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TIMBER ACT 1783
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CHAP. XXXIX.
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An Act to amend the Laws for the Encouragement of planting Timber Trees.
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Tenants for life impeachable of waste, or for years above 14 who plant may cut, sell, and dispose of the same during the term.
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WHEREAS the laws for the encouragement of tenants to plant timber trees have proved ineffectual: 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 passing of this act, any tenant for life or lives, by settlement, dower, courtesy, jointure, lease, or office civil, military, or ecclesiastical, impeachable of waste, or any tenant for years, exceeding fourteen years unexpired, who shall plant, or cause to be planted, any timber trees of oak, ash, elm, beech, fir, alder, or any other trees, shall be entitled to cut, sell, and dispose of the same, or any part of the same, at any time during the term.
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Tenants so planting must in 12 months make affidavit of number &c kind, which lodged with clerk of peace.
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II. Provided always, That any tenant so planting or causing to be planted, shall, within twelve calendar months after such planting, lodge with the clerk of the peace of the county, or county of a city where such plantation shall be made, an affidavit sworn before same justice of the peace of the said county, reciting the number and kinds of the trees planted, and the name of the lands, in form following:
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The oath.
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I A. B. do swear, that I have planted, or caused to be planted, within twelve calendar months last past, on the lands of in the parish of held by me from the following trees, (here reciting the number and kinds of trees) and that I have given notice to the person or persons under whom I immediately derive, or his, her, or their agent, of my intention to register said trees, twenty days at the least previous to this day, and that I have given notice of my intention to register said trees, by publick advertisement in the Dublin Gazette, thirty days at the least previous to the date hereof, or else, “and that I have also given notice of the same in writing to the head landlord, Owner or owners of said ground, or his or their agent, twenty days previous to the date hereof,” (as the case may be.)
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filed separate, amongst records,
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for which, & a copy is.
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copy after ½
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inspecting affidavits 3d.
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affidavits read in open court by clerk of peace every session under penalty 20s. by civil bill in 12 months.
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Which affidavit the clerk of the peace is directed to keep on a separate file, amongst the records of the county, and to enter in an alphabetical book, by the denomination of the land; for filing which affidavit, alphabeting the same, and making and attesting a copy thereof, the clerk of the peace shall receive one shilling, and for a copy of the affidavit given at any after time six pence; and to which book and affidavit any person may resort, at and during any quarter sessions of the peace for said county, paying three pence; and such clerk of the peace is hereby directed to read in open court, at every general quarter sessions, all affidavits as aforesaid, which shall have been lodged with him at any time since the general quarter sessions next preceding the same, under the penalty of twenty shillings for every omission, to be recovered by civil bill, by any person who shall sue for the same within twelve months after the quarter sessions at which he ought to have publickly read such affidavit.
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Inclosing coppice not bound by lease, and not having been inclosed for 5 years, may cut, &c. leaving one timber tree every square perch.
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III. And be it enacted, That if any tenant as aforesaid, shall inclose any piece of ground containing coppice wood, which he is not bound by his lease to inclose or preserve, and which has not been inclosed or preferred from cattle for five years preceding, the said tenant shall have power to cut, sell, and dispose of the trees, which shall grow from said coppice at any time during his term, leaving one timber tree on every square perch of such coppice where timber trees are growing.
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Must give notice at sessions of intention to inclose within 12 months.
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IV. But in order to prevent any frauds that may arise from his claiming any trees which may be standing in the said ground at the time of inclosing: be it enacted, That before his inclosing the same, he must give notice at a quarter sessions to be held for said county, that he intends to inclose said ground within the space of twelve calendar months then next ensuing, in form following:
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The notice.
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I A. B. do hereby give notice, that I intend to inclose acres or roods (as the case may be) of the lands of in the parish of held by from for the purpose of preserving the coppice growing thereon.
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Read by clerk of peace see 6d.
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copy to landlord or agent.
