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No. XXXV. have been guilty of any the offences aforesaid, and shall not be in lawful 9 Geo. I. custody for such offence on the said first day of June, and shall surrender

him, her, or themselves, on or before the said twenty-fourth day of July as C. 22.

aforesaid, and shall make such confession and discovery as aforesaid, shall by virtue of this Act be pardoned, acquitted and discharged of and from the offences so by him, her or them confessed as aforesaid; any thing herein contained to the contrary in any wise notwithstanding.

IV. And for the more easy and speedy bringing the offenders against this Act to justice, be it further enacted by the authority aforesaid, That if any person or persons shall be charged with being guilty of any of the offences aforesaid, before any two or more of his Majesty's justices of the peace of the county where such offence or offences were or shall be committed, by

information of one or more credible person or persons, upon oath by him Justices to re

or them to be subscribed; such justices before whom such information shall turn informa- be made as aforesaid, shall forthwith certify under their hands and seals, tion to a secre- and return such information to one of the principal secretaries of state of tary of state, his Majesty, his heirs or successors, who is hereby required to lay the same, who is to lay as soon as conveniently may be, before his Majesty, his heirs or successors, the same be

in his or their privy council; whereupon it shall and may be lawful for his fore the King Majesty, his heirs or successors, to make his or their order in his or their and council, said privy council

, thereby requiring and commanding such offender or ofwho may make fenders to surrender him or themselves, within the space of forty days, to an order for their surren

any of his Majesty's justices of the Court of King's Bench, or to any one of der.

his Majesty's justices of the peace, to the end that he or they may be forthcoming, to answer the offence or offences wherewith he or they shall so stand charged, according to the due course of law; which orders shall be printed and published in the next London Gazette, and shall be forthwith transmitted to the sheriff of the county where the offence shall be committed, and shall, within six days after the receipt thereof, be proclaimed by him, or his officers, between the hours of ten in the morning, and two in the afternoon, in the market-places, upon the respective market days of two market-towns in the same county, near the place where such offenee

shall have been committed; and a true copy of such order shall be affixed Persons not upon some publick place in such market towns; and in case such offender surrendering

or offenders shall not surrender him or themselves, pursuant to such order themselves of his Majesty, his heirs or successors, to be made in council as aforesaid, pursuant to he or they so neglecting or refusing to surrender him or themselves as such order, aforesaid, shall, from the day appointed for his or their surrender as aforedeemed to be said, be adjudged, deemed, and taken to be convicted and attainted of convicted, &c. felony, and shall suffer pains of death, as in case of a person convicted and

attainted by verdict and judgment of felony, without benefit of clergy; and that it shall be lawful to and for the Court of King's Bench, or the justices of Oyer and Terminer, or general gaol delivery for the county, where the offence is sworn in such information to have been committed, upon producing to them such order in council, under seal of the said council, to award execution against such offender and offenders, in such manner as if he or they had been convicted and attainted in the said Court of King's Bench, or before such justices of Oyer and Terminer, or general gaol deli

very respectively. Persons abet

V. And be it enacted by the authority aforesaid, That all and every pering them, &c. son and persons who shall, after the time appointed as aforesaid, for the

surrender of any person or persons so charged upon oath with any the of fences aforesaid, be expired, conceal, aid, abet or succour, such

person or persons, knowing him or them to have been so charged as aforesaid, and to have been required to surrender him or themselves by such order or orders

as aforesaid, being lawfully convicted thereof, shall be guilty of felony, and deemed felons. shall suffer death, as in cases of felony, without benefit of clergy.

VI. Provided nevertheless, and it is hereby declared and enacted, That nothing herein contained shall be construed to prevent or hinder any judge, justice of the peace, magistrate, officer, or minister of justice whatsoever, from taking, apprehending, and securing such offender or offenders, against whom such information shall be given, and for requiring whose surrender such order in council shall be made as aforesaid by the ordinary course of

law; and in case such offender or offenders, against whom such information, No. XXXV. and for requiring whose surrender such order in council shall be made as aforesaid, shall be taken and secured, in order to be brought to justice be

Geo. I. fore the time shall be expired, within which he or they shall be required to

c. 22. surrender him or themselves, by such order in council as aforesaid, that then, in such case, no further proceeding shall be had upon such order Offenders apmade in council against him or them so taken and secured as aforesaid, but prehended he or they shall be brought to trial by due course of law; any thing herein- within the time before contained to the contrary in any wise notwithstanding.

