No. XL. 10 Geo. II. c. 32. Persons set ting mines of coal on fire to suffer death. Persons armed coming into a forest with an intention to steal deer, and beating and wounding the keepers, to be transported. No. XLI. 11 Geo. II. c. 22. Preamble. Persons using violence to hinder the pur chase or car riage of corn, cutting any hop-binds growing on poles in any plantation of hops, or by wilfully and maliciously setting on fire, or causing to be set on fire, any mine, pit, or delph of coal, or cannel coal. [V. Piles, chalk, &c. used for the security of marshes not to be removed, on forfeiture of 20l. to be levied by distress, or imprisonment for six months*.] VI. And be it further enacted by the authority aforesaid, That from and after the twenty-fourth day of June one thousand seven hundred and thir ty-seven, and during the continuance of the before-mentioned Act of the 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.] IX. And be it further enacted by the authority aforesaid, That if any person or persons armed as aforesaid, shall, at any time after the twentyfourth day of June one thousand seven hundred and thirty-seven, and dur ing the continuance of the said last mentioned Act of the ninth year of his late Majesty, come into any forest, chase, or park, wherein deer are usually kept (be the same inclosed or not inclosed) with an intent to course, hunt, take in toils, kill, wound, or take away red or fallow deer, 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.] [No. XLI.] 11 Geo. II. c. 22.-An Act for punishing such WHEREAS many disorderly and evil-minded persons have of late fre 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 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 Parlia ment assembled, and by the authority of the same, That if any person or persons shall, from and after the four and twentieth day of June one thousand seven hundred and thirty-eight, wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons, with intent to 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, No. XLI. 11 Geo. II. c. 22. separate, or destroy the same, or any part thereof, or the harness of the horses drawing the same; or shall unlawfully take off, drive away, kill, or 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 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 impri 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 person or persons so convicted shall commit any of the offences aforesaid a the like ofsecond time; or if from and after the said four and twentieth day of June fences a second one thousand seven hundred and thirty-eight, any person or persons shall time, wilfully and maliciously pull, throw down, or otherwise destroy any storehouse or granary, or other place where corn shall be then kept in order to destroying be exported; or shall unlawfully enter any such storehouse, granary or granaries or other place, and take and carry away any corn, flour, meal or grain there- the corn there. from, or shall throw abroad, or spoil the same, or any part there- in, of; or shall unlawfully enter on board any ship, barge, boat or vessel, and or in vessels, shall wilfully and maliciously take and carry away, cast or throw out there- &c. from, or otherwise spoil or damage, any meal, flour, wheat or grain therein intended for exportation; every person so offending, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be trans- Felony. ported for the space of seven years, in like manner as other felons are directed to be transported by the laws and statutes of this realm; and if any such offender so transported shall return into this kingdom before the expiration of the said seven years, he or she shall suffer death as a felon without benefit of clergy. III. Provided always, That no attainder for any offence made felony by virtue of this Act shall make or work any corruption of blood, loss of dower, or disinheritance of heir or heirs. IV. Provided also, That no person who shall be punished for any offence by virtue of this Act shall be punished for the same offence by virtue of any other law or statute whatsoever. verable from 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 recocalled England, wherein any such offence as aforesaid shall be committed, the hundred, 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 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 offences, 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 all 1007.) 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. S No. XLI. 11 Geo. II. c. 22. Notice to be given within two days after fact, to a constable; and examina tion upon oath within 10 days. If any one of the offenders be convicted within 12 Majesty, intituled, An Act for the Amendment of the Laws relating to the Actions on the Statute of Hue and Cry, except so much thereof as relates to 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 aforesaid, That no person or persons shall be enabled to recover any damages by virtue of this Act, unless he or they by themselves or by 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 to one of the constables of the hundred, or to the constable, borsholder, headborough or tythingman of the town, parish, village, hamlet or tything, in or near which such fact shall be committed; and shall, within ten days after such notice, give in his or their examinations upon oath, or the examination upon oath of his or their servants being present 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. VII. Provided also, and be it enacted by the authority aforesaid, That where any offence shall be committed against this Act, and any one of the said offenders shall be apprehended and lawfully convicted of such offence within the space of twelve months after the offence committed; no hunmonths, hundred or franchise therein shall in anywise be subject or liable to make any 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 notwithstanding. dred released. Actions not to be brought against hundreds under one, or after two years. VIII. 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 enabled hereby to sue or bring any action against any hundred where such offence shall be committed, till after the expiration of one year; nor unless the party or parties sustaining such damage, shall commence his, her, or their action or suit within two years next after the offence shall be committed. No. XLII. 13 Geo. II. 6 c. 21. [No. XLII.] 13 George II. c. 21.-An Act for further and more effectually preventing the wilful and malicious Destruction of Collieries and Coal Works. 6 WHEREAS of late 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 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 collieries ' by means of water as is aforesaid;' 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 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, wilfully, and maliciously divert, or cause to be diverted, water from any river, brook, watercourse, channel, or land flood, or convey, or cause to be con Persons treble damages, and full costs; c. 21. 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 Geo. II. any coal-work or mine, 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. 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. Cl. 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 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. c. 15. ' after the first of June, in the year of our Lord one thousand seven hundred 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 threaten. letter without any name subscribed thereto, or signed with a fictitious ing or incendiary letters, Middlesex; Esser's case, E. P. C. ch. 23. § 7. Gridwood's case, ibid. § 4. (1) A person putting a letter into the Post in Kent, directed to a person in Middlesex, and delivered there, is guilty of sending in No. LI. 9 Geo. III. c. 29. The wilfully II. And whereas no effectual provision hath heretofore been made for '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 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 Parliament; be it further enacted by the authority aforesaid, That if any 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, demolish, pull down, or otherwise destroy or damage, any fire engine or 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 person shall be tried, shall have power and authority to transport such tion for seven 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. Transporta years. Limitation of prosecutions for the said offences. IV. Provided always, That 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. [No. LII.] 10 George III. c. 30.-An Act for rectifying a Mistake in an Act made in the last Session of Parliament, **** ***** for the better Preservation of Hollies, Thorns, and Quicksets, in Forests, Chases, and Private Grounds, and of Trees and Underwoods in Forests and Chases; and for other Purposes. [Inserted Pt. VI. Cl. 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. 83.-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 Preservation of Roots, Shrubs, and Plants) to Poplar, Alder, Maple, Larch, and Hornbeam. [Inserted Pt. VI. Cl. XL. No. 13.] |