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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 impede any Person endeavouring to save his Life from such Ship or Preventing any

Tessel, (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.

nals.

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, &c. whereby any Lands shall be overflowed or damaged, or shall be

or Works on

Rivers or Ca. in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any Lock, Sluice, Floodgate, 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 na- 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 Imprisonnient. - XIV. And be it enacted, That if any Person shall unlawfully Turnpike Gate, and maliciously throwdown, 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 Act or 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. Vođ. IV,

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or Mill Dam.

Cattle.

The Dam of a XV. And he it enacted, That if any person shall unlawfully Fishery, 8c. and maliciously break down or otherwise destroy the Dam of any

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 iso 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 or 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 con, 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 Cattle, 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 80 think fit), in addition to such Imprisonment. Setting fire to XVII. And be it enacted, That if any Person shall unlawfully a Stack of

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 or to Crops,

Felony, and, being convicted thereof, shall suffer Death as a Plantations,

Felon;

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

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, twice, orathrice publicly or privately whipped (if the Court shall so think fit ), in addition to such Imprisonment. Lestroying 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 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.

Destroying or
dumaging
Trees, Shrubs,
&c. in Purks
und prirate
Grounds.

XIX. And be it enacted, That if any Person sball 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

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 bé imprisoned for any Term not exceeding Two Years; and, if a Male, to be once, twice, or thrice publiely 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 šl. 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.

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,

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 which the Court may award for the Felony herein-before last mentioned.

or any

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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 Veany Plant, Root, Fruit, or Vegetable Production, growing in any

getable ProGarden, Orchard, Nursery Ground, Hothouse, Greenhouse, or

duction in Conservatory, every such Offender, being convicted thereof

Gardens, &c. 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 Root 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 growing 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 ima 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, &c.

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 Cora 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 Soerer.

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

private Nature, for which no Remedy or Punishment is bereinbefore 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 shall, 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 søch 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 com, mit 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, fishbeing wilful and malicious, committed in hunting, fishing, or in ing, or purthe 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.

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gree, and Ac.

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 Deand every Accessory before the fact, shall be punishable with * 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 i 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 imprisoned, or to be impri- hard Labour or soned and kept to hard Labour, in the Common Gaol or House of solitary ConCorrection, 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 seem meet.

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this Act, may

XXVIII. And, for the more effectual Apprehension of all Persons found Offenders against this Act, be it enacted, That any Person found committing committing any Offence against this Act, whether the same be fence against punishable upon Indictment or upon summary Conviction, may be immediately apprehended, without a Warrant, by any Peace

be apprehended

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

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rant.

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