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TIMBER ACT 1775
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CHAP. XXVI.
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An Act for encouraging the cultivation, and for the better preservation of trees, shrubs, plants, and roots,
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10 W. 3. c. 12.
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4 Anne, c. 9.
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9 Anne, c. 5.
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8 G. 1. c 8.
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and so much of 5 G. 2. c. 9 as relates to planting timber trees,
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repealed.
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WHEREAS the several acts of parliament made for the encouragement of planting and for preserving of timber trees, woods, and underwoods, herein after mentioned, have not had the desired effect; and to avoid the confusion, which may arise from the multitude of the laws relative to the same subject it is thought expedient to repeal the said several acts, and to make one new act containing all such parts of the said acts, as are proper to be continued: with such alterations and additions as are herein after contained: therefore be it enacted by the King’s most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that from and after the first day of May one thousand seven hundred and seventy six an act of parliament passed in the tenth year of the reign of his late Majesty king William the third, entitled, An act for planting and preserving timber trees and woods, and also another act of parliament passed in the fourth year of her late Majesty Queen Anne, entitled, An act for explaining and putting in execution an act for planting and preserving trees and woods, and for explaining and putting in execution an act to avoid and prevent misdemeanors in idle and lewd persons in barking of trees, and also another act of parliament passed in the ninth year of her late Majesty queen Anne, entitled, An act for the further explaining and putting in execution an act for planting and preserving timber trees and woods, and also another act of parliament passed in the eighth year of the reign of his late Majesty king George the first, entitled, An act for repealing part of an act passed in the tenth year of king William the third, entitled, An act for planting and preserving timber trees and woods, and also for giving further encouragement to plant and preserve timber trees and woods, and also so much of an act passed in the fifth year of the reign of his late Majesty king George the second, entitled, An act to encourage the improvement of barren and waste land and bogs, and planting of timber trees and orchards, as relates to the planting of timber trees, shall be repealed and made null and void.
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Spoiling or destroying timber or fruit tree, young trees or shoots, without consent of owner,
assisting,
possessing without satisfactory account,
fixing branches (save holly, &c.) in church,
on 1 witness penalty not above 5l. with charges,
on nonpayment committed not above 6 months.
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II. And be it enacted by the authority aforesaid, that from and after the first day of May one thousand seven hundred and seventy six every person, who hall wilfully cut down or break down, bark, burn, pluck up, lop, top, or otherwise damage, spoil, or destroy, any timber tree, or fruit tree, or any young trees or shoots, or any part thereof, without the consent of the owner or owners thereof first had and obtained, or who shall be aiding or assisting in so doing, or who shall have in his, her, or their possession any timber tree, or any kind of wood, under wood, poles, sticks of wood, shoots or young trees, shrubs, plants, or roots, and shall not give a satisfactory account, that he, she, or they came fairly and honestly by the same, or who shall fix up in any church or chapel the green branches of any tree or shrub, or any part of any tree or shrub, having the leaves on it, except holly, bay, laurastina, yew, or ivy, and shall be thereof convicted upon the oath of any one credible witness before any one of his Majesty’s justices of the peace within his jurisdiction, shall for every such offence forfeit and pay such sum of money, not exceeding five pounds, as to such justice shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justice who shall convict the offender, and upon nonpayment thereof such justice shall commit such offender to the common gaol, or house of correction of such county by warrant under his hand and seal, there to remain without bail or mainprize for any time not exceeding six months, or until the said penalty and charges shall be paid.
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Trees deemed timber within this and every other act.
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III. And be it further enacted by the authority aforesaid, that all oak, beech, ash, elm, larix, sycamore, walnut, chesnut, cherry, lime, poplar, alder, quicken, or mountain ash, holly timber, fallow, asp, birch, cedar, pine and fir trees, shall be deemed and taken to be timber trees, within the true meaning and provision of this act, and of every other act now in force in this kingdom relative to timber trees
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Destroying or taking shrub, plant, or root, out of nursery, &c.
assisting therein,
using or possessing gads, withs, &c. on plows, tackle &c.
or timber scollops for thatching,
putting up or suffering May both near his house, or remain 3 hours,
keeping bark or rind, (not a tanner or dyer, or possessed of woods, or lawfully obtaining) on 1 witness penalty not above 40s.
on nonpayment committed not above 3 months.
