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years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

XVI. And be it enacted, that if any person shall unlaw- Killing or fully and maliciously kill, maim, or wound any cattle, every naiming cattle, such offender shall be guilty of felony, and, being convicted Felong, thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less Punishment. than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

XVII. And be it enacted, that if any person shall unlaw- Setting fire to a fully and maliciously set fire to any stack of corn, grain, stack of corn,

"grain, straw, pulse, straw, hay, or wood, every such offender shall be

e hay, &c. The guilty of felony, and, being convicted thereof, shall suffer like to certain death as a felon; and if any person shall unlawfully and crops, plantamaliciously set fire to any crop of corn, grain, or pulse, tions, and heath. whether standing or cut down, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorze, furze, or fern, wheresoever the same may be growing, every such offender shall be guilty of felony, and, being convicted Felony. thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to Punishment. be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

XVIII. And be it enacted, that if any person shall unlaw- Destroying fully and maliciously cut or otherwise destroy any hopbinds hopbinds. growing on poles in any plantation of hops, every such offender shall be guilty of felony, and, being convicted thereof, Felony. shall be liable, at the discretion of the court, to be transported Punishment. beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

XIX. And be it enacted, that if any person shall unlaw- Destroying or fully and maliciously cut, break, bark, root up, or otherwise damaging trees, destroy or damage the whole or any part of any tree, sap- shrubs, &c.

growing in cerling, or shrub, or any underwood respectively growing in any go

P a y 8" s " any tain situations, park, pleasure ground, garden, orchard, or avenue, or in any shall be felong. ground adjoining or belonging to any dwelling house, every if the value exsuch offender (in case the amount of the injury done shall ceed 11. exceed the sum of one pound) shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of Punishment. seven .years, or to be imprisoned for any term not exceeding

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two years; and, if a male, to be once, twice, or thrice pub

licly or privately whipped (if the court shall so think fit), in The like to trees, addition to such imprisonment; and if any person shall shrubs, &c. unlawfully and maliciously cut, break, bark, root up, or growing else otherwise destroy or damage the whole or any part of any where, shall be to felony, if the

tree, sapling, or shrub, or any underwood, respectively growvalue exceeds ing elsewhere than in any of the situations hereinbefore men51.

tioned, every such offender (in case the amount of the injury

done shall exceed the sum of five pounds) shall be guilty of Punishment. felony, and, being convicted thereof, shall be liable to any of

the punishments which the court may award for the felony

hereinbefore last mentioned. Destroying or XX. And be it enacted, that if any person shall unlawdamaging trees, fully and maliciously cut, break, bark, root up, or otherwise shrubs, &c., destroy or damage the whole or any part of any tree, sapwheresoever

and of ling, or shrub, or any underwood, wheresoever the same may any value above be respectively growing, the injury done being to the amount 13., punishable of one shilling at the least, every such offender, being conon summary victed before a justice of the peace, shall for the first offence conviction for

forfeit and pay over and above the amount of the injury done,

forfeit and pay over and above the an first and secondoffence; third such su

such sum of money, not exceeding five pounds, as to the offence, felony. justice shall seem meet; and if any person so convicted shall

afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may

award for the felony hereinbefore last mentioned. Destroying,

XXI. And be it enacted, that if any person shall unlaw&c., any fruit fully and maliciously destroy, or damage with intent to or vegetable destroy, any plant, root, fruit, or vegetable production, production in a garden, &c., pu. 8

à growing in any garden, orchard, nursery ground, hothouse, nishable on'"" greenhouse, or conservatory, every such offender, being consuminary con- victed thereof before a justice of the peace, shall, at the disviction for first cretion of the justice, either be committed to the common offence; second gaol or house of correction, there to be imprisoned only, or , felony. to be imprisoned and kept to hard labour, for any term not

exceeding six calendar months, or else shall forfeit and pay over and above the amount of the injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet ; and if any person so convicted, shall afterwards commit any of the said offences, such offender shall be

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deemed guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may award for the felony hereinbefore last mentioned.

