APPENDIX. 57 



they fhall find any fuch, to apprehend the perfons fufpe&cd, for cutting and taking the fame : 

 And as well thofe apprehended carrying, as thofe in whofe houfcs and places the fame fnall 

 be found, to carry before onejuftice. And if fuch perfon do not then and there give a good 

 account how he came by the fame, fuch as fhall fatisfy the faid ju^ice, or elfe fhall not in fome 

 convenient time, to be fet by the faid juftice, produce the party of whom he bought the fame ; 

 or fome credible witnefs, todepofe upon oath fuch fale thereof, he (hall be convicted of cuttin^ 

 and fpoilingthe fame, and punifhed according, to the above ftatute of 43 Eliz. and further by 

 this a&, f. 2. 



That is to fay, he fhall for the firft offence give the owner fuch recompenfe or fau ;-;fdlion for 

 damages, and within fuch time, as the juftice (hall appoint : and over and above pay down pre- 

 fently to the overfeers, for the ufeof the poor, fuch fum, not exceeding los. as the juitice 

 fhall think meet; and if he do not make fuch recompenfe, and alib pay the faid fum to the 

 poor, the faid juftice fhall commit him to thehoufe of corretion for not exceeding one month, 

 or to be whipped by the conftable , and if he fhall again commit the faid offence, and be 

 thereof convicted as before, he fhall be fent to the houfe of correction far one month, to be 

 there kept to hard labour ; and if he fhall again commit the faid offence, and be thereof con- 

 vidted as before, he fhall be deemed an incorrigible rogue, f. 2, 3. 



And whofoever fhall buy any burdens of wood, or any poles or fticksof wood, or any other 

 the things aforefaid, which may bejuftly fufpeded to have been flolen, or unlawfully come by 

 it (hall be lawful for one juftice, upon complaint, to examine the matter upon oath : and if he 

 f.iall find that the fame was bought of a perfon who might juftly be fufpe&ed to have ftolen, 

 or unlawfully come by the fame, and that the fame was ftolen, or unlawfully come by, he may 

 award the party wl&amp;gt;o bought the fame, to pay treble value to him from whom it was unlawfully 

 taken ; and in default of prefent payment ; may iflue his warrant to levy the fame by diftrefs 

 and in default of diftrefs to commit the party to goal, at his own charge, there to remain one . 

 month, without bail, f. 4. 



But no perfon fhall be punifhed for any offence upon this law that hath been punifhed for 

 the fame by any former law ; nor unlefs he be queftioned within fix weeks after the offence. 



f. v. 



4 Deftroylng Timber-Trees, Fruit-Trees , or other Trees or Plantations. ] BY 37 Hen. VIII. 

 c. 6, if any perfon (hall malicioufly, willingly, and unlawfully bark any apple-trees, pear-trees or 

 other fruit-trees, he mall forfeit to the party grieved double damages, by adtion of trefpaft, 

 at the common law, and alfo lol. to the king. 



But it is enafted by i Geo. I. ftat. 2. c.48, to entourage the planting of timber-trees, fruit-trees, 

 nd other trees In fields, hedge -rows, gardens, walks, andelfewhere, either for ornament, Jhelter, or 

 profit, and to pr event themalitiuus defraying or f polling thereof; that, if any perfon (hall mali- 

 cioufly break down, cut up, pluck up, throw down, bark, or otherwife deftroy, deface, or fpoil 

 any -timber-tree or trees, fruit-tree or trees, or any other tree or trees, the perfon damaged mail 

 receive fuch fatisfaaion and recompenfe from the inhabitants of the parifh, town, hamlet, vill, 

 or place ; to be viewed, and damages and cofts to be recovered in the fame manner as hedges 

 and ditches overthrown in the night may by the ftat. 13 Ed. I. c. 46, unlefs the party offending 

 (hall by fuch parifh or place be conviaed of fuch offence within fix months, f. i. 



H 



