V. And be it enacted by the authority aforesaid, That his Majesty's justices of the peace for the respective counties, cities, ridings, divisions, or places, wherein any of the offences committed against this Act shall be done, are hereby authorized to put this Act in execution, and to administer an oath to any such credible witness or witnesses. No. XI. 6 Geo. III. c. 48. VI. And whereas the mischiefs intended by this Act to be prevented Justices to put may be evaded on account of the offenders not being able to pay down Act in executhe sum forfeited and charges incurred thereby, such offenders frequently tion. having no goods, or other chattels, whereon the same can be levied;' therefore be it enacted, That it shall and may be lawful for such justice or justices, unless the respective forfeitures shall be paid down upon conviction forthwith, where not otherwise directed by this Act, by warrant under his or their hands and seals to commit such offender or offenders, for the first offence, to the house of correction for one month, to hard labour, and to be once whipped there; and for the second offence, where not otherwise directed by this Act, to the house of correction for three months, to hard labour, and to be whipped there once in every one of the said three months. Persons hindering or attempting to prevent seizing offenders, &c. VII. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time hinder, or attempt to prevent, the seizing or securing any person employed in carrying away any such timber or other trees; every such person so hindering or attempting to prevent such seizing or securing, shall, for every such offence, forfeit and pay the sum of ten pounds to the person or persons who shall convict such offender: And if the said sum be not immediately paid on conviction, the person or persons so convicted shall be, by the justice or justices before whom he, she, or they shall be convicted, committed to the house of correction, to hard labour, for any time not exceeding six calendar months. VIII. And be it further enacted, That one moiety of all and every the Application of forfeitures herein-before directed to be paid in pursuance of this Act, and forfeitures. not otherwise directed, shall go to the informer, and the other moiety to the person or persons aggrieved. sessions. IX. And be it further enacted by the authority aforesaid, That the con- Convictions to viction and convictions of all and every offender and offenders against this be certified to Act, shall be certified by the justice or justices of the peace before whom the same shall be made, to the next general quarter sessions of the peace, to be filed amongst the records of the said sessions; and that such conviction shall be fairly written on parchment or paper in the following form of words (as the case shall happen) or in any other form of words to the like effect; (that is to say,) To wit.} BE it remembered, That on the before year day of in the Form of con A. B. was upon the complaint of C. D. convicted viction. of the justices of the peace for in pursuance of an Act passed in the sixth year of the reign of his Majesty King George the Third, for [as the case shall be]. Given under hand and seal the day and year above written. which said conviction shall be good and effectual in law to all intents and purposes; and shall not be quashed, set aside, or adjudged void or insufficient, for want of any form or words whatsoever; nor be liable to be removed by certiorari into his Majesty's Court of King's Bench, but shall be deemed and taken to be final to all intents and purposes whatsoever. [No. XII. ] 10 George III. c. 30.-An Act for rectifying a Mistake in an Act made in the last Session of Parliament, intituled, An Act for better securing the Duties of Customs upon certain Goods removed from the Out Ports and other Places to London; for regulating the Fees of the Officers of his Majesty's Customs in the Province of Senegambia in Africa; for allowing to the Receivers General of the Duties Conviction not liable to be quashed, &c. on Offices and Employments in Scotland, a proper Compensation for their Trouble and Expences; for the better Preservation of Pollies, Thorns, and Quicksets, in Forests, Chases, and Private Grounds, and of Trees and Underwoods in Farests and Chases; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney. WHEREAS in an Act passed in the last session of Parliament, intituled, An Act for better securing the Duties of Customs upon certain Goods removed from the Out Ports and other Places to London; for regulating the Fees of the Officers of his Majesty's Customs in the Province of Senegambia in Africa; for allowing to the Receivers-general of the Duties on Offices and Employments in Scotland, a proper Compensation for their Trouble and Erpences; 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 authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney; an Act made in the sixth year of his present Majesty's reign, therein intended to be recited and extended, is, by mistake, intituled, An Act for the better Preservation of • Roots, Shrubs, and Plants, instead of being 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: Now, for rectifying the said mistake,' 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 the authority of the same, That the said Act of the sixth year of his present Majesty's reign shall, notwithstanding such mistake in reciting the title thereof, made in the said Act of the last session of Parliament, be taken, deemed, and adjudged nevertheless to be meant thereby, and confirmed and extended accordingly as to all and every the several clauses, powers, authorities, penalties, forfeitures, provisions, matters, and things in the said Acts, or either of them, contained, in the same manner, to all intents, constructions, and purposes whatsoever, as if the said mistake had never been made or happened, and the title of the said Act of the sixth year of his present Majesty's reign had at first been truly recited in the said Act of the last session of Parliament; any law or usage to the contrary in anywise notwithstanding. [ No. XIII. ] 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 Preservation of Roots, Shrubs, and Plants, to Poplar, Alder, Maple, Larch, and Hornbeam. WHEREAS by 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, it was enacted, That every person who should cut or 'break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or carry away, any timber tree, or trees likely to become timber, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof first had and obtained, or in any of his Majesty's forests or chases, without the consent of the survey or or surveyors, or his or their deputy or deputies, or person or 'persons intrusted with the care of the same, and should be thereof con'victed, upon the oath of one or more credible witness or witnesses, be 6 No. XIII. 13 Geo. III. c. 33. 