Persons setting &c. or cannel coal, shall be guilty of Felony without Clergy. § 1. Setting Fire to Coal Mines, &c. From and after the 24th June 1737, and during the confire to any mine, tinuance of the before-mentioned Act of 9 G. 1. (c. 22.) if any person or persons shall wilfully and maliciously set on Fire, or cause to be set on Fire, any Mine, Pit, or Delph of Coal or Cannel Coal, every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without Benefit of Clergy. 10 G. 2. c. 32. s. 6. Made perpetual by 31 G. 2. c. 42. s. 5, 6. Provisions and All the provisions made in the Act 9 G. 1. c. 22. for the powers of 9 G. 1. C. 22. extended more speedy and easy bringing the Offenders against the said to cases of ofAct to Justice, and the persons who shall conceal, aid, abet, or fences committed by setting fire to succour such Offenders, and for making satisfaction and amends any mine, pit, or to all and delph of coal, or the every and person persons, their Executors and cannel coal. Administrators, for the Damages they shall have sustained or suffered by any Offender or Offenders against the said Act, and for the Encouragement of persons to apprehend and secure such Offender and Offenders, and for the better and more impartial Trial of any Indictment or Information which shall be found, commenced, or prosecuted for any of the Offences committed against the said Act, together with all restrictions, limitations, and mitigations by the said Act directed, shall during the continuance of the said Act extend to and be of force and effect in all cases of Offences committed by wilfully and maliciously setting on Fire or causing to be set on Fire any Mine, Pit, or Delph of Coal, or Cannel Coal. 10 G. 2. c. 32. s. 4. § 2. Drowning Coal Mines. The Statute 13 G. 2. c. 21. intituled "An Act for further and more effectually preventing the wilful and malicious Destruction of Collieries and Coal Works," reciting that divers evil-disposed persons possessed of or interested in Collieries, have, by secret and subtil devices, wilfully and maliciously attempted to drown adjacent Collieries, and have by means of Water conveyed or obstructed for that purpose destroyed or damaged the same, intending thereby to enhance the Price of Coals, and gain the Monopoly thereof; and then reciting the Act 10 G. 2. c. 32. whereby the wilfully and maliciously setting on Fire any such Mine, &c. is made a Capital Felony; and that whereas it is reasonable that an adequate Punishment should likewise be inflicted on persons who shall wilfully and maliciously destroy or damage Collieries by means of Water as is aforesaid; and then enacts, that if any person from and ing Coal-pits, or after 24 June 1740, shall unlawfully, wilfully, and maliciously making cavities divert or cause to be diverted Water from any River, Brook, Persons drown with intent to structing any works, or ob water, or aiding and full costs. Watercourse, Channel, or Land Flood, or convey or cause to damage coalbe conveyed Water into any Coal Work, Mine, Pit, or Delph of Coal, or into any subterraneous Cavities or Passages, or ancient sough of make or cause to be made any subterraneous Cavities or Passages therein, shall pay with design thereby to destroy or damage any Coal Work, Mine, treble damages Pit, or Delph of Coal belonging to any other person or persons, or shall for that purpose unlawfully, wilfully, and maliciously destroy or obstruct any Sough or Sewer (which has been a Sough or Sewer in common for Fifty Years), made for draining any Coal Work, Mine, Pit, or Delph of Coal, or shall attempt or continue any such mischievous practice, or shall aid or assist therein in manner aforesaid, every such person shall, for every such Offence, forfeit and pay to the party or parties aggrieved Treble Damages and full Costs of Suit, to be sued for and recovered by Action of Debt, Bill, Plaint, or Information in any of his Majesty's Courts of Record at Westminster. favour of owners Provided always, that nothing in this Act contained shall pre- Exception in vent or restrain, or be construed to prevent or restrain, any boughs. person or persons, being the Owner or Owners of any Sough, Drain, or Sewer, from destroying, obstructing, or diverting, using or disposing of any such Sough, Drain, or Sewer, in such manner as he, she, or they respectively may now lawfully do. s. 2. §3. Setting Fire to or otherwise destroying or damaging the Works, Railways, &c. belonging to any Mines, or unlawfully digging or raising Minerals from any Mine. For the more effectually preventing the destroying of Engines for draining Collieries, Coal Mines, and other Mines and Bridges and Waggon Ways