them appointed, should not, within the faid fix months, pay, or cause to be paid, to the collector or receiver of the excife duties appointed to receive the fame, all and every the duties of excife to which the fame were fubject and liable; and should omit to procure or bring fuch certificate, therein before directed to be had and made, from fuch collector or receiver to fucb warehouse keeper or warehouse keepers, and to the officer of excife attending the fame, of the payment of the faid duties of excife within the time aforefaid; that then it should and might be lawful to and for the faid commiffioners of excife, or the major part of them, for the time being, to direct and order fuch rum or fpirits, fo lodged in fuch warehouse or warehouses, for which the faid duties fhould not be paid within the time aforefaid, to be put up to fale at publick cant or auction to the best bidder or bidders for the fame; and that the money arifing by fuch fale should, in the first place, be applied in difcharge of the duties payable thereon, and the charges attending fuch warehouse or warehouses, and alfo the expence of fuch fale; and the furplus of the monies fo arifing by fuch fale (if any) after payment of the faid duties and charges, fhould go and be paid to the proprietor or importer of the faid rum and Spirits who fo`landed and lodged the fame in the faid warehoufe: and whereas it may tend to the encouragement of the importation and re-exportation of rum or Spirits of the growth, produce, or manufacture, of the British fugar plantations into and from this kingdom, and be of greater eafe to the proprietor or importer of the fame, if the faid term of fix months, by the faid act given and granted for fuch rum or Spirits fo to be warehoused in the manner by the faid act directed, be enlarged to a longer time; be it therefore enacted by the authority aforefaid, The term of That from and after the first day of July, one thousand seven 6 months hundred and fixty fix, the faid term of fix months, fo given and granted by the granted in and by the faid act of the fifteenth year of his late recited act, majefty King George the Second above recited, fhall be extended for rum or fpitits from the and enlarged to the fpace of twelve calendar months for the British fugar purposes in the faid act mentioned, under the fame provisions plantations to and regulations, and with fuch powers and authorities, as are be warehoufed,before pay. granted, prescribed, or appointed, in and by the faid recited act, ment of the or any other act or acts of parliament now in force, with refpect duties of exto the landing and warehousing of rum or fpirits of the growth, cife, after 1 produce, or manufacture, of the British sugar plantations into July, 1766, is enlarged to the kingdom of Great Britain.

12 months.

V. And be it further enacted by the authority aforesaid, That if any perfon or perfons fhall be fued, molested, or profecuted, for any thing done by virtue or in purfuance of this act, fuch perfon or perfons fhall and may plead the general iffue, General iffue. and give this act, and the special matter in evidence, in his or their defence or defences; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs thall discontinue his or their action or actions, or be nonfuited; or judgement fhall be given against him, her, or them, upon demurrer, or otherwife, then fuch defendant or defendants fhall have treble cofts awarded to him, her, or them, against any Treble costs. fuch plaintiff or plaintiffs.

VOL. XXVII.

S

CAP.

Preamble.

from and af

ter 24 June, 1766, perfons

convicted of

damaging

CAP. XLVIII.

An att for the better prefervation of timber trees, and of woods and underwoods; and for the further prefervation of roots, fhrubs, and plants.

WHEREAS the prefervation of timber trees, or trees likely to become timber, is of great confequence to this kingdom; may it therefore please your Majefty, that it may be enacted; and be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the twenty fourth day of June, one thousand seven hundred and fixty fix, every perfon who fhall wilfully cut or break down, bark, burn, pluck up, lop, top, crop, or otherwife deface, damage, fpoil, or dedeftroying, or ftroy, or carry away, any timber tree or trees, or trees likely to carrying away become timber, or any part thereof, or the lops or tops thereany timber of, without the confent of the owner or owners thereof firft had trees, &c. or the lops or and obtained, or, in any of his Majesty's forests or chases, tops thereof, without the consent of the furveyor or furveyors, or his or their without con- deputy or deputies, or perfon or persons intrusted with the care fent of the of the fame, and fhall be thereof convicted upon the oath of one owner, &c. or more credible witness or witnesses, before any one or more of his Majesty's juftices of the peace for the county, city, riding, divifion, district, or place, wherein fuch offence fhall have been committed, fhall, for the first offence, forfeit and pay fuch fum forfeit, for the of money, not exceeding twenty pounds, as to fuch justice or first offence, juftices fhall feem meet, together with the charges previous to not exceeding 201. with the and attending fuch conviction, to be ascertained by fuch juftice or justices who shall convict the offender; and upon non-payment thereof, fuch juftice or juftices fhall commit the offender to the common gaol of the county or place where the offence to be commit. fhall be committed, there to remain without bail or mainprize ted for not for any time not exceeding twelve months, nor less than fix more than 12, months, or until the penalty and charges fhall be paid; and if nor less than 6 any person so convicted fhall be guilty of the like offence a second for the fecond time, and fhall be thereof convicted in like manner, fuch peroffence, a fum fon fhall forfeit and pay fuch fum of money, not exceeding thirty not exceeding pounds, as to fuch juftice or justices fhall feem meet, together 301. &c.

