transportation for not less than fifteen years. An indictment charged a person with feloniously stealing a mare, saddle and bridle, and did not conclude contra formam statuti. A verdict of guilty was found:-Held, that, as stealing the mare, as well as stealing the saddle and bridle, was a felony at common law, and not created or altered in its nature by statute, the offence was correctly described in the indictment, and the statutable punishment of fifteen years' transportation would attach to the stealing the mare. Williams v. Reg. (in error), 7 Q. B. 251. Evidence. ]-Two, indicted for horse-stealing in county A., were found in joint possession of two horses in that county, which they had jointly taken at different times and places in county B.:--Held, that evidence could be given of one only of the takings in county B., each taking being a separate felony. Rex v. Smith, R. & M. 295--Littledale. Indictment for stealing two horses in Kent; the only evidence of stealing in Kent was that the constable having taken the prisoner in Surrey, and the prisoner having offered on some pretence to go to a place in Kent, the constable and the prisoner rode the horses there, and the prisoner escaped, leaving the horses with the constable :-Held, not sufficient. Rex v. Simmonds, 1 M. C. C. 408. A. had agisted his horse with B., and in consequence of hearing of the loss of it, A. went to the field of B., where it was not :-Held, to be not sufficient proof of loss to support an indictment for horse-stealing. Rex v. Yend, 6 C. & P. 176— Gurney. (c) Cattle. An indictment for stealing a cow cannot be supported by evidence of stealing a heifer. Rex v. Cook, 1 FISH. DIG.--21. Leach, C. C. 105; 2 East, P. C. 616. The beast, however old, is a heif er until she has had a calf. Ib. The phrase bullock-stealing, in 7 Geo. 4, c. 64, s. 28, relating to the allowance of rewards in certain cases for the discovery of offenders, includes all cases of cattle-stealing of that particular description, e. g. ox, cow, heifer, &c. Rex v. Gillbrass, 7 C. & P. 445. (d) Sheep-Stealing. An indictment for stealing a sheep is supported by proof of stealing a ewe or a ram, though the statute specifies "ram, ewe, sheep or lamb." Reg. v. M' Culley, 2 M. C. C. 34; 2 Lewin, C. C. 272. A sheep was called in the indictment a ewe, and, by the witnesses, the proper name was said to be a ewe teg:-Held, that the description was bad. Reg. v. Jewett, 2 Cox, C. C. 227-Pollock. On the trial of an indictment under 7 & 8 Geo. 4, c. 29, s. 25, for stealing one sheep," some of the witnesses stated the animal to be a sheep, others a lamb. It was between nine and twelve months old; and the jury who convicted the prisoner found, that, in common parlance, according to the usual mode of describing such animals, it would be called a lamb. Conviction held right, the word "sheep being general. Reg. v. Spicer, 1°C. & K. 699; 1 Den. C. C. 82. On an indictment for sheep-stealing, a rig sheep is properly described as "one sheep." Rex v. Stroud, 6 C. & P. 535-Alderson. A prisoner was indicted for sheepstealing. The prosecutor lost a sheep in September; it was found in the prisoner's possession in the March following. There was no other evidence of larceny than the possession:-Held, that the period between the loss and the finding was too long to permit the case to go to the jury. Reg. v. Harris, 8 Cox, C. C. 333. Where a prisoner was found in "such second offence be of the the recent possession of some stolen "same description as the first or sheep, of which he could give no "not, shall be guilty of felony, and satisfactory account, and it might "being convicted thereof shall be reasonably be inferred from the cir-" liable, at the discretion of the cumstances that he did not steal" court, to be imprisoned for any them himself:-Held, that there" term not exceeding two years, was evidence for the jury that he "with or without hard labour, and received them knowing them to "with or without solitary confinehave been stolen. Reg. v. Lang-"ment, and, if a male under the mead, L. & C. 427; 9 Cox, C. Č.