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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.

XXVI. And be it enacted, that if any person shall unlawfully and wilfully Stealing, &c. course, hunt, snare, or carry away, or kill or wound, or attempt to kill or deer in any inwound, any deer kept or being in the inclosed part of any forest, chace, or closed ground, purlieu, or in any inclosed land wherein deer shall be usually kept, every such felony. 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 The like in any person shall unlawfully and wilfully course, hunt, snare, or carry away, certain uninor kill or wound, or attempt to kill or wound, any deer kept or being in the closed ground uninclosed part of any forest, chace, or purlieu, he shall for every such of punishable fence, on conviction thereof before a justice of the peace, forfeit and pay such summarily. sum, not exceeding fifty pounds, as to the justice shall seem meet; and if any See post. s. 66 person, who shall have been previously convicted of any offence relating to & 67. deer for which a pecuniary penalty is by this act imposed, shall offend a second Deer-stealing time, by committing any of the offences hereinbefore last enumerated, such in uninclosca second offence, whether it be of the same description as the first offence or ground after not, shall be deemed felony, and such offender, being convicted thereof, any other ofshall be liable to be punished in the same manner as in the case of simple fence as to larceny. deer, felony.

it.

XXVII. And be it enacted, That if any deer, or the head, skin, or other Suspected perpart thereof, or any snare or engine for the taking of deer, shall by virtue of sons, found in a search warrant, to be granted as hereinafter mentioned, be found in the pos- possession of session of any person or on the premises of any person with his knowledge, venison, &c. and such person, being carried before a justice of the peace, shall not satisfy and not satisthe justice that he came lawfully by such deer, or the head, skin, or other factorily acpart thereof, or had a lawful occasion for such snare or engine, and did not counting for keep the same for any unlawful purpose, he shall, on conviction by the justice, See post. s. 63. 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 See post. s. 66 discovery of the party who actually killed or stole such deer, it shall be lawful & 67. for the justice, at his discretion, as the evidence given and the circumstances In case they of the case shall require, to summon before him every person through whose cannot be conhands such deer, or the head, skin, or other part thereof, shall appear to have victed, how the justice 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 may proceed. 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 Setting enset or use any snare or engine whatsoever, for the purpose of taking or killing gines for takdeer, in any part of any forest, chace, or purlieu, whether such part be in- ing deer, or closed or not, or in any fence or bank dividing the same from any land adjoin- pulling down ing, or in any inclosed land where deer shall be usually kept, or shall unlaw- park fences. fully 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 See post. s. 66 twenty pounds, as to the justice shall seem meet.

& 67.

&c. may seize the guns, &c. of offenders who, on demand, do not deliver up the

same.

XXIX. And be it enacted, that if any person shall enter into any forest, Deer-keepers, 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, fire-arms, 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 of Resistance to fender shall unlawfully beat or wound any person entrusted with the care of keepers, &c. the deer, or any of his assistants, in the execution of any of the powers given in the execuby this act, every such offender shall be guilty of felony, and, being convicted tion of their thereof, shall be liable to be punished in the same manner as in the case of duty. simple larceny.

XXX. And be it enacted, that if any person shall unlawfully and wilfully in hares or coKilling, &c.

ren in the Night-time.

The like in

nies in a War- 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; and if any person shall the Day-time. unlawfully and wilfully in the day-time take or kill any hare or coney in any such warren or ground, 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 See post, s. 66. thereof before a justice of the peace, shall forfeit and pay such sum of mo& 67. ney, not exceeding five pounds, as to the justice shall seem meet provided always, that nothing herein contained shall affect any person taking or killing in the day-time 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.

Proviso.

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XXXI. And be it enacted, That if any person shall steal any dog, or shall steal any beast or bird ordinarily kept in a state of confinement, not being the subject of larceny at common law, every such offender, being convicted thereof before a justice of the peace, shall for the first offence forfeit and pay over and above the value of the dog, beast, or bird, 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, 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 hereinbefore made liable to.

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 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 day-time; but if any person by angling in the day-time 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 exceed ing 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 hereinbefore 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.

be seized.

XXXV. And be it enacted, That if any person shall at any time be found The Tackle of fishing against the provisions of this act, it shall be lawful for the owner of Fishers may 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 day-time Angler, on against the provisions of this act, from whom any implemements used by Seizure of his anglers shall be taken, or by whom the same shall be delivered up as aforesaid Tackle, exshall by the taking or delivering thereof be exempted from the payment of empt from any damages or penalty for such angling. Penalty.

XXXVI. And be it enacted, That if any person shall steal any oysters or Stealing or oyster brood from any oyster bed, laying, or fishery, being the property Oysters or of any other person, and sufficiently marked out or known as such, every Oyster Brood such offender shall be deemed guilty of larceny, and, being convicted thereof, from Oyster shall be punished accordingly; and if any person shall unlawfully and wilfully Beds. use any dredge, or any net, instrument, or engine whatsoever, within the liDredging for mits of any such oyster fishery, for the purpose of taking oysters or oyster Oysters withbrood, although none shall be actually taken, or shall, with any net, instru- in the Limits ment, or engine, drag upon the ground or soil of any such fishery, every such of any Oyster person shall be deemed guilty of a misdemeanor, and, being convicted thereof, Fishery. shall be punished by fine or imprisonment, or both, as the court shall award; such fine not to exceed twenty pounds, and such imprisonment not to exceed three calendar months; and it shall be sufficient in any indictment or information to describe, either by name or otherwise, the bed, laying, or fishery in which any of the said offences shall have been committed, without stating the same to be in any particular parish, township, or vill: provided always, that Proviso. nothing herein contained shall prevent any person from catching or fishing for any floating fish within the limits of any oyster fishery with any net, instrument, or engine adapted for taking floating fish only.