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Which notice shall be given to the clerk of the peace, and by him read aloud in the presence of the justices, and for so doing, the clerk of the peace shall receive six pence, a copy of which notice shall be given to the person from whom such lands are holden, or to his known agent.
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A map of which inclosure lodged in six months with clerk, & following affidavit.
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V. And be it further enacted, That in order to entitle himself to any benefit from said inclosure, the tenant shall also within six calendar months after such inclosure, lodge with the said clerk of the peace, a map of the ground so inclosed, and an affidavit sworn before some justice of the peace for said county, in form following:
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The affidavit.
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I A. B. do swear, that I have inclosed acres, roods, perches of the lands of in the parish of which I hold from and that I have counted the number of trees exceeding six feet in heighth, and which are now standing thereon, according to the best of my skill and judgment, and that they amount to no more than trees of the following kinds (here naming the kinds of trees, and the number of each kind which they do not exceed) or else, and that there are no trees exceeding six feet in heighth, growing upon said lands so inclosed by me (as the case may be) and that I intend to preserve said lands so inclosed from cattle, for the space of five years, that the copse may grow.
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Trees standing the property of the person, as before notice, &c.
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notice, &c. filed with the former affidavits for planting,
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fees as aforesaid,
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read every sessions,
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under penalty 20s. by civil bill.
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And the trees so standing as aforefaid, shall continue to be the property of the person to whom they belonged before said registry; and the clerk of the peace is hereby required to keep the aforesaid notice, and the aforesaid map and affidavit, on the same file with the affidavits of trees planted and registered by virtue of this act, and to enter the same in the same alphabetical book; for filing which notice, and map, and affidavit of such inclosure, alphabeting the same, and making and attesting a copy thereof, the clerk of the peace shall receive one shilling, and for a copy of the notice and affidavit given at any time after, six pence each, and to which notice, map, affidavit, and book, any person may refort at any quarter sessions of the peace for said county; and such clerk of the peace is hereby directed to read in open court, at every quarter sessions, all affidavits of inclosures having been actually made as aforesaid, which shall have been lodged with him at any time since the general quarter sessions next preceding the same, under the penalty of twenty shillings for every omission, to be recovered by civil bill, by any person who shall sue for the same, within twelve calendar months after the quarter sessions at which he ought to have publickly read such affidavit.
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Landlord in 12 months after registry, or after attaining the age at 21 may complain at sessions,
on petition, and affidavit of service of notice on tenant 21 days before sessions, tried by jury,
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VI. And for the preventing of fraudulent registries; be it enabled, That any persons under whom the lands shall be held mediately or immediately, whereon the trees registered, or the inclosures registered in pursuance of this act may be, and who shall think himself or herself aggrieved by a fraudulent registry, may apply to the justices of said county assembled in quarter sessions at any time within twelve months after such registry, (or if he or she be a minor at the time of registering, within twelve months after he or she shall arrive at the age of twenty one years) which justices, on receiving a petition complaining as aforesaid of a fraudulent registry, and also an affidavit that notice of such intended complaint had been served on the tenant twenty one days at the least before such quarter sessions, shall cause a jury to be impannelled, who shall decide whether the said registry be a true registry or not, and if they shall find it to be a false registry, then the same shall be deemed utterly null and void, and of no effect; but if they shall find for the tenant, then the registry shall be deemed good, and their verdict in both cases shall be conclusive.
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verdict conclusive.
Tenant may sell his right to person under whom deriving.
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VII. And whereas it may be advantageous to all persons concerned, That the tenant may sell his or her right and title in said trees to the person under whom he or she may derive; be it enacted, That any tenant may sell his or her right, title, and property in said trees or coppices, or any part of the same, to any person under whom he or she may derive mediately or immediately, and that the person so purchasing shall have all rights, titles, and properties, and privileges therein, which are, or by this act shall be secured to said tenant.
