vessels, &c.; and carry away any Corn, Flour, Meal, or Grain therefrom, or shall throw abroad or spoil the same, or any part thereof, or shall unlawfully enter on board any ship, barge, boat, or or on board vessel, and shall wilfully and maliciously take and carry away, cast, or throw out therefrom, or otherwise spoil or damage any Meal, Flour, Wheat, or Grain therein, intended for Exportation; every person so offending, and being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall be trans- Felony. ported for the space of seven years, in like manner as other felons are directed to be transported by the laws and statutes of this Realm; and if any such offender so transported shall return into this Kingdom before the expiration of the said seven years, he or she shall suffer Death as a Felon, without Benefit of Clergy. s. 2. Provided always, that no attainder for any offence made Saving of dower Felony by virtue of this act, shall make or work any corrup- and blood. tion of blood, loss of dower, or disinheritance of heir or heirs. s. 3. shall make satis faction (not exceeding £100) for damages done. Provided also, that no person who shall be punished for any Offences not to be twice offence by virtue of this act, shall be punished for the same punished. offence by virtue of any other law or statute whatsoever. s. 4. From and after the said 24th June 1738, the Inhabitants of Hundreds, &c. every Hundred in that part of Great Britain called England, wherein any such offence as aforesaid shall be committed, shall make satisfaction and amends to all and every the person and persons, their Executors and Administrators, for the Damages they shall have sustained or suffered by any injury or violence done to their properties by any offender or offenders against. this act; and every person and persons who shall sustain Damages in their properties by any of the said offences shall and are hereby enabled to sue for and recover such his or their Damages (the sum to be recovered not exceeding £100) against the said Hundred, who by this act shall be made liable to answer all or any part thereof; such Damages to be sued for, levied, and raised in such manner and form, and by and under the like methods and directions as are prescribed and mentioned in the cases of Actions for Robberies on the Highway, in and by 27 Eliz. c. 13. and 8 G. 2. c. 16. except so much thereof as relates to giving, leaving, or publishing notice, or making fresh suit and hue and cry, or any other matter otherwise provided for by this act. s. 5. Provided, that no person or persons shall be enabled to re- Notice to be cover any Damages by virtue of this act, unless he or they, by given to a Con stable, &c. of offences committed. of prosecutor or his servant on oath shall be taken. themselves or by their servants, within two days after such Damage or Injury done him or them by any such offender or offenders as aforesaid, shall give notice of such offence done and committed, to one of the Constables of the Hundred, or to the Constable, Borsholder, Headborough, or Tithingman of the Town, Parish, Village, Hamlet, or Tithing, in or near which And examination such fact shall be committed, and shall, within ten days after such notice, give in his or their examinations upon oath, or the examination upon oath of his or their servants, being present at the time of the fact being committed, or having the care of such his or their properties, to which such Damage or Injury shall be done, before any Justice of the Peace of the County, Liberty, or Division where such fact shall be committed, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by recognizance to prosecute such offender or offenders according to this act, or otherwise, according to the Laws of this Realm. s. 6. If one offender convicted, the exonerated. Provided also, that where any offence shall be committed hundred shall be against this act, and any one of the said offenders shall be apprehended and lawfully convicted of such offence, within the space of twelve months after the offence committed, no Hundred, or Franchise therein, shall in anywise be subject or liable to make any satisfaction to the party or parties injured for the Damages he or they shall have sustained; any thing in this act contained to the contrary notwithstanding. s. 7. Limitation of actions against the hundred. Provided also, that no person who shall sustain any Damage by reason of any offence to be committed by any offender contrary to this act shall be enabled hereby to sue or bring any action against any Hundred where such offence shall be committed, till after the expiration of one year, nor unless the party or parties sustaining such Damage shall commence his, her, or their action or suit within two years next after the offence shall be committed. s. 8. The statute 36 G. 3. c. 9. intituled "an act to prevent Obstructions to the free passage of Grain within the Kingdom," recites, that divers persons have assembled themselves in great numbers, and committed great violences, with intent to hinder the passage of Corn and Grain from place to place, whereby the necessary circulation of Corn and Grain within the Kingdong may be prevented; and then enacts, that if any person or any Flour, &c. on or their harness, or driving away wounding, &c. drivers with throwing abroad such Corn, &c. shall for first persons shall, from and after the passing of this act, wilfully Persons maliciously using and maliciously beat, wound, or use any other violence to or violence in order upon any person or persons, with intent to deter or hinder him to hinder the buying of Corn, or them from buying of Corn or Grain in any Market, or other or seizing Corn, place within this Kingdom, or shall unlawfully stop or seize any its passage, or Wheat, Flour, Meal, Malt, or other Grain, in or on the way breaking carto or from any City, Market Town, or place in this Kingdom, riages or horses, or shall wilfully and maliciously break, cut, or destroy any or drawing same, waggon, cart, or other carriage, wherein any such Wheat, Flour, horses, or Meal, Malt, or other Grain, shall be loaded, or the harness of horse or horses, drawing or carrying the same, or shall intent to stop unlawfully take off from any such carriage, or drive away, kill, the passage of or wound any such horse or horses, or unlawfully beat or wound the driver or drivers of any such waggon, cart, or other carriage, or horse, so loaded, with intent to stop such Wheat, offence be guilty Flour, Meal, Malt, or other Grain, or shall, by cutting of the sacks, or otherwise, scatter or throw abroad any such Wheat, Flour, Meal, Malt, or other Grain, or shall take or carry away, destroy, spoil, or damage the same, or any part thereof, every and all such person or persons, being thereof lawfully convicted before any two or more Justices of the Peace of the County, Shire, Stewartry, Riding, Division, Town, or