Page images
PDF
EPUB

Deer and
Venison.

Indictment for Coursing, Hunting, 8c. in the uninclosed part

of a Forest, &c., the Prisoner having been before convicted sum7 & 8G.4, c. 29.

marily before a Magistrate. Hertfordshire, The jurors, &c. [as before] that heretofore,

to wit. s to wit, on, &c., at, &c. in the county of A. was duly convicted before J. P., esquire, one of the justices of our said lord the King, assigned to keep the peace of our said lord the King, for the county of Hertford, and also to hear and determine divers felonies, trespasses and misdemeanors in the said county committed, for that he the said A. on the day of

in a certain uninclosed part of a certain forest * called situate and being in the parish of in the county of did unlaw. fully and wilfully course, &c. [as the case may be] one [fallow] deer, of the price of then and there kept and being, against the form of the statute in that case made and provided, and that the said J. P., esquire, therefore adjudged [here set out the conviction accurately]. And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said A., &c. (set out the indictment, as in the last precedent, according to the particular facts).

in the year

Evidence. You must put in the conviction in this case, or prove it by an examined copy; and, show, moreover, that the prisoner was the individual convicted.

The remainder of the evidence will be the same as upon the first indictment for coursing and killing deer.

Dogs, &c.

DOGS, &c. The 34 Edw. 3, c. 22; 37 Edw. 3, as to hawks, c. 19; 10 Geo. 3, c. 18, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT. 7 & 8G.4, c. 29.

7 & 8 Geo. 4, c. 29. Stealing dogs,

Sect. XXXI. And be it enacted, That if any person shall or stealing steal any dog, or shall steal any beast or bird ordinarily kept beasts or birds

in a state of confinement, not being the subject of larceny at ordinarily kept in confinement

common law, every such offender, being convicted thereof be

* Chace or purlieu.

fore a justice of the peace, shall for the first offence forfeit and Dogs, 8c. pay, over and above the value of the dog, beast or bird, such sum of money, not exceeding twenty pounds, as to the justice 7 & 8 G.4, c. 29. shall seem meet; and if any person so convicted shall after- and not the wards be guilty of any of the said offences, and shall be con- subjects of victed thereof in like manner, every such offender shall be

larceny. committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

Sect. XXXII. And be it enacted, That if any dog or any Persons found such beast, or the skin thereof, or any such bird, or any of the in possession plumage thereof, shall be found in the possession or on the of stolen dogs,

&c., liable to premises of any person by virtue of a search warrant, to be

penalties. granted as hereinafter mentioned, the justice by whom such warrant was granted may restore the same respectively to the owner thereof; and the person in whose possession or on whose premises the same shall be so found (such person knowing that the dog, beast or bird has been stolen, or that the skin is the skin of a stolen dog or beast, or that the plumage is the plumage of a stolen bird,) shall, on conviction before a justice of the peace, be liable for the first offence to such ture, and for every subsequent offence to such punishment, as persons convicted of stealing any dog, beast or bird are hereinbefore made liable to.

Note.Though ducks, geese, hens, turkies, peacocks, &c. may be the subject of larceny at common law, the present statute will punish the catching of animals or birds originally feræ naturæ, if they have been put into a state of confinement, as lions, tigers, &c. kept in a menagerie. The offence of stealing dogs, was declared by 10 Geo. 3, to be a misde

Property in ferrets kept in confinement, will now, it seems, be protected ; although the offence of stealing them be not larceny. R. v. Searing, Russ. & Ry. 350.

meanor.

Dwelling house,

DWELLING HOUSE, STEALING IN. stealing in.

The 23 Hen. 8, c. 1; 1 Edw. 6, c. 12, s. 10; 5 & 6 Edw. 6,

c. 9; 39 Eliz. c. 15; 3 Wm. & Mary, c. 9, s. 1; 10 Wm. 3, c. 12, as to house-breaking ; 6 Anne, c. 9; 12 Anne, st. 1, c. 7, s. 1 & 2, repealed by 7 & 8 Geo. 4, c 27.

LARCENY ACT. 7 & 8 G.4,c. 29.

