A dictionary of modern gardening - University Library

LAW 343 LAW
{Buckland v. Butterfield, 2 Brod. and
Bing. 540 A tenant is liable to pay for
the waste if he cuts down any fruit
trees in the garden or orchard he holds,
but not if they are not growing within
the garden or orchard. (Coke's Litt.
53, a.) But he may take away a wooden
shed which he had built on brickwork,
and posts and rails he had put
up. {Fitzherbert v. Shaw, 1 H. Blackstone,
259.)
Law Protecting Gardens.—Gardens
were not sufficiently protected by law
until the year 1828, when the statute
7 & 8 Geo. IV. c. 29 was passed.
Section 38 of this statute enacts that
to steal or cut, brake, root up, or otherwise
destroy, or damage, with intent to
8teal, the whole or any part of any tree,
sapling, or shrub, or any underwood,
above the value of 1/. respectively
growing in any park, pleasure-ground,
garden, orchard or avenue, or in any
ground adjoining or belonging to any
dwelling-house, or above the value of
5/. in any other situation, is felony, and
punishable as simple larceny.
By section 39, if the injury to the
trees, shrubs, &c., amounts to less than
1/., but to Is. at the least, then summary
punishment may be inflicted by a
justice of the peace. A fine may be
imposed not exceeding 5Z. above the
injury done, upon the first conviction;
by imprisonment with hard labour, not
exceeding twelve months, upon a second
conviction, and, if the conviction
take place before two justices of the
peace, by public or private whipping ;
and the third offence, after two previous
convictions, is felony, punishable as
growing in any land, open or inclosed,
not being a garden, orchard, or nurseryground,
is punishable upon summary
conviction by fine, imprisonment with
or without hard labour, and by public
or private whipping, according to the
nature of the offence.
So, by section 42, to steal or destroy,
or damage with intent to steal, any
plant, root, fruit, or vegetable production,
growing in any garden, orchard,
nursery-ground, hot-house, or conservatory,
is, for the first offence, punishable,
upon summary conviction, by imprisonment
with or without hard labour,
not exceeding six months, or by fine,
not exceeding 20/. ; but the second offence
is felony, punishable as simple
larceny.
Lastly, by section 44, to steal, or rip,
cut, or break with intent to steal, any
glass or wood-work belonging to any
building whatsoever, or any lead, iron,
copper, brass, or other metal, or any
utensil or fixture, whether made of metal
or other material, respectively fixed
to any building, or anything made of
metal fixed in any land, being private
property, or for a fence to any dwellinghouse,
garden, or area, or in any square,
street, or other place dedicated to public
use or ornament, is felony, punishable
as simple larceny.
Spring Guns and Man Traps.—These
were formerly permitted by law to be
set in woods, gardens, &c., without any
restriction. Injuries the most severe,
and even death, were inflicted by them,
and the legislature, wisely considering
that these punishments were visitations
far too excessive for stealing, or intendto
steal fruit or game, passed the
!
,
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simple larceny
By sections 40, 41, and 43, to steal, statute 7 & S Geo. IV. c. 18. This enor
to cut, break, or throw down, with acts that any person who sets or places,
intent to steal, any part of any live or or causes to be set or placed, any springdead
fence, or any wooden post, pale,
or rail, set up or used as a fence, or any
gun, man-trap, or other engine calculated
to destroy human life, or inflict
stile or gate, or any part thereof; or to grievous bodily harm, with the intent
have possession of the whole or any or whereby the same may destroy or
part of any sapling or shrub, or any inflict grievous bodily harm upon a
underwood, or any part of any live or trespasser or other person coming
dead fence, or any post, pale, rail, stile contact therewith, shall be guilty of a
or gate, or any part thereof respective' misdemeanor and punishable by fine or
ly, of the value of 2.S., without satisfac- imprisonment, or both, at the discretion
torily accounting for that possession ;
and to steal , or destroy, or damage with
of the court.
The act further provides that persons
intent to steal, any cultivated root or allowing such guns, traps, or engines
plant used for the food of man or beast, already set to continue sot, shall be
or for medicine or distilling, or dyeinf deemed to have set them.
or for or in the course of manufacture. But the Act does not extend to any gin