"kept, shall, on conviction thereof] The 7 & 8 Geo. 4, c. 27, repealed 21 Edw. 1, stat. 2; 16 Geo. 3, c. 30; 42 Geo. 3, c. 107; 51 Geo. 3, c. 120; and so much of the Carta de Foresta, and of 3 Edw. 1, c. 20; 1 Edw. 3, stat.1, as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. Deer Keepers.]-By 24 & 25 Vict. c. 96, s. 16, "if any person "shall enter into any forest, chase 66 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 car ry 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 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 in "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. 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 "with or without hard labour, and in the proper county, and that it "with or without solitary confinewas not correctly stated in the in-"ment, and, if a male under the dictment for the second offence. 66 age of sixteen years, with or Rex v. Allen, R. & R. C. C. 513. "without whipping." (Former en egress at all times by means of holes at the top, may be the subjects of larceny. Reg. v. Cheafor, 2 Den. C. C. 361; 5 Cox, C. C. 367; 21 L. J., M. C. 43. (g) Fish. actment, 7 & 8 Geo. 4, c. 29, s. 29.) The 16 Geo. 3, c. 30, s. 9, authorized the seizing the guns of persons carrying them into grounds where deer are usually kept, with intent 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 unlaw 66 66 Pulling 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 & 8 Geo. 4, c. 29, s. 29. Hale, 2 C. & K. 326-Maule. A mere battery is not sufficient to" come within this enactment. Ib. Reg. v There must be a beating in the popular sense of the word. Ib. "such as hereinbefore mentioned, "but which shall be private prop 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 ". 66 (f) Doves or Pigeons. By 24 & 25 Vict. c. 96, s. "whosoever shall unlawfully and "wilfully kill, wound or take any "house-dove or pigeon under such "circumstances as shall not amount 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 any), such sum of money, not ex23,"ceeding 5l., as to the justice shall "seem meet: provided, that noth"ing herein before contained shall "extend to any person angling be "tween the beginning of the last "such water as first mentioned, "shall, on conviction before a jus "tice of the peace, forfeit and pay 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, "the expiration of the first hour s. 33.) "after sunset unlawfully and wilThis 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 protection of his own property, and under the bonâ fide belief that he 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 66 66 66 "whatsoever, within the limits of 66 ship or vill shall happen to be in or by the side of any such water any oyster bed, laying or fishery, 66 as is in this section before men- "being the property of any other tioned, it shall be sufficient to 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 oysship, or vill named in the indict-"ter brood, although none shall be "ment or information, or in any "parish, township, or vill adjoining thereto." (Former provision, 7 & 8 Geo. 4, c. 29, s. 36.) 66 66 66 66 66 actually taken, or shall unlawfully and wilfully, with any net, "instrument, or engine, drag upon "the ground or soil of any such "fishery, shall be guilty of a mis"demeanor, and being convicted "thereof shall be liable, at the dis"cretion of the court, to be impris "oned for any term not exceeding "three months, with or without "hard labour, and with or without "solitary confinement; By s. 25, "if any person shall at "any time be found fishing against "the provisions of this act, the owner of the ground, water, or fishery where such offender shall "be so found, his servant, or any person authorised by him, may "demand from such offender any 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 "6 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- 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.' 66 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 there were fences to keep in the deer, that there was nothing to keep in the fish, that they were not known to breed there, that nothing was done to stock the river, but that persons were never suffered to angle in the park without leave -Held, that this was not a place where fish were to be considered as "bred, kept, or preserved" within the meaning of the act. Ib. the penalty inflicted by that act. Lisle v. Brown, 1 Marsh. 127; 5 Taunt. 440. A person who fished in a fishery belonging to another, but to which he had a claim, for the purpose of giving occasion to an action in order to try the right, was not liable to a penalty under 5 Geo. 3, c. 14. Kinnersley v. Orpe, 2 Dougl. 517. A conviction under 5 Geo. 3, c. 14, for killing fish in a private river, without the consent of the owner, should state the offence to have been committed in an inclosed ground. Wickes v. Clutterbuck, 10 Moore, 63; 2 Bing. 483; S. P., Rex v. Sadler, 2 Chit. 519. And that it was without the con A defendant formed an oysterbed in a part of the Menai Straits where persons had been accustomed to dredge for oysters. The plaintiff bought of a dredger a quantity of oysters, when the defendant, having been informed that the oysters were taken from his bed, gave the plaintiff into custody on a charge of hav-sent of such owner. Rex v. Daman, ing in his possession stolen oysters. 