limited by orVII. And be it enacted by the authority aforesaid, That from and after shall be tried,

der of council, the first day of June one thousand seven hundred and twenty-three, the according to inhabitants of every hundred, within that part of the kingdom of Great law. Britain called England, shall make full satisfaction and amends to all and every

the
person
and persons,

their executors and administrators, for the damages they shall have sustained or suffered by the killing or maiming of Hundred any cattle, cutting down or destroying any trees (1), or setting fire to any chargeable for house, barn, or out-house (2), hovel, cock, mow, or stack of corn, straw, damage sushay or wood, which shall be committed or done by any offender or offend- tained in ers against this Act; and that every person and persons who shall sustain maiming cat

tle, &c. damages by any of the offences last mentioned, shall be and are hereby enabled to sue for and recover such his or their damages, the sum to be recovered not exceeding the sum of two hundred pounds (3), against the inhabitants of the said hundred, who by this Act shall be made liable to answer all or any part thereof; and that if such person or persons shall recover in such action, and sue execution against any of such inhabitants, all other the inhabitants of the hundred, who by this Act shall be made liable to all or any part of the said damage, shall be rateably and proportionably taxed, for and towards an equal contribution for the relief of such inhabi. tant, against whom such execution shall be had and levied; which tax shall be made, levied, and raised by such ways and means, and in such manner and form, as is prescribed and mentioned for the levying and raising damages recovered against inhabitants of hundreds in cases of robberies in and by an Act, intituled, An Act for the following Hue and Cry, made in the twenty-seventh year of the reign of Queen Elizabeth (4).

VIII. Provided nevertheless, That no person or persons shall be enabled Persons injurto recover any damages by virtue of this Act, unless he or they, by them- ed to give noselves or by their servants, within two days (5) after such damage or injury tice within done him or them by any such offender or offenders as aforesaid, shall two days after give notice of such offence done and committed unto some of the inhabi- the offence tants of some town, village, or hamlet (6), near unto the place where any

committed, such fact shall be committed, and shall, within four days after such notice, give in his, her, or their examination upon oath, or the examination upon oath of his, her, or their servant or servants, that had the care of his or their houses, out-houses, corn, hay, straw, or wood, 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 and to be exto be committed, or near unto the same, whether he or they do know the amined within person or persons that committed such fact, or any of them (7); and if, four days after

(1) With respect to trees, the plaintiff may, (6) An averment of notice to the inhabitby 29 Geo. II. c. 36, § 9, elect to sue on this ants of a prish is sufficient; but if it had been Act, or to sue the parish, by virtue of stat. 1 shewn in evidence that the parish consisted Geo. I, c. 8. and 6 Geo. I. c. 16.

of several vills, and that the notice was given (2) A mill-house is not within the Act; but to one more distant than another, the defendsee 41 Geo. III. c. 24, ante, Part IV. Class ants would be entitled to a verdict; Cooke v. XXI.

Hundred of Pimhole, 8 E. 173. (3) The plaintiff is entitled to costs, although (7) It is not sufficient to swear that he sus. with the damages they exceed 2001. Johnson pected J.S. without adding that he did not v. Inhabitants of Calesworth, 1 T. R. 71. know it; King v. Inhabitants of Bishops Sutton, (4) See Part IV. Class XXI.

2 Str. 1247 ; nor that he suspected that the (5) Both inclusive, seinble, Norris v. Hun- fact was done by some person or persons undred of Gawtry; Hob. 139; Williams's n. known; much less is such affidavit sufficient 2 Saund. 378.

to support an averment, that he had given in

c. 22.

No. XXXV. upon such exammation, it be confessed that he or they do know the person 9 Geo. I. 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 laws of

this realm. notice, touch

IX. Provided also, and be it further enacted by the authority aforesaid, ing their know. ledge of the

That where any offence shall be committed against this Act, and any one offenders.

of the said offenders shall be apprehended, and lawfully convicted of such

offence, within the space of șix months after such offence committed, no Hundred not

hundred, or any inhabitants thereof, shall in any wise be subject or liable liable, if the offender is con

to make any satisfaction to the party injured, for the damages he shall have victed within sustained; any thing in this Act to the contrary notwithstanding. six months,

