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shall be deemed to be part of such dwelling-house for the purpose of bur• part of a house glary, or for any of the purposes aforesaid, unless there shall be a com- for capital purmunication between such building and dwelling house, either immediate, or poses. by means of a covered and inclosed passage leading from the one to the other.

XIV. And be it enacted, That if any person shall break and enter any build- Robbery in ing, and steal therein any chatiel, money, or valuable security, such building any buildings being within the curtilage of a dwelling house, and occupied therewith, but within the not being part thereof according to the provision herein-before mentioned, same curtievery such offender being convicted thereof, either upon an indictment for the Jage as the same offence, or upon an indictment for burglary, housebreaking, or stealing house, but not to the value of five pounds in a dwelling house, containing a separate count

privileged as

part of the for such offence, shall be liable, at the discretion of the court, to be trans

house. ported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once twice, or thrice publicly or privately whipped (if the court shall so think fit), ia addition to such imprisonment.

XV. And be it enacted, That if any person shall break and enter any shop, Robbery in a warehouse, or counting-house, and steal therein any chattel, money, or va. shop, wareluable security, every such offender, being convicted thercof, shall be liable to house, &c. any of the punishments which the court may award as bereinbefore last mentioned. XVI. And be it enacted, That if any person shall steal, to the value of ten

Stealing cershillings, any goods or article of silk, woollen, linen, or cotton, or of any one or tain goods in more of those materials mixed with each other, or mixed with any other ma- process of material, whilst laid, placed, or exposed, during any stage, process, or progress of nufacture. manufacture, in any building, field, or other place, every such offender being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

XVII. And be it enacted, That if any person shall steal any goods or mer- Stealing goods chandize in any vessel, barge, or boat of any description whatsoever, in any from a vessel port of entry or discharge, or upon any navigable river or canal, or in any in a port, creek belonging to or commuoicating with any such port, river, or canal, or river, or canal, shall steal any goods or merchandize from any dock, wharf, or quay adjacent &c. to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

XVIII. And be it enacted, That if any person shall plunder or steal any part Plundering of any ship or vessel wbich shall be in distress, or wrecked, stranded, or cast on any part of the shore, or any goods, merchandize, or articles of any kind belonging to such tackle or cargo ship or vessel, every such offender, being convicted thereof, shall suffer death of a ship

wrecked vegas a felon : provided always, that when articles of small value shall be stranded

sel. or cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence, it shall be lawful to prosecute and punish the offender as

Proviso. for simple larceny; and in either case the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any connty next adjoining.

XIX. And be it enacted, That if any goods, merchandize, or articles of any persons in pos. kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast session of on shore as aforesaid, shall, by virtue of a search warrant, to be grauted as shipwrecked bereinafter mentioned, be found in the possession of any person, or on the goods, not premises of any person with his knowledge, and such person, being carried be- giving a satisfore a justice of the peace, shall not satisfy the justice that he came lawfully factory acby the same, then the same shall, by order of the justice, be forth with delivered count. over to or for the use of the rightful owner thereof; and the offender, on con

See post. s. 63. viction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not ex- See post. s. 66 ceeding twenty pounds, as to the justice shall seem meet.

& 67. xx. And be it enacted, That if any person shall offer or expose for sale any If any person goods, merchandize, or articles whatsoever, wbich shall have been unlawfully offers shiplaken, or reasonably suspected so to have been, from any ship or vessel in dis- wrecked goods tress, or wrecked, stranded, or cast on shore as aforesaid, in every such case for sale, the any person to whom the same shall be offered for sale, or any officer of the goods may be customs or excise, or peace officer, may lawfully seize the same, and shall seized, &c. with all convenient speed carry the same, or give notice of such seizure, to

some justice of the peace ; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall, by order of the justice, bc forth with delivered over to or for the use of the righiful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same;

and the offender, on conviction of such offence by the justice, shall forfeit See post. s. 66 and pay, over and above the value of the goods, merchandize, or articles, & 67.

such sum of money, not exceeding twenty pounds, as to the justice shall

seem meet. The stealing, XXI. And be it enacted, That if any person shall steal, or shall for any frau&c. of records dulent purpose take from its place of deposit for the time being, or from any and other pro- person having the lawful custody thereof, or shall unlawfully and maliciously ceedings of obliterate, injure, or destroy, any record, writ, relurn, panel, process, intercourts of justice.

rogatory, 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 malter 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 maiter 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. The stealing, XXII. And be it enacted, That if any person shall, either during the life of &c. of wills.

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 properly of any person, or that the same is of any value. The stealing of

XXII. And be it enacted, That if any person shall steal any paper or parchwritings relat- ment, written or printed, or parily written and partly printed, being evidence ing to real es- of the title or of any part of the title to any real estate, every such offender tatc.

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. These provi- xxiv. Provided always, and be it enacted, That nothing in this act consions as to tained relating to either of the misdemeanors aforesaid, nor any proceeding, wills and writ- conviction, or judgment to be bad or taken thereupon, shall prevent, lessen, ings shall not

or impeach any remedy at law or in equity which any party aggrieved by any lessen any

such offence might or would have had if this act had not been passed; but remedy which

nevertheless the conviction of any such offender shall not be received in evithe party aggrieved now

dence in any action at law or suit in equity against him; and no person shall has.

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 sball at any time previously to bis being indicted for such offence have disclosed such act, on vath, 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 examin

ation or deposition before any commissioners of bankrupt. Stealing XXV. And be it enacted, That if any person shall steal any horse, mare, horses, cows, gelding, colt or filly, or any, bull, cow, ox, heifer or calf, or any ram, ewe, and sheep. sheep or lamb, or shall wilfully kill 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 gnilty 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, bunt, 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, purliea, 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, ħe 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. XXVII. And be it enacted, That if any deer, or the head, skin, or other Suspected perpart thereof, or any spare 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 passed; and if the person froin whom the same shall have been first received, the justice or who shall bave 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.