2 B. & A. 378; 1 Chit. 147 : S. P., The plaintiff having been discharg-Rex v. Corden, 4 Burr. 2279. ed, brought an action for false imprisonment, when the defendant relied on 7 & 8 Geo. 4, c. 29, s. 36: and, in order to shew that he acted bonâ fide and under the belief that the oysters were stolen, he tendered in evidence the record of the conviction of a person who had shortly before been tried for taking oysters from the same bed of the defendant:-Held, that the record, merely as such, was inadmissible. Thomas v. Russell, 9 Exch. 764; 2 C. L. R. 542; 23 L. J., Exch. 233. 66 So, a conviction on the same statute, for fishing without consent of the owner, in part of a certain stream, which runs between B. in the parish of A., in the county of W., and C., in the same parish and county," quashed, because it did not appear that the intermediate course of the stream betwen the two termini in which the offence was alleged to be committed was in the county of W., and within the jurisdiction of the convicting magistrate. Rex v. Edwards, 1 East, 278. (h) Dogs. Objection to a conviction for unlawfully taking and killing fish, in that it did not allege that the de- By 24 & 25 Vict. c. 96, s. 18, fendant had not the license or con"whosoever shall steal any dog sent of the owner; but that it mere- shall, on conviction thereof before ly alleged that he took and killed" two justices of the peace, either the fish unlawfully and against the" be committed to the common gaol form of the statute, is good, and" or house of correction, there to be therefore it was quashed. Rex v. imprisoned, or to be imprisoned Mallinson, 2 Burr. 679; 2 Ld. Ken-" and kept to hard labour, for any yon, 384. "term not exceeding six months, or A stream of water running by "shall forfeit and pay, over and the side of a piece of ground, which" above the value of the said dog, is inclosed on every side except that "such sum of money, not exceedon which it is bounded by the water, "ing 20., as to the said justices was not a stream in inclosed ground, "shall seem meet; and whosoever, within 5 Geo. 3, c. 14, s. 3, so as to "having been convicted of any such subject a person fishing therein to "offence, either against this or any "former act of Parliament, shall | Robinson, Bell, C. C. 34; 5 Jur., N. "afterwards steal any dog, shall be S. 203; 28 L. J., M. C. 58. 66 guilty of a misdemeanor, and being convicted thereof shall be "liable, at the discretion of the "court, to be imprisoned for any "term not exceeding eighteen exceeding eighteen "months, with or without hard la"bour." (Former provision, 8 & 9 Vict. c. 47, s. 2.) 66 66 66 66 66 (i) Birds and other Animals. By s. 21, "whosoever shall steal any bird, beast, or other animal "ordinarily kept in a state of confinement or for any domestic purpose, not being the subject of larceny at common law, or shall wilBy s. 19, "whosoever shall un- fully kill any such bird, beast or "lawfully have in his possession or animal, with intent to steal the "on his premises any stolen dog, or same or any part thereof, shall, "the skin of any stolen dog, know- "on conviction thereof before a jus"ing such dog to have been stolen" tice of the peace, at the discretion "or such skin to be the skin of a" of the justice, either be committed stolen dog, shall, on conviction" to the common gaol or house of "thereof before two justices of the "correction, there to be imprisoned "peace, be liable to pay such "only, or to be imprisoned and sum of money, not exceeding 201., “kept to hard labour for any term "as to such justices shall seem "not exceeding six months, or else "meet; and whosoever, having "shall forfeit and pay, over and "been convicted of any such offence," above the value of the bird, beast, "either against this or any former or other animal, such sum of mon"act of Parliament, shall after-"ey not exceeding 201, as to the just"wards be guilty of any such of-"ice shall seem meet; and whoso"fence as in this section before" ever, having been convicted of "mentioned, shall be guilty of a "any such offence, either against “misdemeanor, and being convicted" this or any former act of Parlia"thereof shall be liable, at the dis-"ment, shall afterwards commit "cretion of the court, to be impris- any offence in this section before "oned for any term not exceeding mentioned, and shall be convicted eighteen months, with or without "thereof in like manner, shall be "hard labour." (Former provision, committed to the common gaol 8 & 9 Vict. c. 47, s. 3.) 66 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." 66 66 66 66 66 66 66 66 66 66 By s. 20," whosoever shall corruptly take any money or reward, "directly or indirectly, under pretence or upon account of aiding any person to recover any dog By s. 22," if any such bird, or any "which shall have been stolen, or "of the plumage thereof, or any dog, "which shall be in possession of any or any such beast, or the skin thereperson not being the owner there-" of, or any such animal, or any "of, shall be guilty of a misdemean- " part thereof, shall be found in the "or, and being convicted thereof "possession or on the premises of "shall be liable, at the discretion of any person, any justice may re"the court, to be imprisoned for "store the same respectively to the any term not exceeding eighteen owner thereof; and any person 66 months, with or without hard la- "in whose possession or on whose "bour." (Former provision, 7 & 8" premises such bird or the plumage Vict. c. 47, s. 4.) thereof, or such beast or the skin " thereof, or such animal or any " part thereof, shall be so found |
