baker vers pierce SC salk holt Mod to charge a man with steal wood be  actionable r send for keb difference between timber and timber tree per  Broderick h I in a action on the case for word John baker steal my boxwood and  I will prove it after a verdict for the plaintiff sergeant Darnall move in  arrest of judgement Lord Raymond er p that those word be not actionable for  they shall be take to mean wood grow or the like whereof only a trespass can  be commit so to say you be a thief and have steal my timber or my apple or my  hop be not actionable for where word may import either a felony or a trespass  they shall be take in the mild sense unless there be other word to determine  they in the worst sense as to say he steal my timber out of my yard or my hop  in a bag hob clerk vers Gilbert Hutton Herbert v angel so Hutton mason v  Thompson I charge you with felony for take forth from I d s pocket and I will  prove it the word be hold not to be actionable because it shall not be intend  to mean a felony not be direct affirm but holt chief justice and the court  deny that case to be law for the take out of a man pocket must be intend a  felonious take in this case the word may be take to mean boxwood grow and  although the defendant may mean they in the worst sense yet the intent of the  speaker shall not make the word actionable unless the word express it  sufficient suppose the defendant have say he steal my coppicewood Mr Broderick  for the plaintiff these word be actionable and the difference be find on this  rule arbour dumb to come into being lignum cum to come into being not know and  therefore boxwood in this case must be intend wood cut down whereof a felony  may be commit Yelv Higgs v Austin thou have steal as much wood and timber as  be worth twenty shilling adjudge actionable Noy short case roll action  O n 47 48 Lifford and stamp march cro lo and sander smith and ware hob coote  and Gilbert sty cro Lord Raymond the word in this case accord to common  parlance import a thing of which felony may be commit and therefore he pray  judgement for the plaintiff holt chief justice I have hear Twisden justice say  he know no rule to go by in action for word gold justice so say my Lord hale  for all word stand on a different bottom holt chief justice in most case where  such word as these have be hold actionable there be other word of a ill sense  to explain they as I charge you with felony or you be a thief and stealer of  coppicewood be call in common parlance stealer of wood Powell justice No  action will lie for say you have steal my coppicewood for that must be intend  grow but to say general you have steal my wood that must be intend wood cut  down and there be many case find on the difference in that verse cite by Mr  Broderick holt chief justice agree the difference Powell justice to say you be  a thief for you have steal or you be a thief and have steal must mean both the  same and though it be former hold that there be a difference between they yet  vide bull a of late it have be take otherwise for or and be explanatory and  mean both the same thing holt chief justice it have go both way afterward the  court give judgement for the plaintiff that the word be actionable  notwithstanding the opinion in cro to the contrary and holt say sure the  plaintiff must have judgement it be not worth while to be very learned on this  point but where word tend to slander a man and take away his reputation he  shall be for support action for they because it tend to preserve the peace I  remember a story tell by Mr justice Twisden of a man that have bring a action  for scandalous word speak of he and upon a motion in arrest of judgement the  judgement be arrest and the plaintiff be in court at that time say that if he  have think he shall not have recover in his action he will have cut his throat  Powell justice this case in cro cite by my brother Darnall be so but the late  book be contrary and I will stick to the latter authority be ground on so much  reason gold justice say that in the car mich term it be adjudge that these  word thou have steal my wood be actionable Lord Raymond er p