7 & 8 Geo. 4, c. 29. House-breaking Sect. XII. And be it enacted, That if any person shall break and stealing in and enter any dwelling house, and steal therein any chattel, a house, when capital.

money or valuable security to any value whatever, or shall steal any such property to any value whatever in any dwelling house, any person therein being put in fear; or shall steal in any dwelling house any chattel, money or valuable security to the value in the whole of five pounds or more; every such

offender, being convicted thereof, shall suffer death as a felon. Robbery in any

Sect. XIV. And be it enacted, That if any person shall building within break and enter any building, and steal therein any chattel, the same curtilage as the

money or valuable security, such building being within the house, but not curtilage of a dwelling house, and occupied therewith, but not privileged as being part thereof according to the provision hereinbefore

mentioned, every such offender, being convicted thereof, either house.

upon an indictment for the same offence, or upon an indict. ment for burglary, house-breaking, or stealing to the value of £.5. in a dwelling house, containing a separate count for such offence, 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.

part of the

Note.-The latter is the new enactment respecting build-, ings within the curtilage. The offences mentioned here are,

1. Jousebreaking

II. Stealing in a dwelling house, any person being therein, and put in fear.

III. Larceny to the amount of £.5 therein. By this consolidating statute, it is worthy of remark, that, whether any

one be or not in the house, the breaking and stealing will be Dwelling house, a capital offence, and there is no mention of a particular case stealing in. as in the 30th Eliz. which speaks of 5 s. or upwards.

It seems, that the breaking should be such, as, were it 7 & 8G.4, c. 29. committed in the night, would amount to burglary.

The offence of robbing in a booth or tent, which was hitherto capital, is not mentioned in the new act, perhaps because the legislature has determined no longer to lend any assistance to the maintenance of fairs, or on account of the disuse of such wandering and uncertain domiciles.

Although the judges were once disposed to think that it was sufficient, from force, without alleging it in the indictment, it is now held necessary to put upon the record, that the inmates of the house were put in fear by the prisoners. 2 Leach, 671, Rex v. Etherington.

With reference to the stealing in dwelling houses without putting in fear, it is observable that the punishments were principally levelled, in the first instance, against servants.

Indictment for Housebreaking.
Wiltshire, 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, the dwelling
house of one B., there situate, feloniously did break and enter,
and [state the goods stolen,] of the value, &c., of the goods and
chattels of the said B., in the same dwelling house then and
there being found, then and there feloniously did steal, take
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.

Evidence. The breaking and entering the house must be proved in this case, and it must be shown that the prisoner committed the offence. It seems, that the breaking should be such as would constitute burglary if done in the night. The local situation

of the premises should also be proved, and the loss of some property must also appear, either belonging to the owner of the house there broken and entered, or of some other person, and in this latter case there would be a count laying the property in that other person.

* Material,

Dwelling house, This indictment for housebreaking will be sustained, alstealing in.

though the premises broken into be outhouses, provided that

they communicate immediately with the dwelling houses, or 7 & 8 G.4,c.29. by a covered passage.

Indictment for Larceny in a Dwelling House, some person

therein being put in fear. Berkshire, 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, one [describe the goods stolen] of the value, t [&c.] of the goods and chattels of one B., in the dwelling house of the said B., situate in the parish aforesaid, in the county aforesaid, then and there being found, then and there feloniously did steal, take and carry away, and that one C. was in the said dwelling house at the time of committing the felony aforesaid, and was therein, on the same day and year aforesaid, put in bodily fear of his life by the said A., against the form of the statute in such case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence. The ingredients in this offence, are, the larceny from the dwelling house of the prosecutor, or some other person, the guilt of the prisoner, and the fact of some person having been in the house, and put in fear. These three circumstances must be proved, and the situation of the house must, moreover, be shown. If the building be within the curtilage of the dwelling house, and part of it, so that there be a communication between the building and the dwelling house, either immediate, or by means of a covered or inclosed passage leading from the one to the other, it is protected, and is within the statute.

The prisoner may be convicted of simple larceny under this indictment, or of stealing to the amount of £.5.

Indictment for Stealing Goods of the value of Five Pounds from

a Dwelling House. 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,

[blocks in formation]
« EelmineJätka »