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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 if any person shall unlawfully and wilfully course, In uninclosed : hunt, snare, or carry away, or kill or wound, or attempt to kill Part of Forést, or wound, any Deer kept or being in the uninclosed Part of any Chase, &c. , Forest, Chase, or Purlieu, he shall for every such Offence, on Conviction thereof before a Justice of the Peace, forfeit and pay.

summarily. such Sum, not exceeding Fifty Pounds, as to the Justice shall seem meet; and if any Person, who shall have been previously Deer stealing. convicted of any Offence relating to Deer for which a pecuniary in uninclosed Penalty is by this Act imposed, shall offend a Second Time, by Ground. ... committing any of the Offences herein-before last enumerated, Second Offence such Second Offence, whether it be of the same Description as as to Deer, the First Offence or not, shall be deemed Felony, and such Felony. Offender, being convicted thereof, shall be liable to be punished . in the same Manner as in the Case of Simple Larceny.

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XXVII. And be it enacted, That if any Deer, or the Head, Persons found Skin, or other Part thereof, or any Snare or Engine for the taking in possession of of Deer, shall by virtue of a Search Warrant, to be granted as here- Venison, &c. in-after mentioned, be found in the Possession of any Person or on not satisfac- .. the Premises of any Person with his Knowledge, and such Person, torily accountbeing carried before a Justice of the Peace, shall not satisfy the ing for it. Justice that he came lawfully by such Deer, or the Head, Skin, or other Part thereof, or had a lawful Occasion for such Snare or Engine, and did not keep the same for any unlawful Purpose, he shall on. Conviction by the Justice, forfeit and pay any Sum not exceeding Twenty Pounds; and if any such Person shall not under the Provisions aforesaid In case they be liable to Conviction, then, for the Discovery of the Party who cannot be con. actually killed or stole such Deer, it shall be lawful for the Justice, victed, how at his Discretion, as the Evidence given and the Circumstances · Justice may of the Case shall require, to summon before him every Person proceed. .. through whose Hands such Deer, or the Head, Skin, or other Part thereof, shall appear to have passed ; and if the Person from whom the same shall have been first received, or who shall have had Possession thereof, shall not satisfy the Justice that he came lawfully by the same, he shall on Conviction by the Justice, be liable to the Payment of such Sum of Money as is herein-before last mentioned.

XXVIII. And be it enacted, That if any Person shall unlaw. Setting Engines fully and wilfully set or use any Snare or Engine whatsoever for for taking the Purpose of taking or killing Deer, in any part of any Forest, Deer, Chase, or Purlieu, whether such Part be inclosed or not, or in any Fence or Bank dividing the same from any Land adjoining, or in any inclosed Land where Deer shall be usually kept, or shall unlawfully and wilfully destroy any part of the Fence of any Land where any Deer shall be then kept, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay such Sum of Money, not exceeding Twenty Pounds, as to the Justice shall seem meet.

XXIX. And be it enacted, That if any person shall enter into any Forest, Chase, or Purlieu, whether inclosed or not, or into any inclosed Land where

Deer

Deer shall be usually kept, with Intent unlawfully to hunt, course, wound, kill, spare, or carry away any Deer, it shall be lawful for every person entrusted with the Care of such Deer, and for any of his Assistants, whether in his Presence

or not, to demand from every such Offender any Gun, Fire-arms, Guns may be Snare or Engine in his Possession, and any Dog there brought for seized. hunting, coursing, or killing Deer, and in case such Offender

shall not immediately deliver up the same, to seize and take the same from him in any of those respective Places, or, upon Pursuit made, in any other Place to which he may have escaped therefrom, for the Use

of the Owner of the Deer; and if any such Offender shall unWounding lawfully beat or wound any Person entrusted with the Care Keepers,

of the Deer, or any of his Assistants, in the Execution of any Felony.

of the Powers given by this Act, 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. Killing, fc. XXX. And be it enacted, That if any Person shall unlawHares or Co- fully and wilfully in the Night-time take or kill any Hare or Coney nies in a War in any Warren or Ground lawfully used for the breeding or keepren in Night.

ing of Hares or Conies, whether the same be inclosed or not, time.

every such Offender shall be guilty of a Misdemeanor, and, being

convicted thereof, shall be punished accordingly; and if any PerThe like in son shall unlawfully and wilfully in the Day-time take or kill any Day-time. Hare or Coney in any such Warren or Ground, or shall at any

Time set or use therein any Snare or Engine for the taking of Hares or Conies, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay such Sum of Money, not exceeding Five Pounds,

as to the Justice shall seem meet: Provided always, that nothing Proviso. herein contained shall affect any Person taking or killing in the

Day-time any Conies on any Sea Bank or River Bank in the County of Lincoln, so far as the Tide shall extend, or withiu One Furlong of such Bank.

