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justices of the peace, be liable to pay such sum of money, not exceeding 201., as to such justices shall seem meet; whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor.” Punishable by imprisonment not exceeding eighteen months.
Section 20.—To corruptly take any money or reward for aiding any person to recover any dog stolen or in possession of any person not being the owner thereof, is a misdemeanor. Punishment, eighteen months' imprisonment.
Section 21.- To steal any bird, beast, or other animal ordi- Stealing narily kept in a state of confinement or for any domestic beasts,
birds, &c. purpose (6), not being the subject of larceny at common law, or to wilfully kill any such bird, beast, or animal, with intent to steal the same or any part thereof, is punishable on summary conviction by imprisonment not exceeding six months, or by fine over and above the value of any such animal not exceeding 201. A second offence is punishable by imprisonment not exceeding twelve months.
Section 22.-" If any such bird, or any of the plumage thereof, Possession or any dog, or any such beast, or the skin thereof, or any such of stolen animal, or any part thereof, shall be found in the possession or beasts, &c. on the premises of any person, any justice may restore the same respectively to the owner thereof; and any person in whose possession or on whose premises such bird or the plumage thereof, or such beast or the skin thereof, or such animal or any part thereof, shall be so found (such person knowing that the bird, beast, or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen beast, or that the part is a part of a stolen animal), shall, on conviction before a justice of the peace, be liable for the first offence to such forfeiture, and for every subsequent offence to
(6) The repealed statute was confined to birds and beasts, but the present section embraces other animals ordinarily kept for any domestic purpose, and will include cats (“Greaves,” p. 118).
The beasts, birds, and animals which are not the subject of larceny at common law (i.e. simple larceny punishable on indictment), and are within the operation of this statute when in the state described, are bears, foxes, monkeys, apes, polecats, cats, ferrets, thrushes, singing birds in general, parrots, and squirrels (“First Report Criminal Law Com.,” p. 14), and others probably kept for whim, profit, or pleasure, as badgers, hawks, herons, falcons, goats, rooks, for all these are animals feræ naturæ, and although reclaimed, do not serve for the food of man (“Stone's Justices' Manual”).
such punishment as any person convicted of stealing any beast or bird is made liable to by the last preceding section.”
Section 23.– To unlawfully and wilfully (a) kill, wound, or take any house-dove or pigeon under such circumstances as shall not amount to larceny at common law, is punishable on summary conviction by fine, over and above the value of the bird, not exceeding 21.
Section 24.—“Whosoever shall unlawfully and wilfully (a) take or destroy any fish in any water which 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, shall be guilty of a misdemeanor ; whosoever shall unlawfully and wilfully take or destroy, or attempt to take or destroy, any fish in any water not being such as hereinbefore mentioned, but which shall be private property, 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 exceeding 5l., as to the justice shall seem meet: provided, that nothing hereinbesore contained shall extend to any person angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset; but whosoever shall by angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset unlawfully and wilfully take or destroy, or attempt to take or destroy, any fish in any such water as first mentioned, shall, on conviction before a justice of the peace, forfeit and pay any sum not exceeding 51., and if in any such water as last mentioned, he shall, on the like conviction, forfeit and pay any sam not exceeding 21.
, 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 in this section 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, townshhip, or vill adjoining thereto (6).”
Section 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 offenders shall be so found, his servant, or any person authorized by him, may demand from
(a) The above provision, however, does not apply where a person under a claim of right kills a pigeon which is doing mischief upon his land. Taylor v. Newman, 8 L.T. (N.s.) 424.
(6) If a claim of right to take the fish be set up with some show of reason, it will oust the jurisdiction of the justices to convict under the above provision (Reg. v. Stimpson, Reg. v. Peak, 8 L. T. (N.s.) 536).
such offender any rod, line, hook, net, or other implement for taking or destroying fish which shall then be in his possession, and in case such offender shall not immediately deliver up the same, may seize and take the same from him for the use of such owner : provided, that any person angling against the provisions of this Act, between the beginning of the last hour before sunrise and the expiration of the first hour after sunset, from whom any implement used by anglers shall be 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.
Section 26.—The stealing of oysters from oyster bed, fishery, Oysters. &c., is felony, and punishable as simple larceny; and whosoever shall unlawfully use any dredge, net, &c., in any oyster bed, fishery, &c., being the property of any other person, shall be guilty of a misdemeanor. Punishment, three months' imprisonment. An exception is made to the fishing for floating fish within the limits of any oyster fishery with net, engine, &c., .adapted for taking floating fish only.
LARCENY OF WRITTEN INSTRUMENTS.
Section 27.—To steal, or for any fraudulent purpose destroy, Bonds, &c. cancel, or obliterate, the whole or any part of any valuable security, other than a document of title to lands, is felony, of the same nature and in the same degree and punishable in the same manner as the stealing of any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen, or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security.
