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carry the same into effect, to issue his warrant or warrants,
directed to all proper officers; and the said officers shall be
holden to serve, execute and obey the same, in the same
manner as if such imprisonment or confinement had been the
punishment awarded in the original sentence.
[Approved February 28, 1821.]

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CHAPTER XXXIII.

An Act to prevent and punish Trespasses.

SEC. 1. BE it enacted by the Senate and House of Represent Description of atives, in Legislature assembled, That if any person shall cut Trespasses down, destroy or carry away any tree or trees whatever, placed or growing for use, shade or ornament; or any timber, wood or underwood, standing, lying or growing on land not his own; not having the consent of the owner thereof; or shall throw down or open any bars or gates, fence or fences, and leave the same down or open; or shall injure, mar or deface any fence or fences, belonging to, or enclosing lands not his own; or shall dig up or carry away any stones, ore, gravel, clay, sand, turf or mould, roots, fruit, or plants; or cut down or carry away any sedge, grass, hay or corn, wherein he hath no interest, standing, lying or being on any land not his own; or shall take or carry away from any wharf or landing place, whereof he is not a proprietor or owner, any goods whatever, wherein he hath no interest, without the leave of some person who has interest therein; or shall break the glass, or any part of it, in any building not his own; the person so offending, shall forfeit and pay for each tree or stick of timber so cut down, destroyed or carried Penalty for away; and for each and every other offence, a fine not less than one dollar, nor more than seven dollars, to the use of the State, to be recovered on complaint before any Justice of the Peace in the county where the offence shall be commit- liable also in ted, and shall be liable to answer in damages to the party in- ty injured. jured: Provided, That nothing in this Act shall be construed, Proviso as to to prohibit the surveyors of highways from taking stones and s gravel from uninclosed lands for the repairing of the high-highways.

ways.

committing

damages to par

surveyors of

stones or mon

SEC. 2. Be it further enacted, That if any person shall Penalty for dewilfully break, deface or destroy any mile stone or public strong mile monument, unless properly authorized so to do, the person so uments. offending shall forfeit and pay for each offence, a fine not less than seven dollars, nor more than fifty dollars to the use aforesaid, to be recovered on indictment before the Circuit Court of Common Pleas in the county where the offence shall be committed, and be further liable to answer in damages as aforesaid.

SEC. 3. Be it further enacted, That any person who shall Penalty for commit any of the offences abovementioned, secretly, in the committing any

fences secretly,

of the above of night time, or in disguise, shall forfeit and pay a fine to the by night, or in use of the State, not less than ten dollars, nor more than sixty dollars for each offence, to be recovered on indictment.

disguise.

Counties, towns

may sue for

their buildings

or property.

SEC. 4. Be it further enacted, That when any trespasses and parishes shall be committed on any buildings or enclosures belonging damage done to to any county, town or parish, the county, town, and parish Treasurer, for the time being, shall be and hereby are severally authorized to sue for the damage done to the public building or enclosures of their county, town or parish respectively; and where any public buildings are owned partly by the town and partly by the county, in that case the county or town Treasurer, whoever may first institute an action, may prosecute for damages thus sustained. And where any public building is owned by any school district the town Treasurer may sue therefor in manner aforesaid.

Penalty for en.

tering on a other's grass

land, orchard,

&c. without

leave, with in

tent to destroy
fruits, grass,
&c.

SEC. 5. Be it further enacted, That if any person shall enter upon any grass land, orchard or garden without permission from the owner thereof, with intent to cut, destroy, take or carry away, any grass, hay, fruit or vegetables, with intent to injure or defraud such owner, each person so offending shall forfeit and pay, for every such offence a sum not less than two dollars, nor more than ten dollars to the use of how recovered. the State, to be recovered on complaint before any Justice of the Peace of the County in which the offence shall be committed; and the persons so offending shall also be liable in damages to the party injured.

orchard or grass

leave of owner.

&c.

SEC. 6. Be it further enacted, That if any person having Person carrying entered upon any grass land, orchard or garden, shall take away from any therefrom, without permission of the owner thereof, and with land, without the intent to injure and defraud such owner, any grass, hay, any grass, fruit, fruit, vegetable or shrub, cultivated thereon for ornament or use, such person so offending shall forfeit and pay for each offence, to the use of the State, a sum not less than five, nor more than fifty dollars, to be recovered by indictment or information before the Circuit Court of Common Pleas, in the county where such offence shall be committed, and the person so offending, shall be also liable to the party injured, in a sum equal to three times the value of such grass, hay, fruit, vegetable or shrub, to be recovered by action of the case in any Court of competent jurisdiction.

liable also in damages.

