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No. XL. cutting any hop-binds growing on poles in any plantation of hops, or by 10 Geo. II. wilfully and maliciously setting on fire, or causing to be set on fire, any
mine, pit, or delph of coal, or cannel coal. c. 32.
(V. Piles, chalk, &c. used for the security of marshes not to be removed, on forfeiture of 201. to be levied by distress, or imprisonment for six
months *.] Persons set. VI. And be it further enacted by the authority aforesaid, That from and ting mines of after the twenty-fourth day of June one thousand seven hundred and thircoal on fire to ty-seven, and during the continuance of the before-mentioned Act of the suffer death,
ninth year of the reign of his late Majesty King George the First, 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.
(VII. Persons convicted a second time of hunting and taking away of deer out of uninclosed forests or chases,' to be transported.]
(VIII. Such offenders how to be tried.] Persons armed IX. And be it further enacted by the authority aforesaid, That if any coming into a person or persons armed as aforesaid, shall, at any time after the twentyforest with an fourth day of June one thousand seven hundred and thirty-seven, and durintention to ing the continuance of the said last mentioned Act of the ninth year
of steal deer, and his late Majesty, come into any forest, chase, or park, wherein deer beating and wounding the
are usually kept (be the same inclosed or not inclosed) with an intent keepers, to be to course, hunt, take in toils, kill, wound, or take away red or fallow deer, transported. and shall there unlawfully beat or wound any keeper or keepers, page or
pages of any such forest, chace, or park, where deer are usually kept, their servants or assistants, in the execution of his or their office or offices, and be thereof lawfully convicted, every such person or persons shall be transported to one of his Majesty's plantations in America for the space
of seven years, in like manner as other offenders may be transported by the laws now in force; and if such person or persons shall return into any part of Great Britain or Ireland within the said seven years, every such person and persons shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy. [X. Penalty on taking wild fowl in nets in the moulting season.)
* Inserted Pt. VI. CI. IV. [No. XLI.) 11 Geo. II. C. 22.-An Act for punishing such
Persons as shall do Injuries and Violences to the Persons or Properties of his Majesty's subjects, with Intent to hin
der the Exportation of Corn. No. XLI. WHEREAS many disorderly and evil-minded persons have of late fre11 Geo. II.
quently assembled themselves in great numbers, committed great • violences, and done many injuries to the persons and properties of his Ma* jesty's subjects, with intent to hinder the exportation of corn, whereby
many of his Majesty's subjects have been deterred from buying of corn Preamble. • and grain, and following their lawful business therein, to their great loss
and damage, as well as the great damage and prejudice of the farmers and • landholders of this kingdom, and of the nation in general; For the better
preventing such wicked and disorderly practices, and more easily and effectually bringing such offenders to condign punishment:' Be it enacted by. the King's most excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present ParliaPersons using ment assembled, and by the authority of the same, That if any person or violence to persons shall, from and after the four and twentieth day of June one thouhinder the pur- sand seven hundred and thirty-eight, wilfully and maliciously beat, wound, chase or car- or use any other violence to or upon any person or persons, with intent to riage of corn, deter or hinder him or them from buying of corn or grain in any market or
other place within this kingdom; or shall unlawfully stop or seize upon any waggon, cart, or other carriage, or horse, loaded with wheat; flour, meal, malt, or other grain, in or on the way to and from any city, markettown, or sea-port of this kingdom, and wilfully and maliciously break, cut,
separate, or destroy the same, or any part thereof, or the harness of the No. XLI. horses drawing the same; or shall unlawfully take off, drive away, kill, or
11 Geo. II. wound any of such horses, or unlawfully beat or wound the driver or drivers of such waggon, cart or other carriage, or horse so loaded, in order
c. 22. to stop the same; or shall, by cutting off the sacks or otherwise, scatter or throw abroad such wheat, flour, meal, malt, or other grain, or shall take, or carry away, spoil, or damage the same, or any part thereof; every and all such person and persons being thereof lawfully convicted before any two or more justices of the peace of the county, shire, stewartry, riding, division, town or place corporate, wherein such offence or offences shall be committed, or before the justices of the peace in open sessions (who are hereby authorized and impowered summarily and finally to hear and determine the same) shall be sent to the common gaol, or to the house of cor- to be imprie rection, there to continue and be kept to hard labour for any time not ex- soned, ceeding the space of three months, nor less than one month; and shall by the same justices be also ordered to be once publickly and openly whipped and whipped, by the master or keeper of such gaol or house of correction, in such city, market-town or sea-port, in or near to which such offence shall be committed, on the first convenient market-day, at the market-cross or marketplace there, between the hours of eleven and two of the clock.
