any justice of peace, shall be fences. liable, upon conviction for their 2nd offence, to such fine, not less than £5. nor more than £10. as to such justice shall seem proper, to be disposed of as aforesaid; or, on non-payment thereof, to 6 months imprisonment, and for their 3rd offence to a penalty of £10. or on nonpayment thereof, to an imprisonment for any time not exceeding 12 nor less than 6 months. By s. 17. every person who shall cut down or grub up any tree between Felony to cut sun-set and sun-rise, without the consent of the owner, y night.

shall

s. 15.

enforced.

s. 16.

Penalties for

s. 17.

down, &c. trees

s. 18. Proviso.

s. 20.

s. 1 & 2. Ir.

lands for lives,

7 years, or at

cutting down trees, &c.

shall, upon information being given on oath of a witness, before a justice of peace of the county in which such tree shall have been so cut down, &c. be committed to the county gaol as a felon, and being convicted at the general assizes for said county, shall suffer the pains of felony. But by s. 18. the owners of such trees may pursue the remedies of the 7Geo. 3. c. 23. Ir. ante p. 941. By s. 20. if any person shall discover and prosecute to conReward for dis- viction any person who shall illegally cut down any tree covering offenof the value of 5s. he shall receive a reward of £5. to be ders. levied by presentment of the grand jury at the assizes, in the parish in which such offence shall be committed. 31 G 0.3.c.40. The 31 Geo. 3. c. 40. Ir. which has been already briefly referred to, (vol. 1. p. 441.) enacts, (s. 1 & 2.) that no Persons holding person holding any lands by lease for 1 or more lives, or for years, or by will or sufferance, shall cut down, will, liable to grub up, lop or top any tree, wood, or underwood, laws agamst growing upon the lands so held, under colour of estovers, or of house-bote, plough-bote, hay-bote, cart-bote, or any other bote, or under any pretence, unless so far as such person shall be authorized thereto by covenant in the lease under which the lands are held, or unless such person shall have the consent of the owner thereof under his hand and seal; upon pain of being subject to the penalties enacted against persons who shall wilfully cut down, pluck up, lop, top, or otherwise damage any tree, without the consent of the owner thereof first had [*in writing] And by s. 3. no person in whose possession there shall be found any tree, or any kind of wood, underwood, poles, sticks of wood, shoots or young trees, so cut or grubbed up, contrary to this act, shall be deemed by any justice of peace to have come fairly by the same within the meaning of the 15 & 16 Geo. 3. c. 26. Ir. supra, or within this act. By s. 4. every justice of peace who shall wilfully refuse or neglect to act Duty of justices as a justice of peace upon any complaint touching the offence aforesaid, or any offence against the said recited act, or to carry this, or any law heretofore made for the encouragement

Proviso.

s. 3.

Punishment

where trees, &c. found in the possession of such persons.

s. 4.

of peace en

forced.

This, as Mr. Ball observes, is an erroneous reference to the other acts.