making or erecting, or made or erected, supported or maintained, for answering the purposes aforesaid, every person or persons so offending, being thereof convicted before any two or more Justices of the Peace for the Counties and Isle aforesaid, or either of them, who are hereby required to hear and determine the same on the oath of two or more credible witnesses, shall forfeit the sum of one hundred pounds to the Commissioners, &c., and in default of payment shall be sent to the House of Correction of the County or Isle where such Offence shall be committed, there to be kept to hard labour for such time as such Justices shall order and direct, not exceeding six months.

certain lands

By the Statute 42 G. 3. c. 32. for enabling his Majesty to grant Persons malici Parcels of Land between Great Prince Rock and the Village of ously breaking, &c. or destroyCrabtree, called Tothill Bay and Lipson Bay, near the Borough ing banks of of Plymouth, in the County of Devon, for the purpose of em- inclosed from banking and preserving the same from the sea, it is enacted (s. 46), the sea near Plymouth,shal that if any person or persons shall wilfully and maliciously break, be guilty of throw down, damage, or destroy any of the Banks, Mounds, felony. Dams, or other Works to be erected or made by virtue of this Act, every such person shall be deemed guilty of Felony, and shall, on being lawfully convicted thereof, be subject to the like Pains and Penalties as in cases of Felony; and the Court by or before whom such person shall be tried and convicted shall have power and authority to cause such person to be punished in like manner as Felons are directed to be punished by the Laws and Statutes of this Realm, or in mitigation of such punishment such Court may award such sentence as the Law directs in Cases of Petty Larceny. Whereas divers malicious and envious Persons, being men of $3. evil and perverse dispositions, and minding the hurt, undoing, Penalty for cutting the heads or and impoverishment of the King's Subjects, of their malicious dams of ponds, and wicked minds, have of late invented and practised a new motes, stews, or damnable kind of Vice, and damnifying of the King's Subjects, as in cutting out of Heads and Dams of Pools, Motes, Stews, and several Waters, and cutting off Conduit-heads and Conduitpipes: For remedy whereof be it enacted, that if any Person maliciously, wilfully, and unlawfully cut or cause to be cut out of the Head or Heads, Dam or Dams of any Ponds, Pools, Motes, Stews, or other several Waters, or the Head or Heads, Pipe or Pipes of any Conduit or Conduits of any other Person, that then such Offender shall not only forfeit Treble Damages to the Party grieved, but also forfeit for every Offence £10 to the King as a Fine. 37 H. 8. c. 6. s. 1, 4. (1)

(1) See also titles BLACK ACT, FISHPONDS.

other waters.

$4.

Penalty on per

sons barking fruit trees.

Punishment of

persons cutting

corn growing,

&c., breaking

hedges, pales,
&c., digging up
ting woods, &c.

fruit trees, cut

1 Salk. 181.

If any Person shall maliciously, willingly, or unlawfully bark any Apple Trees, Pear Trees, or other Fruit Trees of any other Person, he shall not only forfeit Treble Damages to the Party injured, to be recovered by Action of Trespass, but also £10 to the King in the name of a fine. 37 H. 8. c. 6. s. 4.

Reciting that the cutting of Corn or Grain growing, robbing Orchards, digging up or taking away Fruit Trees, breaking robbing or hards, Hedges, &c., spoiling Woods, &c., were more commonly committed than heretofore, and were great causes of maintaining of idleness, and the Persons committing the same were not for the most part able to make recompence; it is enacted, that every such Person which shall cut or unlawfully take away any Corn or Grain growing, or rob any Orchards or Gardens, or break or cut any hedge, pales, rails or fence, or dig, pull up, or take up any Fruit Tree or Trees in any Orchard, Garden, or elsewhere, to the intent to take and carry the same away, or shall cut or spoil any Woods or Underwoods, Poles or Trees standing, not being Felony by Law, and their Procurer and Procurers, Receiver and Receivers, knowing the same, being thereof lawfully convicted, by the Confession of the Party, or by the Testimony of one sufficient Witness upon Oath, before some one Justice of Peace, Mayor, Bailiff, or other Head Officer of the County, City, or Town Corporate (which Justice, &c. is authorized by this Act to administer such oath) where the Offence is committed or the party offending apprehended, shall give the Party grieved such recompence, and within such time, as by such Justice or Head Officer, &c. shall be ordered, if the same be only for the first fault; and if such Offender shall be thought in the Discretion of such Justice or Head Officer not able, or do not make Recompence as aforesaid, such Justices, &c. shall commit the Offender to some Constable or other inferior Officer of such City, Borough, Town or Hamlet, where the Offence is committed, or the party apprehended, to be whipped; and for every Offence for or of which the Offender shall be eftsoons committed, the person so offending to receive the said Punishment of whipping. 43 Eliz. c. 7. s. 1.

