TREES, SHRUBS, &c. The 35 Hen. 8, c. 17; 37 Hen. 8, c. 6; 13 Eliz. c. 25, s. 3, 18, 19; 15 Car. 2, c. 2; c. 16; 9 Geo. 1, c. 22; 1 Geo. 1, st. 2, c. 48; 6 Geo. 1, 29 Geo. 2, c. 36, s. 6, 7, 8 & 9; 4 Geo. 3, c. 31; 6 Geo. 3, c. 36; id. c. 48; 9 Geo. 3, 13 Geo. 3, c. 33; 45 Geo. 3, c. 66, repealed by 7 & 8 Geo. 4, c. 27. c. 41; LARCENY ACT. 7 & 8 Geo. 4, c. 29. Trees, Shrubs,&c. 7 & 8 G. 4, c. 29. any Sect. XXXVIII. And be it enacted, That if any person Stealing trees, shall steal, or shall cut, break, root up or otherwise destroy shrubs, &c. or damage with intent to steal, the whole or any part of growing in certree, sapling or shrub, or any underwood, respectively growing shall be felony, in any park, pleasure ground, garden, orchard or avenue, or in if the value exany ground adjoining or belonging to any dwelling-house, ceeds 1 l. every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of £.1.) shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and if any person shall steal, or Stealing trees, shall cut, break, root up, or otherwise destroy or damage with shrubs, &c. intent to steal, the whole or any part of any tree, sapling or growing elsewhere, shall be shrub, or any underwood, respectively growing elsewhere than felony, if the vain any of the situations hereinbefore mentioned, every such lue exceeds 57. offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of £.5.) shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. wheresoever Sect. XXXIX. And be it enacted, That if any person shall Stealing trees, steal, or shall cut, break, root up or otherwise destroy or shrubs, &c. damage with intent to steal, the whole or any part of any tree, growing, and of sapling or shrub, or any underwood, wheresoever the same any value above may be respectively growing, the stealing of such article or 1s., punishable on summary articles, or the injury done, being to the amount of a shilling Trees, Shrubs,&c. at the least, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay, 7&8 G. 4, c. 29. over and above the value of the article or articles stolen, or conviction for the amount of the injury done, such sum of money, not exfirst and second ceeding £.5. as to the justice shall seem meet; and if any offence; third person so convicted shall afterwards be guilty of any of the offence, felony. said offences, and shall be convicted thereof in like manner, every such offender shall for such second offence be committed 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 second 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; 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 be punished in the same manner as in the case of simple larceny. 7 & 8 G.4, c.30. Destroying or damaging trees, shrubs, &c. growing in certain situations, shall be felony, if the value ex ceeds 11. The like to trees, shrubs, &c. growing MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XIX. And be it enacted, That if any person shall unlawfully and maliciously cut, break, bark, root up or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood respectively growing in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling house, every such offender (in case the amount of the injury done shall exceed the sum of £.1.) shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit,) in addition to such imprisonment; and if any person shall unlawfully and maliciously cut, break, bark, root up or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood, respectively growing elsewhere Trees, Shrubs,&c. than in any of the situations herein before mentioned, every such offender (in case the amount of the injury done shall 7 & 8 G.4, c. 30. exceed the sum of £.5.) shall be guilty of felony, and, being elsewhere, shall convicted thereof, shall be liable to any of the punishments be felony, if the which the court may award for the felony hereinbefore last value exceeds mentioned. 51. on summary conviction for Sect. XX. And be it enacted, That if any person shall Destroying or unlawfully and maliciously cut, break, bark, root up or other- damaging trees, shrubs, &c. wise destroy or damage the whole or any part of any tree, wheresoever sapling or shrub, or any underwood, wheresoever the same growing, and of may be respectively growing, the injury done being to the any value above amount of 1s. at the least, every such offender, being con- 1s., punishable victed before a justice of the peace, shall for the first offence forfeit and pay, over and above the amount of the injury done, first and second such sum of money, not exceeding £.5, as to the justice offence; third shall seem meet; and if any person so convicted shall after- offence, felony. wards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall for such second offence be committed 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 second 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; 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. Note.-Six classes of offences are mentioned here, together with their punishments: I. The stealing or intending to steal trees, &c. growing in a park, &c. where the damage done, or the value of the article or articles stolen, exceeds £.1; and this is declared to be a larceny. Trees, Shrubs,&c. 7 & 8 G. 4, c. 30. II. The maliciously cutting, &c. such trees, &c. in the same places, where the damage done exceeds £.1; and this offence is subjected to the pains and punishments of a simple felony. III. The stealing or intending to steal trees, &c. growing elsewhere than in the places above mentioned, beyond the value of £.5, or doing damage to that amount; which is made a simple larceny. IV. Damaging trees under the like circumstances, to an amount exceeding £.5, which is made a simple felony. V. The stealing or intending to steal trees, &c. any where, to the amount of 1 s.; the punishment for this, upon the first offence, is the payment of a sum not beyond £.5. over and above the value of the trees, &c. on conviction before a justice; upon the second, commitment to the common gaol or house of correction, for a term not exceeding twelve calendar months, and whipping, at the discretion of two justices, if the conviction shall take place before two; upon a third, the party is made subject to the penalties of larceny. VI. The like punishments are awarded against a perso maliciously damaging trees, &c. to the amount of 1s. It is not necessary to set out the various differences which are observable between the old and the new enactments, the distinctions between daily and nightly excursions has been abolished, and it is gratifying to record the repeal of the capital punishment which was prescribed by the Black Act against offenders who should maliciously cut down ornamental and other timber in avenues, gardens &c. Indictment for stealing Trees, &c. above the value of £.1, in a Park, &c. 11 Hertfordshire, The jurors for our lord the King upon their * Material. + It must be a sum above twenty shillings. Second Count: For a larceny of the tree only, laying the Trees, Shrubs, value to exceed five pounds; and the same count may be adopted for stealing trees elsewhere than in parks, &c. stating the value of the tree stolen to be exceeding five pounds. Evidence. It must appear that the tree stolen was growing in B.'s garden, and that the garden was situate as described in the indictment, and then that the prisoner stole it. The value of the tree stolen must also be shown to have exceeded one pound. Indictment for damaging Trees, with intent to steal them. Hertfordshire, The jurors, &c. [same as above, to the ¶] to wit. Jdid [cut] [break] [root up] [destroy] [damage] with intent the same then and there feloniously to steal, take and carry away, and was doing damage then and there to the said B., to a large amount, to wit, the amount of ten pounds,* against the form, &c. and against the peace, &c. Second Count: Stating the offence generally, without mentioning any particular place, and lay the damage to exceed five pounds. The same may be adopted where the damage has been done elsewhere than in a park, &c. only the damage must be stated to exceed five pounds. Evidence. The trees must be shown, as before, to have been growing in B.'s garden, and the damage done to have been above the value of five pounds. It must appear also, that the prisoner was the author of the damage, and that he intended to cominit a larceny. Indictment for a Third Offence of Stealing Trees, above th value of One Shilling. Hertfordshire, to wit. The jurors, &c. that A., late of, &c. on, &c. Jat, &c. was duly convicted, &c. [set out the first conviction and punishment]: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. * A sum above one pound. &c. 7&8 G. 4, c. 30. |
