marked out or known as such ") called the property of J. N., and sufficiently [marked out and] known as the property of the said J. N., one thousand oysters feloniously did steal, take and carry away; against the form [as ante, p. 465]. It is sufficient to describe, either by name or otherwise, the bed, laying, or fishery in which the offence is committed, without stating the same to be in any particular parish, township, or vill. 24 & 25 Vict. c. 96, s. 26. As to the mode of alleging the property in the oysters and the place from which they were stolen when they have been stolen from one of two or more contiguous beds belonging to different proprietors, but it is not known from which of such beds they have been stolen, see 31 & 32 Vict. c. 45, 8. 55 (ante, p. 480). Felony punishable as simple larceny. (See ante, pp. 428, 433).-24 & 25 Vict. c. 96, s. 26. Evidence. Prove a larceny of the oysters or some of them as directed, ante, p. 434 et seq. Prove, also, that the place from whence they were taken was at the time the oyster bed, laying, or fishery of J. N., and was sufficiently marked out or known as such. That it was sufficiently marked out may be proved as directed by 31 & 32 Vict. c. 45, s. 42 (ante, p. 479). As to the proof of the property in the oysters and the place from which they have been stolen when the theft has been from one of two or more contiguous beds belonging to different proprietors, but it is not known from which of such beds they have been stolen, see 31 & 32 Vict. c. 45, s. 55 (ante, p. 480). Indictment for using a Dredge, etc., in the Oyster Fishery of another. , Commencement as ante, p. 433]—within the limits of a certain oyster-bed ("any oyster-bed, laying, or fishery") called the property of J. N., and sufficiently [marked out and] known as the property of the said J. N., unlawfully and wilfully did use a certain dredge ("any dredge, net, instrument, or engine whatsoever") for the purpose of then and there taking oysters ("oysters or oyster-brood"); against the form [as ante, p. 465]. See the last precedent. Misdemeanor: punishable by imprisonment not exceeding three months, with or without hard labour.-24 & 25 Vict. c. 96, s. 26. The offender may also, in addition to or in lieu of this punishment, be fined, and required to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour. 24 & 25 Vict. c. 96, s. 117 (ante, p. 431). Evidence. Prove that the defendant used a dredge, etc., within the limits of the oyster-bed, etc., of J. N., as stated in the indictment; and that such oyster-bed, etc., was at the time the property of J. N., and was sufficiently [marked out and] known as such. That it was so marked out may be proved as directed by 31 & 32 Vict. c. 45, s. 42 (ante, p. 479). The purpose is to be inferred from the act, and it is immaterial whether the defendant actually took any oysters or oyster-brood or not. The statute does not apply to persons catching or fishing for any floating fish within the limits of an oyster fishery with any net, instrument or engine adapted for taking floating fish only. 24 & 25 Vict. c. 96, s. 26. A.C.P. 31 Indictment for dragging upon the Ground of the Oyster Fishery of another. (24 & 25 Vict. c. 96, s. 26.) Commencement as ante, p. 433]-upon the ground ("ground or soil”) of a certain oyster fishery ("such fishery") called the property of J. N., and sufficiently [marked out and] known as the property of the said J. N., with a certain net ("any net, instrument or engine") unlawfully and wilfully did drag; against the form [as ante, p. 465]. Misdemeanor: see the last precedent. 24 & 25 Vict. c. 96, s. 26. Evidence. Prove that the defendant dragged with a net, etc., upon the ground of the oyster-bed, etc., as stated in the indictment; and that such oysterbed, etc., was at the time the property of J. N., and was sufficiently [marked out and] known as such. That it was so marked out may be proved as directed by 31 & 32 Vict. c. 45, s. 42 (ante, p. 479). The statute does not apply to persons 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. 24 & 25 Vict. c. 96, s. 26. STEALING, OR SEVERING WITH INTENT TO STEAL, ORE, ETC., Statute. 24 & 25 Vict. c. 96 (Larceny Act, 1861), s. 38.]-Whosoever shall steal, or sever with intent to steal, the ore of any metal, or any lapis calaminaris, manganese, or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal, from any mine, bed, or vein thereof respectively, 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 (This section re-enacts 7 & 8 G. 4, c. 29, s. 43.) Section 39.]