Imatges de pàgina
PDF
EPUB

• shall wilfully kill any of such cattle with intent to steal “ the carcase or skin, or any part of the cattle so killed," every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon.

But by 2 & 3 Will. IV. c. 62, s. 1, so much of the 7 & 8 Geo. IV. c. 29, as inflicts the punishment of death upon persons convicted of these offences is repealed, and it is provided that every person convicted of the same, or of counselling, aiding or abetting the commission thereof, shall be transported beyond the seas for life.

And by 3 & 4 Will. IV. c. 44, s. 3, all persons punishable by transportation for life under the 2 & 3 Will. IV. c. 62, shall be liable, previously to their being transported, in case the court shall think fit, to be imprisoned, with or without hard labour, in the common gaol or house of correction, or to be confined in the penitentiary, for any term not exceeding four years nor less than one year.

The provisions of 7 & 8 Geo. IV. c. 29, s. 61, as to accessaries after the fact, and of sect. 4 as to the place and mode of imprisonment, (vide sup. 168,) apply to this offence.

20. Offences as to Deer. By 7 & 8 Geo. IV. c. 29, s. 26, “ if any person shall un“ lawfully and wilfully course, hunt, snare or carry away, “ or kill or wound, or attempt to kill or wound, any deer “ kept or being in the inclosed part of any forest, chase or “ purlieu, or in any inclosed land wherein deer shall be “ usually kept,” every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. As to the punishment of simple larceny, v. sup. 168.

The provisions of s. 61, as to accessaries before and after the fact, and of s. 4, as to the place and mode of imprisonment, (v. sup. 168,) apply to this offence.

By same section, 26,“ if any person shall unlawfully and “ wilfully course, hunt, snare or carry away, or kill or wound, " or attempt to kill or wound, any deer kept or being in the “ uninclosed part of any forest, chase or purlieu," he shall

N

for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding £50, as to the justice shall seem meet.

By same section, if any person shall commit any of the offences relating to deer above enumerated, for which a pecuniary penalty is imposed, after a previous conviction for an offence relating to deer punishable by pecuniary penalty, the second offence shall be felony and punishable like simple larceny, (v. sup. 168.)

The provisions of s. 61, as to accessaries before and after the fact, and of s. 4, as to the place and mode of imprisonment, (v. sup. 168,) apply to this offence.

By same act, sect. 27, being found under a search warrant in possession of deer or engines for taking deer, and not satisfactorily accounting for them, is made an offence punishable, upon conviction before a justice of the peace, with a pecuniary penalty.

By same act, sect. 28, setting or using engines for taking or killing deer in any forest, &c. is made an offence punishable upon conviction before a justice of the peace with a pecuniary penalty.

By same sect. destroying the fence of land where deer are kept is made an offence punishable, upon conviction before a justice of the peace, with a pecuniary penalty.

Bys. 29, offenders as to deer, unlawfully beating or wounding keepers, &c. in execution of their powers under the act, are guilty of felony, and punishable as in simple larceny, v. sup. 168.

The provisions of s. 61, as to accessaries before and after the fact, and s. 4, as to the place and mode of imprisonment, (v. sup. 168,) apply to this offence.

20. Taking Hares or Conies in Warrens, &c. By 17 & 8 Geo. IV. c. 29, s. 30, “ if any person shall “ unlawfully and wilfully, in the night-time, take or kill “ any hare or coney in any warren or ground lawfully used “ for the breeding or keeping of hares or conies, whether “ the same be inclosed or not,” every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly.

By the same section the taking or killing hares or conies in any such warren or ground in the day-time, or using any engine, &c. for that purpose at any time, is made an offence punishable, upon conviction before a justice of the peace, with a pecuniary penalty.

The provisions of sect. 4, as to the place and mode of imprisonment, (v. sup. 168,) apply to such of these offences as amount to misdemeanor.

21. Stealing Dogs, or Beasts, or Birds ordinarily kept

in Confinement, but not the Subjects of Larceny at Common Law.