“ age of sixteen years, with or 464; 10 L. T., N. S. 350. "without whipping." (Former provision, 7 & 8 Geo. 4, c. 29, s. 26.) A. being tried for sheep-stealing, it was proposed to call the wife of B. to prove that A. and B. had In inclosed Grounds.]-By s. 13, jointly stolen the sheep, B. having "whosoever shall unlawfully and been convicted of it at the previous "wilfully course, hunt, snare or quarter sessions :-Held, that she " carry away, or kill or wound, or was a competent witness. Reg. v." attempt to kill or wound, any Williams, 8 C. & P. 284-Alderson." deer kept or being in the inclosed If a man kills a sheep in county part of any forest, chase or purA., and carries the carcase into "lieu, or in any inclosed land where county B., he may be convicted up-" deer shall be usually kept, shall on an indictment for stealing, tak-"be guilty of felony, and, being ing and driving away sheep into "convicted thereof, shall be liable, county B. If a man kills a sheep "at the discretion of the court, to in county A., and carries the carcase "be imprisoned for any term not into county B., he cannot be con- exceeding two years, with or victed of killing the sheep with in-" without hard labour, and with or tent to kill the carcase in county B." without solitary confinement, and Reg. v. Newland, 2 Cox, C. C. 283." if a male under the age of sixteen years, with or without whipping." (Former provision, 7 & 8 Geo. 4, c. 29, s. 26.) 66 (e) Deer. 66 Unlawful Possession of Venison.]-"As to what is a suspicious possession of venison," see s. 14. Setting Engines for Taking or Killing.]-By s. 15, "whosoever Stealing Deer in uninclosed Forests.]-By 24 & 25 Vict. c. 96, s. 12," whosoever shall unlawfully "and wilfully course, hunt, snare "or carry away, or kill or wound," or attempt to kill or wound, any "deer kept or being in the unin"closed part of any forest, chase or purlieu, shall for every such" shall unlawfully and wilfully set offence, on conviction thereof be- " or use any snare or engine what"fore a justice of the peace, forfeit" soever, for the purpose of taking "and pay such sum, not exceeding "or killing deer, in any part of any "507., as to the justice shall seem "forest, chase or purlieu, whether meet; and whosoever having been "such part be inclosed or not, or in "previously convicted of any offence" any fence or bank dividing the relating to deer, for which a pecu- same from any land adjoining, or "niary penalty shall have been im- "in any inclosed land where deer 'posed by this or by any former" shall be usually kept, or shall un"act of Parliament, shall after-"lawfully and wilfully destroy any "wards commit any of the offences" part of the fence of any land "herein before enumerated, whether "where any deer shall be then 66 66 "kept, shall, on conviction thereof "before a justice of the peace, for"feit and pay such sum of money, not exceeding 207., as to the just"ice shall seem meet." (Former provision, 7 & 8 Geo. 4, c. 29, s. 28.) The 7 & 8 Geo. 4, c. 27, repealed 21 Edw. 1, stat. 2; 16 Geo. 3, c. 30; 42 Geo. 3, c. 107; 51 Geo. 3, c. 120; and so much of the Carta de Foresta, and of 3 Edw. 1, c. 20; 1 Edw. 3, stat.1, as related to this subject; and 24 & 25 Vict. c. 95, repeals 7 & 8 Geo. 4, c. 29. A commitment under 7 & 8 Geo. 4, c. 29, s. 26, reciting a conviction that the defendant "did unlawfully kill and carry away one fallow deer, the property of her Majesty Queen Victoria, against the form of the statute," was bad for omitting to state that the deer was in the uninclosed part of some forest, chase or purlieu. Reg. v. King, 1 D. & L. 721; 8 Jur. 271; 13 L. J., M. C. 43-B. C.-Patteson. 66 Deer Keepers.]-By 24 & 25 Vict. c. 96, s. 16, "if any person "shall enter into any forest, chase or purlieu, whether inclosed or What is Deer.]-The term deer" not, or into any inclosed land includes all kinds of deer, all ages "where deer shall be usually kept, and both sexes. Reg. v. Strange," with intent unlawfully to hunt, 1 Cox, C. C. 58-Maule. course, wound, kill, snare or carry away any deer, every person "intrusted with the care of such "deer, and any of his assistants, "whether in his presence or not, 66 66 in 66 Inclosures.]