5$ APPENDIX. 



particular they are not in common law the fubjeft of larceny before they are fevered from the 

 ground. 



This confideration has occafioned the following flatutes to be pa-fled, for the protection of the. 

 occupier of lands as well as the landlord: 



1. Pulling down inclofuresJ] By.\-$ Ed., hft. i&amp;gt;. c. 46, where fometimes it- chance th that on* 

 having a right to improve, doth then levy a dyke or an hedge, and Jonie by night or at another feaj &quot;on ,. 

 when thcvj uppofe not to be ef pied, .do. over throw the hedge or dyke, and it cannot be known by verdict 

 ef the afiize or jury, who did overthrow the hedge or dyke r and men of the towns near, will not indi& 

 fuch as be guilty of the f aft; the towns near adjoining Jhall be di/lrained to levy the hedge or dyke at. 

 their own co/l, and to yield damages. 



And by 3 and 4 Ed. 1. c. ^ fuch perfon asJJiall bring an ujjize hereupon, and have judgment is 

 recover, J1i all have his damages trebled by the judgment of the court. 



2. Cutting growing corn, robbing of orchards or gardens, breaking hedges, pulling up fruit-tree s 9 ^ 

 srfpoiltng ivood grow rng. J By 43 Eliz. c. 7,. if any pcrfon (hall cut, or unlawfully take away 

 any corn growing, or rob any orchards or gardens, or break or cut any hedge, pales, rails, or= 

 tence, or dig, pull up, ; or take up, any. fruit-trees, to the intent to take the fame away, or (hall 

 cut or fpoil any woods or underwoods, poles or trees landing (the fame not being felony by the* 

 laws of this realm j^ every fuch perfon,. his procurers and receivers knowing the fame,, being 

 convidled by confcfilon, or one witnefs, before one juftice of peace,, mayor, or other head* 

 officer, where the offence (hall be committed,. or the party apprehended, fliall give fuch recom- 

 penfe for the damages as by fuch juftice (hall be appointed for the firft fault ; and if fuch 

 offenders fliall be though ty. in the difcretion of the juftice,, not able, or do not make fatisfaftion 

 for. the damages, the juftice fliall commit the offenders to fome conftable or other inferior* 

 officer, where the offence (hall be committed, or the party apprehended, to be whipped ; and 

 for every fuch offence for which the offenders (hall be eftfoons committed, to receive the faid 

 punifhment of whipping, f. i. 



And if any conftable, or mferior.officer, do not, at the command of any fuchjuftice, .execute - 

 by himfelf, or fome other 4 the punimment limited by this ftatute, it fliall be lawful for the jut&quot;* 

 tice to commit him to the common goal, .until. the, offenders be. by him, or by his procurement, 

 whipped, f. 2. 



But no fuch juflice (hall execute this ftatute for any offences done unto himfeif, unlefs he ba. 

 drifted with one or. more other juftices,, whom the offence doth not concern., f. 3.. 



3. Hedge-breakers and jlealers of wood, gates, pales, ,dsV.] By 15 Gar. II. c.a, the conftable 

 m.\ a ppuhend, or caufe to be apprehended, every perfon he (hall fufpec r, having or carrying 

 any burden of any kind of wood, underwood, poles, . or young trees,, or bark, or baflofany 

 trees ; o&amp;gt;r any gates, ftiles, ppfts and pales, rails or hedgewood, .broom or furze : And by war 

 rant of onejuftice, directed to any officer, . fuch officer (hall have ppwer to enter iato and fearch 

 the houfes, out-houfes, yards, gardens, or other places, belonging to the h.oufes ofevery&amp;lt; 

 perfon they (hall fufpedt to have any wood, underwood, poles, or young trees, or bark, or baft 

 ef any trees 5 or any gates, ftiles, pofts, pales, rails, or hedgewood, broom or furze ; and 



