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9 G. 4.
engine, or other instrument for taking or destroying game, pun. on conv. before two J. P. cor im. to com. g. or h. cor. not ex. 3 cal. m. to H. L. and at the end of Impr. to find sureties by recognizance, or in Scot. by bond of caution, himself in 101. and two sureties in 51. each, or one surety in 101. not to offend again for one year; and not finding such sareties, then to be further Impr. and H. L. not ex. 6 cal. m. unless sureties sooner
found. 9 Geo. 4. e. 69. s. l. Second offence. Offending a second time, (a) on conv. be
fore 2 Js. P. comm. to com. g. or h. cor. not ex. 2 cal. m. to H. L. and at the end of Impr. to find sureties as above, himself in 201. and two sureties in 101. each, or one surety in 201. and not to offend again for 2 yrs.; and not finding such sureties, to be further Impr. with H. L. for 1 yr. unless such
sureties sooner found. Third offence.
Any person being guilty of a third offence,
(a) Qu. Is it necessary to constitute a second offence, that the party should commit precisely the same offence in both instances ? Suppose a party killed game in the night the first time, and he wei
out with intent to kill game the second, as this is a penal stat. could be be considered to have committed a second offence ?
misd. (a) and on conv. pun. at the disc. of 9G. 4.
like offences in Scot. the like pun. Id. s. l. Offences punishable by Indictment. See p. 61.
ante. GAMING. Assault and challenges on acct. of money won at
assaults and challenges punishable with 2 yrs.
9 Ann. c. 14.
ing, or damaging with intent to steal, any
(a) The third offence being a transportable misd. one J. may commit the offender for trial at the assizes or q. sess. and as the offence is only a misd. the prisoner is entitled to be admitted to bail.
7 & 8 G.4. c. 29.
6 cal. m. or else forfeit and pay over and
Geo. 4. c. 29. s. 42.
ceny. (a) Ia.
parks, gardens, pleasure grounds, &c. of the
value of ll. or elsewhere of the value of 5. Stealing, or cutting with intent to steal, break
ing, rooting up or otherwise destroying, or damaging with intent to steal, the whole or any part of any tree, sapling or shrub, or any underwood respectively growing in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house, (if the value of the article, or articles stolen, or amount of injury done, ex. 12.) fel. pun. as for simple larceny (a). If growing elsewhere than in the above situations (if the value of the article or articles stolen or injury done ex. 51. fel.
pun. as above. 7 & 8 Geo. 4. c. 29. s. 38. Destroying trees or shrubs in parks, gardens,
&c. of the value of 11. Unlawfully and maliciously cutting, breaking,
barking, rooting up or otherwise destroying
(a) See Larceny, post, for the punishment.
If a male, to be once, twice or thrice pub. or priv. W. in add. to Imp. (if the Ct. thinks fit.) 7 & 8 Geo. 4. c. 30. s. 19. Destroying trees, shrubs, &c. of the value of 51.
e lsewhere than in the situations abovemen-
of the above which the Ct. may award for the fel, last above mentioned. Id. The like offence (Summary Conviction,) where
the trees, &c. wheresoever growing, are of the
or twice pub. or priv. W. after the end of 4 days from conv. Any other subsequent offence is fel. pun. as any of the punishments
mentioned s. 19. p. 69. ante. Destroying vegetable productions in gardens,
hothouses, &c. Summary Conviction. -Unlawfully and mali
ciously destroying, or damaging with intent to destroy, any plant, root, fruit, or vegetable production growing in any garden, orchard, nurery-ground, hothouse, green-house or conservatory, pun. on conv. before a J. P. at bis disc, comm. to the com. g. or h. of cor. there to be Impr. only, or Impr. with H. L. not ex. 6 cal. m. or else forfeit and
above the amount of injury done, not ex. 201. as the J. P. shall think fit. (a) Committing any of the said offences again, fel. pun. as for fel. above mentioned, s. 19. p. 69, ante.
7 & 8 Geo. 4. c. 30. s. 2. GREENWICH PENSIONERS. Personating. See Falsely Personating, p. 53.
(a) For the summary mode of proceedings against offenders, see Summary Conviction, Malicious Injuries, post.