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In writing with two witnesses,
and an attested copy lodged at sessions,
filed with the affidavits and alphabetted see 1s. access thereto see 6d. attested copy evidence of the registry, see 6d. refusing for 3 days after demand £5. by civil bill in 6 months, the head landlord so purchasing shall have the trees, any intermediate term not withstanding
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VIII. Provided always, and to prevent disputes touching the sale or transfer of said trees or coppices, That no sale or transfer of the same shall be deemed good in law, unless and until the same shall be done in writing, and signed by said tenant with his or her name or mark, attested by two credible witnesses, and an attested copy of said writing or instrument lodged with the clerk of the peace, in open court, at some quarter sessions of the peace for the county, or county of a city, having been first proved to be a true copy by some credible witnesses upon oath before the justices at laid sessions; which copy the clerk of the peace is hereby directed to keep on the same file with the affidavits in this act mentioned, and to alphabet in the same book, and for so doing, the clerk of the peace shall receive from the purchaser one shilling; and to said book and affidavit all persons shall have access at any time, paying six pence, and an attested copy of the copy of such writing or instrument, signed by the acting clerk of the peace shall be deemed in all courts to be evidence of the due registry of such writing or instrument, and such copy the clerk of the peace shall be at all times obliged to give on receiving six pence; and any clerk of the peace refusing to give such copy within three days after it shall be demanded, shall forfeit the sum of five pounds, to be recovered by civil bill, by any one who shall sue for the same, within six months, and if the head or principal landlord shall so purchase the said trees or coppices from an under tenant, having a right to sell the same, then, from and after the registry of the sale as aforesaid, the said trees shall belong to said landlord in as full and ample a manner as if they were his own original right or royalty, notwithstanding any intermediate term that may exist between the term of the said under tenant, and the estate of the said landlord.
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Where lease uncertain, tenant shall have 1 year from expiration to cut, &c.
making reasonable compensation.
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IX. And be it enacted, That when the term of the tenant intitled to the property of the trees, by this act, shall be for life or uncertain, the said tenant shall have the same liberty for the space of one year after the expiration of his lease, to enter upon said lands, and to cut, carry away, and dispose of the said trees, as if his lease had been unexpired, making such reafonable compensation for damages incurred by so doing, as shall be awarded by two of the neighbours, who shall be appointed by the next residing justice of the peace for said county, by an order under his hand, and which two neighbours shall, in case of difference between them, call in a third.
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Reversioner intending to purchase must give 6 months notice to tenant,
then on petition and notice served 21 days before on tenant,
then or next sessions a jury shall try the value,
on verdict sum declared in open court,
which sum if not paid on or before the next session, the property in tenant.
who may by day, cut and take away months next ensuing, without compensation save for wanton damage, on affidavit valued, &c.
if more than 1 claiming to be purchasers, decided at sessions, remotest preferred.
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X. Provided always, and be it enacted, That if any person intitled to the reversion or inheritance of said lands mediately or immediately, shall be inclined to purchase said trees, such person may at any time within six calendar months, serve a notice in writing to said tenant to desist from cutting said trees, who on receipt of such notice is hereby enjoined to desist from cutting the same; and the said persons so intitled to the reversion or inheritance, may apply by petition to the justices at some quarter sessions of the peace for said county, or county of a city, setting forth his, her, or their title, and his, her, or their intention to purchase said trees, and upon said petition received, and proof made to the said justices, that notice was duly served on said tenant, twenty one days before the quarter sessions, of the landlord’s intention to apply to said justices at said quarter sessions, by petition as aforesaid, then the said justices shall, either at said quarter sessions, or at the next ensuing, at their discretion, cause a jury to be impannelled, which jury shall try and determine the value of said trees, allowing for the expence of selling them, and for the damage that would be incurred by so doing; and the justices shall, on receiving the verdict, immediately declare in open court, the sum to be paid by the inheritor or reversioner for said trees; and if the said reversioner or inheritor shall not pay to the said tenant, or to his or her legal representative, the sum so awarded, or lodge the same with the county treasurer, for the use of the said tenant, or his or her representative, at or before the general quarter sessions then next ensuing, then the justices at said next quarter sessions shall declare in open court, that the said trees are the property of said tenant, or his or her representative; and the same shall have power to enter upon said lands, and to cut and take away said trees at any and all times during six months then next ensuing, between sun-rise, and sun-set, without paying any compensation for the damage he shall do, unless be shall commit wanton and unnecessary damage, upon affidavit whereof the next resident justice shall cause the said wanton and unnecessary damage to be valued by two neighbours, who, in case of difference shall call in a third; and if there shall be more persons than one claiming to become purchasers of said trees, at the proper time of claiming as aforesaid, the justices at said sessions, shall, in a summary way, decide which claimant shall be preferred, preferring the more remote inheritor or reversioner, to the more immediate.
