7 & 8 G. 4. c. 29.

s. 21.

LARCENY-continued.

ing the custody thereof, or unlawfully and maliciously obliterating, injuring or destroying any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, warrant of attorney, or any original document belonging to any Ct. of Record, civil or criminal, or relating to any matter depending or terminated in such Ct. or any bill, answer, interrogatory, deposition, order, or decree, or any document belonging to any Ct. of Equity, or relating to any matter depending or terminating in such Ct. misd. pun. at the disc. of the Ct. Tr. 7 yrs. or fine or Impr. or both, as the Ct. shall award.

In the ind. for this offence it is not necessary to allege the article destroyed, &c. to be the property of any person or of any value. Id. s. 21.

Stealing, destroying, or concealing wills. Id. Destroying or concealing for any fraudulent purpose, any will, codicil, or other testamentary instrument, whether relating to real or personal estate or both, misd. pun. as last mentioned, s. 21.

In the ind. for this offence, it is not necessary to allege the will, &c. to be the property of any person, or of any value.

Id.

LARCENY-continued.

See saving clause and exemption from pun. 7 & 8 G. 4.

s. 24. p. 108, post.

Stealing or destroying writings of real estate.

c. 29.

Stealing any paper or parchment written or s. 21.

printed, or partly written and partly printed,
being evidence of the title or any part of the
title to any real estate, (a) misd. pun. as
last mentioned, (s. 21). Id. s. 23.

In the ind. for this offence, it shall be s. 23.
sufficient to allege the thing stolen to be
evidence of the title, or of part of the title
of the person or persons having a present
interest whether legal or equitable in the
real estate, and to mention the real estate,
or some part thereof; and it is not neces-
sary to allege the thing to be of any value.
Id. s. 23.

As to exemption from pun. in certain cases, see
the following section.

Saving of the remedies at law and in equity.
Nothing in this act contained relating to either s. 24.
of the misdemeanors aforesaid, nor any pro-
ceeding, conviction, or judgment to be had
or taken thereupon, shall prevent, lessen, or
impeach any remedy at law or in equity,

(a) By these words it seems that the stealing leases for terms, or deeds of a less value, would not be comprized within the meaning of this clause.

7 & 8 G.4. c. 29.

s. 25.

which any party aggrieved by any such offence might or would have had, if this act had not 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. Id. s. 24. Exemptions from punishment in certain cases. No person shall be liable to be convicted of either of the misd. (s. 22 and 23 last mentioned) by any evidence whatever in respect

of
any act done by him, if he shall at any
time previously to his being ind. for such
offence have disclosed such act on oath, in
in consequence of any compulsory process of
any Ct. of law or equity in any action, suit
or proceeding which shall have been boná
fide instituted by any party aggrieved, or if
he shall have disclosed the same in any ex-
amination or deposition before any commis-
sioners of bankrupt. Id.

Stealing horses, sheep, or cattle.

Stealing any horse, mare, gelding, colt or filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb, or wilfully killing any such cattle (a) with intent to steal the

(a) In an indict. for stealing a sheep or other cattle, it must be laid to be of some value. Rex v. Peel, Russ. & Ry. 407.

LARCENY-continued.

carcase or skin, or any part thereof, fel. pun. 7 & 8 G.4. D. Id. s. 25.

Deer stealing. See Deer, p. 40, ante. And Sum

mary Conviction, post.

Power of deer keepers or their assistants to seize guns, engines, dogs, &c.

Any person entering into any forest, chase or purlieu, whether inclosed or not, or into any inclosed land, where deer are usually kept, with intent to hunt, course, wound, kill, snare or carry away deer, every person having the care of such deer, and his assistants, whether in his presence or not, are authorized to demand from the offender any gun, fire arms, snare or engine in his possession, and dog brought there for such purposes, and in case the offender shall not immediately deliver them up, to seize and take the same from him in any of the aforesaid places, or upon pursuit made in any other place for the use of the owner of the deer. s. 29. Assaulting deer keepers or their assistants. Unlawfully beating or wounding any person having the care of deer, or his assistants, fel. pun. as for single larceny. Id. s. 29.

Destroying hares or rabbits in warrens or breeding grounds, in the night.

Unlawfully and wilfully in the night time taking

c. 29.

s. 29.

7 & 8 G. 4. c. 29.

s. 36.

or killing any hares or conies, (a) in a warren
or ground used for breeding or keeping hares,
&c. whether inclosed or not, misd. pun. as
for simple larceny. (b) Id. s. 30.

For the like offence in the day time. See
Summary Conviction, post.

Night poaching. See Game, p. 61, ante.

Fish, offences relating to. See p. 55, ante. Oysters, stealing or dredging for. Stealing oysters or oyster brood from any oyster bed, laying or fishery sufficiently marked out or known (c) as such, lar. pun. accordingly. Id. 36.

As to dredging for oysters, see p. 43, ante. Stealing trees and vegetable productions from gardens, &c. if of 17. value, or elsewhere of the value of 51. See p. 67, ante.

The like growing any where of the value of 1s.
See
p. 68, ante.

Stealing fruit, plants, &c. from gardens, or-
hards, &c. See Garden, p. 59.

(a) See Game, p. 61, ante.

(b) For the punishment of simple larceny, see p. 96, ante. (c) It is necessary before any conv. can take place on this sect. that the boundary of the oyster bed, from which the oysters were stolen, should be distinctly proved, because all the king's subjects have a right to fish in the open sea, on the shores of which oyster layings or beds are generally made.