Constables, &c. refusing to punish offenders, shall

be committed to gaol.

Such Constables, inferior Officers, or head Officers, &c. refusing or neglecting to execute upon the Offender the Punishment limited by this Statute, shall by such Justice be committed to the Common Gaol of the County, City, or Town Corporate, there to remain without Bail, till he or they, or some other by his or their procurement, shall punish such Offenders. s. 1, 2.

any

Ju-tices shall not

punish offences

Justices or head officers shall not execute this Statute for Offence done to himself, unless associated and assisted by one done to himself. other Justice whom the Offence doth not concern. s. 3.

For other Offences connected with this Title, See Titles ARSON, BLACK ACT, BRIDGES, BURNING, CATTLE II. CORN, FISH PONDS, HOPBINDS, MANUFACTURES AND MANUFACTURERS, MILLS, MINES, NORTHERN COUNTIES, RIVERS, SEA BANKS, and other appropriate Heads in this work.

Manufactories and Manufactures.

I. Breaking into or by Force entering Manufactories, with
Intent to cut, steal, or destroy the Goods or Machinery, or
cutting any Rack used for drying such Goods. (And see
Title Larceny and Robbery, VIII. § 3, 4.)

II. Burning or setting Fire to Manufactories or Buildings,
Erections or Engines used therewith.

III. The Offence of Buying or Receiving, &c. Materials from
Persons hired or employed in certain Manufactures of Silk.
IV. The Offence of Exporting certain Tools, Models and Uten-
sils made use of in the Manufactures of this Kingdom,
of Seducing Artificers to quit the Kingdom, and of Artifi
cers going into any Foreign Country to exercise their Trade.

1. Breaking into or by Force entering Manufactories with Intent to cut, steal, or destroy the Goods or Machinery, or cutting any Rack used for drying such Goods.

manufactories

goods in the

If any person or persons shall by Day or by Night break into any offenders breakHouse or Shop, or enter by Force into any House or Shop, with ing into woollen Intent to cut or destroy any Serge or other Woollen Goods in the with intent to Loom, or any Tools employed in the making thereof, or shall cut, &c. the wilfully and maliciously cut or destroy any such Serges or loom, &c. Woollen Goods in the Loom or on the Rack, or shall burn, cut or cutting, &c. or destroy any Rack on which any such Serges or other Woollen racks, Goods are hanged in order to dry, or shall wilfully and malici- or breaking, ously break or destroy any Tools used in the making any &.. tools, such Serges or other Woollen Goods, not having the consent of

the Owner so to do; every such Offender, being thereof lawfully

convicted, shall be adjudged guilty of Felony and shall suffer Death ousted of clergy as in case of Felony, without Benefit of Clergy. 12 G. 1. c. 34. s. 7. (See s. 4, 5. of the Statute 22 G. 3. c. 40. post, page 569.)

The like provision as to linen manufactures.

See East, P. C. 1078, 1079.

Persons entering

by force any house with in

tent to cut, &c. or cutting, &c. any woollen

goods, or destroying tools used in manufacturing thereof,

By s. 8. all the Clauses, Provisions, Pains, Penalties, and Forfeitures in this Act contained, shall extend to Combers of Jersey and Wool, to Frame-work Knitters and Weavers, or makers of Stockings, and to all persons concerned in any of the said Manufactures (1).

If any person or persons shall by Day or Night, break into any House, Shop, Cellar, Vault, or other Place or Building, or by Force enter into any House, Shop, Cellar, Vault, or other Place or Building, with Intent to steal, cut or destroy any Linen Yarn, or any Linen Cloth, or any Manufacture of Linen, Yarn, belonging to any Manufactory, or the Looms, Tools or Implements used therein; or shall wilfully or maliciously cut in pieces or destroy any such Goods when exposed to bleach or dry; every such offender, being thereof lawfully convicted, shall be judged guilty of Felony, and suffer as in Cases of Felony, without Benefit of Clergy. 4 G. 3. c. 37. s. 16.