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On private sale to reversioner, registered, &c. in 6 months, the property inpurchaser,
clerks, see in position, affidavit and registering 6d. each.
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XI. And be enacted, If any tenant, or his representative, intitled to cut down said trees as aforesaid, shall sell his or her right or title to the same, to any reversioner or inheritor by private bargain, and that the said sale or bargain shall be registered in the manner prescribed in this act for registering bargains at any time within the six months, during which he or she has a right to cut the said trees, then said trees shall be deemed the property of the purchaser; and the fees to be taken by the clerk of the peace for filing and entering every petition, shall be six pence; and for filing and copying every affidavit, six pence and for registering a sale of trees, six pence.
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Surrender to body corporate a new lease, not an expiration,
every renewal a continuance as to benefit of planting.
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XII. And be it enacted, That the surrender of any lease for years, or for a life or lives, of any lands to any body corporate ecclesiastical or lay, for the purpose of taking a new lease thereof, shall not be considered as an expiration of the term surrendered, so far as the same respects this act, but that every renewal shall be considered as a farther continuance of the original term, and the tenant shall enjoy all benefit of planting given by this act, in as full and ample a manner, as if the additional term of years, or the additional lives had been contained in his or her original lease.
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Fresh wroght timber seized on suspicion by a justice or person authorized;
if no satisfactory account, triple value to poor and informer, or most active constable.
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XIII. And whereas it is usual with timber-stealers to saw and work up as soon as possible the green timber they have illegally possessed themselves of; and it is not clearly understood, that justices of the peace, or those authorized by their warrant, have a power by any act now in force, to seize such wooden ware, and wrought-up timber, as are offered to sale by suspected persons: be it enacted by the authority aforesaid, That any justice of the peace, or person authorized under his hand and seal for that purpose, shall have power to seize all fresh wrought timber, whether wooden ware, cars, carts, fork or shovel handels, hoops, ploughs, harrows, or rakes tails, when found in possession of any person or persons suspected of having become illegally possessed of the same; and if such person or persons cannot give a satisfactory account of having procured them honestly, he or they shall be liable to such penalty, not exceeding triple the customary value of such wooden ware, carts, cars, fork or shovel handles, hooks, ploughs, harrows, or rakes tails, so found in their possession, as the said justice shall adjudge, one half thereof to the use of the poor of the parish, and the other moiety to the informer; or if there be none, to such sub or petty constable or wood-ranger, as shall appear to the justice before whom the offender is convicted, to have been most active in carrying the law into execution.
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If offering for sale such green timber an security by a to appear, may sell.
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XIV. Provided nevertheless, That if such person or persons so offering to sale such green wrought timber, shall give the security of two responsible persons to such justice of the peace, or person authorized under him, for his, her, or their appearance before such justice at a day and hour appointed, in order to exonerate themselves of the charge made against them, relative to such wrought timber, he, she, or they may have liberty to sell the same.
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And if such persons consisted committed till line paid; 1st offence not more than 3 months, 2d, 6 months, 12 months every other.