-Whosoever being employed in or about any mine, shall take, remove, or conceal any ore of any metal, or any lapis calaminaris, manganese, mundick, or other mineral found or being in such mine, with intent to defraud any proprietor of or any adventurer in such mine, or any workman or miner employed therein, 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 .. [This section was taken from 2 & 3 Vict. c. 58, s. 10, and meets the difficulty created by R. v. Webb, 1 Mood. C. C. 431, where it was held not to be larceny for miners employed to bring ore to the surface, and paid by the owners according to the quantity producel, to remove from the heaps of other miners ore produced by them, and add it to their own, in order to increase their wages, the ore still remaining in the possession of the owner.] Indictment under s. 38. Commencement as ante, p. 433]-twenty pounds' weight of copper ore, ("the ore of any metal, or any lapis calaminaris, manganese, or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal,") the property of J. N., from a certain mine of copper ore ("mine, bed, or vein thereof respectively") of the said J. N., situate in the parish of, in the county of feloniously did steal, take and carry away [or feloniously did sever, with intent the same then and there feloniously to steal, take and carry away]; against the form [as ante, p. 465]. An indictment alleging that the defendants being persons employed in a mine, in the parish of, etc., in the county of Cornwall, on, etc., at, etc., did steal certain ore, the property of the adventurers in the said mine, then and there being found, did not sufficiently show that the ore was stolen from the mine. R. v. Trevenner, 2 M. & Rob. 476. As to local description, see ante, pp. 67, 298. Felony imprisonment not exceeding two years, with or without hard labour.]-24 & 25 Vict. c. 96, s. 38. As to requiring the offender to enter into recognizances and find sureties for keeping the peace, Id. s. 117 (ante, p. 431). Evidence. Prove a larceny of the ore, etc., as directed, ante, p. 434 et seq., or if a severance with intent to steal be alleged in the indictment, prove the severance, and circumstances from which the jury may infer the intent. (See R. v. Bleasdale, 2 C. & K. 765, and ante, pp. 303, 312.) Prove, also, that the mine was at the time in the possession or occupation of J. N., and is situate as described in the indictment. STEALING OR CUTTING TREES, ETC. Statute. 24 & 25 Vict. c. 96 (Larceny Act, 1861), s. 32.]-Whosoever 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, shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny (ante, p. 428); And whosoever 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 elsewhere than in any of the situations in this section before mentioned, shall (in case the value of the article or articles stolen, or the amount of the injury done shall exceed the sum of five pounds) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny. (Ante, p. 428.) [This section re-enacts 7 & 8 G. 4, c. 29, s. 38.] Indictment for stealing or cutting, etc., with intent to steal, Trees, etc., in Parks, etc., Value above £1. Commencement as ante, p. 433]—one oak-tree ("the whole or any part of any tree, sapling, or shrub, or any underwood "), of the value of two pounds,* the property of J. N., then growing in a certain park ("park, pleasureground, garden, orchard, avenue, or any ground adjoining or belonging to any dwelling-house") of the said J. N., situate in the parish of in the county of in the said park, feloniously did steal, take, and carry away [or feloniously did cut ("cut, break, root up, or otherwise destroy or damage") with intent the same feloniously to steal, take, and carry away]; then thereby doing injury to the said J. N., to an amount exceeding the sum of one pound, to wit, to the amount of two pounds]; against the form [as ante, p. 465]. * If the indictment be for cutting, etc., with intent to steal, omit this allegation of value. Felony: punishment same as in simple larceny.