2. C. 48.

with impunity, to the great difcouragement of all owners, planters and prefervers of wood, and to the great wrong and injury of fuch lords of manors, and other owners and proprietors of such woods, wood-grounds, parks, chafes, coppices, plantations, timber-trees, fruit-trees, or other trees, thorns or quickfets: and whereas fome doubts have arifen whether the offences committed in the day-time, mentioned in an act poffed in the first year of his Majesty's reign, in1 Geo. 1. ftat, tituled, An act to encourage the planting of timber-trees, fruittrees, and other trees, for ornament, fhelter or profit, and for the better preservation of the fame, and for the preventing the burning of woods, are punishable by the faid act: and whereas there is no provision made in the faid act for punishing the offences committed by perfons who shall break open, throw down, level or deftroy the hedges, gates, pofts, files, railing, fences, ditches, banks, walls or other inclofures of fuch woods, wood-grounds, plantations and coppices: therefore for the explaining and amending the faid act, and for remedying the feveral mischiefs herein beforementioned, and for the better preferving of all fuch woodfprings or fprings of wood, poles, quick-woods, plantations, under-woods, coppice-woods, gates, pofts, ftiles, railing, fences, hedges, walls and other inclofures of woods, from being unlawfully cut, taken, spoiled, broken, burnt, destroyed, defaced or carried away; and for the better difcovering and more effectual punishment of fuch offenders therein, their aiders and abbettors; and for the providing fatisfaction for the damages the respective proprietors thereof fhall fuftain thereby be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the lords fpiritual and temporal and commons, in this prefent parliament affembled, and by the authoAfter June 24. rity of the fame, That if any perfon or perfons whatsoever, from 1720. owners and after the twenty fourth day of June which fhall be in the year of our Lord one thousand seven hundred and twenty, fhall, either by day or by night, cut, take, destroy, break, throw fpoiled, &c. ei- down, bark, pluck up, burn, deface, spoil or carry away any ther by day or wood-fprings or fprings of wood, trees, poles, wood, tops of by night, fhall trees, under-woods or coppice-woods, thorns or quickfets, have fatisfac- without the confent of the owner or owners of fuch woods, tion from the wood-grounds, parks, chafes or coppices, plantations, timberthe place, in trees, fruit-trees or other trees, thorns or quickfets, or of the the fame man- perfon chiefly intrusted with the care and cuftody thereof, or fhall break open, throw down, level or deftroy any hedges, overthrown in gates, pofts, ftiles, railing, walls, fences, dikes, ditches, banks the night, is or other inclosures of fuch woods, wood-grounds, parks, chafes provided by or coppices, plantations, timber-trees, fruit-trees or other 33 Ed. 1. trees, thorns or quickfets, fuch lords of manors, owners and proprietors of the fame, that is, are, fhall or may be damaged thereby, fhall have fuch remedy, and have and receive fuch fatisfaction and recompence of and from the inhabitants of the parithes, towns, hamlets, villages or places joining on fuch wood-fprings or fprings of wood, wood-grounds, parks, chafes or coppices, and recover fuch damages against the parish, town,

of trees, hedges, &c. cut down,

inhabitants of

ner as for

dikes, &c.

2

hamlet,

hamlet, vill or place, parishes, towns, hamlets, villages or places aforefaid, and in the fame manner and form as for dikes and hedges overthrown by persons in the night, or at another seafon when they suppose not to be efpied, as in and by an act of parliament made in the thirteenth year of the reign of King Edward the First, intituled, Lords may approve against their neigh- 13Ed. 1. ftat.1. bours: ufurpations of commons during the eftate of particular tenants, c. 46. is fet forth and provided; unless the party or parties fo offend- Unless the ofing fhall, by fuch parish, town, hamlet, vill or place, parifhes, fender be contowns, hamlets, villages or places, be convicted of fuch offence victed in fix within the space of fix months from the committing fuch offence months. or offences; any law or conftruction to the contrary in any wife

notwithstanding.

