s. 14. Proviso and seal for that purpose, shall have power to seize all fresh wrought timber, whether wooden ware, cars, carts, fork or shovel handles, hoops, ploughs, harrows, or rakes tails, when found in possession of any suspected person; and if such person cannot give a satisfactory account of having procured them honestly, he shall be liable to such penalty, not exceeding triple the customary value of such wooden ware, &c. so found in his possession, as such justice shall adjudge, one half to the use of the poor of the parish, and the other to the informer; or, if there be none, to such sub or petty constable, or wood-ranger, as shall appear to the justice before whom the offender is convicted, to have been most active in carrying the law into execution. Provided (s. 14.) that if such person so offering to sale such green wrought timber, shall give the security of 2 responsible persons to such justice, or person authorized under him, for his appearance before such justice at a day and hour appointed, in order to exonerate himself of the charge made against him relative to such wrought timber, he may have liberty to sell the same. But by s. 15, if such person when convicted before a justice of peace, shall not immediately pay the fine ordered by such justice, he shall Penalties how be committed to the house of correction, or county gaol, until such fine shall be paid; or if not paid, to remain there for such time as said justice shall direct, not exceeding 3 months for the 1st offence, 6 for the 2nd, and 12 for every subsequent offence. And by s. 16. all persons once convicted of cutting down, grubbing up, barking, or otherwise destroying any tree, without the con- subsequent of sent of the owner, before any justice of peace, shall be fences, liable, upon conviction for their 2nd offence, to such fine, not less than £5. nor more than £10. as to such justice shall seem proper, to be disposed of as aforesaid; or, on non-payment thereof, to 6 months imprisonment, and for their 3rd offence to a penalty of £10. or on nonpayment thereof, to an imprisonment for any time not exceeding 12 nor less than 6 months, By s. 17. every person who shall cut down or grub up any tree between Felony to cut sun-set and sun-rise, without the consent of the owner, down, &c, trees shall s. 15. enforced. S. 16. Penalties for s. 17. by night. 1 s. 18. Proviso. s. 20. Reward for discovering offen ders. 31 G o.3.c.40. s. 1 & 2. Ir. lands for lives, 7 years, or at will; liable to laws against culting down Lrees, c. shall, upon information being given on oath of a witness, before a justice of peace of the county in which such tree shall have been so cut down, &c. be committed to the county gaol as a felon, and being convicted at the general assizes for said county, shall suffer the pains of felony. But by s. 18. the owners of such trees may pursue the remedies of the 7 Geo. 3. c. 23. Ir. ante p. 941. By s. 20. if any person shall discover and prosecute to conviction any person who shall illegally cut down any tree of the value of 5s. he shall receive a reward of £5. to be levied by presentment of the grand jury at the assizes, in the parish in which such offence shall be committed. The 31 Geo, 3. c. 40. Ir. which has been already briefly referred to, (vol. 1. p. 441.) enacts, (s. 1 & 2) that no Persons holding person holding any lands by lease for 1 or more lives, or for years, or by will or sufferance, shall cut down, grub up, lop or top any tree, wood, or underwood, growing upon the lands so held, under colour of estovers, or of house-bote, plough-bote, hay-bote, cart-bote, or any other bote, or under any pretence, unless so far as such person shall be authorized thereto by covenant in the lease under which the lands are held, or unless such person shall have the consent of the owner thereof under his hand and seal; upon pain of being subject to the penalties enacted against persons who shall wilfully cut down, pluck up, lop, top, or otherwise damage any tree, without the consent of the owner thereof first had [*in writing.] And by s. 3. no person in whose possession there shall be found any tree, or any kind of wood, underwood, poles, sticks of wood, shoots or young trees, so cut or grubbed up, contrary to this act, shall be deemed by any justice of peace to have come fairly by the same within the meaning of the 15 & 16 Geo. 3. c. 26. Ir. supra, or within this act. By s. 4. every justice of peace who shall wilfully refuse or neglect to act as a justice of peace upon any complaint touching the offence aforesaid, or any offence against the said recited act, or to carry this, or any law heretofore made for the encouragement Proviso. s.5. Punishment where trees, &c. found in the possession of such persons. s. 4. Duty of justices of peace enforced. This, as Mr. Ball observes, is an erroneous reference to the other acts. s.5. Proviso encouragement of planting or the preservation of trees, into execution, shall be subject to the like penalty,* to be recovered in like manner, as is enacted respecting any justice of peace who shall wilfully neglect or refuse to carry into execution any law relative to the linen or hempen manufactures. Provided (s. 5.) that nothing herein shall extend to any person holding land by virtue of a lease for lives renewable for ever, in respect of such land, or to any trees, wood, or underwood growing on the same, nor to affect any person in respect of any trees which have been or shall be planted and registered in pursuance of any law heretofore made for the encouragement of planting. By the 7 Geo. 3. c. 23. s. 2. Ir. nó 7 Geo. 5. c. 23. person shall strip bark from any growing tree, unless s. 2. Ir. being thereunto authorized by the owner of such tree, Penalty for on pain of forfeiting to the said owner, on conviction stripping bark of growing trees. thereof before a justice of peace, on the oath of a witness, treble the value of such tree; and every such tree from an inch diameter shall be valued according to the valuation above-mentioned;† and every tree above 8 inches diameter shall be valued by 2 sworn appraisers and no person, except