II. And be it further enacted by the authority aforesaid, That if any such Committing
III. Provided always, That no attainder for any offence made felony by
V. And be it further enacted by the authority aforesaid, That from and Satisfaction after the four and twentieth day of June one thousand seven hundred and for such dathirty-eight, the inhabitants of every hundred in that part of Great Britain mages recom called England, wherein any such offence as aforesaid shall be committed, the hundred, shall make full satisfaction and amends to all and every the
persons, their executors, and administrators, for the damages they shall have sustained or suffered by any injury or violence done to their properties by any offender or offenders against this Act; and that every person and persons, who shall sustain damages in their properties by any of the said of fences, shall and are hereby enabled to sue for and recover such his or their damages (the sum to be recovered not exceeding one hundred pounds) (not exceeding against the said hundred, who by this act shall be made liable to answer alí 1001.) or any part thereof; such damages to be sued for, levied and raised, in such manner and form, and by and under the like methods and directions, as are prescribed and mentioned in cases of actions for robberies on the highway, in and by an Act made in the seven and twentieth year of the reign of Queen Elizabeth, intituled, An Act for the following Hue and Cry, and as in cases of and by one other Act made in the eighth year of the reign of his present
, robbery, Vol. V.
No. XLI. Majesty, intituled, An Act for the Amendment of the Laws relating to the Ac11 Geo. II. tions on the Statute of Hue and Cry, except so much thereof as relates to c. 22
giving, leaving or publishing notice, or making fresh suit and hue and cry, or any other matter otherwise provided for by this Act.
VI. Provided nevertheless, and be it further enacted by the authority Notice to be
aforesaid, That no person or persons shall be enabled to recover any dagiven within
mages by virtue of this Act, unless he or they by themselves or by their two days after servants within two days after such damage or injury done him or them by fact, to a con
any such offender or offenders as aforesaid, shall give notice of such offence stable;
done and committed to one of the constables of the hundred, or to the constable, borsholder, headborough or tythingman of the town, parish, vil
lage, hamlet or tything, in or near which such fact shall be committed; and and examina. shall, within ten days after such notice, give in his or their examinations tion upon oath upon oath, or the examination upon oath of his or their servants being prewithin 10 days. sent at the time of the fact being committed, or having the care of such
his or their properties, to which such damage or injury shall be done, before any justice of the peace of the county, liberty or division, where such fact shall be committed, 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 according
to this Act, or otherwise according to the laws of the realm. If any one of VII. Provided also, and be it enacted by the authority aforesaid, That the offenders
where any offence shall be committed against this Act, and any one of the be convicted
said offenders shall be apprehended and lawfully convicted of such offence within 12
within the space of twelve months after the offence committed; no hunmonths, hun
dred or franchise therein shall in anywise be subject or liable to make any dred released.
satisfaction to the party or parties injured for the damages he or they shall have sustained, any thing in this Act contained to the contrary notwith
standing Actions not to VIII. Provided also, That no person who shall sustain any damage by be brought reason of any offence to be committed by any offender contrary to this Act, against hun
shall be enabled hereby to sue or bring any action against any hundred dreds under
where such offence shall be committed, till after the expiration of one year; one, or after
nor unless the party or parties sustaining such damage, shall commence his, two years.
her, or their action or suit within two years next after the offence shall be committed.
[No. XLII.) 19 George II. c. 21.–An Act for further and
more effectually preventing the wilful and malicious De
struction of Collieries and Coal Works. No. XLII. "
WHEREAS of late divers evil-disposed persons, possessed of or interest13 Geo. II.
ed in collieries, have by secret and subtil devices wilfully and malic. 21.
ciously attempted to drown adjacent collieries, and have by means of water conveyel or obstructed for that purpose destroyed or damaged the same, intending thereby to enhance the price of coals, and gain the monopoly thereof: And whereas by an Act made in the tenth year of the reign • of his present Majesty it was enacted, That 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: And whereas • it is reasonable that an adequate punishment should likewise be inflicted
on persons who shall wilfully and maliciously destroy or damage colieries . by means of water as is aforesaid ;' Be it enacted by the King's most ex
cellent Majesty, by and with the advice and consent of the Lords Spiritual Persons
and Temporal, and Commons, in this present Parliament assembled, and by drowning coal the authority of the same, That if any person, from and after the twelfth pits, shall pay day of June one thousand seven hundred and forty, shall unlawfully, wiltreble da
fully, and maliciously divert, or cause to be diverted, water from any river, mages, and
krook, watercourse, channel, or land flood, or convey, or cause to be con
veyed, water into any coal work, mine, pit, or delph of coal, or into any No. XLII. subterraneous cavities, or passages, or make or cause to be made any subterraneous cavities or passages, with design thereby to destroy or damage 13 G«o. II. any coal-work or mine, pit, or delph of coal belonging to any other person
c. 21. 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.