II. And be it further enacted and declared by the authority Two juftices aforefaid, That if any perfon or perfons, at any time or times of peace of from and after the faid twenty-fourth day of June, in a riotous, the place, or open, tumultuous, or in a fecret and clandeftine manner, force- the feffions, to ably or wrongfully and maliciously, and without the confent of plaints and the proprietor, wood-reeve, wood-keeper or perfon chiefly in- finally detertrufted with the care, over-fight and cuftody of fuch woods, mine all of wood-grounds, parks, chafes, coppices or plantations, fhall fences against cut down, destroy, break, bark, throw down, burn, take, de- this act. face, fpoil or carry away any wood or fprings of wood, underwood or coppice-wood, or fhall in fuch a riotous, forceable, tumultuous, fecret or clandeftine manner as aforefaid maliciously break open, throw down, level or deftroy any hedges, gates, pofts, ftiles, rails, fences, ditches, banks or inclosures of fuch woods, wood-grounds, coppices, plantations, timbertrees, fruit-trees or other trees, thorns or quickfets, that then it fhall and may be lawful to and for any two or more justices of the peace of the county, riding, divifion, city, town, borough or corporation wherein any fuch offence or offences fhall be committed, or for the juftices in open feffions, upon complaint to them made by any inhabitant of the aforefaid parish, hamlet, vill or place, or of the owner of fuch tree or trees, woods, wood-grounds, parks, chafes, coppices or plantations, or of any other, to caufe fuch offender or offenders to be apprehended for the trefpaffes and offences aforefaid, or any of them, and to hear and finally determine and adjudge all and every the offence and offences aforefaid and if fuch juftices fhall And if they convict any perfon or perfons of all or any the trefpaffes and convict any offences aforefaid, then fuch juftices, immediately after fuch perfon, fhall conviction, thall and are hereby required to inflict all and eve- fame penalry the fame penalties and punishments in the faid act of the firft ties, &c. as in year of his Majefty's reign herein before-mentioned, as fully and the act 1 Geo. largely, and in the fame manner, for all and every the crimes and offences herein before expreffed, although not contained in the faid act, as if the fame were here again repeated and reenacted.

I

1. ftat. 2. c. 48.

III. Provided always, and be it enacted by the authority a- Perfons fued forefaid, That in cafe any action or actions, fuit or fuits, fhall may plead the

R 2

at.

at any time hereafter be brought, commenced or profecuted against any person or perfons for any cause, matter or thing done in pursuance of this act or the before recited acts, that the defendant or defendants in fuch fuit or fuits fhall and may plead the general issue, and thereupon give the special matter of his defence in evidence; and in cafe a verdict paffes therein for fuch defendant or defendants, or the plaintiff becomes nonfuit, or discontinues his action, the defendant or defendants in fuch case shall have and recover treble cofts; any law or custom to the contrary thereof in any wife notwithstanding.

CAP. XVII.

An act for appointing commiffioners to examine, ftate and determine the debts due to the army; and to examine and ftate the demands of feveral foreign princes and states for fubfidies during the late war. EXP.

CAP. XVIII.

An act for better fecuring certain powers and privileges intended to be granted by his Majesty by two charters for affurance of hips and merchandizes at fea, and for lending money upon bottomry; and for reftraining several extravagant and unwarrantable practices therein mentioned.

OST gracious Sovereign, whereas it hath for many ages past

been esteemed good policy, by all proper ways and means, to fecure and encourage the trade of this realm, whereby the wealth and ftrength of the fame, and particularly the hipping, navigation and public revenues thereof, have been increafed; and it hath been, time out of mind, a custom or usage amongst merchants, as well of this realm as of foreign nations, when they make any adventures at fea (especially into remote or dangerous parts) to give a premium or confideration to particular perfons, to have from fuch particular perfons affurance of or upon fhips, goods or merchandizes adventured, or fome of them, at fuch rates or prices as the parties affurers and the parties affured can agree, which kind of contract or dealing is commonly called a policy of affurance, and feveral laws and ftatutes now in force have been made concerning the fame affurances; notwith43 Eliz. c. 12. Standing which it is found by experience, that many particular per-. 13 & 14 Car.2. fons, after they have received large premiums or confideration-monies

c. 23.

for or towards the infuring fhips, goods and merchandizes at fea, have become bankrupts or otherwife failed in answering or complying with their policies of affurance, whereby they were particularly engaged to make good or contribute towards the loffes which merchants or traders have fuftained, to the ruin or impoverishment of many merchants and traders, and to the difcouragement of adventurers at fea, and to the great diminution of the trade, wealth, strength and publick revenues of this kingdom: and whereas it is conceived, That if two feveral and diftinct corporations, with a competent joint flock to each of them belonging, and under proper conditions, reftrictions and regulations, were erected and established for affurance of

