erected by Act of Parliament for making Rivers navigable, No. XXXIX. and for other Purposes therein mentioned. WHEREAS an Act of Parliament passed in the first year of his present Majesty's reign, For punishing such Persons as should wilfully and 8 Geo. II. c. 20. maliciously pull down or destroy Turnpikes for repairing Highways, or 1 Geo. II. c.19. Locks, or other Works erected by authority of Parliament for making 'Rivers navigable; and in the fifth year of his present Majestys reign, 5 Geo. II. c.33., another Act passed to explain, amend, and render more effectual the said Act: And whereas the provisions made by the said Acts for punishing 'such offenders, have by experience been found to be insufficient:' Now for rendering the said Acts more effectual, 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 if any person or persons whatso- Persons maliever, after the fifteenth day of May in the year of our Lord one thousand ciously deseven hundred and thirty-five, shall, either by day or night, wilfully or stroying turnmaliciously pull down, pluck up, throw down, level, or otherwise destroy pikes, &c. any turnpike gate or turnpike gates, or any post or posts, rail or rails, wall or walls, or any chain, bar, or other fence or fences belonging to any such turnpike-gate or turnpike gates, or any other chain, bar, or fence of any kind whatsoever, set up or erected or hereafter to be set up or erected, to - prevent passengers from passing by without paying any toll, laid and directed to be paid by any Act or Acts of Parliament already made, or hereafter to be made, for that purpose, or any house or houses erected or to be erected for the use of any such turnpike-gate or turnpike gates, or any other fence or fences, or any lock, sluice, flood-gate, or other works on any navigable river erected, or to be erected by authority of Parliament; or forcibly rescue any person or persons being lawfully in custody of any officer or other person, for any of the offences before-mentioned; that then and in any of the said cases, 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. Locks or sluices erected by Parliament, or rescuing persons in custody for such offences, to suffer death. prisonment on A month's im II. And be it further enacted, That if any person or persons after the said fifteenth day of May, shall wilfully and maliciously draw or pluck up any flood-gate or flood-gates, fixed or made in any wear or wears, lock or malicious locks, erected or made, or hereafter to be erected or made, by authority drawing up of Parliament, in or upon any navigable river for preserving the navigation flood-gates, thereof; all and every such person or persons so offending, being thereof &c. lawfully convicted upon the oath of one or more credible witness or witnesses, before two or more justice or justices of the peace for the county, riding or division where any such offence or offences shall be committed, or of the adjacent county, riding or division, shall be sent to the house of correction, there to continue and be kept to hard labour for the space of one month. III. And for the better and more impartial trial of any indictment which shall be found, commenced and prosecuted, for the offences committed against this Act, be it enacted by the authority aforesaid, That every Offences may offence aforesaid that shall be done or committed contrary to this Act, shall be tried in any and may be enquired of, examined, tried and determined in any adjacent adjacent county within that part of the kingdom of Great Britain called England, in such manner and form as if the fact had been therein committed. IV. Provided that no attainder for any of the offences made felony by virtue of this Act shall make or work corruption of blood, loss of dower, or forfeiture of lands or tenements, goods or chattels. any per county. Attainder on this Act not to work corruption of blood, &c. V. And be it further enacted by the authority aforesaid, That if son or persons shall, at any time after the said fifteenth day of May in the year of our Lord one thousand seven hundred and thirty-five, commit any of Persons discothe offences declared to be felony by this Act, and being out of prison, vering and shall discover and apprehend, or cause to be discovered and apprehended, others guilty convicting one or more person or persons who shall commit any such offence or of the said offences declared to be felony as aforesaid, so as he, she, or they shall be felonies shall thereof lawfully convicted, every such person or persons, on conviction of be pardoned. No. XXXIX. 8 Geo. II. c. 20. The hundred to answer the damages. the offender or offenders so to be apprehended, shall have, and is hereby entitled to his Majesty's most gracious pardon for the felonies aforesaid, which he, she, or they shall have committed, at any time or times before such discovery made, which pardon shall be likewise a good bar to any appeal brought or to be brought for any such felony. VI. And be it further enacted by the authority aforesaid, That from and after the said fifteenth day of May, the inhabitants of every hundred in that part of the kingdom of Great Britain called England, within which such offence or offences shall be committed, by pulling down and destroying any turnpike gate or gates, or any post or posts, rail or rails, wall or walls, belonging to any turnpike gate or gates, or any chain, bar or fence, or any house or houses set up or erected, or to be set up or erected, for the use or service of collecting the tolls, at any place appointed by the commissioners, or any five or more of them, acting under any Act or Acts of Parliament enabling them to act as commissioners for amending any road or roads, highway or highways, or any lock, sluice or flood-gate, or any works erected or to be erected by authority of parliament, upon any navigable river, for preserving or securing the navigation thereof, shall make How to be re- full satisfaction for the damages that shall be thereby suffered; and that covered, the said damages shall and may be recovered by action of debt, bill, plaint or information, in any of his Majesty's Courts of Record at Westminster, by and in the name of the clerk of the peace of the county for the time being, wherein such offence or offences shall be committed, without naming the christian name or surname of the clerk of the peace; and the said damages so to be recovered, shall be to the only use and behoof of the trustees, commissioners, proprietors or undertakers of any turnpike or navigable river, to be by them applied and disposed of to the several uses and purposes, and in such manner as the several tolls, rates and duties, by virtue of any Act or Acts of Parliament made or to be made, are or shall be applied and disposed of; the sum to be recovered against the inhabitants of such hundred as shall by this Act be made liable to answer all or part thereof, not exceeding, for any offence, the sum of twenty pounds; and all and every the inhabitants