Section 28.—To steal, or for any fraudulent purpose destroy, Deeds, &c. cancel, obliterate, or conceal, the whole or any part of any document of title to lands, is felony. Punishment, five years' penal servitude, or two years' imprisonment. The section contains instructions regarding the form of indictment in such cases.
Section 29.—To steal, or for any fraudulent purpose destroy, Wills, &c. cancel, obliterate, or conceal, either during the life of the testator or after his death, the whole or any part of any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, is felony. Punishment, penal servitude for life, or two years' imprisonment.
[The criminal proceeding does not affect the civil remedy, and no person is liable to be convicted if, before he is charged with the offence, he bas first disclosed such act on oath in consequence of the compulsory process of a court of law or equity or on compulsory examination or deposition in bankruptcy or insolvency.]
Records, &c. Section 30.– To steal, or for any fraudulent purpose take from
its place of deposit for the time being, or from any person having the lawful custody thereof, or to unlawfully and mali. ciously cancel, obliterate, injure, or destroy the whole or any part of any record, writ, return, panel, deposition, &c., or of any original document belonging to any court of record or equity, &c., or of any original document relating to the business of any office under Her Majesty, &c., is felony. Punishment, penal servitude for five years, or imprisonment for two years. It shall not be necessary to allege in the indictment that the article stolen is the property of any person.
LARCENY OF THINGS ATTACHED TO OR GROWING ON LAND. Metal, &c., Section 31.- Whosoever shall steal, or shall rip, cut, sever, attached to land,
or break with intent to steal, any glass or woodwork belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture respectively fixed in or to any building, or anything made of metal fixed in any land being private property, or for a fence to any dwelling-house, garden, or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground, shall be guilty of felony. Punishment, as in the case of simple larceny.
[In the case of any such thing fixed in any square, street, &c., it shall not be necessary to allege the same to be the property of
any person.] Trees, &c. Section 32.—Whoever shall steal, or shall cut, break, &c., or
damage with intent to steal, any tree, sapling, or shrub, or any underwood, respectively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belong.. ing to any dwelling-house, if the injury done shall exceed the value of il., or if growing elsewhere the value of 51., shall be
guilty of felony. Punishment as in the case of simple larceny. Troes, Section 33.—The stealing or damaging, &c., with intent to shrubs, &c. steal, any tree, shrub, &c., wheresoever growing, if the injury
done amounts to 1s., is punishable, on summary conviction, for the first offence by fine not exceeding 51. above the injury done ; for the second offence, by imprisonment not exceeding 12 months ;. and on a subsequent conviction the offence is felony, punishable
as simple larceny. Fences. Section 34.- Whosoever shall steal, or shall cut, break, or
throw down with intent to steal, any part of any live or dead fence, &c., or any stile or gate, &c., is punishable by fine (51. and value of article) on summary conviction. A second offence is
punishable by imprisonment not exceeding 12 months. Possession
Section 35.-Any person found in possession of any tree, of wood, &c. shrub, fence, wood, &c. (of value of 1s. at least), not being able
satisfactorily to account for same, shall, on summary conviction, forfeit and pay over and above value of article any sum not exceeding 21.
Section 36.—The stealing or (a) damaging, &c., with intent to Fruit, &o. steal, &c., any plant, root, fruit, or vegetable production growing in any garden, orchard, hothouse, &c., is punishable, on summary conviction, by imprisonment not exceeding six months, or fine not exceeding 201. and value of article stolen or injured.
Section 37.-Whosoever shall steal, or shall destroy or damage Vegetable with intent to steal, any cultivated root (6) or plant used for the productions, food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, pleasure ground, or nursery ground shall, on summary conviction, be liable to be imprisoned for any term not exceeding one month, or to fine not exceeding 201., and value of article stolen or injured; and whosoever having been convicted of any such offence, &c., shall afterwards commit any of the offences in this section before mentioned, shall, on summary conviction, be liable to imprisonment not exceeding six months.
LARCENY FROM MINES. Section 38.—Whoever shall steal, or sever with intent to steal, Mines. the ore of any metal, manganese, black lead, &c., or any coal from any mine, bed, or vein thereof respectively, shall be guilty of felony. Punishment, two years' imprisonment.
Section 39.-Miners employed in or about any mine, removing, &c., any ore, &c., with intent to defraud any proprietor, work. man, &c., shall be guilty of felony. Punishinent, two years' imprisonment.
(a) The right to take apples on branches overhanging the offender's garden is a moot point. The cases are referred to in 32 J. P. 525.
(6) This section omits the word “fruit,” so that it is doubt. ful whether it applies unless the root or plant be stolen (32 J.P. 462).
In R. v. Brumby (17 L. T. 261), it was held that stealing clover growing in a field and cut by the defendant was punishable under the statute as stealing a cultivated root (32 J.P.462).
Cultivated mushrooms might fall within this section, but there is no provision applicable to mushrooms growing in the usual spontaneous manner, and they are not the subject of larceny at common law (39 J. P. 525; Stone's Justices' Manual, 22nd ed. p. 490).