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51.

felony.

if a male, to be once, twice, or thrice publicly or privately whipped (if the The like to

Court shall so think fit), in addition to such imprisonment; and if any person tree

shall unlawfully and maliciously cut, break, bark, root up, or otherwise de&c. growing stroy or damage the whole or any part of any tree, sapling, or shrub, or any elsewhere, underwood, respectively growing elsewhere than in any of the situations shall be fé hereinbefore mentioned, every such offender (in case the amount of the inlony, if the jury done shall exceed the sum of five pounds) shall be guilty of felony, and, value exceeds being convicted thereof, shall be liable to any of the punishinents which the

Court way award for the felony hereinbefore last mentioned. Destroying or XX. And be it enacted, That if any person shall unlawfully and maliciously damaging cut, break, bark, root up, or otherwise destroy or damage the whole or any trees, shrubs, part of any tree, sapling, or shrub, or any underwood, wheresoever the same &c. whereso- may be respectively growing, the injury done being to the amount of one ever growing, shilling at the least, every such offender, being convicted before a justice of and of any va- the peace, shall for the first offence forfeit and pay, over and above the lue above Is.,

Isuy amount of the injury done, such sum of money, not exceeding five pounds,

a

on as to the justice shall seem meet; and if any person so convicted shall aftersummary conviction for

wards be guilty of any of the said offences, and shall be convicted thereof in first and se

like manner, every such offender shall for such second offence be committed cond offence: to the common gaol or house of correction, there to be kept to hard labour third offence, for such term, not exceeding twelve calendar months, as the convicting jus.

tice shall think fit; and if such second conviction shall take place before two See post. s. 32 justices, they may further order the offender, if a male, to be once or twice & 33.

publicly or privately whipped, after the expiration of four days from the time of such conviction ; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to any of the punishments

which the Court may award for the felony hereinbefore last mentioned. Destroying,

XXI. And be it enacted, That if any person shall unlawfully and mali&c. any fruit ciously destroy, or damage with intent to destroy, any plant, root, fruit, or or vegetable vegetable production, growing in any garden, orchard, nursery ground, hotproduction in house, greenhouse, or conservatory, every such offender, being convicted a garden, &c. thereof before a justice of the peace, shall, at the discretion of the justice, punishable on either be committed to the common gaol or house of correction, there to be summary con- imprisoned only, or to be imprisoned and kept to hard labour, for any term viction for

.. not exceeding six calendar months, or else shall forfeit and pay, over and first offence ; second offence

above the amount of the injury done, such sum of money, not exceeding.

twenty pounds, as to the justice shall seem meet; and if any person so conSee post. s. 32 victed shall afterwards commit any of the said offences, such offender shall & 33.

be deemed guilty of felony, and being convicted thereof, shall be liable to any of the punishments which the Court may award for the felony herein

before last mentioned. Destroying,

XXII. And be it enacted, That if any person shall unlawfully and ma

liciously destroy, or damage with intent to destroy, any cultivated root or productions plant used for the food of man or beast, or for medicine, or for distilling, or not growing for dyeing, or for or in the course of any manufacture, and growing in any in gardens, land, open or inclosed, not being a garden, orchard, or nursery ground, &c.

every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned oply, or to be imprisoned and kept to hard labour, for any term not exceeding one calendar month, or cise shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in desanlt of payment thereof, together with the costs, if or

dered, shall be committed as aforesaid for any term not exceeding one calenSee post. s. 32 dar month, unless payment be sooner made ; and if any person so convicted & 33.

shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like inanner, every such offender shall be committed to the committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from

the time of such conviction. Destroying, XXIII. And be it enacted, That if any person shall unlawfully and ma&c. any fence,

felony,

&c. vegetable

the money

liciously cut, break, throw down, or in anywise destroy any fence of any de wall, stile, or scription whatsoever, or any wall, stile, or gate, or any part thereof respec- gate. tively, every such offender, being convicted before a justice of the peace, See post. s. 32 shall for the first offence forfeit and pay, over and above the amount of the & 33. injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet ; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be coinmitted to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

XXIV. And be it enacted, That if any person shall wilfully or maliciously Persons comcommit any damage, injury, or spoil to or upon any real or personal pro- mitting daperty whatsoever, either of a public or private nature, for which no remedy mage to any or punishment is hereinbefore provided, every such person, being convicted property, in thereof before a justice of the peace, shall forfeit and pay such sum of mo- any case not ney as shall appear to the justice to be a reasonable coni pensation for the da- previously mage, injury, or spoil so committed, not exceeding the sum of five pounds; provided for, which sum of money sball, in the case of private property, be paid to the may be comparty aggrieved, except where such party shall have been examined in proof

of pelled by a of the offence; and in such case, or in the case of property of a public na

" justice to pay ture, or wherein any public right is concerned, the money shall be applied in not exceeding such manner as every penalty imposed by a justice of the peace under this 5l. act is hereinafter directed to be applied ; and if such sum of money, together

or money together Application of with costs (if ordered), shall not be paid either immediately after the convic- ih tion, or within such period as the justice shall at the time of the conviction awarded. appoint, the justice may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to

See post, s. 32. hard labour, as the justice shall think fit, for any term not exceeding two calendar months, unless such sum and costs be sooner paid : Provided always, Proviso. that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in huntiog, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as before the passing of this act.