XXII. And be it enacted, that if any person shall unlaw. Destroying, &c. fully and maliciously destroy, or damage with intent to vegetable pro

hoductions not destroy, any cultivated root or plant used for the food of man

growing in garor beast, or for medicine, or for distilling, or for dyeing, or dens, &c. for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, or nursery ground, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or house of Punishment. correction, there to be imprisoned only, or to be imprisoned or kept to hard labour, for any term not exceeding one calendar month, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid for any term not exceeding one calendar month, unless payment be sooner made ; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

XXIII. And be it enacted, that if any person shall unlaw- Destroying, &c fully and maliciously cut, break, throw down, or in anywise any fence, wall, destroy any fence of any description whatsoever, or any wall, stile, or go stile, or gate, or any part thereof respectively, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit ; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

XXIV. And be it enacted, that if any person shall wil- Persons comfully or maliciously commit any damage, injury, or spoil to or

to or mitting damage

to any propertys

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in any case not upon any real or personal property whatsoever, either of a previously pro- public or private nature, for which no remedy or punishment vided for, may is hereinbefore provided, every such person being convicted be compelled by thereof before à justice a justice to pay

thereof before a justice of the peace, shall forfeit and pay compensation

such sum of money as shall appear to the justice to be a not exceeding reasonable compensation for the damage, injury, or spoil so 51.

committed, not exceeding the sum of five pounds; which sum of money shall, in the case of private property, be paid to

the party aggrieved, except where such party shall have been Application of examined in proof of the offence; and in such case, or in the the money

case of property of a public nature, or wherein any public awarded.

right is concerned, the money shall be applied in such manner as every penalty imposed by a justice of the peace under this act is bereinafter directed to be applied ; and if such sum of money, together with costs (if ordered), shall not be paid immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the justice shall think fit, for any

term not exceeding two calendar months, unless such sum To what cases and costs be sooner paid : Provided always, that nothing this section does herein contained shall extend to any case where the party not extend.

trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful or malicious, committed in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as before the passing

of this act. Malice against XXV. And be it enacted, that every punishment and forthe owner not feiture by this act imposed on any person maliciously comessential to any mitting any offence, whether the same be punishable upon offence under

indictment or upon summary conviction, shall equally apply this act.

and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect

of which it shall be committed, or otherwise. Principals in the XXVI. And be it enacted, that in the case of every felony second degree, punishable under this act, every principal in the second and accessaries. degree, and every accessary before the fact, shall be punish

able with death or otherwise, in the same manner as the Punishment. principal in the first degree is by this act punishable ; and

every accessary after the fact to any felony punishable under

this act shall, on conviction, be liable to be imprisoned for A bettors in mis. any term not exceeding two years : and every person who demeanors. shall aid, abet, counsel, or procure the commission of any

misdemeanor, punishable under this act, shall be liable to be

indicted and punished as a principal offender. The court may,

XXVII. And be it enacted, that where any person shall for all offences be convicted of any indictable offence punishable under this within this act, act, for which imprisonment may be awarded, it shall be law. ful for the court to sentence the offender to be imprisoned, or order hard lato be imprisoned and kept to hard labour, in the common bour or solitary gaol or house of correction, and also to direct that the confinement. offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

XXVIII. And, for the more effectual apprehension of all Persons in the offenders against this act, be it enacted, that any person found act of commitcommitting any offence against this act, whether the same be

is act whether the same be ting any offence

may be apprepunishable upon indictment or upon summary conviction, bended without may be immediately apprehended, without a warrant, by any a warrant. peace officer, or the owner of the property injured, or his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law.

XXIX. And be it enacted, that the prosecution for every Linitation as offence punishable on summary conviction under this act shall to summary be commenced within three calendar months after the com- proceedings. mission of the offence, and not otherwise ; and the evidence Competency of of the party aggrieved shall be admitted in proof of the witnesses. offence, and also the evidence of any inhabitant of the county, riding, or division in which the offence shall have been committed, notwithstanding any forfeiture or penalty incurred by the offence may be payable to the general rate of such county, riding, or division.

XXX. And, for the more effectual prosecution of all Mode of comoffences punishable on summary conviction under this act, be pelling the apit enacted, that where any person shall be charged on the pearance of pero oath of a credible witness before any justice of the peace with sons punishable

jon summary any such offence, the justice may summon the person charged to appear at a time and place to be named in such summons ; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode), the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other justice of the peace ; or the justice before whom the charge shall be made may (if he shall so think fit), without any previous summons (unless where otherwise specially directed), issue such warrant; and the justice, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case.

XXXI. And be it enacted, that where any offence is by Abettors in ofthis act punishable on summary conviction, either for every fences punishtime of its commission, or for the first and second time only, al

Lime only able on summary

conviction, or for the first time only, any person who shall aid, abet, counsel, or procure the commission of such offence, shall on conviction before a justice of the peace, be liable, for every

conviction.

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