Penalty for neglect. * 6th section repealed Mar. 19, 1821. When there gaol in a coun ty, forthwith to order such yards to be laid out and enclosed as aforesaid, adjoining to such gaol or house of correction. And any county which shall for the space of two years after such order neglect to make such yard or fence ac cording to the provisions of this Act, shall forfeit and pay to the use of the State the sum of five hundred dollars to be recovered on information or indictment before the Supreme Judicial Court when sitting within or for any adjoining county. SEC. 6.* Be it further enacted, That whenever it shall appear to the Court, at the time of passing such sentence as aforesaid, that there is no gaol or house of correction in the is no suitable county where the offence may have been committed, suitable for the confinement of such convict according to the provisions of this Act, such Court may order the sentence to be executed in any neighbouring county in which there may be executed in be a gaol or house of correction, suited to that purpose, and every such convict shall be confined and kept at work in the gaol or house of correction, to which he shall be so committed in like manner in all respects as if the sentence had been passed in the county in which the gaol or house of correction is situated. sentence may a neighbouring county. Repeal of for mer act. Repeals two sections of for mer act. SEC. 7. Be it further enacted, That an Act relating to the punishment of convicts, who may be sentenced to solitary imprisonment and confinement to hard labour, adopted by the Constitution of this State be and the same is hereby repealed. [Approved June 27, 1820.] -00 CHAPTER XXXI. An Act repealing part of an Act relating to the punishment of Convicts. SEC. 1. BE it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That the fifth and sixth sections of an Act entitled, "An Act relating to the punishment of convicts," passed on the twenty-seventh day of June last, be, and the same are, hereby repealed. SEC. 2. Be it further enacted, That until more suitable and permanent provision respecting prisons can be made, respecting sol ment. in case of any conviction, on which the convict shall be Regulations punished by solitary imprisonment and confinement to hard itary imprisonlabour, the Court before whom such conviction may be had, shall order such punishment to be by solitary imprisonment so far as the situation of the prison, the state of the convict, and the circumstances and aggravation of the offence shall render proper. [Approved March 19, 1821.] :0: CHAPTER XXXII. An Act respecting Conditional Pardons. WHEREAS in the course of human events it sometimes happens that crimes for which the perpetrators are legally sentenced to suffer the punishment of death, are attended with alleviating circumstances: Council may Be it enacted by the Senate and House of Repre sentatives, in Legislature assembled, That whenever any per Governor with son, who has been, or shall hereafter be sentenced by the advice of Justices of the Supreme Judicial Court, to suffer the pun- grant condi tional pardons. ishment of death, shall make application to the Governor for pardon, and the Governor shall think proper, by and with the advice and consent of the Council, to grant such pardon, on condition that the person thus sentenced be im prisoned or confined to hard labour during his or her natural life, or for a certain term of years, in the condition of such pardon to be expressed, the Governor be, and hereby is authorized in order to carry the same into effect, to issue his warrant or warrants, directed to all proper officers; and the said officers shall be holden to serve, execute and obey the same, in the same manner as if such imprisonment or confinement had been the punishment awarded in the original sentence. [Approved February 28, 1821.] -00 CHAPTER XXXIII. An Act to prevent and punish Trespasses. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall Description of cut down, destroy or carry away any tree or trees what- trespasses Penalty for ever, placed or growing for use, shade or ornament; or any timber, wood or underwood, standing, lying or growing on land not his own; not having the consent of the owner thereof; or shall throw down or open any bars or gates, fence or fences, and leave the same down or open; or shall injure, mar or deface any fence or fences, belonging to, or enclosing lands not his own; or shall dig up or carry away any stones, ore, gravel, clay, sand, turf or mould, roots, fruit, or plants; or cut down or carry away any sedge, grass, hay or corn, wherein he hath no interest, standing, lying or being on any land not his own; or shall take or carry away from any wharf or landing place, whereof he is not a proprietor or owner, any goods whatever, wherein he hath committing no interest, without the leave of some person who has interest therein; or shall break the glass, or any part of it, in any building not his own; the person so offending, shall forfeit and pay for each tree or stick of timber so cut down, liable also in destroyed or carried away; and for each and every other party injured. offence, a fine not less than one dollar, nor more than seven dollars, to the use of the State, to be recovered on complaint before any Justice of the Peace in the county Proviso as to where the offence shall be committed, and shall be liable to answer in damages to the party injured: Provided, That nothing in this Act shall be construed, to prohibit the surveyors of highways from taking stones and gravel from uninclosed lands for the repairing of the highways. damages to surveyors of highways. Penalty for de stroying mile stones or monuments. Penalty for committing any of the a bove offences secretly, by night, or in disguise. SEC. 2. Be it further enacted, That if any person shall