XXV. And be it enacted, That every punishment aud forfeiture by this act Malice against imposed on any person maliciously committing any offence, whether the same the owner not be punishable upon indictinent or upon summary conviction, shall equally essential to apply and be enforced, whether the offence shall be committed from malice any offence conceived against the owner of the property in respect of which it shall be under this act. committed, or otherwise.

XXVI. And be it enacted, That in the case of every felony punishable Principals in under this act, every principal in the second degree, and every accessory be- the second defore the fact, shall be punishable with death or otherwise, in the same man- gree, and acner as the principal in the first degree is by this act punishable ; and every ac- cessories. cessory after the fact to any felony punishable under this act shall, on convic. tion, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure the commission of any Abettors in misdemeanor punishable under this act, shall be liable to be indicted and pu- misdemean. nished as a principal offender.

ors. XXVII. Apd be it enacted, That where any person shall be convicted of the Court any indictable offence punishable under this act, for which imprisonment mas may, for all be awarded, it shall be lawful for the Court to sentence the offender to be im- offences withprisoned, or to be imprisoned and kept to hard labour, in the common gaol in this act, oror house of correction, and also to direct that the offender shall be kept in der hard lasolivary confinement for the whole or any portion or portions of such inpri- bour or solisonment, or of such imprisonment with hard labour, as to the Court in its dis- tary confinecretion shall seem meet.

ment. XXVIII. And, for the more effectual apprehension of all offenders against Persons in the this act, be it enacted, That any person found committing any offence against act of committhis act, whether the same be punishable upon indictment or upon summary ting any of. conviction, may be immediately apprehended without a warrant, by any peacc

fence may be apprebended

without a war- officer, or the owner of the property injured, or his servant, or any person aurant.

thorized by him, and forthwith taken before some neighbouring justice of the

peace, to be dealt with according to law. Limitation as XXIX. And be it enacied, That the prosecution for every offence punishto summary able on summary conviction under this act shall be commenced within three proceedings. calendar months after the commission of the offence, and not oiherwise ; and Competency the evidence of the party aggrieved shall be adınitted in proof of the offence, of witnesses. and also the evidence of any inhabitant of the county, riding, or division in

which the offence shall have been committed, notwiihstanding any forfeiture or penalty incurred by the offence may be payable to the general rate of such

county, riding, or division. Mode of com- XXX. And for the more effectual prosecution of all offences punishable on pelling the summary conviction under this act, be it enacted, That where any person shall appearance of

be charged on the oath of a credible witness before any justice of the peace persons pun

with any such vffence, the justice may summon the person charged to appear ishable on summary con

at a time and place to be named in such summons; and if he shall not appear viction.

accordingly, then (upou proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode,) the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other justice of the peace; or the justice before whom the charge shall be made may (if he shall so think fit), without any previous summons (unless where otherwise specially directed), issue such warrant; and the justice, before whom the person charged shall appear or be

brought, shall proceed to hear and determine the case. Abettors in XXXI. And be it enacted, That where any offence is by this act punishable offences pun- on summary conviction, either for every time of its commission, or for the ishable on first and second time only, or for the first time only, any person who shall aid, summary con- abet, counsel, or procure the commission of such offence, sball, on conviction viction.

before a justice of the peace, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent

offence as a principal offender is by this act made liable. Application of XXXII. And with regard to the application of all forfeitures and penalties forfeitures and upon summary convictions under this act, be it enacted, That every sum of penalties upon money which shall be forfeited for the amount of any injury done (such summary con- amount to be assessed in each case by the convicting justice) shall be paid to victions. the party aggrieved, if known, except where such party shall bave been exa

mined in proof of the offence, and in that case, or where the party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such amount or otherwise, shall be paid to some one of the overseers of the poor, or to some other officer (as the justice may direct) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place

shall be situate, whether the same shall or shall not contribute to such general Proviso. rate: provided always, that where several persons shall join in the commission

of the same offence, and shall, upon conviction thereof, each he adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed

to be applied. If a person

XXXIII. And be it enacted, That in every case of a summary conviction summarily under this act, where the sum which shall be forfeited for the amount of the convicted injury done, or which shall be imposed as a penalty by the justice, shall not shall not pay, be paid, either immediately after the conviction, or within such period as the &c. the justice justice shall, at the time of the conviction, appoint, it shall be lawful for the may commit convicting justice (unless where otherwise specially directed) to comunit the

offender to the common gaol or house of correction, there to be imprisoned

only, or to be imprisoned and kept to hard labour, according to the discretion Scale of im of the justice, for any term not exceeding two calendar months, where the prisonment. amount of the sum forfeited, or of the penalty imposed, or of both (as the

him.

case may be), together with the costs, shall not exceed five pounds; and for any term not exceeding four calendar months, where the amount, with costs, shall not exceed ten pounds; and for any term not exceeding six calendar months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.