of such hundred shall be rateably and proportionably taxed for and towards an equal contribution for the relief of such inhabitant or inhabitants, against whom execution for such damages shall be had and levied, which tax shall be levied and raised by such ways and means, and in such manner and form as is prescribed and mentioned for the levying and raising damages recovered against the inhabitants of hundreds in cases of robberies, in and by an Act, intituled, An Act for the following Hue and Cry, made in the twenty-seventh year of the reign of Queen Elizabeth. and applied. The said damages not to exceed 201. for one offence. ants to be rate- On conviction of one or more offenders in 12 months, the hundred or inhabitants to be repaid out of the tolls. Actions com. menced by a clerk of the peace not to VII. Provided always, and be it further enacted by the authority aforesaid, That where any offence shall be committed against this Act, and any one or more of the said offenders shall be apprehended and lawfully convicted of such offence within twelve months next after such offence shall be committed, any hundred or inhabitants thereof, subject or liable to make any satisfaction for the damages that shall be sustained by any of the offences aforesaid, and who shall have made such satisfaction, shall, upon such conviction of any one or more of the said offenders, within the time aforesaid, be repaid the sums they have paid for such satisfaction out of the tolls of the turnpike which shall so be pulled down; any thing herein contained to the contrary notwithstanding. VIII. And be it further enacted by the authority aforesaid, That if any clerk of the peace of or in any county within that part of Great Britain called England, shall at any time hereafter commence or prefer any such action, bill, plaint or information, and shall, after the same so sued, combe discontinu- menced or preferred, happen to die, or be removed out of his office before ed on his death. recovery and execution had, that no such action, bill, plaint or information, sued, commenced or preferred, shall by such displacing or death be abated or discontinued; but it shall and may be lawful to and for the clerk of the peace next succeeding in the said county, to prosecute, pursue and follow all and every such action, bill, plaint or information, so depending for such damages as shall be sustained by any such offence or offences as aforesaid, in such manner and form, to all intents and purposes, as the No. XXXIX. clerk of the peace might have done, who first preferred the said action, bill, plaint or information. 8 Geo. II. c. 20. IX. Provided nevertheless, That no action of debt, bill, plaint or information, shall be had, sued or prosecuted, to recover any damages by virtue of this Act, unless information upon oath shall be made thereof within six days No action for before some justice of the peace of the county, liberty or division where recovering da such offence or offences shall be committed, inhabiting within the said mages, unless hundred, or near the same. information X. Provided also, That no action of debt, bill, plaint or information, made within shall be had, sued or prosecuted, to recover any damages to be sustained 6 days, and the suit by reason of any offence or offences to be committed contrary to this Act, commenced in against any inhabitant of any hundred where such offence or offences shall 6 months after be committed, except such action or suit shall be commenced within six the offence months next after such offence shall be committed (1). (1) The subsequent sections are repealed by the general Turnpike Act, 13 Geo. III. c. 84. [No. XL.] 10 George II. c. 32.-An Act for continuing An Act for the more effectual punishing wicked and evildisposed Persons, going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; and for continuing two Clauses to prevent the cutting or breaking down the Bank of any River, or Sea-Bank; and to prevent the malicious cutting of Hop-binds, contained in an Act passed in the sixth Year of his present Majesty's Reign; and for the more effectual Punishment of Persons removing any Materials used for securing Marsh or Sea-Walls, or Banks, and of Persons maliciously setting on Fire any Mine, Pit or Delph of Coal, or Cannel Coal, and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding Keepers, or other Officers, in Forests, Chases, or Parks; and for more effectually securing the Breed of Wildfowl. [I. Preamble, reciting the Acts, 9 Geo. I. c. 22. 12 Geo. I. c. 30. 6 Geo. II. c. 37. 13 and 14 Car. 2. c. 22, continued.] 3. No. XL. 10 Geo. II. c. 32. [II. III. Clauses in the Act 6 Geo. II. c. 37. § 5. continued.] IV. AND be it further enacted by the authority aforesaid, That all the provisions made in the before mentioned Act of the ninth year of the reign of his late Majesty King George the First, for the more speedy and easy bringing the offenders against the said Act to justice, and the persons who shall conceal, aid, abet, or succour such offenders, and for making satisfaction and amends to all and every the person and persons, Provisions of their executors and administrators, for the damages they shall have sus- 9 Geo. I. c. 22. tained or suffered by any offender or offenders against the said Act, and in force, in case for the encouragement of persons to apprehend and secure such offender of offence and offenders, and for the better and more impartial trial of any indictment against this or information which shall be found, commenced or prosecuted for any of Act. the offences committed against the said Act, together with all restrictions, limitations and mitigations by the said Act directed, shall, during the continuance of the said Act extend to and be of force and effect in all cases of offences committed by unlawfully and maliciously breaking down or cutting down the bank or banks of any river, or any sea-bank, whereby any lands shall be overflowed or damaged, or by unlawfully and maliciously No. XL. cutting any hop-binds growing on poles in any plantation of hops, or by 10 Geo. II. wilfully and maliciously setting. on fire, or causing to be set on fire, any mine, pit, or delph of coal, or cannel coal. 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 purchase or car riage of corn, [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 thirty-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 during 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.] Inserted Pt. VI. Cl. IV. [No. XLI.] 11 Geo. II. c. 22.-An Act for punishing such Persons as shall do Injuries and Violences to the Persons or Properties of his Majesty's subjects, with Intent to hinder the Exportation of Corn. WHEREAS many disorderly and evil-minded persons have of late frequently 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 Parliament 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 high way, 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. 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