X. Provided also, That no person who shall sustain any damage by rea&c.

son of any offence to be committed by any offender contrary to this Act, Action to be

shall be thereby enabled to sụe, or bring any action against any inhabitants commenced of any hundred where such offence shall be committed, except the party or within a year parties sustaining such damage shall commence his or their action or suit after the within one year next after such offence shall be committed. offence. XI. And for the better and more effectual discovery of the offenders Justices may

above-mentioned, and bringing them to justice: Be it enacted by the auissue warrants thority aforesaid, That it shall and may be lawful to and for any justice of to search for the peace, to issue his warrant to any constable, headborough, or other stolen venison. peace officer, thereby authorising such constable, headborough, or other

peace officer, to enter into any house, in order to search for venison stolen or unlawfully taken, contrary to the several statutes against deer-stealers, in such manner as by the laws of this realm such justice of the peace may

issue his warrant to search for stolen goods. Persons killed XII. And be it further enacted by the authority aforesaid, That if any or wounded in person or persons shall apprehend, or cause to be convicted any of the ofapprehending fenders above-mentioned, and shall be killed, or wounded so as to lose an offenders, to eye or the use of any limb in apprehending or securing, or endeavouring to. be rewarded, apprehend or secure any of the offenders above-mentioned, upon proof

thereof made at the general quarter-sessions of the peace for the county, liberty, division or place, where the offence was or shall be committed, or the party killed, or receive such wound, by the person or persons so apprehending, and causing the said offender to be convicted, or the person or persons so wounded, or the executor or administrators of the party, killed, the justices of the said sessions shall give a certificate thereof to such person or persons so wounded, or to the executors or administrators of the person or persons so killed, by which he or they shall be entitled to roceive of the sheriff of the said county

, the sum of fifty pounds, to be allowed the said sheriff in passing his accounts in the exchequer; which sum of fifty pounds the said sheriff is hereby required to pay within thirty days from the day on which the said certificate shall be produced and shewn to him, under the penalty of forfeiting the sum of ten pounds to the said person or persons to whom such certificate is given, for which said sum of ten pounds, as well as the said sum of fifty pounds, such person may and is hereby aur thorized to bring an action upon the case against such sheriff, as for money

had and received to his or their use. Prosecutions XIII. · And whereas the shortness of the time within which prosecutions may be com- • for offences

against the statute made in the third and fourth years of the menced within reign of their late Majesties King William and Queen Mary, intituled, three months An Act for the more effectual discovery and punishment of deer stealers (1) after offence are limited to be commenced, has been a great encouragement to offendcommitted.

«ers: Be it therefore enacted by the authority aforesaid, Thạt any prose

cution for any offence against the said statute, shall or may be commenced Such offences within three years from the time of the offence committed, but not after.

XIV. And for the better and more impartial trial of any indictment of any county.

information, which shall be found, commenced, or prosecuted for any

may be tried in

of

his examination, by which it appeared that he (1) Repealęd 36 Geo. III. C. 30. post, Part did not know, the person or persons commit. VI. Class XIX. No, 34, ting the fact; Thintell v. Hundred of Mut. ford, T. E. 400,

c. 22.

the offences committed against this Act: Be it enacted by the authority No. XXXV. aforesaid, That every offence that shall be done or committed contrary to this Act, shall and may be inquired of, examined, tried and determined

9 Geo. I. in any county within that part of the kingdom of Great Britain called England, in such manner and form as if the fact had been therein committed: Provided that no attainder for any of the offences made felony by Attainder not virtue of this Act, shall make or work any corruption of blood, loss of to work cordower, or forfeiture of lands or tenements, goods or chattels.

ruption of XV. And be it further enacted by the authority aforesaid, That this Aet blood, &c. shall be openly read at every quarter-sessions, and at every leet or law. This Act day.

where to be XVI. And be it further enacted by the authority aforesaid, That this read. Act shall continue in force from the first day of June one thousand seven hundred and twenty-three, for the space of three years, and from thence to the end of the then next session of Parliament, and no longer. [Made perpetual by 31 Geo. II. c. 42.]

XVII. And be it further enacted by the authority aforesaid, That if any venison, or skirs of any deer, shall be found in the custody of any person or persons, and it shall appear that such person or persons bought such venison or skin of any one who might be justly suspected to have unlawfully come by the same, and does not produce the party of whom he bought it, or prove upon oath the name and place of abode of such party, that then the person or persons who bought the same, shall be convicted of such offence, by any one or more justice or justices of the peace, and shall be subject to the penalties inflictel for killing a deer, in and by the statute made 3 & 4 W. and in the third and fourth year of the reign of their late Majesties King Wit- M. c. 10. liam and Queen Mary, intituled, An Act for the more effectual discovery and punishment of deer-stealers.