-24 & 25 Vict. c. 96, s. 32. (See ante, pp. 428, 433.) Evidence. Prove a larceny of the tree, as directed, ante, p. 434 et seq.; or, if the indictment allege that the defendant cut, etc., the tree with intent to steal it, prove the cutting, etc., as stated in the indictment, and circumstances from which the jury may infer the intent. (See ante, p. 283.) In the former case, the value of the tree, and in the latter, the amount of the injury done, must be proved to exceed the sum of 11. But if several trees be stolen or cut at the same time, or so continuously as to form one transaction, and the value or injury done exceed that amount in the aggregate, it will be sufficient. R. v. Shepherd, L. R., 1 C. C. R., 118; 37 L. J. (M. C.) 45: 11 Cox, 119. The injury mentioned in the statute means the actual injury to the tree itself, not consequential injury resulting from the defendant's act; and where the evidence showed that the actual injury done to certain trees damaged by the defendant was less than the statutable amount, but that it would, in consequence of the damage done, be necessary to stub up and replace part of an old hedge, at an expense greater than the statutable amount, this was held insufficient. R. v. Whiteman, Dears. 353; 23 L. J. (M. C.) 120. Prove that the tree, etc., stolen or cut, etc., was at the time growing in a park, etc., belonging to or in the occupation of J. N., and situate as described in the indictment. The words "adjoining any dwelling-house" import actual contact; and therefore ground separated from a house by a narrow walk and paling, wall, or gate, is not within their meaning. R. v. Hodges, M. & M. 341. Indictment for stealing, or cutting, etc., with intent to steal, Trees, etc., growing elsewhere, value above 51. Commencement as ante, p. 433]-one ash-tree ("the whole or any part of any tree, sapling, or shrub, or any underwood") of the value of six pounds,* the property of J. N., then growing in a certain close (“ elsewhere than in a park, pleasure-ground, garden, orchard, avenue, or any ground adjoining or belonging to any dwelling-house") of the said J. N., situate in the parish of in the county of in the said close, feloniously did steal, take, and carry away [or feloniously did cut ("cut, break, root up, or otherwise damage or destroy") with intent the same feloniously to steal, take, and carry away; thereby then doing injury to the said J. N., to an amount exceeding the sum of five pounds, to wit to the amount of six pounds]; against the form [as ante, p. 465]. *If the indictment be for cutting, etc., with intent to steal, etc., omit this allegation of value. Felony see the last precedent.-24 & 25 Vict. c. 96, s. 32 (ante, p. 483). Evidence. Prove a larceny of the tree, as directed, ante, pp. 434 et seq.; or, if the indictment allege that the defendant cut, etc., the tree with intent to steal it, prove the cutting, as stated in the indictment, and circumstances from which the jury may infer the intent. (See ante, pp. 303, 312.) In the former case, the value of the tree, and in the latter the amount of injury done (see supra), must be proved to exceed the value of 51., but if several trees be stolen or cut at the same time, or so continuously as to form one transaction, and the value or injury done in the aggregate exceed that amount, it will be sufficient. R. v. Shepherd, L. R., 1 C. C. R. 118; 37 L. J. (M. C.) 45. Prove that the close in which the tree was stolen or cut belonged to or was in the occupation of J. N., and was situate as described in the indictment. It is not necessary to prove that the close was not a park, etc. STEALING OR CUTTING TREES, AFTER TWO PREVIOUS CONVICTIONS, AND STEALING FENCES. Statute. 24 & 25 Vict. c. 96 (Larceny Act, 1861), s. 33-First offence.]-Whosoever 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, shall, on conviction thereof before a justice of the peace, forfeit and pay, over and above the value of the article or articles stolen, or the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; Second offence.]-And whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, 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 months, as the convicting justice shall think fit. [A person charged with a second offence under this section can elect to be tried on indictment: see post, p. 487.] Subsequent offence.]-And whosoever, having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the passing of this Act), shall afterwards commit any of the offences in this section before mentioned 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. (Ante, p. 428.) [This section re-enacts 7 & 8 G. 4, c. 29, s. 40.] Sect. 34-Stealing, cutting, etc., live or dead fences. First offence.]-Whosoever 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, wire, or rail set up or used as a fence or any stile or gate or any part thereof respectively, shall on conviction before a justice of the peace forfeit and pay over and above the value of the article or articles so stolen, or the amount of injury done such sum of money not exceeding 57. as to the justice shall seem meet; Subsequent offence.]-And whosoever having been convicted of any such |