XXXIV. Provided always, and be it enacted, That where any person shall The justice be summarily convicted before a justice of the peace of any offence against may discharge this act, and it shall be a first conviction, it shall be lawful for the justice, if the offender in he shall so think fit, to discharge the offender from his conviction, upon his certain cases. making such satisfaction to the party aggrieveil, for damages and costs, or either of them, as shall be ascertained by the justice.

XXXV. And be it enacted, That it shall be lawful for the King's Majesty to Pardon for extend his royal mercy to any person imprisoned by virtue of this act, al- non-payment though he shall be imprisoned for non-payment of money to some party other of money. than the crown.

XXXVI. And be it enacted, That in case any person convicted of any of- A summary fence punishable upon summary conviction by virtue of this act shall have paid conviction the sain adjudged to be paid, together with costs, under such conviction, or shall be a bar shall have received a remission thereof from the crown, or shall have suffered to any other the imprisonment awarded for non-payment thereof, or the imprisonment ad- proceeding for judged in the first instance, or shall have been discharged from his conviction the same in the manner aforesaid, in every such case he shall be released from all fur

cause, ther or other proceedings for the same cause.

XXXVII. And be it enacted, That the justice before whom any person shall Form of conbe convicted of any offence against this act may cause the conviction to be viction. drawn up in the following form of words to the same effect, as the case shall require; videlicet

at

• Be it remembered, That on the

day of

in * the year of our Lord

in the county of (or riding, division, liberty, city, &c., as the case may be], * A. O. is convicted before me J. P. one of his Majesty's justices of the peace ' for the said county (or riding, &c.], for that he said A. O. did [specify the 'offence, and the time and place when and where the same was cominiited, as

the case may be; and on a second conviction, state the first conviction); and
I the said J. P. adjudge the said A. O. for his said offence to be imprisoned
in the
- [or to be imprisoned in the

and • there kept to hard labour] for the space of

[or, I adjudge the said A. O. for bis said offence to forfeit and pay

[here • state the penalty actually imposed, or state the penalty and also the amount • of the injury done, as the case may be be], and also to pay the sum of

for costs, and in default of immediate payment of the said • sums, to be imprisoned in the

[or to be imprisoned in * the

and there kept to hard labour] for the space of

unless the said sums shall be sooner paid ; [or, and I order * that the said sums shall be paid by the said A.O. on or before the • day of

l; and I direct that the said suin of • fi.e. the penalty only 7 shall be paid to * aforesaid, in which the said offence was committed, to be by him applied * according to the directions of the statute in that case made and provided ; • [or that the said sum of

[i. e. the penalty] shall be paid to, . c. as before, and that the said sum

[i. e. the sum for the amount of the injury done] shall be paid to C. D. the party aggrieved, • unless he is unknown or has been examined in proof of the offence, in which • case state that fact, and dispose of the whole like the penalty, as before); .and I order, that the said sum of

for costs shall be paid to (the complainant). Given under my hand and seal, the * day and year first above mentioned

XXXVIII. And be it enacted, That in all cases where the sum adjudged to Appeal. be paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one justice only, any person, who shall think himself aggrieved by any such conviction, may appeal to the next Court of General or Quarter Sessions, which shall be holden not less than twelve days after the day of such

Sessions.

conviction, for the county, riding, or division wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause aud matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter · into a recognizance with two sufficient sureties before a justice of the peace, conditioned personally to appear at the said sessions and to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded ; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody; and the Court at such sessions shall bear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary,

issue process for enforcing such judgment. No certiorari, XXXIX. And be it enacted, That no such conviction, or adjudication made &c.

on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be

a good and valid conviction to sustain the same. Convictions XL. And be it enacted, That every justice of the peace, before whom any to be returned

returned person shall be convicted of any offence against this act, shall transmit the conto the Quarter

cer viction to the next Court of General or Quarter Sessions which shall be holden

in

for the county or place wherein the offence shall have been cominitted, there How far evi

to be kept by the proper officer among the records of the court; and upon dence in fu

any indictment or information against any person for a subsequent offence, a · ture cases,

copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed

against until the contrary be shewn. Venue, in pro- XLI. And, for the protection of persons acting in the execution of this act, ceedings be it enacted, that all actions and prosecutions to be commenced against any against per person for any thing done in pursuance of this act shall be laid and tried in the sons acting county where the fact was committed, and shall be commenced within six caunder this act. land

act. lendar months after the fact committed, and not otherwise ; and notice in Notice of ac

writing of such action, and of the cause thereof, shall be given to the defend

citi tion,

ant one calendar month at least before the commencement of the action; and General is

in any such action the defendant may plead the general issue, and give this sue, &c.

act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court, after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict

obtained thereupon. Not to extend XLII, Provided always, and be it enacted, that nothing in this act contained to Scotland or shall extend to Scotland or Ireland. Ireland.

XLIII. And be it enacted, that where any felony or misdemeanor punishable To extend to under this act shall be committed within the jurisdiction of the Admiralty of offences com- England, the same shall be dealt with, inquired of, tried, and determined in mitted at sea. the same manner as any other felony or misdemeanor committed withio that

jurisdiction.

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