used in conveying Coals, Lead, and other Minerals from thence; be it enacted, that if any person or Persons malipersons shall at any time after 1 July 1769, wilfully or maliciously fire, or otherwise ciously setting set fire to, burn, demolish, pull down, or otherwise destroy or destroying any works belonging damage any Fire Engine or other Engine erected or to be to coal and other erected for draining Water from Collieries or Coal Mines, or mines. for drawing Coals out of the same, or for draining Water from any Mine of Lead, Tin, Copper, or other Mineral, or any Bridge, Waggonway, or Trunk, erected or to be erected for conveying Coals from any Colliery or Coal Mine, or Staith for depositing the same, or any Bridge or Waggonway erected or to be erected for conveying Lead, Tin, Copper, or other Mineral from any such Mine; every such person, being lawfully convicted of any or either of the said several Offences, or of causing shall be guilty of or procuring the same to be done, shall be adjudged guilty of felony. Persons maliciously pulling down or filling up any air way, &c. or damaging any road to or &c. or digging months imprison ment. Felony, and shall 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, shall have Power and Authority to transport such Felon for the term of Seven Years, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm. 9 G. 3. c. 29. s. 3. By s. 4. no person or persons shall be prosecuted by virtue of this Act for any Offence or Offences committed contrary to the same, unless such Prosecution be commenced within Eighteen Months after the Offence committed. The Statute 39, 40 G. 3. c. 77. intituled "An Act for the Security of Collieries and Mines," recites that from the situation of the Veins and Mines of Coal and Iron stone in many parts of the Kingdom, the same are greatly exposed to the Depredations from any mine, of wicked and evil disposed persons, and the Laws now in being &c. any Mineral, are inadequate to the Protection thereof; and enacts, that if any declared guilty of a misdemeanor, person or persons shall at any time after 1 September 1800 wilfully and liable to six and maliciously pull down, fill up, or begin or attempt to pull down or fill up any Airway, Waterway, Drain, Pit, Level, or Shaft, or damage or destroy any Railway, Tram Road, or other Road leading to or from, or intended to lead to or from any Coal or other Mine Work; or if any person or persons (not having or bona fide claiming a right to possess or work the same respectively) shall from and after the time above mentioned wilfully and unlawfully cut, dig, raise, take, or carry away any Coal, Culm, or other Mineral from any Bed, Band, Vein, or Mine, lying and being in any waste, open, or uninclosed Lands, or shall wilfully and unlawfully enter into any Level, Pit, or Shaft, with an intent to dig, cut, raise, take, or carry away therefrom any Coal, Culm, or other Mineral, or shall aid, abet, assist, hire, or command any person or persons to commit any such Offence or Offences as aforesaid; that then and in every such Case, all and every such person or persons shall be deemed and adjudged to be guilty of a Misdemeanor, and the Court or Judge before whom any such person or persons shall be tried and convicted shall have Power and Authority to cause such person or persons to be imprisoned for any term not exceeding Six Months. Nothing in this Act contained shall be construed to extend to any Trespass or Damage which shall be done or committed under ground by any Owner of any adjoining Coal or other Mine in working the same, or by any person or persons duly authorized and employed in such working as aforesaid. s. 2. By s. 9. the Prosecution must be begun within Nine Calendar Months after the Offence committed. other mines, de clared guilty of felony, without The Statute 56 G. 3. c. 125. intituled "An Act for the more effectual punishment of persons riotously destroying or damaging Buildings, Engines, and Machinery, used in and about Collieries and other Mines, Waggonways, Bridges, and other Works, used in conveying and shipping Coals and other Minerals; and for enabling the Owners of such Property to recover damages for the injury sustained," recites the passing of the Statutes 1 G. 1. st. 2. c. 5., 9 G. 3. c. 29., & 52 G. 3. c. 130., (1) and that "it is expedient and necessary that more effectual Provisions should be made for the protection of Property not within the provisions of the said Acts;" and then enacts, that if after the passing of this Persons riotously Act, any person or persons unlawfully, riotously, and tumultu- demolishing or destroying enously assembled together in disturbance