'fore any one or more of his Majesty's justices for the county, cty, riding, division, district, or place, wherein such offence should be committed, should, for the first offence, forfeit and pay such sum of money, not ex'ceeding twenty pounds, as to such justice or justices should seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justice or justices who should convict the offender; and upon non-payment thereof, such justice or justices should commit the offender to the common gaol of the county or place where the offence should be committed, there to remain without bail or mainprize, for any time not exceeding twelve months, nor less than six months, or until the 'penalty and charges should be paid; and if any person so convicted should be guilty of the like offence a second time, and should be thereof 'convicted in like manner, such person should forfeit and pay such sum of money, not exceeding thirty pounds, as to such justice or justices should seem meet, together with the charges previous to and attending 'such conviction, to be ascertained by such justice or justices who should convict the offender; and upon non-payment thereof, such justice or justices should commit the offender to the common gaol of the county or 'place where the offence should be committed, there to remain without 'bail or mainprize, for any time not exceeding eighteen months, nor less than twelve months, or until the penalty and charges should be paid; and if any person so convicted should be guilty of the like offence a third time, and should be thereof convicted in like manner, such person should 'be guilty of felony, and the court by and before whom such person shall be tried, should and thereby had authority to transport such person or persons for the space of seven years, to any of his Majesty's plantations in America, in like manner as other felons are directed to be transported by the laws and statutes of this realm: And by the said Act it was enacted, That all oak, beech, chesnut, walnut, ash, elm, cedar, fir, asp, lime, sycamore, and birch trees, should be deemed and taken to be timber trees, within the true meaning and provision of the said Act: And whereas doubts have arisen since the passing the said Act, whether any trees shall 'be deemed and taken to be timber trees, other than such as are declared so to be in the said Act:' Now, for the better preservation of the several useful and valuable timber trees hercafter mentioned, casually omitted to be mentioned in the said Act, 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 the authority of the same, That the trees called poplar, alder, larch, maple, Poplar, alder, and hornbeam, shall also be deemed and taken to be timber trees, imme- larch, maple, diately after the first day of May, one thousand seven hundred and seventy- and hornbeam three: And all and every person or persons who shall after the said first to be deemed day of May, one thousand seven hundred and seventy-three next, wilfully timber trees. cut or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or carry away any poplar, alder, larch, maple, and hornbeam, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof first had and obtained, or of some person intrusted with the care of such tree or trees, such person or persons shall, if found guilty of any offence or offences, be convicted in like manner as persons are directed so to be, for offences of the like kind, concerning trees, deemed timber trees, in the above in-part recited Act; and upon such conviction or convictions shall be liable to all and every the penalties, forfeitures, and punishments therein inflicted for any such like offence or offences; and all and every justice and justices of the peace is and are hereby authorized, on complaint made to him or them of any offence or offences, to administer oaths, and to proceed in like manner to conviction and punishment of every offender against this Act, as fully and effectually as if the said trees hereby declared, deemed, and taken to be timber trees, had been expressly so deemed and declared to be in the said Act passed in the sixth year of his present Majesty's reign; and such conviction and convictions shall be certified by the justice or justices before whom the same shall be made to the next quarter sessions of the peace to be holden for the county wherein such offence or offences were committed, No. XIII. 13 Geo. III. c. 33. No. XIV. 45 Geo. III. c. 66. Recital of Act Recital of Act 9 G. 3. c. 41. [§ 8. and see 10 G. 3. c. 30.] extending 6 G. 3. c. 36. to hollies, &c. in the form of words, or to that effect, directed by the said Act; and all and every the forfeitures for offences against this Act shall be paid and applied in the manner forfeitures are directed to be paid in the said recited Act. [No. XIV. ] 45 George III. c. 66.-An Act to prevent in WHEREAS by an Act passed in the sixth year of his present Majesty's 'fectually to all intents and purposes, as if the several provisions in the II. And be it further enacted, That the conviction and convictions of all in the year day of No. XIV. 45 Geo. III. c. 66. Provisions of recited Acts extended to all woods belonging to his Majesty, and to persons taking away bark from woods of his Majesty, or any of his subjects, or having it unlawfully in their posses sion. Conviction shall be certified to the sessions. Form of con A. B. was, upon the complaint of viction. 'C. D. convicted before ' under After more than three offences offend Which said conviction shall be good and effectual in law to all intents and No certiorari. |