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XV. And provided also, That if such person or persons, when convicted before a justice of the peace as aforesaid, shall not immediately pay the fine ordered by said justice, he or they shall be committed to the house of correction, or county gaol, until such fine shall be paid; or if not paid, to remain there without bail or mainprize for such time as the said justice shall direct, not exceeding three months for the first offence, six for the second, and twelve for every such offence as he or they shall again commit.
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On a second conviction for destroying trees, fined 6l. but not above 10l. or imprisoned 6 months.
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XVI. And whereas the practice of timber stealing is well known to have been carried on for a length of time by the same idle and disorderly person or persons, notwithstanding their having been often convicted and fined for such offences: be it enacted, That all persons once convicted of cutting down, grubbing up, barking, or otherwise destroying any tree or trees, without the consent of the owner, before any justice of the peace, shall be liable upon conviction for their second offence, to such fine, not less than five pounds, nor more than ten pounds, as to such justice shall seem proper, to be disposed of in manner as in this act is before recited; or on non-payment thereof, to six months imprisonment, and for their third offence, to a penalty of ten pounds, or on non-payment thereof, to an imprisonment for any time not exceeding twelve months, nor less than six.
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To enter grub trees by night without consent of owner.
felony.
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XVII. And whereas the practice of cutting down trees in the night, without the consent of the owner, has of late very much increased: be it enacted by the authority aforesaid, That from and after the passing of this act, every person or persons who shall cut down or grub up any tree or trees between sunset and sunrise, without the consent of the owner or owners, or shall be found cutting down or grubbing up between sunset and sunrise, any tree or trees, without the consent of the owner or owners, shall, upon information being given on oath of one or more credible witnesses, before any justice of the peace of the county in which such tree or trees hath or have been so cut down or grubbed up, be committed to the county gaol as a felon, and being convicted of such offence at the general assizes to be held for said county, shall suffer the pains and penalties of felony.
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Owners may pursue remedy, as by 7G. 3. c 23.
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XVIII. Provided nevertheless, That nothing herein contained, shall prevent the owner or owners of such tree or trees so cut down or grubbed up, from pursuing (if he shall think proper), such remedies as are prescribed in an act passed in the seventh year of his present Majesty George the Third’s reign, chapter the twenty third, entitled, An act for the preservation of woods and timber trees, in place of those prescribed in the clause foregoing.
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20s on owner for every great trespassing,
on oath by witness, before a justice:
goat taken by owner of plantation trespassing, he may convert to his own use.
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XIX. And whereas the keeping of goats either in wood-lands, or in any improved country, greatly tends to the destruction of timber: be it enacted, That from and after the passing of this act, upon complaint made before any justice of the peace, of any damage or trespass committed by any goat or goats, the party owning the same shall be summoned before said justice, and on proof of said trespass being made, on the oath of one credible witness, such owner of the goats may be fined any sum not exceeding twenty shillings for every goat so trespassing, as said justice of the peace shall think fit, to be paid to the complainant if he shall demand the same, or otherwise to the church wardens for the use of the poor of the parish; and if any person shall find a goat trespassing in his or her plantation, he may take the same, and keep or dispose of them, as his or her own property.
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5l. reward to informer on conviction of cutting down illegally to the value of 5l.
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XX. Be it further enacted, That if any person or persons shall discover and prosecute to conviction any person or persons who shall illegally cut down any tree or trees, of the value of five shillings or upwards, he, she, or they shall be entitled to, and receive as a reward, for his, her, or their trouble and expence, the sum of five pounds, the same to be levied by presentment of the grand jury at the assizes on the parish in which such offence shall be committed.
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presented on the parish.
This act not to extend to plantations by covenant.
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XXI. And be it enacted, That nothing herein shall be construed to extend or relate to any trees planted, or to be planted in pursuance of any covenant contained in any lease, nor to affect or invalidate any such covenants.
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Nor to tenants, evicted for non payment of rent.
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XXII. And be it enacted, That nothing herein contained shall extend to tenants evicted for non-payment of rent.
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