in the

night-time.

time.

and the beginning of the last hour before sunrise, take or rabbits or kill any hare or rabbit in any warren or ground in a warren lawfully used for the breeding or keeping of hares or rabbits, whether the same be inclosed or not, shall be guilty of a misdemeanor; and whosoever shall unlawfully and wilfully, between the beginning of the The like last hour before sunrise and the expiration of the first in the dayhour after sunset, take or kill any hare or rabbit 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 rabbits, shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet; provided that nothing in this sec- Exception. tion contained shall affect any person taking or killing in the day-time any rabbits 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.

Note. This clause is taken from the 7 & 8
Geo. 4, c. 29, s. 30, and extended to Ireland.

The words in italics are substituted for "in
the night-time" and "in the day-time" in the
former enactment, by which the night-time is
made to correspond with the night-time as fixed
by the 9 Geo. 4, c. 69, s. 12, which extends to
Ireland, and the doubt as to what was the begin-
ning and ending of night and day, under the
former enactment, is removed.

A frivolous objection has been taken to this clause, and to some similar clauses, because the punishment for the misdemeanors created by them is not specified. We had imagined that every lawyer knew that by the common law the punishment for misdemeanor is fine or imprisonment, or both; and this clause only follows the provision in Peel's Acts, and no objection to it has ever been raised.

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

Stealing dogs.

Second

offence.

Possession

of stolen dogs.

Second

offence.

18. Whosoever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds, as to the said justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards steal any dog, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Note. This clause is taken from the 8 & 9 Vict. c. 47, s. 2. There was a similar provision in the 14 & 15 Vict. c. 92, s. 5 (I.).

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

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

19. Whosoever shall unlawfully have in his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen or such skin to be the skin of a stolen dog, shall; on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Note. This clause is taken from the 8 & 9

Vict. c. 47, s. 3. There was a similar provision
in the 14 & 15 Vict. c. 92, s. 5 (I.).

Under the 8 & 9 Vict. c. 47, s.
warrant was necessary.

this Act, ante, p. 113.

3, a search

See note to s. 14 of

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

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

restore

20. Whosoever shall corruptly take any money or Taking reward, directly or indirectly, under pretence or money to upon account of aiding any person to recover any dogs. dog which shall have been stolen, or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Note.-This clause is taken from the 8 & 9
Vict. c. 47, s. 6, and extended to Ireland.
As to hard labour, &c., see ante, p. 5.

birds ordi

not the

21. Whosoever shall steal any bird, beast, or other Stealing animal ordinarily kept in a state of confinement or beasts or for any domestic purpose, not being the subject of narily kept larceny at common law, or shall wilfully kill any in confinesuch bird, beast, or animal, with intent to steal the ment, and same or any part thereof, shall, on conviction thereof subjects of before a justice of the peace, at the discretion of the larceny. 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 months, or else shall forfeit and pay, over and above the value of the bird, beast, or other animal, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet; and whosoever, having been convicted of any such Second offence, either against this or any former Act of Par- offence. liament, shall afterwards commit any offence in this section before mentioned, and shall be convicted

Persons

found in possession of stolen

liable to penalties.

thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 31. There was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I.). Those enactments were confined to birds and beasts ordinarily kept in a state of confinement: the present clause embraces "other animals ordinarily kept for any domestic purpose," and will include cats.

This clause also extends the former enactments to killing with intent to steal.

As to the proceedings under this clause see the Appendix, post.

22. If any such bird, or any of the plumage thereof, or any dog, or any such beast, or the skin thereof, or any such animal, or any part thereof, shall be found beasts, &c., in the possession or on the premises of any person, any justice may restore the same respectively to the owner thereof; and any person in whose possession or on whose premises such bird or the plumage thereof, or such beast or the skin thereof, or such animal or any part thereof, shall be so found, (such person knowing that the bird, beast, or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen beast, or that the part is a part of a stolen animal,) 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 any person convicted of stealing any beast or bird is made liable to by the last preceding section.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 32, and 8 & 9 Vict. c. 47, s. 3. There was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I.) The 7 & 8 Geo. 4, c. 29, s. 32;

and 8 & 9 Vict. c. 47, s. 3, made it necessary
that the dog, &c., should be found "by virtue
of a search warrant; "those words are omitted
(see the note to s. 14, ante, p. 113), and the dog,
&c., may be restored whenever proved to be in
the possession or on the premises of any person,
by order of any justice, and he may grant a
search warrant, if it be necessary, to effectuate
that purpose under s. 103 of this Act, post,
p. 187.

A dog and its skin are included in the begin-
ning of this clause; but not in the latter part
of it, as the similar offence as to stolen dogs,
and their skins is provided for by s. 19, ante,
p. 116.

As to the proceedings under this clause see the Appendix, post.

23. Whosoever shall unlawfully and wilfully kill, Killing wound, or take any house dove or pigeon under such pigeons. circumstances as shall not amount to larceny at common law, shall, on conviction before a justice of the peace, forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds.

Note. This clause is taken from the 7 &.8
Geo. 4, c. 29, s. 33, and extended to Ireland.
As to the proceedings under this clause see
the Appendix, post.

situate in

house;

24. Whosoever shall unlawfully and wilfully take Taking fish or destroy any fish in any water which shall run in any water through or be in any land adjoining or belonging to land bethe dwelling-house of any person being the owner of longing to such water, or having a right of fishery therein, shall a dwellingbe guilty of a misdemeanor; and whosoever shall unlawfully and wilfully take or destroy, or attempt to take or destroy, any fish in any water not being in a private such as herein-before mentioned, but which shall be elsewhere. private property, or in which there shall be any private right of fishery, shall, on conviction thereof

fishery