Stealing Dogs, XXXI. And be it enacted, That if any Person shall steal any or Beasts or Dog, or shall steal any Beast or Bird ordinarily kept in a State Birds ordinarily of Confinement, not being the Subject of Larceny at Common kept in Con.

Law, every such Offender, being convicted thereof before a finement.

Justice of the Peace, shall for the First Offence forfeit and pay,

over and above the Value of the Dog, Beast, or Bird, such Sum of Money, not exceeding Twenty Pounds, as to the Justice shall seem meet; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be 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.

XXXII. And be it enacted, That if any Dog or any such Beast, or the Skin thereof, or any such Bird, or any of the Plumage thereof, shall be found in the Possession or on the Premises of any Person by virtue of a Search Warrant, to be

Stolen Dogs, &c. may be restored to Ouncrs.

granted

granted as herein-after mentioned, the Justice by whom such Persons in posWarrant was granted may restore the same respectively to the session liable to Owner thereof; and the Person in whose Possession or on whose Penalties, &c. Premises the same shall be so found (such Person knowing that as for stealing. 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 Forfeiture, and for every subsequent Offence to such Punishment, as Persons convicted of stealing any Dog, Beast, or Bird are herein-before made liable to.

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XXXIII. And be it enacted, That if any Person shall un- Pigeoris. lawfully and wilfully kill, wound, or take any House Dove or Pigeon, under such circumstances as shall not amount to Larceny at Common Law, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay, over and above the Value of the Bird, any Sum not exceeding Two Pounds.

er, bere shall said, twittem

XXXIV. And be it enacted, That if any person shall un- Unlawfully lawfully and wilfully take or destroy any Fish in any Water which fishing, shall run through or be in any Land adjoining or belonging to the Dwelling House of any person being the owner of such Water, or having a Right of Fishery therein, every such Offender shall be guilty of a Misdemeanor, and, being convicted thereof, shall be punished accordingly; and if any Person shall unlawfully and wilfully take or destroy, or attempt to take or destroy, any Fish in any Water not being such as aforesaid, but which shall be private Property, or in which there shall be any private Right of Private Fishery, every such Offender, being convicted thereof before a Fisheries. Justice of the Peace, shall forfeit and pay, over and above the Value of the Fish taken or destroyed (if any), such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet: Pro vided always, that nothing herein-before contained shall extend to Anglers. any Person angling in the Day-time; but if any Person shall by angling in the Day-time unlawfully and wilfully take or destroy, or attempt to take or destroy, any Fish in any such Water as first mentioned, he shall, on Conviction before a Justice of the Peace, forfeit and pay any Sum not exceeding Five Pounds; and if in any such Water as last mentioned, he shall, on the like Conviction, forfeit and pay any Sum not exceeding Two Pounds, as to the Justice shall seem meet; and if the Boundary of any Parish, Township, or Vill shall happen to be in or by the Side of any such Water as is herein-before mentioned, it shall be sufficient to prove that the Offence was committed either in the Parish, Township, or Vill named in the Indictment or Information, or in any Parish, Township, or Vill adjoining thereto.

XXXV. And be it enacted, That if any Person shall at any Tackle of PerTime be found fishing against the Provisions of this Act, it shalt sons fishing be lawful for the Owner of the Ground, Water, or Fishery where may be seized. such Offender shall be found, his Servants, or any Person authorized by him, to demand from such Offender any Rods, Lines, Hooks, Nets, or other Implements for taking or destroying Fish, which shall then be in his Possession, and in case such Offender shall not immediately deliver up the same, to seize and take the same from him for the Use of such Owner: Provided always, that any Person angling in the Day-time against the Provisions

of

stealing or

other being the power as such

of this Act, from whom any Implements 'used by Anglers shall be takeni, or by whom the same shall be delivered up as aforesaid, shall by the taking or delivering thereof be exempted from the Payment of any Damages or Penalty for such Angling Stealing