XXXVII. And be it enacted, That if any person shall steal, or sever with Stealing from intent to steal, the ore of any metal, or any lapis calaminaris, manganese or certain Mines. mundick, or any wad, black cawke, or black lead, or any coal or cannel 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.

Stealing Trees Shrubs, &c. growing in certain situations, shall be Felony, if the

Value exceeds

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elsewhere, shall be Felony, if the

XXXVIII. And be it enacted, That if any person shall steal, or shall cut, break, root up, or otherwise destroy or damage 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, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound) 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 steal, or shall cut, Stealing break, root up, or otherwise destroy or damage with intent to steal, the Trees, Shrubs, whole or any part of any tree, sapling, or shrub, or any underwood, re- &c. growing spectively growing elsewhere than in any of the situations hereinbefore mentioned, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of five pounds) 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. XXXIX. And be it enacted, That if any person shall steal, or shall cut break, root up, or otherwise destroy or damage with intent to steal the whole or any part of any tree, sapling, or shrub, or any underwood, wheresoever the same may be respectively growing, the stealing of such article or articles, or the injury done, being to the amount of a shilling at the least, every such ofValue above fender, being convicted before a justice of the peace, shall for the first offence 1s., punishforfeit and pay, over and above the value of the article or articles stolen, or able on sumthe amount of the injury done, such sum of money, not exceeding five mary Convicpounds, as to the justice shall seem meet; and if any person so convicted tion for First

Value exceeds
51.

Stealing
Trees, Shrubs,
&c. where-
soever grow-
ing and of any

and Second
Offence;
Third Offence,
Felony.

See post, s. 66.

& 67.

Stealing, &c. any live or dead fence,

wooden fence, stile, or gate, see post. s. 66 & 67.

Suspected persons in

possession of wood, &c. not satisfactorily accounting for it.

See post. s. 63.

See post. s. 66 & 67.

Stealing, &c. any fruit or

vegatable pro

duction in a garden, &c.

punishable on summary con

shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, 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 second 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; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny.

XL. And be it enacted, That if any person shall steal, or shall cut, break, or throw down with intent to steal, any part of any live or dead fence, or any wooden post, pale, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding five 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 correc tion, 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.

XLI. And be it enacted, That if the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile, or gate, or any part thereof, being of the value of two shillings at the least, 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, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, he shall on conviction by the justice forfeit and pay, over and above the value of the article or articles so found, any sum not exceeding two pounds.

XLII. And be it enacted, That if any person shall steal, or shall destroy or damage with intent to steal, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of fence, felony. money, not exceeding twenty pounds, as to the justice shall seem meet; and See post. s. 66 if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny.

viction for

first offence;

second of

& 67.

Stealing, &c. vegetable pro

ductions not growing in gardens, &c.

XLIII. And be it enacted, That if any person shall steal, or shall destroy or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, or nursery ground, every such offender, being convicted before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding one calendar month, or else shall forfeit and pay, over See post. s. 66 and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, together with the costs, (if ordered,) shall be committed as aforesaid, for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said offences, and

& 67.

shall be convicted thereof in like manner, every such offender shall be cont mitted to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six 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.

XLIV. And be it enacted, That if any person shall steal, or rip, cut, or 'break with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed in or to any building whatsoever, or any thing made of metal fixed in any land being private property, or for a fence to any dwelling-house, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished iu the same manner as in the case of simple larceny; and in case of any such thing fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the property of any

person.

XLV. And, for the punishment of depredations committed by tenants and lodgers, be it enacted, That if any person shall steal any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her, or her husband, 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 in every such case of stealing any chattel it shall be lawful to prefer an indictment in the common form as for larceny, and in every such case of stealing any fixture to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire.

XLVI. And, for the punishment of depredations committed by clerks and servants in cases not punishable capitally, be it enacted, That if any clerk or servant shall steal any chattel, money, or valuable security belonging to or in the possession or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such imprisonment.

XLVII. And, for the punishment of embezzlements committed by clerks and servants, be it declared and enacted, That if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall, by virtue of such employment, receive or take into his possession any chattel, money, or valuable security, for or in the name or on the account of his master, and shall fraudulently embezzle the same, or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed; and every such offender, being convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbefore last mentioned.

XLVIII. And, for preventing the difficulties that have been experienced in the prosecution of the last mentioned offenders, be it enacted, That it shall be lawful to charge in the indictment and proceed against the offender for any number of distinct acts of embezzlement not exceeding three, which may have been committed by him against the same master, within the space of six calendar months from the first to the last of such acts; and in every such indictment, except where the offence shall relate to any chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of

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