58 APPENDIX. 



And at doubts had ar if en on this lift afl, whether fuch fffences ivtre piiwjlialle if committed in the 

 -day time, thzflat. 6 Geo. I. c. 10, was faffed t. tvplain and amend the fame, and alfv to extend the 

 pr ,vifions thereof h the dfjlroyers of hedges and uther fences : by which faid a flit is enatted as fel 

 lows : that is to f iy, 



If an v perfon vvhatfoever (hall either by day or by night, cut, take, deftroy, break, throw 

 &amp;lt;iown, bark, pluck up, burn, deface, fpoil, or carry away any wood fprings t or fprings of wjod 

 /fee?, poks, wjod, topf &amp;lt;&amp;gt;f ir t es, und:rwsods, or coppice wsods, thorns, or quickfets, without the con 

 tent of the owner of fuch woods, wood grounds, parks, chafes, or coppices, plantations, timber- 

 tiecs, fruit-*rees, or other trees, thorns orquickfcts, or of the perfon chiefly entrufted with the 

 care and cuftody thereof; or (hall break open, throw down, level, or deftroy any hedges, gates, 

 poflsy ftyles, railing, iijtills, fences, dykes, ditches, banks, or other inclofures thereof; the owner 

 may have fuch fatisfaction and rccompenfe from the inhabitants of the parifhes, towns, hamlets t 

 villages, or places joining on fuch grounds, and recover fuch damages againft fuch place or 

 places and in the fame manner and form, as by the above ftatute of the 13 Ed. I. c. 46*., unlefs 

 the offender, by fuch pari flies or places, be convifted within fix months, 6 Geo. I. c. 16. f. I. 

 But (f the offender is known, then the following proceedings fhall take place ; 

 That is to fay, if any offender (hall, in a riotous, open, tumultuous, or in a fecret or clan- 

 defline manner, forcibly or wrongfully or malicioufly, and without the confent of the owner, 

 or perfon chiefly entrufted with the care of the above-mentioned premifes, commit any of the 

 offences retrained by the faid acts of i Geo. I. flat. 2. c. 48, or 6 Geo. I. c. 16, two juftices, 

 or the jufticesin feffions, on complaint made by the inhabitants of fuch parifh or place, or by 

 the owner of the wood or trees, or any other, may caufe the offender to be apprehended, and 

 hear and determine the offence, and on conviction (hall commit the offender to the houfe of cor- 

 rrdtion to hard labour for three months ; and where there is no houfe of correction, then to the 

 prifon for four months ;and fhall alfo order the offender to be publicly whipped by the matter 

 of fiich houfe of correction once a month during fuch three months, in the borough or corpo 

 ration, if the offence be committed therein ; or in the market-town where the houfe of cor- 

 reftion ftands, or in the next market-town next adjacent to fuch houfe of correction, on the 

 snarket-day : and in the county where fuch offence (hall be eommitted, on the market-day 

 between the hours of eleven and two : and where there is no houfe of correction the faidjuf- 

 tices (hall order him to be whipped by the common hangman, Once a month during fuch four 

 months, on the market-day of any borough or corporation, where fuch offender (hall be com 

 mitted ; or on the market day of fome town, between the hours of eleven and two o clock, I 

 Geo. 1. flat. a.c. 48. f. 2. 6 Geo. I.e. 16, f. 2. 



And before fuch offender lhall be difcharged he (hall find fufficient fureties for his good be 

 haviour for two years, i Geo. 1. flat. 2. c. 48. f. 3. 6 Geo. I. c. i6.f. 2. 



5. Deflroying Trees growing on WujlesJ] Alfo by 29 Geo. II. c. 36. if any perfon fhall 

 unlawfully cut, take, deftroy, break, throw down, bark, pluck up, burn, deface, fpoil, or carry 

 away, any tree, growing in any wafte, wood, or pafture, in which any perfon or body poli. 

 tic hath right of common, every fuch offender fhall be in like manner convicted of fuch off$nce&amp;gt; 

 incur the like penalty as is directed by 6 Geo. I, c, 16. f. 8, 