Place Corporate, wherein such offence or offences shall be committed, or before the Justices of the Peace in open Sessions (who are hereby authorized and empowered summarily and finally to hear and determine the same), shall be sent to the common Gaol or House of Correction, there to continue and be kept to hard labour for any time not exceeding the space of three months, nor less than one month. s. 1. of a misdemeanor. Persons conoffences a second victed of such time, or destroying storehouses, declared guilty If any such person or persons so convicted shall commit any of the offences aforesaid a second time, or if, from and after the passing of this act, any person or persons, with intent to prevent or hinder any Corn, Meal, Flour, Malt, or Grain from being or carrying Corn lawfully carried or removed from any place whatsoever, shall therefrom, &c. wilfully and maliciously pull, throw down, or otherwise destroy of Felony. any Storehouse or Granary, or other place in which Corn, Meal, Flour, Malt, or Grain shall be then kept, or shall unlawfully enter any such Storehouse, Granary, or other place, and take and carry away any Corn, Flour, Meal, Malt, or Grain therefrom, or shall throw abroad or spoil the same, or any part thereof, or shall unlawfully enter on board any ship, barge, boat, or vessel, and wilfully and maliciously take and carry away, cast or throw out therefrom, or otherwise spoil or Offenders returning from transportation damage any Corn, Flour, Meal, Malt, or Grain therein, every person so offending, and being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall be transported for the space of seven years, in like manner as other felons are directed to be transported by the Laws and Statutes of this Realm; and if any such offender, so transported, shall return into this Kingdom ousted of clergy. before the expiration of the said seven years, he or she shall suffer Death as a Felon, without Benefit of Clergy: Provided always, that no attainder for any offence made Felony by virtue of this act shall make or work any corruption of blood, loss of dower, or disinheritance of heir or heirs. s. 2. The hundred No person to recover such A From and after the passing of this act, the Inhabitants of every Hundred, in that part of Great Britain called England, wherein any such offence as aforesaid shall be committed, shall make full satisfaction and amends to all and every the person and persons, their Executors and Administrators, for the Damage they shall have sustained or suffered by any injury or violence done to their properties by any offender or offenders against this act; and that every person and persons who shall sustain Damages in their properties by any of the said offences, shall and are hereby enabled to sue for and recover such his or their Damages (the sum to be recovered not exceeding £100) against the said Hundred, who by this act shall be made liable to answer all or any part thereof; such Damages to be sued for, levied, and raised in such manner and form, and by and under the like methods and directions, as are prescribed and mentioned in cases of Actions of Robberies on the Highway, in and by 27 Eliz. c. 13. and 8 G. 2. c. 16., except so much thereof as relates to giving, leaving, or publishing notice, or making fresh suit and hue and cry, or any other matter otherwise provided for by this act. s. 3. Provided nevertheless, that no person or persons shall be damages, unless enabled to recover any Damages by virtue of this act, unless he notice be given or they, by themselves or by their servants, within two days after of the offence, &c. and Recog- such Damage or Injury done him or them, by any such offender into, to prosecute or offenders as aforesaid, shall give notice of such offence done known offenders. and committed to one of the Constables of the Hundred, or to nizance entered the Constable, Borsholder, Headborough, or Tithingman of the Town, Parish, Village, Hamlet, or Tithing, in or near which such fact shall be committed, and shall, within ten days after such notice, give in his or their examinations upon oath, or the examination of his or their servants, being present at the time of the fact being committed, or having the care of such his or their properties to which such Damage or Injury shall be done, before any Justice of the Peace of the County, Liberty, or Division where such fact shall be committed, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such Examination it be confessed that he or they do know [that (1)] the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by recognizance to prosecute such offender or offenders according to this act, or otherwise according to the Laws of the Realm. s. 4. be convicted within a year after the offence, the hundred not damages. Provided also, that where any offence shall be committed If any offender against this act, and any one of the said offenders shall be apprehended, and lawfully convicted of such offence, within the space of twelve months after the offence committed, no Hundred liable to make or Franchise therein shall in anywise be subject or liable to make any satisfaction to the party or parties injured for the Damages he or they shall have sustained; any thing in this act contained to the contrary notwithstanding: Provided also, that No action for no person who shall sustain any Damage by reason of offence to be committed by any offender contrary to this shall be enabled hereby to sue or bring any action against any Hundred where such offence shall be committed till after the expiration of one year, nor unless the party or parties sustaining such Damage shall commence his, her, or their action or suit, within two years next after the offence committed. s. 5. any damages to be act, a brought till after year, nor unwithin two years after the offence. less commenced sion of offences Provided always, that nothing in this act contained shall be Act not to deemed or taken to abridge or take away any provision already for the punishabridge any law made by the Law of this Realm, or any part thereof, for the ment or suppressuppression or punishment of any offence whatsoever mentioned herein menor described in this act: Provided also, that no person who tioned. shall be punished by virtue of this act, shall be punished for the No person shall same offence by virtue of any other law or statute whatsoever. punished. s. 6. Cornwall. be twice Whereas the Justices of Assise, of Nisi Prius, Oyer and Ter- The Assises for miner, and General Gaol Delivery for the County of Cornwall, be held at any Cornwall may have for many years past constantly held and kept the Assises place in that for the said County at Launceston in the said County, which County. constant holding has been oftentimes found inconvenient; for (1) This word appears to be unnecessary, but it is inserted in the printed sessional publication of the Statutes. M |