XXVII. 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.

XXIX. And be it enacted, that if any person shall enter into any forest, Deer-keepers, chace, or porlieu, whether inclosed or not, or into any inclosed land where &c. may seize deer shall be usually kept, with intent unlawfully to hunt, course, wound, the guns, &c. kill, snare, or carry away any deer, it shall be lawful for every person en- of offenders trusted with the care of such deer, and for any of his assistants, whether in his who, on depresence or not, to demand from every such offender any gun, fire-arms, mand, do not snare, or engine in his possession, and any dog there brought for hunting,

deliver up the 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 co

Killing, &c.

same.

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nies in a War- the night-time take or kill any hare or coney in any warren or ground lawfully ren in the used for the breeding or keeping of hares or conies, whether the same be inNight-time. closed or not, every such offender shall be guilty of a misdemeanor, and, be: The like in

ing 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 cocvicted 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 : proProviso,

vided always, that nothing herein contained shall affect any person taking
or killing in the day-time any copies 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. Stealing

XXXI. And be it enacted, That if any person shall steal any dog, or shall Dogs, or steal any beast or bird ordinarily kept in a state of confinement, not being the stealing subject of larceny at common law, every such offender, being convicted Beasts or thereof before a justice of the peace, shall for the first offence forfeit and pay Birds ordina- over and above the value of the dog, beast, or bird, such sum of money, not rily kept in exceeding twenty-pounds, as to the justice shall seem meet; and if any person Confinement, so convicted shall afterwards be guilty of any of the said offences, and shall and not the

be convicted thereof in like manner, every such offender shall be committed Subject of

to the common gaol or house of correction, there to be kept to hard labour Larceny. See post, 8.

for such term, not exceeding twelve calendar months, as the convicting jus. 66 & 67.

tice sball 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.
Persons found XXXII. And be it enacted, That if any dog or any such beast, or the skin
in Possession thereof, or any such bird, or any of the plumage thereof, shall be found in
of stolen the possession or on the premises of any person by virtue of a search warrant,
Dogs, &c. li. to be granted as hereinafter mentioned, the justice by whom such warrant was
able to Penal-. granted may restore the same respectively to the owner thereof; and the per-
ties.

son in whose possession or on whose premises the same shall be so found (such See post. 8. 63. 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 punish-
ment, as persons convicted of stealing any dog, beast, or bird are hereinbe-

fore made liable to. Killing Pi

XXXIII. And be it enacted, That if any person shall unlawfully and wil

folly kill, wound, or take any house dove or pigeon, under such circumstances geons

as shall not amount to larceny at common law, every such offender, being See post, s. 66. convicted thereof before a justice of the peace, shall forfeit and pay, over and & 67.

above the value of the bird, any sum not exceeding two pounds.

XXXIV. And be it enacted, That if any person shall unlawfully and wilTaking Fish

fully take or destroy any fish in any water which shall run through or be in Water situate in

any land adjoining or belonging to the dwelliug-house of any person being the land belong

owner of such water, or having a right of fishery therein, every such offender ing to a

shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished Dwelling accordingly; and if any person shall unlawfully and wilfully take or destroy, or House ; attempt to take or destroy, any fish in any water not being, such as aforesaid, in any private but which shall be private property, or in which there shall be any private Fishery else- right of fishery, every such offender, being convicted thereof before a justice where.

of the peace, shall forfeit and pay, over and above the value of the fish taken See post, s. 66. or destroyed (if any,) such sum of money, not exceeding five pounds, as to & 67.

the justice shall seem meet: provided always, that nothing hereinbefore conProvision res- tained shall extend to any person angling in the day-time; but if any person pecting An- by angling in the day-time unlawfully, and wilfully take or destroy, or atglers. tempt to take or destroy, any fish in any such water as first mentioned, he See post, s. 66. shall on conviction before a justice of the peace, forfeit and pay any sum & 67.

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

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in any

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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.

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

be seized. 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 implemernents 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 li- Dredging 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, beiug 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.

XXXVIII. And be it enacted, That if any person shall steal, or shall cut, Stealing Trees break, root ap, or otherwise destroy or damage with intent to steal, the whole Shrubs, &c. or any part of any tree, sapling, or shrub, or any underwood, respectively growing in growing in any park, pleasure ground, garden, orchard, or avenue, or in certain situaany ground adjoining or belonging to any dwelling-house, every such offender tions, shall be (in case the value of the article or articles stolen, or the amount of the in- Felony, if the

Value exceeds jury done, shall exceed the sum of one pound) shall be guilty of felony, and

Jl. 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 men- elsewhere, tioned, every such offender (in case the value of the article or articles shall be stolen, or the amount of the injury done, shall

exceed the sum of five pounds) Felony, if the

Value exceeds shall be guilty of felony, and, being convicted thereof, shall be liable to be

51. 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 Stealing break, root up, or otherwise destroy or damage with intent to steal the whole Trees, Shrubs, or any part of any tree, sapling, or shrub, or any underwood, wheresoever the &c. wheresame may be respectively growing, the stealing of such article or articles, or soever grow. the injury done, being to the amount of a shilling at the least, every such of- ing and of any fender, being convicted before a justice of the peace, shall for the first offence Value above forfeit and pay, over and above the value of the article or articles stolen, or

1s., punish

able on sumthe amount of the injury done, such sum of money, not exceeding, five

mary Convicpounds, as to the justice shall meet; and if any person so convicted tion for First

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