6

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[No. XXXVI.] 1 George II. st. 2. c. 19.–An Act for

punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works, erected by authority of Parliament, for making Rivers navigable. WHEREAS several ill-designing and disorderly persons have in several No. XXXVI.

parts of this kingdom associated themselves together both by day and Ņight, and cut down, pulled down, burnt, and otherwise destroyed

1 George I. several turnpike gates and houses, which have been erected by the autho- st. 2. c. 19. rity of several Acts of Parliament, made for repairing divers roads within

this kingdom, by tolls taken or to be taken at such turnpikes, and thereby * prevented the toll from being received, which has lessened the security of

divers of his Majesty's good subjects, for considerable sums of money • whicḥ they have advanced or lent on the credit of the said Acts, and de• terred others from lending any money on the same, and thereby the said • Acts are become ineffectual, the laws now in force not inflicting any pun‘ishment on such offenders, suitable to their offences; and whereas other evil-disposed persons have threatened the pulling down and destroying of locks, sluices, and flood-gates erected to preserve and secure the navigation of rivers made navigable, pursuant to Acts of Parliament for that purpose: For preventing such wicked and unlawful practices for the future, and for rendering the said Acts more effectual: Be it enacted by the King's most excellent Majesty, hy and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament

If assembled, and by the auihority of the same, That if any person or persons shall break

any person whatsoever, from and after the twenty-fourth day of June, in the year of down any turnour Lord one thousand seven hundred and twenty-eight, shall, either by pike, he shall day or night, wilfully and maliciously break down, cut down, pluck up, be sent to the throw down, level, or otherwise destroy any turnpike gate or turnpike gates, common gaok or any post or posts, rail or rails, wall or walls, or other fenee or fences, or house of

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* [Vide 5 George II. c. 33, post:]

cross.

No.XXXVI. belonging to any such turnpike gate or turnpike gates, erected or to be 1 Geo. II. erected, to prevent passengers from passing by without paying the toll di

rected to be paid by any Act or Acts of Parliament made or to be made for st. 2. c. 19. that purpose, every and all such person or persons so offending, being law

fully convicted thereof, upon the oath or oaths of one or more credible correction, for witness or witnesses, before any two or more justices of the peace of the breaking down county,

riding, division, city, town, borough, or corporation, wherein any turnpikes

such offence or offences shall be committed, or before the justices of the made felony

peace in open sessions, (who are hereby authorized and empowered sumby 5 Geo. II. marily and finally to hear and determine the same,) shall be sent to the c. 33.

common gaol, or else to the house of correction, there to continue and be kept to hard labour for the space of three months, without bail or mainprize; and the said justices shall also order and adjudge, that such offender

and offenders shall be, by the master or keeper of such gaol or house of and be whipt correction as aforesaid, on the first convenient market-day, once publickly at the market and openly whipt in such city, town, borough or corporation, wherein or

near which such offence shall be committed, at the market cross or market

place there, between the hours of eleven and two of the clock. Convicted a II. And be it further enacted by the authority aforesaid, That if any such second time, person or persons so convicted shall, from and after the said four and twenof demolishing tieth day of June, commit any of the offences aforesaid a second time, or locks, to be transported

if any person or persons shall, either by day or night, wilfully and mali

ciously pull down or demolish any house or houses, erected or to be seven years.

erected for the use and service of any turnpike gate or turnpike gates, or shall wilfully and maliciously break down or demolish any lock, sluice, or flood-gate, erected or to be erected by authority of Parliament upon any navigable river, for preserving or securing the navigation thereof, and shall be lawfully convicted of the same respectively, upon indictment before any of his Majesty's justices of assize, Oyer and Terminer, or general gaol delivery for the county, city, town, borough or corporation, where such offence or offences respectively shall be committed, every such person and

persons so offending, and being thereof lawfully convicted, shall be adjudged guilty of felony, and every such felon and felons shall be subject and liable to the like pains and penalties, as in cases of felony; and the Courts by and before whom such person or persons shall be tried, shall and hereby have power and authority to transport such felons for the space of seven years, in like manner as other felons are directed to be transported by the laws and statute of this realm.

III. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced against any person or persons for any thing done in pursuance of this present Act, that in every such case the action or suit shall be commenced within six months next after the fact committed, and not afterwards, and shall be laid and brought in such county or counties, place or places, where the cause of action shall arise,

and not elsewhere; and the defendant and defendants in such action or General issue, suit to be brought, shall and may plead the general issue not guilty, and

give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of the said Act; and if it shall appear so to be done, or that such action or suit shall be brought after the time before limited for bringing the same as aforesaid, or shall be brought in any other county or counties, place or places, that then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or actions after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and

may recover treble costs, and have the like remedy for the same as any defend

ant or defendants hath or have in other cases by law. To be read, &c.

IV. And be it further enacted by the authority aforesaid, That this Act shall be publickly read at every quarter-sessions, and at every leet or lawday during the continuance thereof, and that this Act, and every part thereof, shall continue in force for the term of five years, and from thence to the end of the then next session of Parliament, and no longer.

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