day of and I order that the said sums shall be paid by the said C. D., on or before the next; and I direct that the said sum of five pounds shall be paid to J. S., of, &c." as in the above form, to the end. See Arch. Peel's Acts, p. 99. 7 & 8 Geo. 4, c. 29, s. 34, 35. Taking or destroying fish (except by angling) in any water in or running through land adjoining or belonging to the dwelling-house of the owner or person having right of fishery therein, is an indictable offence. Id. 13. Taking or destroying Fish, by Angling in Water adjoining or belonging to the Dwelling-house of the Owner. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. day BERKSHIRE, to wit: Be it remembered, that on the of, in the year of our Lord, at, in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of —, in the year aforesaid, about the hour of eleven in the forenoon of the same day, at the parish of, in the county aforesaid, in a certain close adjoining [or belonging] to the dwelling-house of E. F., there situate, in a certain pond [or stream] of water there being, whereof the said E. F. was then and there the owner [or "wherein the said E. F. then had a right of fishery"] ten fish, called trout, of the price and value of ten pence, then and there being found, then and there in the said pond, by angling, unlawfully and wilfully did take ["take or destroy, or attempt to take or destroy"]; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [five] pounds, and also to pay the sum of shillings for costs; and in default of immediate pay. ment, to be imprisoned in the [and there kept to hard labour] for the space of- -(see s. 67, ante, p. 229) calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of five pounds shall be paid to J. S. (see s. 66, ante, p. 228) of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided; and I order that the said sum of shillings for costs shall be paid to (the complainant). Given under my hand and seal the day and year first above mentioned. J. P. * If time be given for payment of the penalty, &c. the form may be the same as the above, to the "for costs; and I order that the said sums shall be paid by the said C. D. on or before the day of next; and I direct that the said sum of five pounds shall be paid to J. S., of," &c. as in the above form, to the end. If the tackle of the angler have been taken from him, or given up by him, this exempts him from the penalty, and he cannot be convicted. See Arch. Peel's Acts, p. 99. 7 & 8 Geo. 4, c. 29, s. 34, 35. 14. Taking or destroying Fish, by angling elsewhere. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. BERKSHIRE, to wit: Be it remembered, that on the of- in the year of our Lord at day in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of, in the year aforesaid, about the hour of eleven in the forenoon of the same day, at the parish of in the county aforesaid, in a certain pond [or stream] of water there situate, the private property of E. F., [or wherein E. F. then had a private right of fishery] ten fish, called trout, of the value of ten pence, then and there being found, then and there in the said pond, by angling, unlawfully and wilfully did take ["take or destroy, or attempt to take or destroy]; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [two] pounds, &c. as in the last form, to the end. If the tackle of the angler have been taken from him, or delivered up by him, this exempts him from the penalty, and he cannot be convicted. See Arch. Peel's Acts, p. 99. 7 & 8 Geo. 4, c. 29, s. 34, 35. TREES, SHRUBS, &c. 15. Stealing Trees, Shrubs, &c. of the value of 1s. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. day BERKSHIRE, to wit: Be it remembered, that on the of, in the year of our Lord, at, in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of , in the year aforesaid, at the parish of -, in the county aforesaid, one ash tree ["the whole or any part of any tree, sapling, or shrub, or any underwood"] of the value of two shillings, the property of E. F., then and there growing, unlawfully did steal, take, and carry away; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [five] pounds, over and above the value of the said tree so stolen as aforesaid, and the further sum of two shillings, being the value of the said tree, and also to pay the sum of shillings for costs, and in default of immediate payment of the said sums, to be imprisoned in the [and there kept to hard labour] for the space of (see s. 67, ante, p. 229) calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of five pounds shall be paid to J. S., (see s. 66, ante, p. 228) of aforesaid, in which the said offence was committed, to be by him applied according to the direction of the statute in that case made and provided; and that the said sum of two shillings shall be paid [to the said E. F.; or if he have been examined in proof of the offence," also to the said J. S., E. F. the owner of the said tree having been examined in proof of the offence aforesaid"]; and I order that the said shillings for costs shall be paid to sum of (the com plainant). Given under my hand and seal, the day and year first above mentioned. J. P. *If time be given for payment of the penalty, &c. the conviction may be the same as the above form, to the*]"for costs; and I order that the said sums shall be paid by the said C. D., on or before the day of next: and I direct that the said sum of five pounds shall be paid to J. S., of," &c. as in the above form, to the end. See Arch. Peel's Acts, p. 113. 7 & 8 Geo. 4, c. 29, s. 39. In what cases punishable upon indictment, see 7 & 8 Geo. 4, c. 29, s. 38; Arch. Peel's Acts, 109-112. 16. Cutting or damaging Trees, Shrubs, &c., with Intent to steal them, where the Injury done amounts to ls. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. at day in the BERKSHIRE, to wit: Be it remembered, that on the of, in the year of our Lord · county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of, in the year aforesaid, at the parish aforesaid, in the county aforesaid, one ash tree ["the whole or any part of any tree, sapling, or shrub, or any underwood"], the property of E. F., then and there growing, unlawfully did cut and damage ["cut, break, root up, or otherwise destroy or damage"], with intent the same then and there [feloniously] to steal, take, and carry away, thereby then and there doing injury unto the said E. F., to the amount of two shillings; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [five] pounds, over and above the amount of the injury so done as aforesaid, and the further sum of two shillings, being the amount of the said injury, and also to pay the sum of shillings for costs, and in default of immediate payment of the said sums, to be imprisoned -, [and there kept to hard labour] for the space of (see s. 67, ante, p. 229) calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of five in the * pounds shall be paid to J.S., (see s. 66, ante, p. 228) ofaforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, and that the said sum of two shillings shall be paid [to the said E. F.; or if he have been examined in proof of the offence, then thus: " also to the said J. S., E. F. the owner of the said tree having been examined in proof of the offence aforesaid"]; and I order that the said sum of shillings for costs shall be paid to (the complainant). Given under my hand and seal, the day and year first above mentioned. J. P. If time be given for payment of the penalty, &c., the conviction may be the same as the above form, to the *] "for costs; and I order that the said sums shall be paid by the said C. D., on or before the day of next; and I direct that the said sum of five pounds shall be paid to J. S., of," &c. us in the above form, to the end. See Arch. Peel's Acts, p. 113. 7 & 8 Geo. 4, c. 29, s. 39. In what cases punishable upon indictment, see 7 & 8 Geo. 4, c. 29, s. 38; Arch. Peel's Acts, 109-113. 17. Conviction for a second Offence, in either of the two last mentioned Cases. Same as either of the last two forms, to the words] against the form of the statute in that case made and provided: And it is now proved before me the said J. P., that the said C. D. was heretofore, on the day of in the year of our Lord -, duly convicted before justices of the peace for the county of said C. D., on the said, at the parish of day of one of his Majesty's for that he the in the year last aforein the said last mentioned county, one larch tree, of the value of five shillings, the property of G. H., then and there growing, unlawfully did steal, take, and carry away; against the form of the statute in that case made and provided and the said C. D. was thereupon adjudged, for his said last-mentioned offence, to forfeit and pay the sum of five pounds, over and above the value of the said last mentioned tree so stolen as aforesaid, and the further sum of five shillings, being the value of the said tree, and also to pay the sum of shillings for costs, and in default of immediate payment of the said sums, to be imprisoned in and there kept to hard labour for the space of calendar months, unless the said sums should be sooner paid. I, the said J. P., do therefore adjudge the said C. D., for such his said second offence, of which he is now con |