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county of labourer, on, &c. with force and arms at, &c.*, in the county of¶, the dam of a certain fishpond + of 7& 8 G. 4, c. 30. one B. there situate and being, unlawfully and maliciously did break down, with intent thereby then and there to take the fish in the said pond then and there being, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.
Second count: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. on, &c, with force and arms, at, &c. aforesaid, in the county aforesaid, the dam of a certain other fishpond of the said B. there situate and being, unlawfully and maliciously did break down and destroy, whereby divers fish in the said last-mentioned pond were then and there lost and destroyed, against the form of the statute, &c.
In this case it becomes necessary to prove the injury done to the pond or water, or fishery, and that the prisoner was the person who did it. It must also appear that the fishpond, &c. belonged to the person as mentioned in the indictment, and the parish must be shown as there stated. The act of breaking down the head or dam without lawful excuse, or any sufficient reason, which the prisoner must allege in his defence, will be sufficient to maintain the indictment. If the destruction or injury be accidental, the prisoner must be acquitted.
Indictment for breaking down the Dam of a Millpond. [Same as in the last precedent to the ¶.] ‡The dam of a certain millpond belonging to one B. there situate and being, unlawfully and maliciously did break down and destroy, to the great damage of the said B., against the form of the statute, &c. [conclude as before.]
The injury must be proved, together with the prisoner's share in the transaction, and the fact must be shown to have
+ Or, B.", or,
the dam of certain water, of and belonging to one "the dam of certain water, wherein one B. then and
there had common of fishery," if the case be such.
Be particular as to the parish.
happened in the parish laid in the indictment. Unless the prisoner can show something in extenuation of his conduct, the jury cannot come to any other conclusion than that the breaking of the millpond was wilfully and purposely done.
Indictment for putting Lime, &c. into a Fishpond or other Water.
Here, again, there must be given in evidence-the putting in of the lime or other materials; the ownership of the fishpond, and its situation within the parish; and, lastly, the prisoner's connexion with the offence. Any circumstance, too, which may seem to show the prisoner's wilful intent, should not be omitted; but the fact of putting poisonous materials into the water is of itself primâ facie evidence.
FIXTURES TO BUILDINGS;
As Glass, Woodwork, Lead, &c.
The 4 Geo. 2, c. 32; 29 Geo. 2, e. 30; 21 Geo. 3, c. 68; 21 Geo. 3, c. 69, repealed by 7 & 8 Geo. 4, c. 27.
7 & 8 Geo. 4, c. 29.
Seet. XLIV. And be it enacted, that if any person shall steal or rip, cut or break with intent to steal, any glass or
7& 8 G. 4, c. 30.
Fixtures to buildings.
7& 8G. 4, c. 29.
Stealing glass, wood-work, or fixtures of any kind from buildings, and metal fixtures
Or "other noxious material," if it be so. Or other water, being private property, or in which there from grounds. may be any right of fishery.
Fixtures to buildings.
7 & 8 G. 4, c. 29.
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 in 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.
Note. The larceny of glass, as a fixture, was introduced by this act.
With respect to the word, "building," the judges determined, that a church was within the words "or other building," in the old statute; and it should seem, that it must necessarily come within the general provisions of this. East, P. C. 592; R. v. Parker; and see R. v. Norris, Russ. and Ry. 69. The general expressions, "any thing made of metal fixed in any land being private property," will probably destroy such an objection as that raised in R. v. Richards, Russ. & Ry. 28, and which prevailed there. The prisoner was charged in that case with stealing images, which turned out in evidence to be in Lord Clarendon's grounds, at a considerable distance from his dwelling-house, and as the statute only protected such property when fixed to any garden &c. or outlet belonging to any dwelling-house, or other buildings, the conviction was holden improper.
It is observable, in addition to this, that the last clause regarding the allegation of property entirely avoids the numerous objections which were perpetually arising upon that subject
under the 4 Geo. 2.
Indictment for stealing Fixtures to Buildings.
The jurors for our lord the King upon their oath present, that A., late of the parish of- - in the county of labourer, on, &c. with force and arms at, &c.* in the county of sixty pounds weight
* Be particular as to the parish.
Fixtures to buildings.
of lead,* of the value of four shillings, belonging to one B., and then and there fixed and belonging to the dwelling-house † of the said B., situate in the parish aforesaid in the county of aforesaid, then and there ¶ did feloniously steal, take 7 & 8 G. 4. c. 29.
and carry away, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.
Second Count: And the jurors aforesaid, upon their oath aforesaid, do further present, that [same as first count to the ¶, and saying,]"sixty other pounds weight," and "other dwelling house,' feloniously did rip, cut and break, with intent then and there to steal the same, against the form, &c. [conclude as before.]
In this case it must appear, that the glass or woodwork, lead, iron, &c. was taken from the premises mentioned in the indictment, and the guilt of stealing the property must then be fixed upon the prisoner. So under the second count, the ripping, cutting and breaking must be proved, and fixed upon the prisoner. In both cases, it must be shown, that the lead, &c. as the case may be, was fixed in the building in question; and that the building belonged to the prosecutor, or to the person mentioned in the indictment as the owner.
The felonious intent of the prisoner will appear from his conduct when taking or ripping the lead. If he did the act under a claim of right, or under colour of right, the jury, if satisfied upon that head, will acquit him.
Or, "divers, to wit, ten panes of glass belonging to," &e. or "divers, to wit, ten window frames, ten sashes, &c. the same being of woodwork, respectively belonging to," &c.; or, "twenty pounds weight of copper, &c. of the value," &c.; made of metal, to wit, a of the va lue, &c. then and there fixed in certain land, to wit then and there being the property of the said B., situate," &c.; or one [as the case may be] of the value, &c. belonging to the said B., then and there fixed for a fence to a certain dwellinghouse, &c. of the said B., situate," &c.; or, one lamp-iron [as the case may be] of the value, &c. then and there fixed in a certain square called
or in a certain street called
Or, "outhouse." The statute extends to any building whatsoever.
Fixtures to buildings.
Again, in the case of stealing metal fixed in land, being private property, the place where the property was, the fact of its being fixed, the loss of it, or injury done to it with a felo7 & 8 G. 4. c. 29. nious intention, and the prisoner's concern in the taking, or ripping, breaking, &c. must be shown, together with the ownership of the property, and of the land. The like may be said of the evidence applicable to an indictment for taking or ripping metal fixed for a fence to any dwelling-house, &c. or fixed in any square, &c. In this latter case, inasmuch as the Act relieves from the necessity of alleging the property to be in any particular person, no ownership need be proved.
7&8 G. 4, c. 28.
CRIMINAL JUSTICE ACT.
7 & 8 Geo. 4, c. 28.
Sect. V. And be it enacted, That where any person shall be indicted for treason or felony, the jury empannelled to try such person shall not be charged to inquire concerning his lands, tenements or goods, nor whether he fled for such treason or felony.
Note. This section includes piracy, as piracy is in effect a marine felony.
Formerly, the province of the jury, upon a conviction, was to inquire of the prisoner's lands and goods in the respective cases of treason and felony, and to say whether he had endeavoured to escape from justice. But the custom had fallen into disuse for a considerable number of years before the passing of this Act.