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IV. And be it further enacted by the authority aforesaid, that every person, who shall from and after the first day of May aforesaid wilfully cut down, or break down, pluck up, or spoil, burn, or destroy, or take, carry, or convey away any shrub, plant, or root, shrubs, plants, or roots, out of the nurseries, gardens, woods, or fields of any other person, without the consent of the owner or owners thereof first had and obtained, or who shall be aiding or assisting in so doing, or who shall make use of any gads, withs, bows, or backbands, made of wood, on his or their plows, harrows, cars, carts, harness, or tackle, or in whose custody or possession any gads or withs shall be had or found, or who shall make use of any scollops of oak or ash, or any other timber tree for thatching of houses, or who shall put up any may bush opposite or near to his or her, house, or suffer any may bush to be so put up, or to remain for the space of three hours opposite or near to his or her house, or who shall keep any bark or rind of trees in his or her house or possession, not being a known tanner or dyer, or person lawfully possessed of trees or woods, or not having lawfully obtained the same from some person so possessed of trees or woods, and shall be thereof convicted upon the oath of any one credible witness before any one justice of the peace within his jurisdiction, shall forfeit and pay such sum of money, as to such justice shall seem meet, not exceeding forty shillings, together with the charges previous to and attending such conviction, to be ascertained by such justice who shall convict said offender; and upon nonpayment thereof such justice shall commit such offender to the common gaol or house of correction of such county by warrant under his hand and seal, there to remain without bail or mainprize for any time not exceeding three months, or until the said penalty and charges shall be paid.
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Clerk of peace not filing separate or entering every certificate of planting as by 6 G.3.C. 17.
5l. by civil bill.
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V. And be it further enacted by the authority aforesaid, that if the clerk of the peace of any county shall neglect or refuse to keep on a separate file among the records of such county, or to enter in an alphabetical book, every certificate, which shall be delivered to him by any person relative to the planting of trees, which such clerk of the peace is ordered and directed so to do by an act passed in the sixth year of his present Majesty entitled, An act for the encouraging of the planting of timber trees; every clerk of the peace so offending shall forfeit the sum of five pounds for every such offence, to be recovered by any person who shall sue for the same by civil bill.
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Justices to inforce,
and administer oath,
penalties not applied, to informer with full costs, and the parish poor,
suspected places searched on warrant, for trees, &c.
if found, the party brought before the justice,
not proving fairly bought or given by owner, convicted and subject to the penalties.
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VI. And be it further, enacted by the authority aforesaid, that his Majesty’s justices of the peace within their several and respective jurisdictions are hereby authorized to put this act in execution, and to administer an oath to any such credible witness or witnesses as shall appear before them; and that one moiety of all such forfeitures and pecuniary penalties to be inflicted by this act, and not otherwise applied, shall be paid to the informer with full costs, and the other moiety to the poor of the parish, and that it shall and may be lawful for any constable or other person by warrant under the hand and seal of any one justice of the peace to make search in all suspected houses and places within the jurisdiction of such justice for any timber or fruit trees, sticks, shoots, shrubs, plants, foots, or bark; and if such constable or person shall find any such in the possession, house, out house, field, or ground of any person suspected to be guilty of any of the offences aforesaid, he shall bring such suspected persons before such justice of the peace; and if such suspected person shall not make full and clear proof to the satisfaction of such justice, that such timber, or fruit tree, sticks, shoots, shrubs, plants, roots, or bark, were fairly and honestly bought by such person, or given to him or her by the owner or proprietor thereof, in default thereof, and not otherwise, such suspected person shall be judged, and deemed, and shall stand convicted of a breach of this act, and shall be subject to the several penalties herein directed for such offence.
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