180

Examiners are to be paid out of the county rate. Ibid.

s. 4.

If the majority of the inhabitants of a parish are desirous, that any persons should be specially appointed to be examiners, they may in vestry nominate, them for the approbation of the justices in petty sessions. 37 G. 3. c. 143. s. 4.

But the inhabitants must procure standard weights, before such appointment can be made, and the expense of which is to be paid out of the poors' rate. Ibid. s. 5.

All powers in the act 35 G. 3. c. 102. (except such as are repealed by this act) to continue unaltered. Ibid. s. 6.

Offenders are to be punished one way only. 35 G. 3. c.

102. s. 5.

The act does not extend to lessen the authority of persons, appointed examiners at courts leet. Ibid. s. 6.

Convictions are to be agreeable to the form set forth in this act. 37 G. 3. c. 143. s. 8.

Information to be laid within one month after the offence committed. 35 G. 3. c. 102. s. 8.

The justices in petty sessions may appoint examiners within their divisions. 55 G. 3. c. 48.

Such examiners may enter the houses, &c. of retailers in the day-time, as often as directed by the justices, and search for false measures, and if any are found to seize them, and produce them before the justices in petty sessions, P. forfeiture of the measures, to be broken, and for any false or deficient measure (not exceeding), 20s. nor less than 5s. with costs. 2 J. 1 W. on confession or view. R. distress, if no sufficient distress, commitment to the county gaol, or house of correction, for, (not exceeding) one month, unless the P. and costs are sooner paid. Ibid. s. 2.

Obstructing examiners, or not producing measure to be examined, P. (not exceeding) 5l. nor less than 40s. R. distress, &c. as above. 1 J. 1 W. Ibid. s. 3.

Justices are to apply all forfeitures under this act, towards the expences of carrying it into execution, and the residue to be paid to the treasurer of the county. Justices are to return an account of all forfeitures to the clerk of the peace, at any general or quarter-sessions. The justices at general or quarter-sessions, may allow reasonable recompence to the examiners, to be paid out of the county rate. Ibid. s. 5.

The said justices to purchase proper measures for the use of the county, which are to be deposited with the clerk of the peace, to be produced, when required by any person, such person giving reasonable notice in writing, and paying expenses of producing them. Ibid. s. 6.

The inhabitants of a parish in vestry, may nominate five or more householders to be examiners, to be approved by the justices in petty sessions. Before such nomination and appointment can be made, proper measures are to be procured by the inhabitants, the cost of which is to be paid out of the poor-rate. Ibid. s. 8.

The form of conviction is set out in the act. Ibid. s. 10. Persons convicted under this act are not otherwise punishable. Not to extend to lessen the power of bodies politic, or court leet. Prosecution to be within six weeks, and by information on oath.

WIFE.

MARRIED Woman can only enter into recognizance, on pain of imprisonment.

WOOD.

If any person shall steal, or shall cut, break, root up, or otherwise destroy or damage, with intent to steal, 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 value of article stolen, or amount of injury done, shall exceed 17.) shall be guilty of felony. 7 & 8. G. 4. c. 29. s. 38.

If any person shall steal, &c. (as above) of any tree, &c. growing elsewhere than in any of the situations herein before mentioned, (in case the value, &c. exceed 57.) shall be guilty of felony. Id. ibid.

If any person shall steal, &c. (as above) of any tree, &c. wheresoever the same may be respectively growing, the stealing or injury done being to amount of a shilling at the least, offender being convicted before justice, shall for first offence forfeit and pay, over value of article stolen, or amount of injury done, a sum not exceeding 5l.; second offence, commitment, and to be kept to hard labour for term not exceeding twelve months, and if second conviction before two justices, and the offender be a male, once or twice to be whipped in addition; and if person twice convicted shall afterwards offend, such offender guilty of felony. Id. s. 39.

If any person shall steal, cut, break, or throw down with intent to steal, any part of any live or dead fence, or any wooden post, pale or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively, 1 J. first offence, over and above value of article stolen, or amount of injury, P. not exceeding 5l.; subsequent offence, commitment and kept to hard labour, for term not exceeding twelve calendar months, and if subsequent conviction take place before two justices, they may order offender, if a male, to be once or twice whipped in addition. Id. s. 40.

If the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile or gate, or any part thereof, being of the value of 2s. at the least, shall by virtue of a search warrant be found in the possession of any person, or on the premises of any person with his knowledge, and such person

shall not satisfy the justice that he came lawfully by the same, he shall, on conviction, forfeit and pay, over value of article found, any sum not exceeding 2l. Id. s. 41.

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 amount of injury done exceed 17.) shall be guilty of felony; and if any person shall unlawfully, &c. cut, &c. the whole or any part of any tree, &c. growing elsewhere than in any of the situations before-mentioned, every offender (in case amount of injury done exceed 57.) shall be guilty of felony. 7 & 8 G. 4. c. 30. s. 19.

If any person shall unlawfully, &c. cut, &c. the whole or any part of any tree, &c. (as above) wheresoever the same may be respectively growing, the injury done being to amount of one shilling at the least, every such offender, upon conviction before a justice, shall for first offence, forfeit and pay, over and above amount of injury done, a sum not exceeding 57.; and if afterwards guilty, shall be committed to gaol and kept to hard labour, for not exceeding twelve months, and if second conviction before two justices, they may order offender, if a male, to be once or twice whipped. And if a person so twice convicted, shall after commit any of said offences, he shall be deemed guilty of felony. Id. s. 20.

WRECK.

SHERIFFS, justices, peace-officers, &c. on application on behalf of any commander of a ship, that she is in danger of being stranded, shall summon as many men as may be necessary for assistance. 26 G. 2. c. 19. s. 9. 10.

And in case of any necessity any justice, in absence of the sheriff, may take power of the county sufficient to repress violence. 26 G. 2. c. 19. s. 12.

All persons so assembled shall obey first the commander or officers of the ship; then any officers of excise; then the sheriff or his deputy; then a justice; then the chief magistrate of any corporation; then the coroner; then the commissioners of the land-tax; then the high-constable; then the petty constable or other peace-officer. Acting contrary to such orders, P. 5l. and in default, commitment for not above three months. Ibid. s. 23.

If any justice, sheriff, &c. or other person legally authorized by them, are assaulted in the exercise of their duty, P. transportation for seven years. Ibid. s. 11.

Persons not legally authorized, going on board such vessel without leave of the commander, or molesting or hindering the saving of the goods, or defacing marks, or damaging goods, P. double satisfaction within twenty days, at the discretion of two justices; and in default, commitment to hard labour for twelve months. 12 An. st. 2. c. 18. s. 3.

Quantum of the reward to be paid to those who assist in saving the ship, to be assessed by three neighbouring justices; to be nominated by the commander, the owner, a merchant, and the officer of the customs. 12 An. st. 2.

c. 18. s. 2.

And if no person appear, the chief officer of the customs of the nearest port shall, in like manner, apply to three neighbouring justices, who shall put him in possession, taking an account of the goods, signed by the officer; and if the goods are not claimed in twelve months, they shall be sold publicly (but if perishable, immediately ;) and after deducting charges, the residue shall be paid into the exchequer for the benefit of the owner. Ibid.

If any person shall plunder or steal any part of any ship or vessel which shall be in distress, or wrecked, stranded, or