Except such II. Provided always, That nothing in this Act contained shall prevent or coal pits are restrain, or be construed to prevent or restrain, any person or persons, their own. 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.
[No. XLIII.] 26 Geo. II. c. 19.-An Act for enforcing the
Laws against Persons who shall steal or detain shipwrecked Goods; and for the Relief of Persons suffering losses thereby.
[Inserted Pt. III. CI. II. No. 13.] [No. XLIV.) 27 Geo. II. c. 15.- An Act to explain and
amend an Act made in the ninth Year of the Reign of his late Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects; and
for the speedy bringing the Offenders to Justice. WHEREAS by an Act made in the ninth year of the reign of his late No. XLIV.
Majesty King George the First, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons going armed and disguised, and 27 Geo. II. doing Injuries and Violences to the Persons and Properties of his Majesty's
c. 15. Subjects; and for the speedy bringing the Offenders to Justice : it is amongst other things enacted, That if any person or persons, from and 9 Geo. I. c. 22. • after the first of June, in the year of our Lord one thousand seven hun• dred and twenty-three, shall knowingly send any letter without any name subscribed thereto, or signed with a fictitious name, demanding money, venison, or other valuable thing, or shall forcibly rescue any person being lawfully in custody of any officer or other person, for any of the of• fences in the said Act mentioned, 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: And whereas divers • letters have been sent to several of his Majesty's subjects, threatening their lives or burning their houses, which letters not demanding money,
venison, or any valuable effects, are not subject to the penalties of the said Act:' To prevent the like mischievous and iniquitous proceedings for the future, be it enacted by the King's most excellent Majesty, by and with the advice and cosent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the Persons consame, That if any person or persons, from and after the first day of May victed of sendone thousand seven hundred and fifty-four, shall knowingly send (1) any ing threatenletter without any naine subscribed thereto, or signed with a fictitious ing or incen
diary letters, (1) A person putting a letter into the Post Middlesex; Esser's case, E. P. C. ch. 23. 97, in Kent, directed to a person in Middlesex, Gridwood's case, ibid. § 4. and delivered there, is guilty of sending in
II. ' And whereas no effectual provision hath heretofore been made for 9 Geo. III. preventing the burning of mills;' be it therefore enacted by the authority
aforesaid, That if any person or persons shall, from and after the first day c. 29.
of July one thousand seven hundred and sixty-nine, wilfully or maliciously burn or set fire to, any wind saw mill, or other wind mill, or any water mill, or other mill; such person so offending, being lawfully convicted thereof, shall be adjudged guilty of felony without benefit of clergy, and shall suffer death as in case of felony without benefit of clergy.
III. And for 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; and
also fences made or to be made for inclosing lands by virtue of Acts of The wilfully Parliament; be it further enacted by the authority aforesaid, That if any destroying or damaging en
person or persons shall at any time after the first day of July one thousand
seven hundred and sixty-nine, wilfully or maliciously set fire to, burn, degines for draining other
molish, pull down, or otherwise destroy or damage, any fire engine or mines, &c.
other engine erected, or to be erected, for draining water from collieries or coal mines; or for drawing coals out of the same; or for draining water from any mine of lead, tin, copper, or other mineral; or any bridge, waggon way, 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 waggon way erected, or to be erected for conveying lead, tin, copper, or other mineral, from any such mine; or any fence or fences that are or shall be erected, set up, provided, or made, for dividing or inclosing any common waste or other lands or grounds, in pursuance of any Act or Acts of Parliament; every such person being lawfully convicted of any or either of the said several offences, or of causing or procuring the same to be done, shall be adjudged guilty of felony, and shall be subject to the like pains
and penalties as in cases of felony; and the Court by or before whom such Transporta- 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 diyears.
rected to be transported by the laws and statutes of this realm. Limitation of IV. Provided always,
That no person or persons shall be prosecuted by prosecutions virtue of this Act for any offence or offences committed contrary to the for the said offences.
same, unless such prosecution be commenced within eighteen months after the offence committed.
tion for seven
[No. LII.] 10 George III. c. 30.—An Act for rectifying a
Mistake in an Act made in the last Session of Parliament,
[Inserted Pt. VI. CI. XL. No. 2.]
[No. LIII.] 12 George III. c. 24.-An Act for the better
securing and preserving his Majesty's Dock Yards, Magazines, Ships, Ammunition, and Stores.
[Inserted ante, Cl. II. No. 49.] [No. LIV.] 13 George III. c. 33.-An Act to extend the
Provisions of an Act, made in the Sixth Year of his present Majesty's Reign (intituled, An Act for the better Preservation of Timber Trees, and of Woods and Underwoods ; and for the further Préservation of Roots, Shrubs, and Plants) to Poplar, Alder, Maple, Larch, and Hornbeam.
[Inserted Pt. VI. CI. XL. No. 13.)