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Dalton's The Country Justice, 1690
Volume 153, Page 245   View pdf image (33K)
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Chap. 111.
Wood.

' moiety to the King, the other to the Prosecutor, by Action, &c. or Information
' in any Court of Record.

245
35 H. 8. 17.     ' All Coppice and Underwoods that shall be felled at Fourteen years
' growth or under, from the Twentieth day of April next, after the Felling
' for four years, it shall be sufficiently Inclosed, and the Springs preserved
' from Cattle by him that hath the lawful interest and possession, upon
' pain to forfeit 3 s. 4 d. for every Rod not so inclosed or preserved by
' the person so bounden to it for every month.  This is inlarged to five
' years, and then none but Calves and yearling Colts till six years.
    §. 6.
Inclosure.
3 El. 25.


3 El. 25.
    ' All Coppice above fourteen years growth, and under twenty four, shall
' in like sort be inclosed or preserved for six years, under the like penalty;
' and this is inlarged to eight years, as above.
35 H. 8. 17.     ' No person shall convert into Tillage or Pasture any Coppice or Underwoods,
' containing two Acres or more, being then Coppice or Underwood,
' and being two Furlongs distant from the Owners house, or the
' house to which it appertains, upon pain to forfeit for every Acre 40 s.
    §. 7.
Altering.
    ' Every person having several Woods or Coppice set with great Trees
' about twenty four years growth, shall at the Felling, leave for every Acre
' twelve Oaks, if so many Oaks, or else so many Trees of Elm, Ash, Asp,
' Beech, as make up the number to be left standing, twenty years after
' the Felling; and for seven years after, preserve and inclose it from destruction
' by Cattle, upon pain that the Owner forfeit for every Tree lacking
' of that number 6 s. 8 d. and the Owner commanding those Trees to
' be felled, to lose for every tree so felled 6 s. 8 d. and for every Rod inclosed
' or preserved 3 s. 4 d.
    §. 8.
Standels.


Inclosing.
    ' But the Owner may take any of them for Repairs and Necessaries.
35 H. 8. 17.     ' The Lord, owner of the Soil where Woods grow, and others having
' Common, shall before Felling, call together the Tenants, and by the
' consent of more part of them, if they can agree, shall set out a fourth
' part thereof:  And if the Lord and Tenants do not agree, then two Justices
' to be assigned by the Sessions, at the request of the Lord, being not
' of his Alliance, King, Counsel or Fee, shall call together twelve such Commoners
' and Inhabitants, and under such Penalties as they think fit; and
' being met, and the Justices shewing the cause of their meeting, if the
' Justices, Lord, Commoners and Inhabitants, or the major part of them
' cannot agree upon a Division of a fourth part, the Justices may set out a
' fourth part; and the Lord, or owner, may inclose and sell.
    §. 9.
Commoners.
35 H. 8. 17.     ' Standels, Storers and Trees, shall be left upon like Penalties, as before
' is limited, and the Inclosure maintained, and Springs preserved seven
' years from the felling; and within that seven years no Beast be put
' in or suffered to feed there, upon pain to forfeit 4 d. for every Beast.
' And the Owner forfeit for every Tree otherwise felled 6 s. 8 d. 
    §. 10.
Standels.
    ' After such inclosing, the Tenants may use and enjoy their Common in
' the residue not inclosed; and the Lord shall put no Cattle therein for the
' seven years, 35 H. 8. 17.  And after the seven years it shall be left open,
' and used as before.
Preservation.
    ' But by 13 El. 25. the Woods are to remain inclosed, and Springs be
' preserved two years longer than by 35 H. 8. is directed upon the like
' Penalties.
1 Jac. 22.     ' No person shall sell or cause, &c. any Oaken Trees, meet to be barked
' where Bark is worth two shillings a Cart-load above the charges) except
' Timber for Houses, Ships or Mills; but between the first day of April,
' and the last day of June, upon pain of Forfeiture of the Bark, or double
' the value thereof.
    §. 11.
Bark.

Y 3



 
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Dalton's The Country Justice, 1690
Volume 153, Page 245   View pdf image (33K)
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