By 7 & 8 Geo. IV. c. 29, s. 31, this is made an offence punishable, upon conviction before a justice of the peace, with a pecuniary penalty, but in case of a second or subsequent conviction, imprisonment with hard labour, &c. with the addition (upon conviction before two justices) of whipping. 22. Having in Possession Dogs, or Beasts, or Birds,

ordinarily kept in Confinement, (but not the subject of Larceny at Common Law,) knowing the same to be stolen.

By 7 & 8 Geo. IV. c. 29, s. 32, this is made an offence punishable, upon conviction before a justice of the peace, to the same punishment as dog-stealing, v. sup.

23. Taking Pigeons. By 7 & 8 Geo. IV. c. 29, s. 33, “ if any person shall “ unlawfully and wilfully kill, wound or take any house“ dove or pigeon under such circumstances as shall not “ amount to larceny at common law," any such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the bird, any sum not exceeding £2.

24. Taking Fish. By 7 & 8 Geo. IV. c. 29, s. 34, “ if any person shall “ unlawfully and wilfully take or destroy any fish in any “ water which shall run through or be in any land ad“ joining or belonging to the dwelling-house of any person “ being the owner of such water or having a right of “ fishing therein,” every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly.

“ And if any person shall unlawfully and wilfully take " or destroy, or attempt to take or destroy, any fish in any “ water not being such as aforesaid, but which shall be pri“ vate property, or in which there shall be any private right “ of fishery,” every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, besides the value of the fish taken, a penalty not exceeding £5.

Provided always, that nothing hereinbefore contained shall extend to any person angling in the day-time, but if any person shall “ by angling in the day-time unlawfully " and wilfully take or destroy, or attempt to take or de“ stroy, any fish in any such water as first mentioned,” he shall, on conviction before a justice of the peace, forfeit and pay any sum not exceeding £5; and if in any such water as last-mentioned he shall, on the like conviction, forfeit and pay any sum not exceeding £2, as to the justice shall seem meet, &c.

Sect. 4 of the act as to the place and mode of imprisonment (v. sup. 168,) applies to such of these offences as amount to misdemeanor.

25. Stealing Oysters. By 7 & 8 Geo. IV. c. 29, s. 36, “ if any person shall “ steal any oysters or oyster brood from any oyster bed, “ laying or fishery, being the property of any other person, “ and sufficiently marked out or known as such,” every such offender shall be deemed guilty of larceny, and being convicted thereof shall be punished accordingly. (As to the punishment of larceny, vide sup. p. 168.)

“ And if any person shall unlawfully and wilfully use “ any dredge or any net, instrument or engine whatsoever “ within the limits of any such oyster fishery, for the pur“pose of taking oysters or oyster brood, although none “ shall be actually taken, or shall, with any net, instrument “ or engine, drag upon the ground or soil of any such “ fishery,” every such person shall be deemed guilty of a misdemeanor, and being convicted thereof shall be punished by fine or imprisonment or both, as the court shall award, such fine not to exceed £20, and such imprisonment not to exceed three calendar months.

And there is a proviso that nothing herein contained shall prevent any person from catching or fishing for any floating fish within the limits of any oyster fishery with any nei, instrument or engine adapted for taking floating fish only.

The provisions of sect. 61 & 4, (vide sup. 168,) apply where any of these offences amount to felony, and sect. 4 where they amount to misdemeanor.

26. Stealing Ores, fc. in Mines. By 7 & 8 Geo. IV. c. 29, s. 37, “ if any person shall “ steal, or sever with intent to steal, the ore of any metal “ or any lapis calaminaris, manganese or mundick, or any “ wad, black cawke or black lead, or any coal or canal coal, “ from any mine, bed or vein thereof respectively," every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. (As to which, vide sup. p. 168.)

The provisions of sect. 61, as to accessaries before and after the fact; and sect. 4, as to the place and mode of imprisonment (vide sup. 168,) apply to this offence.

27. Stealing Trees, fc. By 17 & 8 Geo. IV. c. 29, s. 38, “ if any person shall “ steal, or shall cut, break, root up or otherwise destroy

« AnteriorContinua »