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Cattle.

MALICIOUS INJURIES Act.

7&86.4, c. 30.

7 & 8 Geo. 4, c. 30. Killing or maim. Sect. XVI. And be it enacted, That if any person shall uning cattle.

lawfully and maliciously kill, maim or wound any cattle, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported 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), in addition to such imprisonment.

Note.-The offence of killing and maiming cattle was formerly punished with death. Pigs and asses have been considered as cattle under the late statutes.

Indictment for Horse Stealing.
Wiltshire,7 The jurors for our lord the King upon their oath

to wit. S present, that A. late of the parish of in the county of · labourer, on, &c. with force and arms, at, &c. in the county .*, one horse (mare) [gelding] of the price of twenty pounds of the goods and chattels of one B. then and there found, then and there feloniously did steal, take and lead 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.

Evidence. The course to be pursued under this indictment is, to show the loss of the horse, and that the prisoner was seen with it. The description of the animal in the indictment should be distinctly verified, and, whether it were a horse, mare, gelding, &c. The prisoner must then account for his possession of the lost property

* The county where the horse was taken, or any county through which the prisoner has passed with the horse, or where he was apprehended with the horse.

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The indictment for taking sheep, and the other animals Cattle. mentioned in the statute, will be the same, only that it is customary, when charging a larceny of oxen, cows, sheep, &c. to 7& 8 G.4, c. 30. say “drive away,” instead of " lead away.

The evidence also will be the same, but the prosecutor must be particular to prove the stealing of the animal as specified in the indictment; a heifer, for example, by that name.

Indictment for Killing Cattle, with intent to Steal the Carcases.
Wiltshire, The jurors, &c. [as in the last precedent, to [.]

to wit. Jone sheep, of the price of twenty shillings, of the goods and chattels of B. then and there being found, then and there wilfully and feloniously did kill, with a felonious intent to steal part of the carcase, that is to say, the [fat] [or skin) of the said sheep, against the form of the statute, &c. [conclude as before.]

Evidence. It is seldom that actual proof of the killing of the sheep, &c. can be produced. The jury must therefore be satisfied, in general, with other evidence, as that the prisoner was found in possession of some mutton which he cannot properly account for ; the owner of the sheep, or his servant, or some other person, being called at the same time to prove that the animal which has been killed belonged to B. The skin, or some part of the carcase, must be clearly identified, unless there be a confession. It is for the jury to say whether the intent were felonious. The circumstances of the loss of the sheep, or other animal, and of the prisoner's being found in possession of it, or of its being traced to him, together with the proof of ownership, is in general sufficient.

Indictment for Killing, Maiming and Wounding Cattle. Wiltshire,] The jurors, &c. (same as first precedent, to (,) to wit. Jone cow [horse] [pig] (ass, &c.] of the price of

pounds, of the goods and chattels of one B. then and there being, feloniously, wilfully, unlawfully and maliciously did kill [maim] [wound), to the great damage of the said B. against the form of the statute, &c. [conclude as before.]

Evidence. As the law at present stands, no further proofs are requisite, than that the prisoner killed or injured the animal in question,

Cattle. as stated in the indictment, and that the cow, &c. (as the case

may be,) belonged to B. The death of the beast by an un7& 8 G. 4, c. 30. lawful act is the gravamen, and the word “ maliciously” is

fully satisfied by proof of the act itself, without more.

Certiorari.

CERTIORARI.
See Convictions, SUMMARY.

Challenges.

CHALLENGES. 7&8 G.4, c. 64.

7 & 8 Geo. 4, c. 64, s. 8. Note.--Instead of visiting a peremptory challenge beyond the legal number with immediate judgment, an improper challenge is now declared merely void, and the trial is to proceed, and the rule is extended to cases of treason and piracy.

CRIMINAL JUSTICE Act. 7& 8 G.4, c. 28.

7 & 8 Geo. 4, c. 28. Every challenge

Sect. III. And be it enacted, That if any person, indicted beyond the legal for any treason, felony or piracy, shall challenge peremptorily number shall be void.

a greater number of the men returned to be of the jury than such person is entitled by law so to challenge in any of the said cases, every peremptory challenge beyond the number allowed by law in any of the said cases shall be entirely void, and the trial of such person shall proceed as if no such challenge had been made.

Child Stealing

9 G. 4, c. 31. Child-stealing.

CHILD STEALING.
[The 54 Geo. 3, repealed by 9 Geo. 4, c. 31.]

LORD LANSDOWNE's Act.

9 Geo. 4, c. 31. Sect. XXI. And be it enacted, That if any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detain, any child under the age of ten years, with intent to deprive the parent or parents, or any

other person having the lawful care or charge of such child, Child Stealing. of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever 9 G. 4, c. 31. such article may belong; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the same to have been, by force or fraud led, taken, decoyed, enticed away or detained as hereinbefore mentioned; every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment: Provided always, that no person who Not to extend to shall have claimed to be the father of an illegitimate child, or fathers taking to have any right to the possession of such child, shall be their illegitimate

children. liable to be prosecuted by virtue hereof, on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof.

Indictment for Child Stealing by Force. Hertfordshire, The jurors for our lord the King upon their

to wit, Joath present, that A. late of the parish of in the county of labourer, on, &c. with force and arms, at

the parish aforesaid, in the county aforesaid, in and upon one B. : (a boy) then under the age of ten years, did make an assault,

and him the said B. did then and there feloniously and mali, ciously lead and take away, with intent to deprive one C. the father of the said B. of the possession of the said B.* 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.

Or, with intent, certain articles, to wit, &c. of great value, to wit, of the value of then and there being upon and about the person of the said child, feloniously to steal. take and carry away, against, &c.

Child Stealing.

Evidence. You must prove the taking of the child, as laid, that the child was under ten years, and such circumstances as will show the intent of the prisoner to deprive the parent of the child, or to steal the wearing apparel, or other article about the person of the child at the time.

The words of the statute “ to whomsoever such article shall belong," relieve the prosecutor from alleging or proving the property.

Indictment for Child Stealing by fraud. Hertfordshire, 2 The jurors for our lord the King upon their to wit.

Soath present, that A., late of the parish of in the county of labourer, on, &c., at the parish aforesaid, in the county aforesaid, one B. then and there, being [a boy) under the age of ten years, feloniously, maliciously and by fraud, did lead, take, decoy and entice away, with intent, certain articles, to wit, &c., of great value, to wit, of the sum of

then and there being upon and about the person of the said B., then and there feloniously steal, take and carry away, [or, with intent to deprive the parent, as in the last indictment,] 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.

Evidence. Here the evidence required, is the taking away. of the child, the age of the child, under ten years, together with the intention, whatever it may have been.

Indictment for Receiving and Harbouring a Stolen Child. Hertfordshire, The jurors for our lord the King, upon their to wit.

oath present, that heretofore, to wit, on, &c., at the parish of in the county of -one C. [or, a certain person to the jurors unknown,] did feloniously and maliciously (lead] (take) [decoy and entice away] one B., [a boy,] then and there being under the age of ten years, with intent, certain articles, to wit, &c., of great value, to wit, &c., then and there feloniously to steal, take and carry away [or, with intent to deprive the parent, as before]. And the jurors aforesaid, on their oath aforesaid, do further present, that A., late of in the county of

labourer, afterwards, and after the said B. was so led, &c. as aforesaid, to wit, on, &c., at the

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