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which shall be in Distress, or wrecked, stranded, or cast on wrecked Vessel Shore, or any Goods, Merchandize, or Articles of any kind be- or Cargo, &c. longing to such Ship or Vessel, or shall by Force prevent or inpede any Person endeavouring to save his Life from such Ship or Preventing any Vessel, ( whether he shall be on board or shall have quitted the Person from same ) every such Offender shall be guilty of Felony, and, being saving his Life. convicted thereof, shall suffer Death as a Felon.

XII. And be it enacted, That if any person shall unlawfully Cutting or and maliciously break down or cut down any Sea Bank or Sea breaking down Wall, or the Bank or Wall of any River, Canal, or Marsh, Sea Bank, 8c. wbereby any Lands shall be overflowed or damaged, or shall be or Works on in danger of being so, or shall unlawfully and maliciously throw Rivers or Çaa. down, level, or otherwise destroy any Lock, Sluice, Floodgate, nals. or other Work on any navigable River or Canal, every such Offender 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 Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four 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 Removing Se. maliciously cut off, draw up, or remove any Piles, Chalk, or curities of Sca other Materials fixed in the Ground and used for securing any Bank, &c. or. Sea Bank or Sea Wall or the Bank or Wall of any River, Canal, injuring Nuvis or Marsh, or shall unlawfully and maliciously open or draw up gation of any any Floodgate, or do any other Injury or Mischief to any ma- River or Cunal, vigable River or Canal, with Intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the Navigation thereof, every such Offender 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 Inprisonment.

XIII. And be'it enacted, That if any Person shall unlawfully Injuring a and maliciously pull down or in anywise destroy any public Bridge, public Bridge, or do any Injury with Intent and so as thereby to render such Bridge or any part thereof dangerous or impassable, every such Offender 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 Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four 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.

· XIV. And be it enacted, That if any person shall unlawfully Turnpike Gate, and maliciously throw down, level, or otherwise destroy, in Toll House, $c. whole or in part, any Turnpike Gate, or any Wall, Chain, Rail, Post, Bar, or other Fence belonging to any Turnpike Gate, or set up or erected to prevent Passengers passing by without paying any Toll directed to be paid by any Actor Acts or Parliament relating thereto, or any House, Building, or Weighing Engine erected for the better Collection, Ascertainment, or Security of any such Toll, every such Offender shall be guilty of a Misdemeanor, and, being convicted thereof, shall be punished accordingly. Vou. IV.

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The Dam of a XV. And be it enacted, That if any person shall unlawfully Fishery, &c. and maliciously break down or otherwise destroy the Dam of any or Mill Dam. Fishpond, or of any Water which shall be private Property, or

in which there shall be any private Right of Fishery, with Intent thereby to take or destroy any of the Fish in such Pond or Water, or so as thereby to cause the Loss or Destruction of any of the Fish, or shall unlawfully: and maliciously put any Lime or other noxious Material in any such Pond on Water, with Intent thereby to destroy any of the Fish therein, or shall unlawfully and maliciously break down or otherwise destroy the Dam of any Millpond, every such Offender shall be guilty of a Misdemeanor, and, being cou. victed 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.

Killing or XVI. And be it enacted, That if any Person shall unlawfully maiming . and maliciously kill, maim, or wound any Catile, every such Cattle.

Offender 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 Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four Years; and, if a Male, to be once, twice, or thrice publicly or privately whipped (if the Court shall 80 think fit ), in addition to such Imprisonment. Setting fire to XVII. And be it enacted, That if any Person shall unlawfully

and maliciously set fire to any Stack of Corn, Grain, Pulse, Corn, Hay, $c. Straw, Hay, or Wood, every such Offender shall be guilty of r. to Crops, Felony, and, being convicted thereof, shall suffer Death as a

Felon; and if any Person shall unlawfully and maliciously set fire Heath, &c.

ore. to any Crop of Corn, Grain, or Pulse, whether standing or cut down, or to any part of a Wood, Coppice, or Plantation of Trees, or to any -Heath, Gorze, Furze, or Fern, wheresoever the same. may be growing, every such Offender 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, iwice, or thrice publicly or privately whipped (if the Court shall so think fit ), in addition to such Imprisonment. •

L-estroying

XVIII. And be it enacted, That if any Person shall unlawfully Hopbinds. and maliciously cut or otherwise destroy any Hopbinds growing

on Poles in any Plantation of Hops, every such Offender 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 Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceedjng Four 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 Im, prisonment. Destroying or XIX. And be ít enacted, That if any Person sball unlawfully dumaging and maliciously cut, break, bark, root up, or otherwise destroy Trees, Shrubs, or damage the Whole or any Part of any Tree, Sapling, or

Shrub, or any Underwood, respectively growing in any Park, und prirate

Pleasure Ground, Garden, Orchard, or Avenue, or in any Ground Grounds.

adjoining

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adjoining or belonging to any Dwelling House, every such Offender (in case the Amount of the Injury done shall exceed the Sum of One Pound) 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, of Shrub, or any Underwood, respectively grow Growing elseing elsewhere than in any of the Situations herein-before men- where, if Value tioned, every such Offender (in case the Amount of the Injury exceeds Bl. . done shall exceed the Sum of Five Pounds ) shall be 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.

of als be guilty of such Offender of Correctindar Months

XX. And be it enacted, That if any person shall unlawfully If Value abore and maliciously cut, break, bark, root up, or otherwise destroy or One Shilling. damage the Whole or any. Part of any Tree, Sapling, or Shrub, or any Underwood, wheresoever the same may be respectively growing, the Injury done being to the Amount of One Shilling at the least, every such Offender being convicted before a Justice of the Peace, shall for the First Offence forfeit and pay, over and above the Amount of the 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 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 wbich the Court may award for the Felony herein-before last mentioned.

