horses, Cows,

colt, or filly, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb, shall be guilty of felony, sheep, &c. and being convicted thereof shall be liable, at the

Killing animals

with intent to steal the carcase,

&c.

discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note. This clause is taken from 7 & 8 Geo. 4, c. 29, s. 25; 9 Geo. 4, c. 55, s. 25 (I.); 2 & 3 Will. 4, c. 62, s. 1, &c.

As to hard labour, &c., see ante, p. 5.

11. Whosoever shall wilfully kill any animal, with intent to steal the carcase, skin, or any part of the animal so killed, shall be guilty of felony, and being convicted thereof shall be liable to the same punishment as if he had been convicted of feloniously stealing the same, provided the offence of stealing the animal so killed would have amounted to felony.

Note.-This clause is framed from the 7 & 8 Geo. 4, c. 29, s. 25, and 9 Geo. 4, c. 55, s. 25 (I.), so far as it relates to the animals mentioned in the preceding section; but it is extended to the killing of any other animal with the like intent, provided the stealing of such animal would be felony. This clause, therefore, will include the killing of asses, pigs, &c., with intent to steal, &c.

Stealing deer in an

uninclosed part of a forest.

12. Whosoever shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the uninclosed part of any forest, chase or pulieu, shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty pounds, as to the justice shall seem meet; and whosoever having been pre

offence.

viously convicted of any offence relating to deer, for Second
which a pecuniary penalty shall have been imposed
by this or by any former Act of Parliament, shall
afterwards commit any of the offences hereinbefore
enumerated, whether such second offence be of the
same description as the first or not, shall be guilty
of felony, and being convicted thereof shall be liable,
at the discretion of the Court, to be imprisoned for
any term not exceeding two years, with or without
hard labour, and with or without solitary confine-
ment, and, if a male under the age of sixteen
years,
with or without whipping.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 26, and though it is extended to Ireland, it will probably have no operation there, as it may be doubted whether there be in Ireland any place which is in point of law a "forest, chase or purlieu."

The word "deer," in the 7 & 8 Geo. 4, c. 29,
s. 26, was held to be a general term, including
all kinds, all sexes, and all ages. Upon an in-
dictment for stealing "one deer," it appeared
that the animal in question was a fawn, recently
fawned, and that the young of deer are known
by the name of fawn till a year old, and are not
called deer before that time; but Maule, J.,
held that the stealing this animal was within
the statute, as the term deer was the most
general term, and included all kinds of deer, all
ages, and both sexes. Reg. v. Strange, Glou-
cester Sum. Ass. 1843, MSS., C. S. G.

As to hard labour, &c., see ante, p. 5. .
With regard to summary proceedings under
this clause, and the forms to be used in them,
see the Appendix, post.

inclosed

13. Whosoever shall unlawfully and wilfully course, Stealing hunt, snare, or carry away, or kill or wound, or at- deer in any tempt to kill or wound, any deer kept or being in the ground. inclosed part of any forest, chase or purlieu, or in any inclosed land where deer shall be usually kept,

Suspected persons found in possession of venison,

shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 26. There was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I.), as to coursing, &c., deer in any park, paddock, or inclosed land, wherein deer shall be usually kept.

An inclosure in the forest of Dean, made under a statute of Chas. 2, for the protection of timber, and surrounded by a ditch and bank, which were sufficient to prevent cattle from getting into it, but over which the deer could pass in or out at their free will, was held by Erle, J., to be an inclosed part of a forest within the 7 & 8 Geo. 4, c. 29, s. 26; and the words "wherein deer shall be usually kept," were held to refer to "inclosed land" only. Reg. v. Money, Gloucester Sum. Ass. 1847. MSS., C. S. G.

As to hard labour, &c., see ante, p. 5.

14. If any deer, or the head, skin, or other part thereof, or any snare or engine for the taking of deer, shall be found in the possession of any person or on the premises of any person with his knowledge, and &c., and such person, being taken, or summoned before a jusnot satisfactorily tice of the peace, shall not satisfy the justice that he accounting came lawfully by such deer, or the head, skin, or for it. other part thereof, or had a lawful occasion for such

Penalty.

In case

snare or engine, and did not keep the same for any unlawful purpose, he shall, on conviction by the justice, forfeit and pay any sum not exceeding twenty pounds; and if any such person shall not under the they cannot said provisions be liable to conviction, then, for the discovery of the party who actually killed or stole the justice such deer, the justice, at his discretion, as the evidence given and the circumstances of the case ceed. shall require, may summon before him every person

be con

victed, how

may pro

through whose hands such deer, or the head, skin, or other part thereof, shall appear to have 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 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.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 27. There was a similar clause in the 14 & 15 Vict. c. 92, s. 4 (I.).

Under the former Act, the deer, &c., must have been found "by virtue of a search warrant;" but these words have been advisedly omitted, in order that the clause may apply to any one who may be proved to have been in possession of the "deer," &c., at any time. As to what is a sufficient possession, see Reg. v. Sunley, Bell's C. C. 145; where it was held, that it was sufficient if possession of naval stores could be traced to the prisoner; and rightly so, notwithstanding the doubt of Martin, B., in Reg. v. Sleep, Leigh & C., C. C. 44. And see also Reg. v. Sattler, Dears. & B., C. C. 525.

See s. 103, post, p. 187, under which a justice of the peace may issue a warrant to search for any deer, &c., mentioned in this clause.

As to the proceedings under this section, and the forms to be used, see the Appendix, post.

taking deer,

15. Whosoever shall unlawfully and wilfully set Setting engines for or use any snare or engine whatsoever, for the purpose of taking or killing deer, in any part of any or pulling forest, chase, or purlieu, whether such part be in- down park closed or not, or in any fence or bank dividing the fences. same from any land adjoining, or in any inclosed land where deer shall be usually kept, or shall unlawfully and wilfully destroy any part of the fence of any land where any deer shall be then kept, shall, on conviction thereof before a justice of the peace,

Deerkeepers,

&c., may seize the

of offenders

who, on demand, do not

deliver up

the same.

forfeit and pay such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

Note. This clause is taken from the 7 & 8
Geo. 4, c. 29, s. 28, and extended to Ireland.
As to the proceedings under this section, and
the forms to be used, see the Appendix, post.

16. If any person shall enter into any forest, chase, or purlieu, whether inclosed or not, or into any inclosed land where deer shall be usually kept, with guns, &c., intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, every person intrusted with the care of such deer, and any of his assistants, whether in his presence or not, may demand from every such offender any gun, firearms, 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, may 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 therePenalty on from, for the use of the owner of the deer; and if to keepers, any such offender shall unlawfully beat or wound &c., in the any person intrusted with the care of the deer, or execution any of his assistants, in the execution of any of the

resistance

of their

duty.

Killing,

powers given by this Act, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 7 & 8
Geo. 4, c. 29, s. 29, and extended to Ireland.
As to hard labour, &c., see ante, p. 5.

17. Whosoever shall unlawfully and wilfully, &c., hares between the expiration of the first hour after sunset