£67
That no person shall break down, or fill up, any ditch,hedge, or dike* by which ground is inclosed, neither shallleap over, nor suffer their horses, cattle, or sheep, to go overthem, under the penalty of L. 10 Scotch, or 16s. fid. Ster-ling, for each and every offence; half of this fine to the partyaggrieved, and the other half to be applied for repairingbridges and public roads in the parish, under th6 directionof the sheriff or justices, before whom the trespass is prose-cuted.
By act 1686, ch. 11, ail heritors or landed proprietors,lifeTenters, tenants, cottagers, or others,' are ordained to causeherd their horses, cattle, sheep, swine, and goats;'during’thewhole year, in winter 1 as well as in summer, and to cause thembe kept during the night in houses, folds, or ihclosures, 1 thatthey may not eat or otherwise destroy any thing, in thegrounds, woods;’hedges,'or plantations' of their neighbours,under the penalty'of half a mel’k Scot's, or 6^d. Sterling'forevery beast that shall so trespass; over‘and above payment ofany damages they may have done. The heritor or occupierof the ground trespassed upon is likewise authorised td detainor impound the trespassing animals, until paid the penaltyand expences of keeping them.
Posterior statutes have chiefly in view the protection oftrees and shrubs within inclosures, which are guarded bymuch higher penalties. By the 6th of Geo. III. ch. 48, a fineof L. 2 is leviable for the first offence, L. 5 for the second, _and for the third, the offender is to be deemed an incorri-gible rogue and vagabond, and punished accordingly. Ifthese penalties are not paid on conviction, the offenders arcto be committed to hard labour, one month for the first of-fence, and three for the second; and also to be whipt, oncein the former case, and thrice in the latter.