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· XXI. And be it enacted, That if any person shall unlawfully Damaging, $c. and maliciously destroy, or damage with Intent to destroy, Fruit or Ve any Plant, Root, Fruit, or Vegetable Production, growing in any getable Pro. Garden, Orchard, Nursery Ground, Hothouse, Greenhouse, or duction in

: duction in Conservatory, every such Offender, being convicted thereof Gardens, ģc. 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 only, or to be imprisoned and kept to bard Labour, for any Term not exceeding Six Calendar Months, or else shall forfeit and pay, over and 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 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 herein-before last mentioned

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Damaging any XXII. And be it enacted, That if any person shall unlaw Rovt or Plant, fully and maliciously destroy, or damage with Intent to destroy, used for Food any cultivated Root or Plant used for the Food of Man or Beast, or Manufacture, or for Medicine, or for distilling, or for dyeing, or for or in the

in open Course of any Manufacture, and growing in any Land, open or or inclosed

inclosed, not being a Garden, Orchard, or Nursery Ground, Land.

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 only, or to be in prisoned and kept to hard Labour, for any Term not exceeding One Calendar Month, or else 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 default of Payment thereof, together with the Costs, if ordered, shall be committed as aforesaid for any Term not exceeding One Calendar Month, unless Payment be sooner made ; 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 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.

Damaging, 80. XXIII. And be it enacted, That if any Person shall unlawa any Fence, fully and maliciously cut, break, throw down, or in anywise Wall, Stile, or destroy any Fence of any Description whatsoever, or any Wall; Gate.

Stile, or Gate, or any part thereof respectively, every such Of

fender, being convicted before a Justice of the Peace, shall for First Offence. the First Offence forfeit and pay, over and above the Amount

of the Injury done, such Sum of Money, not exceeding Five .: Pounds, as to the Justice shall seem meet; and if any Person Second Offence. 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 committed to the Common Gaol or House of Cor rection, 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. Damaging any XXIV. And be it enacted, That if any Person shall wilfully Property what- or maliciously commit any Damage, Injury, or Spoil to or upon soever.

any Real or Personal Property whatsoever, either of a public or

private Nature, for which no Remedy or Punishmerit is herein before provided, every such Person, being convicted thereof before a Justice of the Peace, shall forfeit and pay such Sum of Money as shall appear to the Justice to be a reasonable Compensation for the Damage, Injury, or Spoil so committed, not exceeding the Sum of Five Pounds; which Sum of Money thall, in the Case of private Property, be paid to the Party aggrieved, except where such Party shall have been examined in proof of the Offence; and in such Case, or in the Case of Property of a public Nature, or wherein any

public

public Right is concerned, the Money shall be applied in such Manner as every Penalty imposed by a Justice of the Peace under this Act is herein-after directed to be applied; and if such Sum of Money, together with Costs (if ordered ), shall not be paid either immediately after the Conviction, or within such Period as the Justice shall at the Time of the Conviction 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 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, that nothing herein contained shall extend to any Case where the Party tres. Exception as to passing acted under a fair and reasonable Supposition that he had Trespass in a Right to do the Act complained of, nor to any Trespass, not hunting, fish-ip being wilful and malicious, committed in hunting, fishing, or in ing, or pura the Pursuit of Game, but that every such Trespass shall be suing Game... punishable in the same Manner as before the passing of this Act. ..

* XXV. And be it enacted, That every Punishment and For- Malice against feiture by this Act imposed on any Person maliciously committing Owners not esany Offence, whether the same be punishable upon Indictment sential to conor upon summary Conviction, shall equally apply and be enforced, stitute Offence, whether the Offence shall be committed from Malice conceived against the Owner of the Property in respect of which it shall be committed, or otherwise.

* XXVI. And be it enacted, That in the Case of every Felony Principals in punishable under this Act, every Principal in the Second Degree, the Second Doand every Accessory before the fact, shall be punishable with gree, und Ac. * Death or otherwise, in the same Manner as the Principal in the cessories in »

First Degree is by this Act punishable; and every Accessory after Felonies. . the Fact to any Felony punishable under this Act shall, on Conviction, be liable to be imprisoned for any Term not exceeding Two Years; and every Person who shall aid, abet, counsel, or . Abettors in , procure the Commission of any Misdemeanor punishable under Misdemeanors. this Act, shall be liable to be indicted and punished as a principal Offender..

. XXVII. And be it enacted, That where any Person shall be Court may, for *convicted of any indictable Offence punishable under this Act, indictable Of

for which Imprisonment may be awarded, it shall be lawful for the fences, order Court to sentence the Offender to be in prisoned, or to be in pri- hard Labour or soned and kept to hard Labour, in the Common Gaol or House of solitary Conte Correction, and also to direct that the Offender shall be kept in finement. solitary Continement for the Whole or any Portion or Portions. of such Imprisonment, or of such Imprisonment with hard Labour, as to the Court in its Discretion shall seen meet...

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. XXVIII. And, for the more effectual Apprehension of all Persons found · Offenders against this Act, be it enacted, That any Person found committing any Offence against this Act, whether the same be fence against punishable upon Indictment or upon summary Conviction, may

this Act, may be immediately apprehended, without a Warrant, by any Peace

o Warrant hy any peor be apprehended

without a War. Officer, or the owner of the Property injured, or his Servant, or " 'any Person authorized by him, and forthwith taken before some tan neighbouring Justice of the Peace, to be dealt with according to Law,

tant.

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