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Trees, Shrubs,&c. II. The maliciously cutting, &c. such trees, &c. in the
same places, where the damage done exceeds £.1; and this 7 & 8 G.4, c. 30. felony.
offence is subjected to the pains and punishments of a simple
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. Hertfordshire, 1 The jurors for our lord the King upon their
to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c. with force and arms, at the parish aforesaid, * in the county aforesaid, one [- - tree] of the value of ten pounds,t the property of one B. in a certain [garden) of and belonging to the said B., situate in the parish aforesaid, in the county aforesaid, in the said garden then and there growing, feloniously s from the said garden then and there feloniously did steal, take and carry away, against the form of the statute, &c. and against the peace, &c.
Second Count : For a larceny of the tree only, laying the Trees, Shrubs, .value to exceed five pounds; and the same count may be &c. adopted for stealing trees elsewhere than in parks, &c. stating the value of the tree stolen to be exceeding five pounds. 7&86. , c. 30.
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,1,The jurors, &c. (same as above, to the ] to wit.
Sdid (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, The jurors, &c. that A., late of, &c. on, &c.
to wit. Jat, &c. was duly convicted, &c. [set out the first conviction and punishment] : And the jurors aforesaid, upon their oath aforesaid, do further sent, that the said A.
* A sum above one pound.
Trees, Shrubs, afterwards, and after the said conviction, to wit, on, &c. at, &c.
&c. was duly convicted, &c. (set out the second conviction and
punishment] : And the jurors aforesaid, upon their oath afore7&8G.4,c.30.
said, do further present, that the said A,, late of, &c. afterwards and after the said last mentioned conviction, to wit, on, &c. at, &c. one tree, of the value &c. * of and belonging to one B., then and there growing, feloniously did steal, take and carry away, against the form, &c. and against the peace, &c.
Evidence. The evidence here consists in proving the convictions, either by the hand of the clerk of the peace, or by examined copies. The larceny of the other tree must be then proved in the usual way.
Indictment for Malicious Damage to Trees, under the Malicious
to wit. Joath present, that A., late of the parish of-
Second Count : Stating the offence generally, without al. leging it to have been done in any particular place, and being elsewhere than in a park; lay the damage at five pounds.
Evidence. Here again you show that the trees were growing in B.'s garden, situate in the parish as laid, and that damage exceeding one pound was done to B.'s trees. You must then show that the prisoner maliciously perpetrated the damage laid to his charge by the indictment.
Indictment for Malicious Damage to Trees, &c. where the Injury Trees, Shrubs, done exceeds One Shilling, the Third Offence.
&c. Hertfordshire, Sat, &c. was duly convicted, &c. [state the first 7 & 8 G.4,c. 30.
The jurors, &c. that A., late of, &c. on, &c. to wit. and second convictions, and punishments]: And the jurors aforesaid, upon their oath aforesaid, do further present, that that the said A., late of, &c. afterwards, and after the said last mentioned conviction, to wit, on, &c. at, &c.* one [tree] the property of one B., then and there growing, felo. niously, unlawfully and maliciously did [cut] [break, &c.] doing damage then and there to the said B. to the value of five shillings,t against the form of the statute, &c. and against the peace, &c.
Evidence. The evidence req in this case is to prove the convictions, as mentioned before, and then to prove the third offence of malicious damage in the ordinary way.
In Cases of Murder or Manslaughter. 3 Hen. 7, c. 14; 33 Hen. 8, c. 23, repealed by 9 Geo. 4, c. 31. LORD LANSDOWNE's Act.
9 Geo. 4,c.31. 9 Geo. 4, c. 31.
British subjects Sect. VII. And be it enacted, That if any of his Majesty's may be tried in subjects shall be charged in England with any murder or England for
murder or manmanslaughter, or with being accessory before the fact to any
slaughter, commurder, or after the fact to any murder or manslaughter, the mitted abroad. same being respectively committed on land out of the united kingdom, whether within the King's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the
+ Above one shilling.
same had been committed within the limits of his ordinary
jurisdiction ; and if any person so charged shall be committed 7 Geo. 4, c. 31. for trial, or admitted to bail to answer such charge, a com
mission of oyer and terminer under the Great Seal shall be directed to such persons, and into such county or place as shall be appointed by the Lord Chancellor, or Lord Keeper or Lords Commissioners of the Great Seal, for the speedy trial of any such offender; and such persons shall have full power to enquire of, hear and determine all such offences within the county or place limited in their commission, by such good and lawful men of the said county or place as shall be returned before them for that purpose, in the same manner
as if the offences had been actually committed in the said Proviso.
county or place : Provided always, that if any peers of the realm, or persons entitled to the privilege of peerage, shall be indicted of any such offences, by virtue of any commission to be granted as aforesaid, they shall be tried by their peers
in the manner heretofore used ; provided also, that nothing herein contained shall prevent any person from being tried in any place out of this kingdom for any murder or manslaughter committed out of this kingdom, in the same manner as such
person might have been tried before the passing of this Act. Provision for
Sect. VIII. And be it enacted, That where any person, the trial of mur- being feloniously stricken, poisoned, or otherwise hurt upon der and man
the sea, or at any place out of England, shall die of such slaughter, where the death, or the stroke, poisoning or hurt in England, or being feloniously cause of death stricken, poisoned, or otherwise hurt at any place in England, only, happens in shall die of such stroke, poisoning or hurt upon the sea, or England.
at any place out of England, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, enquired of, tried, determined and punished in the county or place in England in which such death, stroke, poisoning or hurt shall happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or lace.