By s. 33. the Act is declared to be a Public Act, and shall be judicially taken notice of as such, by all Judges, Justices, &c. The Stat. 22 G. 3. c. 40. recites that "many Violences and Outrages have been frequently committed by wicked and ill disposed Persons, in destroying the Manufactures of Wool, Silk, Linen and Cotton, and the Materials, Tools, Tackle and other Utensils prepared for or used therein; and that for the Prevention of such Violences and Outrages for the future, it is necessary that exemplary Punishment should be inflicted upon such offenders ;" and then enacts, that if any person or persons shall, by Day or by Night, break into any House or Shop, or enter by Force into any House or Shop, with Intent to cut or destroy any Serge or other Woollen Goods in the Loom, or any Tools employed in making thereof; or shall wilfully and maliciously cut or destroy any such Serges or Woollen Goods in the Loom, or on the Rack; or shall burn, cut, or destroy any Rack on which any such Serges or other Woollen Goods are hanged in order to dry; or shall wilfully and maliciously break or destroy any Tools used in the making any such Serges or other Woollen Goods, not having the Consent of the Owner so to do; every such offender, being thereof lawfully convicted, shall be guilty of Felony, without benefit of Clergy. s. 1.

(1) By the former sections of the Act, regulations are established respecting workmen employed in the Woollen Manufactures therein specified, and a summary jurisdiction given to Justices of the Peace to hear and determine offences committed by such workmen. This latter section appears rather to allude to such offences, than to the Felonies named in the seventh section.

or tools used in

guilty of felony

If any person or persons shall, by Day or by Night, break or any silk goods into any House or Shop, or enter by Force into any House or manufacturing Shop, with Intent to cut or destroy any Velvet, wrought Silk, thereof, declared or Silk mixed with any other Materials, or other Silk Manufac- without clergy. ture, in the Loom, or any Warp or Shute, Tools, Tackle, or Utensils; or shall wilfully and maliciously cut or destroy any Velvet, wrought Silk, or Silk mixed with any other Materials, or other Silk Manufacture in the Loom, or any Warp or Shute, Tools, Tackle, or Utensils, prepared or employed in or for the making thereof; or shall wilfully and maliciously break or destroy any Tools, Tackle, or Utensils, used in or for the weaving or making of any such Velvet, wrought Silks, or Silks mixed with any other Materials, or other Silk Goods or Silk Manufacture, not having the Consent of the Owner so to do; every such offender, being thereof lawfully convicted, shall be guilty of Felony, without benefit of Clergy. 22 G. 3. c. 40. s. 2.

cutting, &c. any

linen or cotton

manufactures, &c. declared

If any person or persons shall, by Day or by Night, break Persons entering any house by into any House or Shop, or enter by Force into any House or force, with intent Shop, with Intent to cut and destroy any Linen or Cotton, or to cut, &c. or Linen and Cotton mixed with any other Materials, or other Linen or Cotton Manufactures, in the Loom, or any Warp or Shute, Tools, Tackle, and Utensils; or shall wilfully and mali- guilty of felony ciously cut or destroy any Linen or Cotton, or Linen or Cotton without clergy. mixed with any other Materials, or other Linen and Cotton Manufacture in the Loom, or any Warp or Shute, Tools, Tackle, and Utensils, prepared for or employed in the making thereof; or shall wilfully and maliciously break and destroy any Tools, Tackle, or Utensils used in or for the carding, spinning, weaving, preparing, or making, in any way whatever, any such Linen or Cotton, or Linen or Cotton mixed with any other Materials, or other Linen and Cotton Goods, or Linen and Cotton Manufactures whatsoever, not having the Consent of the Owner so to do; every such Offender, being thereof lawfully convicted, shall be guilty of Felony without Benefit of Clergy. s. 3. The 4th and 5th Sections repeal so much of Stats. 12 G. 1. c. 34. and 6 G. 3. c. 28. as relates to the Punishment of persons who shall break into any House, &c. with Intent to destroy any Silk or Woollen Manufactures, or any Utensils, &c. used in the making thereof.

The Statute 54 G. 3. c. 42. repeals the Statute 52 G. 3. c. 16.; and the Statute 57 G. 3. c. 126. recites the Statutes 52 G. 3. c. 16. and 54 G. 3. c. 42. punishing persons destroying or injuring Stocking and Frames or other Machinery, &c. used in the

Stats. 52 G. 3. c. 16. and

54 G. 3. & 42

repealed