The stealing, &c. of records and other proceedings of courts of justice. Misdemeanor. Punishment. The stealing, &c. of wills. Misdemeanor. The stealing of writings relating to real estate. Misdemeanor. Punishment. Indictment for such offence. These provisions as to wills and writings XXI. And be it enacted, that if any person shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy, any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order, or decree, or any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated in any such court, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence is committed, is the property of any person, or that the same is of any value. XXII. And be it enacted, that if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned; and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of any value. XXIII. And be it enacted, that if any person shall steal any paper or parchment, written or printed, or partly written and partly printed, being evidence of the title or of any part of the title to any real estate, every such offender shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned; and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof; and it shall not be necessary to allege the thing stolen to be of any value. XXIV. Provided always, and be it enacted, that nothing in this act contained relating to either of the misdemeanors aforesaid, nor any proceeding, conviction, or judgment to be shall not lessen had or taken thereupon, shall prevent, lessen, or impeach any remedy any remedy at law or in equity which any party aggrieved by which the aggrieved now any such offence might or would have had if this act had not has. been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no person shall be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt. XXV. And be it enacted, that if any person shall steal any Stealing horses, horse, mare, gelding, colt or filly, or any bull, cow, ox, heifer cows, and or calf, or any ram, ewe, sheep or lamb, or shall wilfully kill sheep, &c. 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. Felony. Stealing, &c. deer in any inclosed ground, felony. XXVI. And be it enacted, that 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 inclosed part of any forest, chace, 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; and if any person shall unlaw- The like in cerfully and wilfully course, hunt, snare, or carry away, or kill tain uninclosed or wound, or attempt to kill or wound, any deer kept or ground punishable summarily. being in the uninclosed part of any forest, chace, or purlieu, he shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding See post, s. 66 fifty pounds, as to the justice shall seem meet; and if any and 67. person who shall have been previously convicted of any offence relating to deer for which pecuniary penalty is by Deer-stealing in this act imposed, shall offend a second time, by committing uninclosed any of the offences hereinbefore last enumerated, such second ground after offence, whether it be of the same description as the first any other ofoffence or not, shall be deemed felony, and such offender, deer, felony. being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. fence as to sons found in XXVII. And be it enacted, that if any deer, or the head, Suspected perskin, or other part thereof, or any snare or engine for the taking of deer, shall by virtue of a search warrant, to be granted as hereinafter mentioned, be found in the possession of any person or on the premises of any person with his knowledge, possession of venison, &c. and not satisfactorily accounting for it In case they cannot be convicted, how the justice may proceed. Setting engines for taking deer, or pulling down park fences. Decr-keepers, offenders who, Resistance to keepers, &c. in the execution of their duty. Punishment. Killing, &c. hares or conies and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by such deer, or the head, skin, or other part thereof, or had a lawful occasion for such snare or engine, and did not keep the same for any unlawful purpose, he shall, on conviction by the justice, forfeit and pay any sum not exceeding twenty pounds; and if any such person shall not under the provisions aforesaid be liable to conviction, then, for the discovery of the party who actually killed or stole such deer, it shall be lawful for the justice, at his discretion, as the evidence given and the circumstances of the case shall require, to summon before him every person through whose hands such deer, or the head, skin, or other part thereof, shall appear to have passed; and if the person from whom the same shall have been first. received, or who shall have had possession thereof, shall not satisfy the justice that he came lawfully by the same, he shall, on conviction by the justice, be liable to the payment of such sum of money as is hereinbefore last mentioned. XXVIII. And be it enacted, that if any person shall unlawfully and wilfully set or use any snare or engine whatsoever, for the purpose of taking or killing deer, in any part of any forest, chace, or purlieu, whether such part be inclosed or not, or in any fence or bank dividing the same from any land adjoining, or in any inclosed land where deer shall be usually kept, or shall unlawfully and wilfully destroy any part of the fence of any land where any deer shall be then kept, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. XXIX. And be it enacted, that if any person shall enter into any forest, chace, or purlieu, whether inclosed or not, or into any inclosed land where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, it shall be lawful for every person entrusted with the care of such deer, and for any of his assistants, whether in his presence or not, to demand from every such offender any gun, firearms, snare, or engine in his possession, and any dog there brought for hunting, coursing, or killing deer, and in case such offender shall not immediately deliver up the same, to seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer; and if any such offender shall unlawfully beat or wound any person entrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, 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. XXX. And be it enacted, that if any person shall unlaw fully and wilfully in the night-time take or kill any hare or in a warren in coney in any warren or ground lawfully used for the breeding the night-time. 