Page:Ruffhead - The Statutes at Large - vol 5.djvu/340

 300 G. 1 6. Anno fexto Georgii Regis, A. D. 171^. . . CAP. XVI. An Aft to explain and amend an Aft paffed in the fir ft Year of his Majefty's Reign, inti- tuled, An Atl to encourage the Planting of Timber-Trees, Fruit-Trees, and other Trees, for Ornament, Shelter or Profit, and for the better Preservation of the fame, and for the prevent- ing the burning of Woods, and for the better Prefervaiioft of the Fences of fuch Woods. 43E/. e. 7. ' L TI7HEREAS divers lewd, lawlefs, turbulent and diforderly; Perfons and others, fome times if Car. 2. c. i. < yy j. n a n open, riotous and tumultuous Manner, and at other times in a clandeftine, malicious, 22C2f2 3 cV. 2.C an( j p r j vat;e Manner, do (without the Confent of the Owners] enter the Woods, Wood-Grounds, ' Coppices, Plantations, Parks and Chafes of divers Lords of -Manors, and other Owners and Proprietors ' thereof, and make great Havock and Deftruction, by cutting down, breaking, throwing down, bark- ' ing, plucking up, defacing, fpoiling, taking or carrying away, the Wood, or Springs of Wood, Poles, ' iV00ds, Tops of Trees, Fruit-Trees, Thorns, Quickfets and Underwoods j there growing or being, 4 and alfo by breaking open, throwing down, levelling or deftroying the Hedges, Gates, Polls,. Stiles, ' Chafes or Coppices, and the Offenders therein being not discovered, pafs with Impunity to the great ' Difcouragement of all Owners, Planters and Prefervers of Wood, and to the great Wrong and Injury ' of fuch Lords of Manors, and other Owners and Proprietors of fuch Woods, Wood-Grounds, Parks, ' Chafes, Coppices, Plantations, Timber-Trees, Fruit-Trees, or other Trees, Thorns or Quickfets : c And whereas fome Doubts have arifen whether the Offences committed in the Day-time, mentioned in 3 Geo, i. ft.. 2. ' an Act pafled in the firft Year of his Majefty's Reign, intituled, An Ail to encourage the Planting ofT'ttn- 6" 4 s - ' ber-Trees, Fruit-Trees, and ether Trees, for Ornament, Shelter or Profit, and for the better Prcfervation-of 1 the fame, and for the preventing the burning of Woods, are punifhable by the faid Act : And whereas c there'is no Provifion made in the faid Act for punifhing the Offences committed by Perfons who fhall ' break open, throw down, level or deftroy the Hedges, Gates, Pofts, Stiles, Railing, Fences, Ditches, ' Banks, Walls or other Inclofures of fuch Woods, Wood-Grounds, Plantations and Coppices :' There- fore for the explaining and amending the faid Act, and for remedying the feveral Mifchiefs herein before- ■ ' mentioned, and for the better preferving of all fuch Wood-Springs or Springs of Wood, Poles, Quick- Woods, Plantations, Under- Woods, Coppice- Woods, Gates, Pofts, Stiles, Railing, Fences, Hedges, Walls and other Inclofures of Woods, from being unlawfully cut, taken, fpoiled, broken, burnt, de- ftroyed, defaced or carried away ; and for the better difcovering and more effectual Punifhment of fuch- Offenders therein, their Aiders and Abettors ; and for the providing Satisfaction for the Damages the re- spective Proprietors thereof fliall fuftain thereby : Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent After June- 44, Parliament affembled, and by the Authority of the fame, That if any Perfon or Perfons whatfoever, from x Jf°: ° wners and after the twenty-fourth Day of June which fhall be in the. Year of our Lord one thoufand feven hun- Hedoes '&c dred and twenty, fhall, either by Day or by Night, cut, take, deftroy, break, throw down, bark, pluck eviccfown, fpoil- up, burn, deface, fpoil or carry away any Wood-Springs or Springs of Wood, Trees, Poles, Wood, ed, &c either Tops of Trees, Under-Woods or Coppice- Woods, Thorns or Quickfets, without the Content of the by Day or by Owner or Owners of fuch Woods, Wood-Ground c, Parks, Chafes or Coppices, Plantations, Timber- iiave's'.ti'flftion Trees, Fruit -Trees, or other Trees, Thorps or Quickfets, or of the Perfon chiefly intrufted with the from the Infia- Care and Cuftody thereof, or fhall break open, throw down, level or deftroy any Hedges, Gates, Pofts,.-. bitarfs o'f the Stiles, Railing, Wall:, Fences, Dikes, Ditches, Banks or other Inclofures of fuch Woods, Wood- Place;, in rhe Grounds, Parks, Chafes or Coppices, Plantations, Timber-Trees, Fruit-Trees or other Trees, Thorns iorDikes nn &c aS or Quickfets, fuch Lords of Manors, Owners and Proprietors of the fame, that is, are, fhall or may be ed thereby, fliall have fuch Remedy, and have and receive fuch Satisfaction and Recompence of and he Inhabitants of the'Parifhes, Towns, Hamlets, Villages or Places joining on fuch Wood-Springs or Springs of Wood, Wood-Grounds, Parks, Chafes or Coppices, and recover fuch Damages againft the Parilh, Town, Hamlet, Vill or Place, Parifhes, Towns, Hamlets, Villages or Places aforefaid, and in the fame Manner and Form as for Dikes and Hedges overthrown by Perfons in the Night, or at another Seafon when they fuppofe not to be efpied ; as in and by an Act of Parliament made in the thirteenth. 13 Ed. 1. ft. 1. Year of the Reign of King Echvard the Firft, intituled, Lords may if prove againjl their Neighbours : Ufurpa- xt 1 f h o e tlom if Commons during the EJfate of particular Tenants, is fet forth and provided ; unlefs the Party or Par- fender be con- t ' es f° offending fhall, by fuch Pariih, Town, Hamlet, Vill or Place, Parifhes, Towns, Hamlets, Vil— ■ ■vifted in fix lages or Places, be convicted of fuch Offence within the Space of fix Months from the committing fuch. Months. Offence or Offences ; any Law or Conftruction to the contrary in any wife notwithftanding. Two "u!t,'ces of H- And be lt further enacted and declared by the Authority aforefaid, That if any Perfon or Perfons,.. Peace of the at any Time or Times from and after the faid twenty-fourth Day of June, in a riotous, open, tumul- Place, or .the tuous, or in a fecret and clandeftine manner, forceably or wrongfully and malicioufly, and without the Sefiions, la hear Confent of the Proprietor, Wood-Reeve, Wood-Keeper or Perfon chiefly intrufted with the Care, Over- fi° a "!iy dewrmine fl S ht and c ufh>dy of fuch Woods, Wood-Grounds, Parks, Chafes, Coppices or Plantations, fhall cut all Offences '"down, deftroy, break, bark, throw down, burn, take, deface, fpoil or carry away any Wood or Springs againiUhis Aa. of Wood, Under-Wood or Coppice- Wood, or ihall in fuch a riotous, forceable, tumultuous, fecret oe- clandeftine a overthiown-in ' Gamag the :■: jht; is from the provided by' 13 Ed. 1.
 * Railing, Fences, Ditches, Blinks, Walls, or other Inclofures of fuch Woods, Wood-Grounds, Parks,