public and known tanners and dyers, and persons possessed of woods, shall keep auy bark or rind of trees in their houses or other places, under pain of their forfeiting to any informer a sum not exceeding Penalty for per50s. nor less than 30s. on conviction as aforesaid; the sons (not being tanners) having said penalties to be levied by distress, &c.; and when bark in their possessión. no distress can be found, the said offender shall be committed to the common gaol of the county where such offence was committed, by warrant of such justice, for any term not exceeding 6 months; and it shall be lawful for any constable, officer, or other person, by warrant of a justice of peace, granted upon information on oath, to make search in all suspected houses and places for bark or rind of any tree. "To restrain the villainous practice which prevailed in the west and north-west coasts Geo.3.c.26.s 4. of Ireland, of stripping trees merely for the bark thereof in order to tan or bark nets." the 17 & 18 Geo. 3. : + vide p. 941. Vide 15 & 16 ante p. 943-4. c. 19. Ir. 17 & 18 Geo.3. c.19. s. 10. 1. * Viz. £20. to the informer, to be recovered by civil bill, in 9 months after the offence, by 21 & 22 Geo. 3. c. 35. s. 54. Ir, Penalty for using bark to cure fishing nets. s. 11. an whom. s. 12. Penalty for barking trees clandestinely. of any Ir. (the other clauses of which have been already stated, ante p.883,&c.) enacts, (s. 10.) that all nets for taking herrings, salmon, or any sea-fish, and all fishing lines, shall be cured with tar and oil, and not barked or tanned, under pain of forfeiting such nets to the informer, upon conviction before a justice of peace. And by s. 11. the Burden of proof proof shall lie on the owner of said nets, that they were made and cured before brought to said coasts. And by s. 12. in case any person shall be found barking tree for the purpose of tanning of nets, or any other purpose, clandestinely, or without proper authority, he shall forfeit £5. recoverable before a justice, upon the oath of a witness, wholly to the informer; and in default of payment, to be committed by a justice's warrant to the county gaol, for any time not exceeding 6 months, unless the forfeiture shall be sooner paid. And 17 & 18 Geo.3. the 17 & 18 Geo. 3. c. 35. Ir. recites, (s. 2.) that the c. 35. s. 2. Ir. bark of standing trees has been usually stripped for tanNone save public ning hides of cattle in bogs, and other private places, tanners or dyers and for dying linen, yarn, thread, and skins, in private &c. with bark houses: and therefore enacts, that no person, other than shall tan, dye, of trees. public and known tanners, shall tan,or keep in lime or other pits in order to tan, any hide or skin; and no spinner, weaver, skinner, or other person not being a known dyer, shall colour or dye any linen, yarn, thread, skins, or gloves, with the bark of any tree growing in this kingdom, not being his own property; upon pain (being convicted thereof by the oath of a witness, before a justice of peace within his jurisdiction,) of forfeiting such sum as to such justice shall seem meet, not exceeding £5. nor less than 40s. together with the charges previous to and attending such conviction, to be ascertained by such justice; and upon non-pay mentthereof, such justice shall commit such offender to the common gaol or house of correction, by his warrant, for any time not exceeding 3 months, or until said penalty and charges shall be 23 & 24 Geo.3. paid. And the 23 & 24 Geo. 3. c. 39. Ir. recites (s. 19.) c. 39. s. 19. Ir. that the keeping of goats in wood-lands or in any imPenalty on the proved country, tends to the destruction of timber; and Penalty. owners of goats doing damage to therefore enacts, that upon complaint made before any tries. justice justice of peace of any damage or trespass committed by any goat, the party owning the same shall be summoned before said justice, and on proof of said trespass being made, on the oath of a witnes, such owner of the goats may be fined any sum not exceeding 20s, for every goat so trespassing, as said justice shall think fit, to be paid to the complainant if he shall demand the same, or otherwise to the church-wardens for the use of the poor of the parish; and if any person shall find a goat trespassing in his plantation, he may take the same, and keep and dispose of it as his own. s. 5. Eng. Next as to roots, shrubs, and plants: By the 31 Geo. 2. Penalty for c. 35. s. 5. Eng. if any person shall steal and take away, roots. stealing madder or wilfully and maliciously pull up or destroy any madder 31 Geo. 2. c.35. roots growing or being in any lands or grounds belonging to any person, and shall be convicted before a justice of peace of the county, &c. where the offence shall be committed, either by confession, or the oath of a witness, he shall, for the 1st offence, pay to the owner of such madder roots, such satisfaction for his damage, and within such time, as said justice shall appoint; and shall, moreover, pay down upon such conviction, unto the overseers of the parish where the offence was committed, for the use of the poor, such sum not exceeding 108. as to said justice shall seem meet; and if such offender shall not make such satisfaction to the owner, and also pay such sum to the poor as aforesaid, then said justice shall commit such offender to the house of correction for any space not exceeding a month; or shall order such offender to be whipped by the constable or other officer, as to said justice shall seem meet; and if such offender shall be convicted a 2nd time of such offence, he shall be committed to the house of correction for 3 months. Provided s. 6. that no person shall be prosecuted for any such offence, unless such prosecution be Limitation for begun within 30 days after the offence. And by the prosecutions. 13 Geo. 3. c. 32. Eng. (as amended by the 42 Geo. 3. 13 Geo.3. e.32. c. 67. G. B.) if any person shall steal, take away, wil- s. 1. Eng. fully or maliciously pull up, injure, or destroy any G. B.) turnips, potatoes, cabbages, parsnips, beans, pease, or s 6. (42 Geo.3.c.67. VOL, IN 3 Q carrots, |