XXXVI. And be it enacted, That if any Person shall steal Oysters or any Oysters or Oyster Brood from any Oyster Bed, Laying, or Oyster Brood. Fishery, being the Property of any other person, and sufficiently

marked out or kuown as such, every such Ofender shall be deemed guilty of Larceny, and, being convicted thereof, shall be punished

accordingly; and if any Person shall unlawfully and wilfully use Dredging un- any Dredge, or any Net, Instrument, or Engine whatsoever, lawfully within the Limits of any such Oyster Fishery, for the Purpose of

taking Oysters or Oyster Brood, although none shall be actually taken, or shall, with any Net, Instrument, or Engine, drag upon the Ground or Soil of any such Fishery, every such Person shall be deemed guilty of a Misdemeanor, and, being convicted thereof, shall be punished by Fine or Imprisonment, or both, as the Court shall award; such Fine not to exceed Twenty Pounds, and such Imprisonment not to exceed Three Calendar Months; and it shall be sufficient in any Indictment or Information to describe, either by Name or otherwise, the Bed, Laying, or Fishery in which any of the said Offences shall have been committed, without stating the same to be in any par

ticular Parish, Township, or Vill: Provided always, that nothing Proviso. herein contained shall prevent any Person from catching or fish

ing for any floating Fish within the Limits of any Oyster Fishery with any Net, Instrument, or Engine adapted for taking floating Fish only. Stealing from XXXVII. And be it enacted, That if any Person shall steal, Mines.

or sever with Intent to steal, the Ore of any Metal, or any Lapis

Calaminaris, Manganese or Mundick, or any Wad, Black Cawke, or Black Lead, or any Coal or Cannel Coal, from any Mine, Bed, or Vein thereof respectively, 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.

exceeds 11.

Stealing or XXXVIII. And be it enacted, That if any Person shall steal, destroying Trees, or shall cut, break, root up, or otherwise destroy or damage with Shrubs, &c. , Intent to steal, the Whole or any part of any ''ree, Şapling, or in Parks, &c. Shrub, or any Underwood, respectively growing in any Park, if Value

Pleasure Ground, Garden, "Orchard, or Avenue, or in any Ground adjoining or belonging to any Dwelling House, every such Of

fender (in case the value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of One Pound) 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 Growing else. Larceny; and if any Person shall steal, or shall cut, break, where, if Value root up, or otherwise destroy or damage with Intent to steal, exceeds ble the Whole or any part of any Tree, Sapling, or Shrub, or any

. Underwood, respectively growing elsewhere than in any of the Situations herein-before mentioned, every such Offender (in case the Value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of Five Pounds) shall be guilty of Felony, and, being con

victed

victed thereof,' shall be liable to be punished in the same Manner as in the Case of Simple Larceny *.

pa XXXIX. And be it enacted, That if any person shall steal, Wheresoever

or shall cut, break, root up, or otherwise destroy or damage with growing, and Intent to steal, the Whole or any Part of any Tree, Sapling, or of any Value Shrub, or any Underwood, wheresoever the same may be re- above 18. spectively growing, the Stealing of such Article or Articles, or the Injury done, being to the Amount of a Shilling at the least, every such Offender being convicted before a Justice of the Peace, shall for the First Offence forfeit and pay, over and above the Value of the Article or Articles stolen, or the Amount of the Injury done, such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall for such Second Offence be 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 Second 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 ; and if any person so twice convicted shall afterwards commit any of the said Offences, such Offender shall be deemed guilty of Felony, and, being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny.

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· XL. And be it enacted, That if any person shall steal, or shall Stealing, &c. cut, break, or throw down with Intent to steal, any part of any live or dead live or dead Fence, or any Wooden Post, Pale, or Rail set up or Fence, Stile, or used as a Fence, or any Stile or Gate, or any Part thereof re- Gate, &c. spectively, every such Offender, being couvicted before a Justice of the Peace, shall for the First Offence forfeit and pay, over and above the Value of the Article or Articles so stolen, or the Amount of the Injury done, such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be 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 t.

XLI. And be it enacted, That if the Whole or any part of any Suspected Tree, Sapling, or Shrub, or any Underwood, or any part of any Persons in pose live' or dead Fence, or any Post, Pale, Rail, Stile, or Gate, or session of any Part thereof, being of the Value of Two Shillings at the Wood, &c. least, shall, by virtue of a Search Warrant, to be granted as herein-after mentioned, be found in the Possession of any Person, or on the Premises of any: Person, with his Knowledge, and such Person, being carried before a Justice of the Peace, shall not satisfy the Justice that he came lawfully

by * See also 7 & 8 G. 4. c. 30. 8. 19. + See also 7 & 8 G. 4. C. 30. s. 23. Vol. IV.

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