Penalty for cut.

ting or mutat

namental, or shade trees,

SEC. 7. Be it further enacted, That any person who having froit or ring entered upon any grass land, field or orchard, shall, without permission of the owner thereof, and with the intent to injure him, break, bruise, cut, mutilate, injure or destroy, any fruit tree, tree for ornament or shade, or shrub cultivated thereon, for ornament or use, and which shall be standing or growing thereon, such person so offending, shall forfeit and pay to the use of the State, a sum not less than ten dollars, nor more than one hundred dollars, to be recovered by inhow recovered. dictment or information, in manner as is provided in the second section of this Act.

committing

Lord's day or

SEC. 8. Be it further enacted, That if any person, shall Penalty for commit any of the trespasses mentioned in this Act, on the such wrongs on Lord's day or in the night time, that is to say, between sun-by night. setting and sunrising, he shall be liable to double the penalties and forfeitures, the same to be prosecuted for, and recovered in manner as before provided; and all prosecutions for breaches of this Act, shall be commenced within one year from the time the offence shall be committed, or the penalties or forfeitures shall have accrued, and not afterwards.

[Approved March 19, 1821.]

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CHAPTER XXXIV.

An Act to prevent the waste and destruction of Timber and Cord Wood.

Limitation of

prosecutions.

tate or remain

ply to Supreme

leave to cut

Notice to be

Sec. 1. BE it enacted by the Senate and House of Represent- Persons seized atives, in Legislature assembled, That any person seized of of freehold es a freehold estate, or of a remainder or reversion in fee sim- der or reversion ple, or fee tail, in a lot or tract of wood land or timber land fee tail may ap in fee simple or in this State, whereon the trees shall have come to an age Judicial Court and growth fit to be cut, may prefer a petition to the Supreme tomber and cord Judicial Court, holden in any county, representing the state wood. and condition of such trees, and praying that the same may be felled and sold, and the proceeds thereof invested for the use of the persons interested in such wood land; and the said Court may thereupon order due notice to be given to all ordered. persons known to be interested therein, to appear and show cause, if any they have, why the prayer of such petition should not be granted; and after hearing the parties, if any point persons shall appear, may appoint one or more persons to examine to examine and said wood land, or timber land, and if from their report or other evidence which shall be exhibited to the Court, it shall appear that the trees upon said land are of an age and growth fit to be cut, and likely to deteriorate in value, the said Court may, and they are hereby empowered to license and order, on such terms and conditions as said Court shall require, the whole, or such part of such trees, as they shall think proper, to be felled and sold, and the money arising from the sale thereof to be brought into Court subject to their further order.

Court may ap

report.

And may, if thought proper, grant leave on

such terms as

they may di

rect.

sioners to su

cutting and sel

and account for

SEC. 2. Be it further enacted, That the said Court shall court to ap and may appoint one or more commissioners, whose duty it point Commisshall be to superintend and direct, the felling of said trees, perintend the and the sale of the same, and to account to said Court for ling the trees the proceeds thereof, and also to give bond to the Clerk of proceeds to the said Court, or such other person as the Justices of said Court shall appoint, for the faithful performance of the trust. the said Court may, and they are hereby further empowered, to cause the net proceeds of said trees after paying all be invested in

And

Proceeds may

other lands,

stocks, &c.

paid among per

necessary expenses and charges, to be invested in other real estate in this State, or in public stocks, at their discretion, to be holden to the same uses and subject to the same limitations as such wood land or timber land; and the income and Income to be profits thereof, to be paid to the person or persons entitled to sons interested. the income and profits of said wood land or timber land, or to be paid and apportioned to and among the several persons interested in the same estate, in such portions as to the said Court shall appear just and equitable; and also to appoint one or more Trustees to take and hold such estate or stock for the uses aforesaid; and such Trustees to remove and others to appoint in their stead, when and so often as the securi ty and good management of the property shall require it: which Trustees shall also give bond, with good and sufficient sureties, to said Clerk or other person, as aforesaid, for the faithful execution and performance of the said trust.

Court may appoint trustees

to take and

hold stocks, &c.

Trustees to give bond.

