APPENDIX. 61 



oufly pull up, injury orcreftroy, any turnips, potatos, cabbages, parfnips, beans, peaft or carrots, 

 growing or being in any garden, lands, or grounds, open or inclofed, and (hall be there 

 of convicted, on a profecution begun within thirty days after the offence, before any 

 juftice, either by the confeflion of the party offending, or by the oatlj of one witnefs, every 

 perfon fo offending, and being convicted, (hall forfeit not exceeding 2os. over the value of the 

 goods ftolen, as to fuch juftice (hall feem meet ; which {hall be diftributed between the owner 

 of the goods, and theoverfeers, for the ufe of the poor, in fuch proportion as fuch juftice (hall 

 think fit; or the whole fhall be given to the owner or to the overfeers, according to the difcre- 

 tion of fuch juftice ; and in default of payment fuch juftice fhall commit fuch offender to the 

 houfe of correction, to be kept to hard labour for not exceeding two months, unlefs fuch penalty 

 be fooner paid, f. i. 



And in all informations, and other proceedings, the evidence of the owner and of the in 

 habitants of the parifh fhall be taken, 13 Geo. III. c. 32, f. 2. 



But where the conviction fhall be upon the oath of the owner, the whole of the penalty fhall 

 be paid to the overfeerfor the ufe of the poor, f. 3. 



lo. De/lroying Timber or other Trees, or any Roofs, Plants, or Shrubs in the Night,&quot;] By 22 

 & 23 Car. II. c. 7, if any perfon (hall, in the night-time, malicioufly, unlawfully, and wit 

 tingly deftroy any plantations of trees, or throw down any inclofures, he fhall forfeit to the 

 party injured treble damages, to be recovered by action of trefpafs, or upon the cafe ; but upon 

 requeft of the party injured, threejuflices of the peace may within fix months inquire thereof, 

 as well by a jury as by examination of witneffes upon oath, orbv any lawful ways which to 

 them fhall feem meet, f. 5, 6, 7. 



And it is enacted by 6 Geo. III. c. 36, that every perfon who fhall in the night-time lop, top, 

 cut down, break, throw down, bark, burn, or otherwife fpoil or deftroy, or carry away any oak, 

 beech, afh, elm, fir, chefnut or afp, timber-tree, or other tree {landing for timber, or likely to 

 becometimber, without the confent of the owner thereof ; or fhall in the night-time pluck up, 

 dig up, break, fpoil, or deftroy, or carry away any root, JJirub, or plant, roots, Jhrubs, or plants 

 cftht value of $s. and which fhall be growing and being in thegarden-ground, nurfery-ground, 

 or other inclofed ground of any perfon ; or fhall be aiding or affifting therein, or fhall buy or re 

 ceive fuch root,jhrub, or plant, roots, Jhrubs or plants of thg value aforefaid, knowing the fame to 

 be ftolen, fhall be guilty of felony and tranfported for feven years. 



[Damage Feafant.] Where an injury has been done by the cattle or goods of any one to the 

 lands of another, he who receives the injury may either diflrain them while doing the damage, 

 or bring his action of trefpafs, and recover for the damage fuftained ; but he fhould make his 

 election of his remedy ; for if he diftrains, and the diftrefs efcapes, the action of trefpafs is 

 gone, unlefs the efcape was not through his fault or neglect ; and it is to be obferved that this 

 action may be brought againft him who has only the care, cuftody, or poffeffion of the cattle 

 which do the damage. 



If the tenant s goods are diftrained for tolls or cuftoms pretended to be due, he may bring hit 

 action for the taking, in which the right to the tolls will be tried. 