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; and if any person shall unlawfully and wilfully in the daytime The like in the take or kill any hare or coney in any such warren or ground, daytime. or shall at any time set or use therein any snare or engine for the taking of hares or conies, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet: Provided always, that nothing Proviso. herein contained shall affect any person taking or killing in the daytime any conies on any sea-bank or river-bank in the county of Lincoln, so far as the tide shall extend, or within one furlong of such bank. in confinement, XXXI. And be it enacted, that if any person shall steal Stealing dogs, any dog, or shall steal any beast or bird ordinarily kept in a or stealing state of confinement, not being the subject of larceny at beasts or birds common law, every such offender, being convicted thereof ordinarily kept before a justice of the peace, shall for the first offence forfeit and not the suband pay, over and above the value of the dog, beast or bird, jects of larceny. such sum of money, not exceeding twenty pounds, as to the justice shall seem meet: and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, Punishment. there to be kept to hard labour for such term not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction. XXXII. And be it enacted, that if any dog or any such beast, or the skin thereof, or any such bird, or any of the plumage thereof, shall be found in the possession or on the premises of any person by virtue of a search warrant, to be granted as hereinafter mentioned, the justice by whom such warrant was granted may restore the same respectively to the owner thereof; and the person in whose possession or on whose premises the same shall be so found (such person knowing that the dog, beast, or bird has been stolen, or that the skin is the skin of a stolen dog or beast, or that the plumage is the plumage of a stolen bird) shall, on conviction before a justice of the peace, be liable for the first offence to such forfeiture, and for every subsequent offence to such punishment, as persons convicted of stealing any dog, beast, or bird are herein before made liable to. Persons found in possession of stolen dogs, &c. liable to penalties. Killing pigeons. Taking fish in any water situated in land belonging to a dwelling house in any private fishery elsewhere. and 57. XXXIII. And be it enacted, that 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, every 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 two pounds. XXXIV. And be it enacted, that if any person shall unlawfully and wilfully take or destroy any fish in any water which shall run through or be in any land adjoining or belonging to the dwelling house of any person being the owner of such water, or having a right of fishery 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 private property, or in which there shall be any private right of fishery, every such offender, being convicted thereof before a justice of the See post, s. 66 peace, shall forfeit and pay, over and above the value of the fish taken or destroyed, (if any,) such sum of money, not exceeding five pounds, as to the justice shall seem meet: Provided always, that nothing hereinbefore contained shall extend to any person angling in the daytime; but if any person shall by angling in the daytime unlawfully and wilfully take or destroy, or attempt to take or destroy, 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 five pounds; and if in any such water as last mentioned, he shall, on the like conviction, forfeit and pay any sum not exceeding two pounds, as to the justice shall seem meet and if the boundary of any parish, township, or vill, shall happen to be in or by the side of any such water as is herein before mentioned, it shall be sufficient to prove that the offence was committed either in the parish, township, or vill named in the indictment or information, or in any parish, township, or vill adjoining thereto. Provision respecting anglers. See post, s. 66 and 67. The tackle of fishers may be seized. Angler on seizure of tackle, exempt from penalty. XXXV. And be it enacted, that if any person shall at any time be found fishing against the provisions of this act, it shall be lawful for the owner of the ground, water, or fishery where such offender shall be so found, his servants, or any person authorized by him, to demand from such offender any rods, lines, hooks, nets, or other implements for taking or destroying fish, which shall then be in his possession, and in case such offender shall not immediately deliver up the same, to seize and take the same from him for the use of such owner: Provided always, that any person angling in the daytime against the provisions of this act, from whom any implements used by anglers shall be taken, or by whom the |