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Wood.
or taking the same, and as well such persons apprehended or taken
carrying any kind of Wood or other Premisses, as those in whose Houses,
or other Places belonging to them, any of the same shall be found, to carry
before any one Justice of the Peace of the same County, City or Town
Corporate. And if such Persons suspected, do not give a good account
how
they came by the same, by the consent of the Owner, such as shall satisfie
the said Justice (or within some convenient time to be set by the said
Justice)
produce the party of whom they bought the said Wood, or some credible Witness
upon Oath, to prove such Sale, then such Persons suspected, not giving
such good account, not producing such Witness, shall be judged as convicted,
for cutting and stealing of Woods, Underwoods, Poles, Trees, Gates, Stiles,
Posts, Pales, Rails, Hedgwood, Broom or Furse, within the meaning of the
said Statute of 43 Eliz. and liable to the punishment therein,
and of this Act:
viz. |
Chap. 111. |
§. 3.
Penalty. |
Every person, so convicted, shall for the first
Offence give the Owner
satisfaction for his damages within such time as the Justice shall appoint,
and, over and above, pay down to the Overseers of the Poor of the Parish
where such Offence is, such sum of Mony, not exceeding ten shillings,
as the said Justice shall think fit: In default of either of which
Payments
the said Justice may commit such Offender to the House of Correction
for such time (not exceeding one Month) as he shall think fit, or
to be
whipt by the Constable, or other Officer, as in his judgment shall seem
expedient. |
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And if such Person shall again commit the said
Offence, and be thereof
convicted as before, that then the Persons offending the second time, and
convicted, shall be sent to the House of Correction for one Month, and
there to be kept to hard labour: And for the third Offence,
convicted as
before, shall be judged and deemed as incorrigible Rogues. |
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§. 4.
Buying. |
And whosoever shall buy any Burthens of Wood,
or any the Premisses,
suspected to be stoln or unlawfully come by, the Justices, the mayor
or chief
Officer, or any one of them, within their respective Jurisdictions, upon
complaint,
may examine the Matter upon Oath: And of they find the same was
bought of any suspected to have stoln or unlawfully come by the same, then
any
one of the said Justices or chief Officer shall and may award the Party
that
bought the same to pay treble the value thereof to the Party from whom
the
same was stoln or unlawfully taken: And, in default of present payment,
to
issue forth Warrant to levy the same by Distress and Sale of the Offender's
Goods, rendring the Overplus to the Party: And for want of such Distress,
to commit the Party to the Gaol, at his own Will, there to remain one Month
without Bail. |
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But no Person is to be questioned for any Offence
within this Act, unless
within six Weeks after the Offence committed; nor if punished by any former
Law for the same. |
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Quære, If no Owner can claim the Wood as
his own, then it seems, although
the same be suspected to be stoln, no Proceedings can be on this
Act. |
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§. 5.
Standels. |
' Every Owner of Coppice-wood (of Twenty four years
growth or
' under) for Inheritance, Life, Copyhold, or for years, shall leave standing
' for every Acre, twelve Standels or Storers of Oak; if so many of
' Oak; if not, to be made up of Elm, Ash, Asp or Beech, to be left of those
' that were left standing at the last felling; if so many, if not, of others,
' likely to be Timber-trees, which Stores shall not be cut till they be
ten
' inches square, within three foot on the Ground, upon pain of 30 s.
4 d. for
' not leaving and 30 s. 4 d. for the Owner commanding to
cut down. A |
35 H. 8. 17. |
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