Grants, devis

es, &c. of lands

to be estates in

unless clearly designed to be

expressed

otherwise.

[Approved February 28, 1821.]

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CHAPTER XXXV.

An Act to prevent Tenants in common, Joint Tenants and Coparceners, from committing waste, and for other purposes.

SEC. 1. BE it enacted by the Senate and House of Representto two or more atives, in Legislature assembled, That all gifts, grants, feoffcommon and not ments, devises and other conveyances of any lands, tenements joint tenancy, and hereditaments, which have been or shall be made to two or more persons, whether for years, for life, in tail or in fee, shall be taken, deemed and adjudged to be estates in common and not in joint tenancy, unless it has been or shall be therein said that the grantees, feoffees or devisees, shall have or hold the same lands, tenements or hereditaments jointly, or as joint tenants, or in joint tenancy, or to them and the survivor or survivors of them, or unless other words be therein used, clearly and manifestly showing it to be the intention of the parties to such gifts, grants, feoffments, devises, or other conveyances, that such lands, tenements and hereditaments should vest, and be held as joint estates and not as estates in estates already common: Provided nevertheless, Where any estate has already vested in the survivor or survivors, upon the principle of joint tenancy, it shall be held in like manner as it would have been held, if this Act had never been passed; any thing therein to the contrary notwithstanding.

Proviso, as to

vested.

No tenant in

common to cut

timber, &c.

SEC. 2. Be it further enacted, That if any person holding or carry away any lands in common and undivided, shall cut down, destroy from the land or carry away any trees, timber, wood or underwood whatwithout giving soever, standing or lying on such lands, or shall dig up or ing to all the carry off any stone or ore, or any other valuable matter or days previous. make any other strip or waste thereon, without first giving notice in writing under his or their hands, unto all the persons in

notice in writ

co-tenants 40

by

doing, and how

and appropriat

While writ or

terested therein, or to their agents, factors or attornies, forty days beforehand, setting forth that he or they have occasion for, and shall enter upon and improve such lot or lots of lands lying in common as aforesaid, he shall forfeit and pay Penalty for so treble damages, to be recovered by any one or more of the to be recovered persons interested in the same lands, who may prosecute and ed. sue for the same, in an action of trespass in his or their own names, as well on the behalf of the other co-tenants, except the defendant, without being held to name them in the writ, as of him or themselves, one moiety of the aforesaid penalties to be for the use of such person or persons who shall sue for the same, and the other to and for the use of all the co-tenants excepting the defendant, in proportion to their respective interest, in the land where the trespass hath been committed. SEC. 3. Be it further enacted, That when any writ of par- petition for tition shall be brought and served at the suit of any one or partition is more persons so interested in any lot or lots of land, tene- person interestments, or hereditaments, or a petition shall be pending in in the lands, &c. Court for a partition of the same, no person, or persons, hav- sro cuor ing a right or interest in any such lands, tenements or heredi- &c. &c. taments, or holding any part or share of the same in common as aforesaid, while such suit or petition is depending, shall or may cut down, destroy or carry away any trees, timber, wood or underwood, stone or ore, or other valuable matter whatsoever, standing, growing or lying on, or belonging to such lands, or shall otherwise hurt or damage any such lands, tenements or hereditaments, until partition can be made of the same according to law; on pain that the person Penalty for so or persons so offending shall incur the like forfeitures, to be recovered in like manner and for such uses as are before mentioned and declared.

pending, no

ed in common

doing.

timber,

Penalty for de

waste while a

pending against

SEC. 4. Be it further enacted, That if any person or per fendant's maksons shall commence and prosecute any action of ejectment, ing strip or or other real action, for recovering possession of any lands real action is and real estate, unjustly withheld from him or them by any him;" person, and such person in possession or any other persons pending such action, and after the service of the writ therein, shall make strip or waste by cutting, felling or destroying the wood, timber, trees or poles standing or growing on such land sued for; he or they making such strip or waste, shall for every such offence, forfeit and pay to the party aggrieved, treble damages, to be recovered by action in any Court how recovered. proper to try the same, after the plaintiff or defendant has recovered his title and possession of such estate sued for. [Approved March 15, 1821.]

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CHAPTER XXXVI.

An Act directing the mode of transferring Real Estates by Deed.

SEC. 1. BE it enacted by the Senate and House of Repre- All deeds, &c, sentatives, in Legislature assembled, That all deeds or other to be sigued,

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