wilfully break, deface or destroy any mile stone or public monument, unless properly authorized so to do, the person so offending shall forfeit and pay for each offence, a fine not less than seven dollars, nor more than fifty dollars to the use aforesaid, to be recovered on indictment before the Circuit Court of Common Pleas in the county where the offence shall be committed, and be further liable to answer in damages as aforesaid. SEC. 3. Be it further enacted, That any person who shall commit any of the offences abovementioned, secretly, in the night time, or in disguise, shall forfeit and pay a fine to the use of the State, not less than ten dollars, nor more than sixty dollars for each offence, to be recovered on indictment, Counties, for damage property. SEC. 4. Be it further enacted, That when any trespasses towns and parshall be committed on any buildings or enclosures belong- ishes may sue ing to any county, town or parish, the county, town and done to their parish Treasurer, for the time being, shall be and hereby buildings or are severally authorized to sue for the damage done to the public building or enclosures of their county town or parish respectively; and where any public buildings are owned partly by the town and partly by the county, in that case the county or town Treasurer, whoever may first institute an action, may prosecute for damages thus sustained. And where any public building is owned by any school district the town Treasurer may sue therefor in manner aforesaid. SEC. 5. Be it further enacted, That if any person shall Penalty for entering on an enter upon any grass land, orchard or garden without per- others' grass mission from the owner thereof, with intent to cut, destroy, land, orchard, take or carry away, any grass, hay, fruit or vegetables, with intent to injure or defraud such owner, each person so offending shall forfeit and pay, for every such offence a sum not less than two dollars, nor more than ten dollars to the use of the State, to be recovered on complaint before any Jus- how recovertice of the Peace of the County in which the offence shall ed. be committed; and the persons so offending shall also be liable in damages to the party injured. &c. without leave with intent to destroy fruits, grass, &c. person carry grass land, without leave &c. SEC. 6. Be it further enacted, That if any person having Penalty for a entered upon any grass land, orchard or garden, shall take ing away from therefrom, without permission of the owner thereof, and any orchard or with the intent to injure and defraud such owner, any grass, of owner, any hay, fruit, vegetable or shrub, cultivated thereon for orna- grass, fruit, ment or use, such person so offending shall forfeit and pay for each offence, to the use of the State, a sum not less than five, nor more than fifty dollars, to be recovered by indictment or information before the Circuit Court of Common Pleas, in the county where such offence shall be committed, liable also in and the person so offending, shall be also liable to the party injured, in a sum equal to three times the value of such grass, hay, fruit, vegetable or shrub, to be recovered by action of the case in any Court of competent jurisdiction. damages. cutting or mu SEC. 7. Be it further enacted, That any person, who Penalty for having entered upon any grass land, field or orchard, shall, tilating fruit, without permission of the owner thereof, and with the intent or shade treer. or ornamental, how recover ed. Penalty for con mitting on Lord's day to injure him, break, bruise, cut, mutilate, injure or destroy, any fruit tree, tree for ornament or shade, or shrub cultivate ed thereon, for ornament or use, and which shall be standing or growing thereon, such person so offending, shall forfeit and pay to the use of the State, a sum not less than ten dollars, nor more than one hundred dollars, to be recovered by indictment or information, in manner as is provided in the second section of this Act. commit SEC. 8. Be it further enacted, That if any person shall any of the trespasses mentioned in this Act, on the such wrongs Lord's day or in the night time, that is to say, between sunor by night. setting and sunrising, he shall be liable to double the penalties and forfeitures, the same to be prosecuted for, and recovered in manner as before provided; and all prosecutions Limitation of for breaches of this Act, shall be commenced within one prosecutions. year from the time the offence shall be committed, or the penalties or forfeitures shall have accrued, and not afterwards. [Approved March 19, 1821.] :00: Persons seized CHAPTER XXXIV. An Act to prevent the waste and destruction of Timber and Cord Wood. SEC. 1. BE it enacted by the Senate and House of Repre of freehold es sentatives, in Legislature assembled, That any person seized tate or remain of a freehold estate, or of a remainder or reversion in fee sion in fee sim- simple, or feetail, in a lot or tract of wood land or timber ple or feetail der or rever Supreme Judi may apply to land in this State, whereon the trees shall have come to an Cial Court for age and growth fit to be cut, may prefer a petition to the leave to cut Supreme Judicial Court, holden in any county, representing timber and cord wood. Notice to be the state and condition of such trees, and praying that the same may be felled and sold, and the proceeds thereof invested for the use of the persons interested in such wood land; and the said Court may thereupon order due notice to be given to all persons known to be interested therein, to appear and show cause, if any they have, why the prayer of such petition should not be granted; and after hearing point persons the parties, if any shall appear, may appoint one or more to examine & persons to examine said wood land, or timber land, and if ordered. Court may ap report. |