-An inclosure in the Forest of Dean, made under a statute, for the protection of timber, and surrounded by a ditch and a may demand from every such of bank, which were sufficient to pre- "fender any gun, firearms, snare or vent cattle from getting into it, but "engine in his possession, and any over which the deer could pass dog there brought for hunting, or out at their free will, was an in- " coursing or killing deer, and in closed part of a forest, within 7 & "case such offender shall not im8 Geo. 4, c. 29, s. 26. Reg. v. "mediately deliver up the same, Money, 2 Russ. C. & M. 371-Erle." may seize and take the same from The words "wherein deer shall "him in any of those respective be usually kept" refer to inclosed" places, or, upon pursuit made, in land only. Ib. any other place to which he may "have escaped therefrom, for the Convictions.]-On an indictment "use of the owner of the deer; under 7 & 8 Geo. 4, c. 29, s. 26," and if any such offender shall for killing a deer after a previous "unlawfully beat or wound any summary conviction, a conviction" person intrusted with the care of by two justices of the previous of- "the deer, or any of his assistants, fence was put in :-Held, that such" in the execution of any of the a conviction was good. Rex v. 66 powers given by this act, every Weale, 5 C. & P. 135-Park. "such offender shall be guilty of Upon an indictment for a second "felony, and being convicted thereoffence against 42 Geo. 3, c. 107," of shall be liable, at the discretion by killing deer, objections might" of the court, to be imprisoned for have been taken to the conviction" any term not exceeding two years, for the first offence, that it was not in the proper county, and that it was not correctly stated in the indictment for the second offence. Rex v. Allen, R. & R. C. C. 513. "with or without hard labour, and "with or without solitary confine"ment, and, if a male under the 66 age of sixteen years, with or "without whipping." (Former en (g) Fish. actment, 7 & 8 Geo. 4, c. 29, s. 29.) | egress at all times by means of The 16 Geo. 3, c. 30, s. 9, author- holes at the top, may be the subized the seizing the guns of persons jects of larceny. Reg. v. Cheafor, carrying them into grounds where 2 Den. C. C. 361; 5 Cox, C. C. deer are usually kept, with intent 367; 21 L. J., M. C. 43. to destroy them, and made the beating or wounding the keepers, in the due execution of their offices, By 24 & 25 Vict. c. 96, s. 24, felony :- Held, that an assistant-" whosoever shall unlawfully and keeper had no right to seize the "wilfully take or destroy any fish person of one so armed in order to "in any water which shall run get his gun, without having first "through or be in any land addemanded his gun; and, conse- joining or belonging to the dwellquently, if such person beat the "ing-house of any person being the keeper it was not within the statute, owner of such water, or having the keeper not being in the due ex-"a right of fishery therein, shall ecution of his office. Rex v. Amey," be guilty of a misdemeanor; R. & R. C. C. 500. "And whosoever shall unlawPulling a deer-keeper to the "fully and wilfully take or destroy, ground and holding him there while" or attempt to take or destroy, another person escapes, is not a beat- any fish in any water not being ing of the deer-keeper within 7 & "such as hereinbefore mentioned, 8 Geo. 4, c. 29, s. 29. Reg. v "but which shall be private propHale, 2 C. & K. 326-Maule. A mere battery is not sufficient to come within this enactment. Ib. There must be a beating in the popular sense of the word. Ib. (f) Doves or Pigeons. erty, or in which there shall be "any private right of fishery, shall, on conviction thereof before a "justice of the peace, forfeit and pay, over and above the value of "the fish taken or destroyed (if any), such sum of money, not exBy 24 & 25 Vict. c. 96, s. 23,"ceeding 57., as to the justice shall "whosoever shall unlawfully and " seem meet provided, that noth"wilfully kill, wound or take any "ing hereinbefore contained shall "house-dove or pigeon under such "extend to any person angling be"circumstances as shall not amount "tween the beginning of the last "to larceny at common law, shall" hour before sunrise and the exon conviction before a justice of "piration of the first hour after "the peace, forfeit and pay, over