6

Ships

bips, goods or merchandizes at fea, or going to fea (exclufive of all or any other corporations or bodies politick already created, or hereafter to be created, and likewife exclufive of fuch focieties or partnerships as now are or may hereafter be entered into for that purpofe) feveral merchants or traders, who adventure their estates, or part of their eftates, in fuch ships, goods or merchandizes at fea, or going to fea (especially in remote or hazardous voyages) would think it much fafer for them to depend on the policies or affurances of either of those two corporations Jo to be erected and established, than on the policies or affurances of private or particular perfons; and that fuch merchants or adventurers as fhall hereafter be minded to agree, for affurance of their fhips, goods or merchandizes with private or particular perfons, may still be at liberty fo to do according to their own option or choice: and whereas it has also been a custom or ufage in this as well as in other nations, for merchants or traders, who adventure their ships and merchandizes at fea, to borrow money to be repaid upon the return or arrival of fuch ships, which kind of borrowing is commonly called, taking up money on bottomry; in which cafes the lenders run a rifque or hazard, more or lefs, of lofing their principal, and are therefore allowed to contract for fuch intereft or confideration-money for the use or forbearance of the principal, as can be agreed upon between the borrowers and the lenders: and it is confidered, That it may be a great advantage and encouragement to trade and navigation, if fuch merchants and traders might have it in their power, at their own election, either to have recourse to one of the corporations to be erected and established in pursuance of this act, or to private or particular perfons, for borrowing money upon bottomry as aforefaid, at fuch rate or rates as fhall be agreed upon between fuch borrowers and lenders respectively: and whereas the fole right and prerogative of granting charters of incorporation (not being fuch as are repugnant to any law or ftatute of this realm) doth belong to your Majefty; and it is confidered, That if your Majesty fball be graciously pleafed to grant two fuch diftinct charters as aforefaid, the members of each corporation fo to be erected and established (for and in confideration of the advantages which may accrue to them refpectively thereby, and for having reafonable powers and privileges fecured to them in pursuance of this act) may be willing to pay to your Majesty's ufe fuch fums of money, at fuch times and by fuch proportions, as are herein after mentioned: be it therefore enacted by His Majesty the King's most excellent majefty, by and with the advice and may grant confent of the lords fpiritual and temporal and commons, in charters to this prefent parliament affembled, and by the authority of the two distinct fame, That it fhall and may be lawful to and for his Majefty, companies by one charter or indenture under the great feal of Great Bri- fhips, and for tain, to declare and grant, that fuch and fo many perfons (who lending mofhall be named therein, and of whose abilities and fitnefs his ney on botMajefty fhall thereby declare himself to be well fatisfied) and tomry, all and every fuch other perfon and perfons as hereafter from time to time fhall be duly admitted as members into their corporation, shall be one diftinct and feparate body politick and corporate for the affurance of fhips, goods and merchandizes

affurance of

They may choose their own govern

ors, &c.

at fea, or going to fea, and for lending money upon bottomry, by fuch name as his Majefty fhall think moft proper and that it fhall and may be lawful to and for his Majefty, by another charter or indenture under the great feal of Great Britain, to declare and grant, that fuch and fo many other persons (who shall be named therein, and of whofe abilities and fitnefs his Majefty fhall thereby declare himself to be well satisfied) and all and every fuch other perfon and perfons as hereafter from time to time fhall be duly admitted as members into their corporation, fhall be one other diftinct and separate body politick and corporate for affurance of fhips, goods and merchandizes at fea, or going to fea, and for lending money upon bottomry, by fuch to have perpe- name as his Majefty alfo fhall think most proper: and that the tual fucceffion, faid feveral and refpective corporations, by their respective but fubject to names aforefaid, fhall have perpetual fucceffion, fubject neverredemption. theless to fuch redemption or power of revocation as hereafter in this act is provided concerning the fame; and that the faid several and respective corporations, during the continuance thereof refpectively, fhall have power from time to time to choose their refpective governors, directors and other officers and fervants, for better management of the affairs of the fame corporations refpectively, in fuch manner and under fuch qualifications, as fhall be prescribed in and by the faid refpective charters or indentures in that behalf; nevertheless the The firft go. vernors, &c. first governor and directors of each of the faid two corporations to be appoint- fhall or may be appointed by his Majesty, in and by the fame ed by his Ma- charters or indentures refpectively; and that the said first goTo continue vernors and directors, and all fubfequent governors and diin their places rectors, fhall continue in their respective offices for three years, and in cafe of death or removal be supplied as in fuch respective charters or indentures fhall be prescribed; and that each of the faid corporations or bodies politick, by such respective names as aforefaid, fhall and may have and ufe a common feal only for the bufinefs of the fame corporations refpectively, and fuch feal from time to time may break, change, make new or alter, May purchase as fhall be found most expedient; and that each of the faid corlands to the porations fhall be able and capable in law to purchase, take and value of 1000l. enjoy meffuages, lands or tenements not exceeding the value of one thousand pounds per annum, and to grant, alien, demife or difpofe the fame. or any part thereof, at their free wills and May fue or be pleasures; and fhall be able and capable in law to fue and implead, be fued and impleaded, anfwer and be answered in courts of record, or elsewhere, in all actions and causes whatsoever, for, touching or concerning the affurance of thips, goods or merchandizes at fea, or lending money upon bottomry, or any other matter or thing whatsoever concerning the fame corporations refpectively.

for three

years, &c.
To have a
common feal.

per ann.

Aued.

Each of the

corporations to pay into the exchequer

390,000 1. for

II. And it is hereby further enacted by the authority aforefaid, That each of the faid two corporations to be erected and established as aforefad (for and in confideration of the benefits and advantages which may accrue to them refpectively by vir

tue