charges attending ;

and on non

payment, are

months;

and on non

payment, are to be commit

ted for not more than 18, nor less than 12 months;

and for the

third offence,

are to be tranf.

ported for 7 years.

with the charges previous to and attending fuch conviction, to be ascertained by fuch justice or juftices who fhall convict the offender; and upon non-payment thereof, fuch juftice or justices fhall commit the offender to the common gaol of the county or place where the offence fhall 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 fhall be paid; and if any perfon fo convicted shall be guilty of the like offence a third time, and fhall be thereof convicted in like manner, fuch perfon fhall be deemed guilty of felony, and the court, by and before whom such person fhall be tried, shall and hereby hath authority to transport such person

or

or perfons, for the space of seven years, to any of his Majefty's plantations in America, in like manner as other felons are directed to be tranfported by the laws and ftatutes of this realm.

timber trees within the

meaning of

II. And be it enacted by the authority aforesaid, That all What trees oak, beech, chefnut, wallnut, afh, elm, cedar, fir, afp, lime, are deemed fycamore, and birch trees, fhall be deemed and taken to be timber trees within the true meaning and provision of this act. III. And whereas many idle and diforderly perfons have, of late the act. years, made a practice of plucking or digging up, cutting, Spoiling, or deftroying, and taking or carrying away, divers and fundry forts of roots, fhrubs, and plants (many of which are of great value) out of the fields, nurferies, gardens, and garden grounds, and other cultivated lands, of divers of his Majesty's fubjects; be it therefore enacted by the authority aforefaid, That from and after the Perfons con twenty fourth day of June, one thousand feven hundred and victed of fixty fix, all and every person who shall pluck up, or cut, fpeil, plucking up, or destroy, or take or carry away, any root, fhrub, or plant, taking away, fpoiling, or roots, fhrubs, or plants, out of the fields, nurseries, gardens, any root, or garden grounds, or other cultivated lands, of any perfon or thrub, or perfons whomfoever, without the confent of the owner or own- plant, out of ers thereof first had and obtained, and shall be thereof convicted vated ground, private cultiupon the oath of one or more credible witness or witnesses, before any one or more credible witness or witnesses, before any one or more justice or justices of the peace for the county, city, riding, divifion, district, or place, wherein fuch offence thall have been committed, fhall, for the first offence, forfeit and pay forfeit, for the such sum or fums of money as to fuch juftice or juftices fhall ft offence, seem meet, not exceeding forty fhillings, together with the any fum not exceeding 40s. charge previous to and attending fuch conviction, to be afcer- with the tained by fuch juftice or justices who fhall convict the faid of- charges; fender; and if any person so convicted fhall again commit the for the 2d oflike offence, and fhall be thereof convicted in manner aforefaid, fence, a sum fuch perfon and perfons being fo convicted fhall; for fuch fe- not exceeding cond offence, forfeit and pay fuch fum of money as to the faid 51. with the charges; juftice or juftices fhall feem meet, not exceeding five pounds, together with the charges previous to and attending the conviction of fuch offender; and if any perfon fo before convicted, fhall

a third time commit the like offence, and fhall be thereof con- 3d offence, are victed, fuch perfon fo convicted fhall, for fuch third offence, to be tranfbe deemed guilty of felony, and the court, before whom fuch ported for 7 perfon fhall be tried, fhall and hereby hath authority to tranfyears. port fuch perfon, for the fpace of feven 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 ftatutes of this realm.

IV. And whereas many iḍle and disorderly perfons have of late years made a practice of going into the woods, underwoods, and wood grounds, of divers of his Majesty's fubjects, and there cut, and carried away, great quantities of young wood, of various kinds, for making of poles and walking flicks, and for various other ules; and, in beech, and other woods and underwoods, under pretence of getting

S 2

fire

Perfons convicted of cut

away, any

wood, or underwood,

poles, fticks,

&c.

