60 APPENDIX. 



ped there ; and ifanyperfon fliall commit any of the offences aforefaid a fecond time, he 

 (hall forfeit not exceeding /. 5, together with the charges attending fuch conviction; and 

 if the fame be not forthwith paid on conviction, the juflice fhall by warrant commit him to the 

 houfe of correction for three months, and to be whipped there, once in every one of the faid 

 three months; and if a third time, fuch perfon con victed thereof fhall be deemed an incorrigi 

 ble rogue, and punifhed as fuch, f. 4. 6. 



And the juftices for the counties, cities, ridings, divilions, or places wherein any offences 

 againft this act fhall be done, are to put this act in execution, f. 5. 



And one moiety of all forfeitures, not otherwife directed, (hall go to the informer, and the 

 other to the perfon aggrieved, f. 8. 



And if any perfon fliall hinder, or attempt to prevent, the feizing or fecuring any perfon em- 

 ployed in carrying away any fuch timber, or other trees, fuch perfon (hall fwrfeit^. ro to the 

 perfon who fhall convict fuch offender ; and if not paid on conviction, the perfon convicted 

 fhall be committed to the houfe of correction to hard labour, for not exceeding fix calendar 

 months, f. 7. 



And f,,r the better preventing the deftruttion of timber- trees, and other trees, under-wood and 

 covert inforejls and chafes, it is enacted by 4 Geo. III. c. 31, that it (hall be lawfulfor every 

 furveyor of his majefty s woods, and his lawful deputy, and for the officers and keepers of any 

 foreft or chafe (befides the penalties for deflroying the trees or under-woodj, to feize and take 

 away for his own ufe, any faw, axe, hatchet, bill-hook, or other inftrument ufed by any perfon 

 whom they (hall find unlawfully plucking up, fawing, cutting down, topping, lopping or 

 deftroying any timber-tree or other tree, underwood, or covert, within fuch foreft or chafe. 



8. Deflroying Plantations, Nurferies, or Gardens. ] Alfo by the faid flat. 6 Geo. III. c. 48, 

 every perfon who (hall pluck up, or cut, fpoil, or deftroy, or take away, any root, fhrub, or 

 plant, out of the fields, nurferies, gardens, or garden-grounds, or other cultivated lands, of 

 any perfon whomfoever, without the confent of the owner firft had, and (hall be thereof con- 

 victed upon the oath of one witnefs, before one juftice, fhall for the firft offence forfeit not 

 exceeding 405. together with the charges previous to and attending fuch conviction, to be af- 

 certained by fuch juftice ; and if the fame are not paid down upon conviction, forthwith, the 

 faid juftice fhall by warrant commit him to the houfe of correction for one month to hard 

 labour, and to be once whipped there ; and if any perfon fo convicted fliall again commit the 

 like offence, and be convicted in manner aforefaid, fuch perfon (hall for fuch fecond offence 

 forfeit not exceeding . 5, together with the charges attending the conviction; which if 

 not paid down upon conviction, forthwith, the faid juftice fhall by warrant commit him to 

 the houfe of correction for three months, and to be whipped there once in every of the faid 

 three months. And if any perfon fo. before convicted (hall a third time commit the like 

 offence, and (hall be thereof convicted, fuch perfon (hall for fuch third offence be deemed 

 guilty of felony 5 and the court before whom he (hall be tried (hall tranfport fuch perfon for 

 feven years, f. 3. 6. 



* 9. Stealing Turnips, Potatoes, Cabbages, Parfnips, Peafe, or Carrots growing. Alfo by 13 

 Geo. III. c. 32. and 42 Geo. III. c. 67, if any perfon fhall fteal and take away, gr malio4- 