sunset; but whosoever shall by "and above the value of the bird," angling between the beginning of any sum not exceeding 21." (For- "the last hour before sunrise and mer provision, 7 & 8 Geo. 4, c. 29, s. 33.) "the expiration of the first hour "after sunset unlawfully and wil This enactment does not apply fully take or destroy, or attempt where the killing, though unlaw-" to take or destroy, any fish in any ful, is done by the party for the "such water as first mentioned, protection of his own property, and "shall, on conviction before a jusunder the bonâ fide belief that he "tice of the peace, forfeit and pay is acting in the exercise of a legal" any sum not exceeding 57., and if right. Taylor v. Newman, 4 B. & "in any such water as last menS. 69; 9 Cox, C. C. 314; 32 L. J., "tioned he shall, on the like conM. C. 186; 11 W. R. 752; 8 L."viction, forfeit and pay any sum, T., N. S. 424. not exceeding 27., as to the justice Pigeons kept in an ordinary dove-" shall seem meet; and if the cote, having liberty of ingress and "boundary of any parish, town "ship or vill shall happen to be in "whatsoever, within the limits of or by the side of (6 such water any 66 as is in this section before men"tioned, it shall be sufficient to 66 66 any oyster bed, laying or fishery, being the property of any other person, and sufficiently marked prove that the offence was com- out or known as such, for the "mitted either in the parish, town- purpose of taking oysters or oys"ship, or vill named in the indict-"ter brood, although none shall be "ment or information, or in any "actually taken, or shall unlaw"parish, township, or vill adjoin- " fully and wilfully, with any net, "ing thereto." (Former provision," instrument, or engine, drag upon 7 & 8 Geo. 4, c. 29, s. 36.) "the ground or soil of any such By s. 25, "if any person shall at "fishery, shall be guilty of a mis"any time be found fishing against" demeanor, and being convicted "the provisions of this act, the "thereof shall be liable, at the disowner of the ground, water, or "cretion of the court, to be impris "fishery where such offender shall" oned for any term not exceeding "be so found, his servant, or any "three months, with or without "person authorised by him, may "hard labour, and with or without "demand from such offender any solitary confinement; rod, line, hook, net, or other im- "And it shall be sufficient in "plement for taking or destroying " any indictment to describe either "fish which shall then be in his "by name or otherwise the bed, "possession; and in case such of "laying, or fishery in which any of "fender shall not immediately de-"the said offences shall have been "liver up the same, may seize and "committed,. without stating the "take the same from him for the "same to be in any particular par"use of such owner: provided," ish, township or vill: provided, "that any person angling against "that nothing in this section con"the provisions of this act, be-"tained shall prevent any person "tween the beginning of the last" from catching or fishing for any "hour before sunrise and the ex- 66 floating fish within the limits of piration of the first hour after" any oyster fishery with any net, "sunset, from whom any imple-" instrument, or engine adapted for "ment used by anglers shall be "taking floating fish only." taken, or by whom the same "shall be so delivered up, shall by "the taking or delivering thereof "be exempted from the payment "of any damages or penalty for "such angling." (Similar to 7 & 8 Geo. 4, c. 29, s. 35.) The 7 & 8 Geo. 4, c. 27, repealed the 31 Hen. 8, c. 2; 5 Eliz. c. 21; 5 Geo. 3, c. 14; and 24 & 25 Vict. c. 95, repeals 7 & 8 Geo. 4, c. 29 ; and 7 Will. 4 & 1 Vict. c. 90, s. 5. Semble, an indictment on 5 Geo. 3, c. 14, s. 1, for stealing fish out of a river running through an inclosed park, need not have stated the ways, means, or devices by which the fish were taken. Rex v. Carradice, R. & R. C. C. 205. On an indictment on 5 Geo. 3, c. 14, s. 1, for entering an inclosed park, and taking fish bred, kept, and preserved there, in the river Kent, running through the park, it appeared that the park was walled round, except where the river entered and passed out, and that |