or fhall have

firewood, have cut down, boughed, Split off, or otherwise damaged or destroyed the growth of the faid woods and underwoods, to the great injury and damage of the lawful owners thereof: and whereas the laws now in being are not found fufficient to remedy the aforefaid evils; be it therefore enacted by the authority aforefaid, That all and every person and persons who, from and after the twenting, damag. ty fourth day of June, one thousand seven hundred and fixty fix, ing, or taking fhall go into the woods, underwoods, or wood grounds, of any of his Majefty's fubjects, not being the lawful owner or owners thereof, and fhall there cut, lop, top, or fpoil, fplit down or damage, or otherwise destroy, any kind of wood or underwood, poles, fticks of wood, green ftubs, or young trees, or carry or convey away the fame; or fhall have in his, her, or their cuany fuch in ftody, any kind of wood, underwood, poles, fticks of wood, their cuftody, green ftubs, or young trees, and fhall not give a fatisfactory acwithout being count how he, the, or they, came by the fame, and fhall be able to ac- thereof convicted before any one or more of his faid Majefty's tarily for the juftices of the peace, on the oath of one or more credible witness or witneffes; fhall, for the first offence, forfeit and pay immediately on conviction, any fum not exceeding the fum of forty fhillings, together with the charges previous to and attending fuch conviction, to be afcertained by the faid juftice or juftices who fhall convict the offender or offenders: and if any perfon or perfons fhall commit any of the offences aforesaid a fecond time, and fhall be thereof again convicted in manner aforefaid; he, the, or they, fhall forfeit and pay any fum not exceeding the fum of five pounds, together with the charges previous to and attending fuch conviction, to be afcertained as aforefaid: and if any person or perfons fhall commit any of the offences aforefaid a third time; that then fuch perfon and perfons, being duly convicted thereof according to law, thall be deemed and adjudged an incorrigible rogue or rogues, and shall be punished as fuch.

count fatisfac

fame;

forfeit for the

ift offence
any fum not
exceeding 40s.
with the
charges;

and for the 2d
offence any
fum not ex-
ceeding 51.
with the
charges;

and for the 3d

offence are to

be punished as incorrigible

rogues.

Power given to justices of the peace to put this act

execution.

in

Where the re

V. And be it enacted by the authority aforefaid, That his Majefty's justices of the peace for the respective counties, cities, ridings, divifions, or places, wherein any of the offences committed against this act fhall be done, are hereby authorized to put this act in execution, and to adminifter an oath to any fuch credible witness or witnesses.

VI. And whereas 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 fum forfeited, and charges incurred thereby; fuch offenders frequently having no goods or other chattles, whereon the fame can be levied; therefore be it enacted, That it fhall and may be lawful for fuch juftice or juftices, unless the refpective forfeitures fhall be paid down upon conviction forthwith, where not otherwife feitures fhall directed by this act, by warrant under his or their hands and not be paid feals to commit fuch offender or offenders for the first offence, to down on con- the houfe of correction for one month, to hard labour, and to be viction, the offenders may once whipped there; and for the fecond offence, where not otherbe committed wife directed by this act, to the house of correction for three

fpective for

to hard la

months,

months, to hard labour, and to be whipped there once in every bour; for the one of the faid three months.

Ift offence for
I month, and

to be once whipped; and for the 2d offence for 3 months, and to be thrice whipped. VII. And be it further enacted by the authority aforefaid, Perfons hin

tempting to That if any person or perfons fhall, at any time, hinder, or at- dering, or atprevent, feiztempt to prevent, the feizing or fecuring any person employed in carrying away any fuch timber or other trees; every fuch per- ing offenders, fon fo hindering, or attempting to prevent, fuch feizing or fe- forfeit 10l. to convicting curing, fhall, for every fuch offence, forfeit and pay the fum the perfon of ten pounds to the perfon or persons who fhall convict fuch offender and if the faid fum be not immediately paid on con- and if not paid viction, the perfon or perfons fo convicted fhall be, by the ju- down, are to ftice or juftices before whom he, she, or they, fhall be convicted, be committed committed to the house of correction, to hard labour, for any not exceeding time not exceeding fix calendar months.

them;

6 months.

not otherwise

VIII. And be it further enacted, That one moiety of all and Application every the forfeitures herein before directed to be paid in pursuance of forfeitures of this act, and not otherwife directed, fhall go to the informer, directed to be and the other moiety to the person or perfons aggrieved.

applied. IX. And be it further enacted by the authority aforefaid, Convictions to the general That the conviction and convictions of all and every offender be certified to quarter fefand offenders against this act, fhall be certified by the justice or juftices of the peace before whom the fame fhall be made, to the hons, next general quarter feffions of the peace, to be filed amongst and filed. the records of the said feffions; and that such conviction fhall be fairly written on parchment or paper in the following form of words (as the cafe frall happen) or in any other form of words to the like effect; that is to fay,

upon the complaint of C. D. convicted before
of the juftices of the peace for

day of Form of con

A. B. was,

in pursuance

of an act paffed in the fixth year of the reign of his majefty King George the Third, for

as the cafe fhall be.

Given under

hand and feal

the day and year above written.

viction.

Which faid conviction shall be good and effectual in law to all intents and purposes; and fhall not be quafhed, fet afide, or Conviction adjudged void or infufficient, for want of any form or words not liable to whatsoever; nor to be liable to be removed by Certiorari into his be quafhed for I Majefty's court of King's Bench, but shall be deemed and taken want of form, to be final to all intents and purposes whatsoever.

or to be removed.