Page:Ruffhead - The Statutes at Large - vol 5.djvu/415

 A. D. 1721, Anno o&avo Georgii Regis. C. 12. 369 Tar to any Reward or Premium, unlefs the Certificate of the Governor, Lieutenant Governor, Collector of the Cuftoms, and Naval Officer, or any two of them (which Certificate is by the faid Act of the third and fourth Years' of the Reign of her faid late Majefty Queen Anne, directed to he by them made out in fuch Terms, Manner and fcorm, and for fuch Intents and Purpofesas are therein mentioned) do The Manner. exprefs, That it has 1 appeared to them (the Perfons ,fo certifying) by the Oath of the Owner or Maker of the Tar, for which fuch Certificate /hall be granted (fuch Oath to be made before any Juftice of the Peace within the Colony or Plantation where fuch Tar (hall be made, who is hereby authorized to ad- minifter the fame) that the Tar therein mentioned was made from green Trees prepared for that Purpofe-, after the following Manner ; that is to fay, That when fuch Trees were fit to baric, the Bark, thereof «™er Proyi- was ftript eight Foot, or thereabouts, up from the Root of each Tree, a Slip of the Bark of about four ^'"acf*. Inches in Breadth having been left on one Side of each Tree ; and that each Tree after having been fo c . 35 ,'i. u', bark'd, had flood during one Year at the leaft, and was not before cut down for tae making of Tar; any Thing herein, or in any former Law to the contrary notwithstanding. ' V . And whereas the Laws already made, and ftill in Force, for the Preservation of White Pine-Trees I* in his Majefty's Colonies of New Hampjhire, the Maffachitfcts Bay, and Province of Main. Rhode-IJland, ' ' are great Numbers of White Pine-Trees fit for Mafting the Royal Navy, growing in his Majefty's Pro- rteflicut in New England, and NeiuTori, and New Jer/ey, in America, or within any of them, do or (hall t",' Sept."i7ii. prefume to cut, fell or deftroy any White Pine-Trees, not growing within any Townfhip, or the Bounds, Farther Provi- Lines or Limits thereof, in any of the faid Colonies or Plantations, without his Majefty's Royal Licence  * G - *• Trees, or who (hall be aiding or affifting therein, or in drawing away the faid Pine Trees, after the fame c ' 35 ' fhall have been' fo cut, felled or deftroyed, (hall for every fuch Offence, forfeit and pay the feveral and refpedive Sums following ; That is to fay., for every White Pine-Tree, of the Growth of twelve Inches Penalties on Diameter and under, at three Foot from the Earth, the Sum of five Pounds ; for every fuch Tree, from oftende "' twelve Inches to eighteen Inches Diameter, the Sum of ten Pounds,-, for every fuch Tree, from eighteen Inches to four and twenty Inches Diameter, the Sum of twenty Pounds.; and for every fuch Tree, from four and twenty Inches Diameter and upwards, the Sum of fifty Pounds ; which" feveral Penalties and Forfeitures fliall and may be fued for within fix Months, after the Offence committed, by Plaint or How tote re- Information, upon the Oath of one or more credible Witnefs or Witneffes, before the. Judge of . the ^ered. Admiralty, or, his Deputy, within the Colony or Plantation, where fuch Pine-Tree (hall be cut, felled or deftroyed ; one Moiety of fuch Penalties and Forfeitures to be to his Majefty, his Heirs or SuccefTbrs, the other Moiety to the Informer who (hall Cue for the fame ; and in Cafe any Difpute fliall arife whe- ther fuch Tree, when cut, felled or deftroyed, was growing within any Townfhip, or the Bounds, Lines or Limits thereof as aforefaid, the Proof fhall lie upon the Owner ; and on Conviction of fuch Offender for fuch Offence as aforefaid, if he fhall refufe or neglect to pay the. Penalty and Forfeiture thereby in- clined by the Space of twenty Days after fuch Conviction, that then fuch Judge or his Deputy fliall and aiiay, by War-rant under his Hand and Seal, caufe the fame to be levied by Diftrefs and Sale of the Goods of the Offender, rendering the Overplus, if any be, to the Owner ; and when no fufficient Diftrefs can foe found, fuch Judge or Deputy fhall commit the Offender. to Prifon, within the Colony or Plantation where fuch Offence fliall be committed, there to remain without Bail or Mainprize^ during fuch Time as fuch Judge or Deputy fhall appoint, not exceeding twelve Months, nor lefs than three Months, or until fuch Offender fhall pay the Penalty or Sum of Money fo recovered ; and after fuch Payment made, fhall likewife find fufficient Security for his good Behaviour, during the Space of three Years, to be ac- counted from the Time of fuch his Convidion : And it is hereby declared, That all White Pine-Trees, S^JS^ Mails or Log's made from fuch Trees, which from and after the faid one and twentieth Day of September & c ?fcW<wlth- one thoufand feven hundred and twenty-two fhall be found cut or felled without fuch Licence as afore- out- Licence', for- bid, in any of his Majefty's faid Colonies or Plantations, fhall be forfeited and feized for the Ufe of feited toihe his Majefty, his Heirs and Succeffors ; any former Law, Ufage or Cuftom to the contrary notwith- Kin e- Sanding. ., ., ' VI. And whereas by one other Act made in the ninth Year of the Reign of her late Majefty Queen 9 Ann - c< I 7- ' dence Plantation, the Narraganfet Country, or King's Province, Connecticut in New England, and New ' York, and New Jerfey, in America, for the Majllng her Majejly's Navy, It was, amongft other Things, ' enaded, That no Perfon or Perfons, within the faid Colonies and Plantations, (hould cut, fell or de- ' ftroy any White Pine-Tree, fit for Maft (not being the Property of any private Perfon) fuch Tree be- ' ing of the Growth of four and twenty Inches Diameter and upwards, at twelve Inches from the Earth, 'and diftributed, as therein is mentioned ;' Be it hereby further enacted. That fo much of the faid Ad Repeal of p»,t of 9 Ann. c. jy, for Prefervation of White and other Pine Trees, tee. Vol. V. Bbb as
 * and Providence Plantation, the Narraganjet Country, or King's Province, and Connecticut in New England,
 * and New York, and New Jerfey in America, for the Mafting the Royal Navy, have been found infuffici-
 * ent for that Purpofe, fo that a further Provifion is neceflary to be made therein : And forafmuch as there
 * vince of Nova Scotia in America ;' Be it therefore ena&ed by the Authority aforefaid, That from and af-
 * Anne, 'intituled, An Acl for the Prefervation of White and other Pine-Trees growing in her Majejly's Co-
 * . Ionics if New Hampshire, the Maffachufets Bay, and Province of Main, and Rhode Ifland, anaYrovi-
 * without her Majefty's Licence, on the Penalty of one hundred Pounds Sterling, to be recovered, levied