Page:Ruffhead - The Statutes at Large - vol 7.djvu/741

 A.D. 1756* Anno vicefimo nono Georgii U. C. 36. '^21 V. And be it further enabled by the Authority aforefaid. That it fhall and may be lawful to and for all Bodies Politick, Bodies Politick or Corporate, whether Aggregate or Sole, and all Feoft'ces in Truft, Executors, Admini- Cuaidians and ' ftrators. Guardians, Committees or other Truflrees whatfoevcr, for and on the Behalf of any Infants, Femes Trufttts, im- Covert, Lunaticks, Ideots or other Perfons whatfoever, and the Hulbands of P'emes Covert, who dial! be P"^^;" toa^rce feifed, poffeiTed of or interefted in, any fuch Wafte, Wood or Pafture, or any Right of Common in fuch "J^^ ^"°" Waftes, Woods or Paftures, to agree to any fuch Inclofure ; and all fuch Agreements fo made, fhall be "'^'" valid to all Intents and Purpofes ; and fuch Bodies Politick or Corporate, Feoffees in Truft, Executors, Adminiflrators, Guardians, Committees and other Trurtees and Hufbands of Femes Covert, fliall be in- demnified for what they fliall fo do by virtue of this Aft. VI. And belt further enafled by the Authority aforefaid. That if any Perfon, from and after the Time i- ^ -p hereby limited for bringing fuch Appeal againft any fuch Agreement for the Inclofure of any Part of fuc^h growing wi hin Waftes, Woods or Paiitures, fhall either by Day or by Night Unlawfully cut, take, deftroy, break, throw fuch in^dofuRS down, bark, pluck up, burn, ' " " " '"" without the Confent of the and have and receive fuch Satis Hamlets, Villages or Places adjoining to fuch Inclofures, and recover fuch Damages againft the Inhabitants of Damages to be fuch Parifhes, Towns, Hamlets, Villages or Places adjoining and in the fame Manner and Form as is di- "j^^de good by refted for Dikes and Hedges overthrown by the faid AQ: made in the thirteenth Year of the Reign of King paViftiT"^ Edward the Firft, unlefs the Offender or Offenders ftiall be convi6ted of fuch Offence within the Spape unLfstVeOf- of fix Months next after the Commiffion thereof. fender be con- vi(^ed within fix Monihs. VII. And be it further enafted by the Authority aforefaid. That it {hall and may be lawful to and for any Offences to be two Juftices of the Peace of the County, Riding, Divifion, City, Town, Liberty or Place, wherein any ["^'i*-"' ' fuch Offence fhall be committed, or for the Juftices of the Peace for fuch County, Riding, Divifion, City, at'ihe Seffions."' Town, Libtrty or Place, in open Seflions, upon Complaint to them made, to caufe every fuch Offender to be apprehended for fuch IVefpafs, and to hear and determine the fame, and to inflidi: the like Penalty and vil'tfo'n^Tef""' Punifliment on every Offender by them convifled, as is directed to be inflicted on Offenders by an Aft made ^s^ky e'ceo.'u'' in the fixth Year of the Reign of his late Majefty King George the Firft, intituled, yf« yfff to explain and c76. See far- (imend an ASl faffed in the firji Tear of his MajeJIys Reign, intituled. An Aft to encourage the planting of '^^''S'Gm. a. Timber Trees, Fruit Trees, and other Trees for Ornament, Shelter or Profit ; and for the better Prefer- '^■^'- h"^'--!^''!^ vation of the fame ; and for the preventing the burning of Woods; and for the better Prefervation of the '„-ilj/f '^ "' Fences of fuch Woods. VIII. And be it further ena<£led by the Authority aforefaid, That if any Perfon from and after the firft and Perfons un- Day of July one thoufand feven hundred and fifty-fix, fiiall unlawfully cut, take, deftroy, break, throw lawfully cutting down, bark, pluck up, burn, deface, fpoil or carry away any Tree growing in any Wafte, Wood or Pa- !J! "^"^"'s fture, in which any Perfon or Perfons, or Body or Bodies Politick or Corporate, hath or have Right of Com- rnmabk '"" mon, every fuch Offender fhall and may be in like Manner conviiSled of fuch Offence, and fliall incur the Grounds, to be like Penalty. in like Manner convifled and punifhed. ' the Firft, intituled. An A£i for the more effeSiual jmnifiing xvicked and evil difpofed Perfom going armed in Dif- 9 Geo. i . c. 22. ' guije, and doing Injuries and Violence to the Perfons and Properties of his Majefly's SubjeSts., and for the more ^' ■ "^'^^'i- ' eajy bringing Offenders to Jufice ; it is amongft other Things enafted. That the Inhabitants of every ' Hundred within that Part of Great Britain called England, fhall make full Satisfaftion and Amends to all ' and every Perfon and Perfons, their Executors and Adminiftrators, for the Damages they fhall have fu- ' ftained or fuffered by the cutting down or deftroying any Trees which fhall be done or committed by ' any Offender or Offenders againft the faid Aft, to be recovered in Manner as by the Aft is direfted : And ' whereas Doubts have arifen whether the Provifion made by the faid Aft made in the ninth Year of the ' Reign of his faid late Majefty, has not repealed and annulled the Remedy given by the faid Afts of the ' firft and fixth Years of the Reign of his faid late Majefty :' For obviating the faid Doubt ; Be it enacted, by the Authority aforefaid. That from and after the firft Day of July one thoufand feven hundred and fifty- and Remedy for nay his faid late Majefty's Reign, or on the Hundred v/herein any of the faid Off-ences ftial! be committed, as ingto the Acts" to fuch Perfon, or Body Politick or Corporate fliall fecm moft meet ; any Thing in the faid Aft made in <"' f Geo. j. e.g. the ninth Year of the Reign of his late Majefty to the contrary notwithftanding. &6Geo.i.c. 16. X. And be it further enaffed by the Authority aforefaid, 1 hat if any Action fhall be brought againif any Perfon for any Matter or Thing done by virtue or in Execution of this Act, the Defendant or Defendants in every fuch Aflion fhall and may plead the general Iflue, andgive this Aft, and the fpecial Matter in Evi- General Iffue, dence, on any Trial to be had in fuch Aflion ; and if the Plaintiff or Plaintiff's fhall difcontinue fuch Ac- tion, or become nonfuit, or if Judgment fhall be given againft fuch Plaintiff, then the Defendant or De- fendants, in every fuch Aftion, Ihall recover treble CoftsofSuit. , Treble Cofis, Vol. VII. 4 Z CAP.
 * IX. And whereas by an Acl made in the ninth Year of the Reign of his late Majefty King Gforge Doubt ari/ing on