of the Public Peace, shall gines, erections, unlawfully and with Force demolish, pull down, destroy, or or other works, belonging to damage, or begin to demolish, pull down, destroy, or da- collieries, coal or mage any Fire Engine or other Engine, erected or to be erected for making, sinking, or working Collieries, Coal Mines or other Mines, or any Bridge, Waggonway, or Trunk erected or made, or to be erected or made for conveying Coals or other Minerals from any Colliery, Coal Mine or other Mine, to any Place, or for shipping the same, or any Staith or other Erection or Building for depositing Coals or other Minerals, or used in the Management or conducting of the Business of any such Colliery, Coal Mine or other Mine, whether the same Engines, Bridges, Waggonways, Trunks, Staiths, Erections, and other Buildings or Works shall be respectively completed and finished, or only begun to be set up, made, and erected, that then every such demolishing, pulling down, destroying, and damaging, or beginning to demolish, pull down, destroy, and damage, shall be adjudged Felony without Benefit of Clergy; and the offenders therein shall be adjudged Felons, and shall suffer Death as in case of Felony without Benefit of Clergy. s. 1. benefit of clergy. value of the stroyed, under The person or persons injured or damnified by such demolish- Persons injured ing, pulling down, destroying, or damaging, or beginning to may recover the demolish, pull down, destroy, or damage any such Property property deherein-before specified, shall be entitled to and may and are hereby empowered to recover the value of such property hereinbefore specified, so demolished, pulled down, destroyed, or damaged as aforesaid, or the amount of the damage done to the same as aforesaid; and such value or damage shall and may be recovered, levied, raised, and reimbursed in such Manner and Form, and by such Ways and Means as are particularly pro (1) See this Act under title MANUFACTORIES and MANUFACTURES, II. Owners of en gines and works, &c. injured shall give notice of the fact within a certain time. vided, directed, or referred to in the said recited Act of the First Year of the Reign of his late Majesty King George the First, in respect of the several descriptions of Buildings therein mentioned. s. 2. Provided always, that whenever any person or number of persons shall so unlawfully assemble together in disturbance of the Public Peace as aforesaid, the person or persons who is or are the Owner or Proprietor or Owners or Proprietors of any of the Engines, Works, Buildings, or other Property herein-before particularly specified, shall, as soon as conveniently may be after such unlawful Assembly shall take place, by himself or themselves, or by his or their servants, give or cause to be given due notice and information of such Assembly having taken place, to some or one of the nearest Magistrates, and to the Constable or some one of the resident Housekeepers of the Towns, Villages, or Hamlets near to the Place where any such Assembly shall take place; and that no person or persons shall be enabled to recover any damages by virtue of this Act, unless he or they shall have given such notice and information as aforesaid, by himself or themselves, or by his or their servants, within Two Days after such damage or injury done him or them by any such offender or offenders as aforesaid, shall give notice of such offence done and committed, unto some of the inhabitants of some Town, Village, or Hamlet near unto the Place where any such fact shall be committed; and shall within Four Days after such upon oath shall notice give in his, her, or their examination upon oath, or the examination upon oath of his, her, or their servant or servants, Examination be taken before a Justice within four days as to a knowledge of that had the care of his, her, or their Property herein-before the offenders. Action for da mages shall be brought within a year. specified, so destroyed or damaged as aforesaid, before any Justice of the Peace of the County, Liberty, or Division where such fact shall be committed, inhabiting within the said Hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing, shall be bound by recognizance to prosecute such offender or offenders, by indictment or otherwise, according to the law of this realm: Provided also, that no person who shall sustain any damage by reason of any offence to be committed by any offender contrary to this Act, shall be thereby enabled to sue or bring any action against any inhabitants of any Hundred where such offence shall be committed, except the party or parties sustaining such damage shall com |