CLIII. Trin. 26 Eliz. In the Common Pleas.
IT is Enacted by the Statute of 5 Eliz. Cap. 8. That no per∣son shall cut down any Oak Trees but between the first day of April, and the last day of June, but Timber imployed and bestowed in or about Buildings or Reparations of Houses, &c. And upon an Information upon that Statute, the Defendant pleaded, That he cut down the said Oak Trees and thereof made Laths to be bestowed in building, and that he had sold them to J.S. who had imployed part of them in building, and is imploying the residue in the same manner. Windham, The intent of the Defendant in cutting down the Oaks, was not to have them imployed in build∣ing, but to sell them: Although it is not necessary for the satis∣faction of that Statute, that the Oaks presently after the cutting be imployed about building; For if the Lessee of a Messuage, who is to have House-bote, seeing that his Messuage will want repara∣tion, cutteth down a Tree for such intent, although there be not such urgent occasion at present, that it ought to be presently repai∣red, the same shall not be said Trespass; for it is good Husbandry to have such Timber to be seasonable, which cannot be, without some reasonable time between the cutting down and the imploy∣ment. Periam, If at the time of the cutting, the Vendor or Vendee had an intent to employ them about building, it is good enough: And it is a strong Case here, because the Defendant imploys the Timber himself in Laths, which is not of any use but for building; and cannot be made but of Timber.