CHAPTER XXII. STEALING OR INJURING DOGS IN ENGLAND AND IRELAND. 24 & 25 Vict. c. 96. Stealing dogs. Sect. 18. Second offence BEFORE the statute law provided for the stealing of a dog it was no offence, it not being a chattel or goods; nor is it now within the operation of section 88 of the 24 & 25 Vict. c. 96, as to obtaining property by false pretences.1 The Larceny Consolidation Act of 1861, 24 & 25 Vict. c. 96, s. 18, enacts,-" Whosoever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be imprisoned and kept to hard labour, for any term not exceeding six months,-or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds,—as to the said justices shall seem meet.2 "And whosoever, having been convicted of any (indictable). such offence, either against this or any former act of parliament3, shall afterwards steal any dog, shall be guilty of a misdemeanor, and being convicted Sect. 18. 1 See ante, p. 36, Chap. I; and Reg. v. Robinson, 1 Bell, C. C. 34; 28 L. J. (N. S.) M. C. 58; 32 Law T., N. S., 302; 23 J. P. 70. 2 See post, p. 332, for the "procedure" for the recovery of penalties. Form of Statement of Offence, No. 129, p. 334. 3 The act previous to this, as to stealing dogs, was the 8 & 9 Vict. c. 47, which was repealed by 24 & 25 Vict. c. 95, from 31st Oct. 1861. For the procedure in these indictable offences and the proof of the former conviction, see ante, pp. 187, 188. c. 96. thereof shall be liable, at the discretion of the 24 & 25 Vict. court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour." stolen dogs. Sect. 19. Sect. 19 enacts," Whosoever shall unlawfully Possession of have in his possession or on his premises 5 any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen or such skin to be the skin of a stolen dog, shall, on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet;6 7 offence "And whosoever, having been convicted of any Second such offence, either against this or any former act of (indictable). parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor,8-and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour." Sect. 19. store dogs Sect. 20 enacts,-"Whosoever shall corruptly Taking take any money or reward, directly or indirectly, money to reunder pretence or upon account of aiding any per- (indictable). son to recover any dog which shall have been stolen, or which shall be in the possession of any person not being the owner thereof, shall be guilty of a Sect. 20. misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour." or the Justices to restore dog to Sect. 22 enacts,-"If . . . any dog. skin thereof, shall be found in the possession 5 In the Metropolitan Police District and City of London, the s. 24 of 2 & 3 Vict. c. 71, which gives jurisdiction to the magistrates to punish a person brought before them "having in his possession or conveying in any manner anything which may be reasonably suspected of being stolen or unlawfully obtained," does not appear to apply to dogs, and is generally acted upon as applying to goods and chattels only. 6 See note 2, ante, p. 330. 7 See note 3, ante, p. 330. 8 See note, ante, p. 330. owner. c. 96. Procedure 24 & 25 Vict. or on the premises of any person, any justice may restore the same to the owner thereof."9 The procedure both in England and Ireland in respect of the summary offences above named will be precisely as pointed out in Chap. XIV., ante, pp. 185-187. under 24 & 25 Vict. c. 96. 24 & 25 Vict. c. 97. Killing or maiming other animals. Sect. 41. The Malicious Injuries Consolidation Act of 1861, 24 & 25 Vict. c. 97, s. 41, enacts, -"Whosoever shall unlawfully and maliciously kill, maim or wound any dog, bird, beast or other animal, not being cattle, but being either the subject of larceny at common law,10-or being ordinarily kept in a state of confinement, or for any domestic purpose, -shall, on conviction thereof before a justice of the 11 9 Sect. 40 of the 2 & 3 Vict. c. 71, empowering magistrates in the metropolitan police district and City of London to order the delivery of "goods" unlawfully detained to the owner, does not, for the reason given in note 5, supra, p. 331, apply to a dog. fo Cattle are excepted because the wounding of them is an indictable offence under the provisions of sect. 40. Birds, beasts and animals which are the subject of larceny at common law and within this section, being those fit for food, may be divided into those which are punishable on indictment as for larceny at common law, those which are punishable on indictment by statute, and those which are punishable summarily, viz., 1st, those which are punishable on indictment as for larceny at common law, are, swans, if marked, or whether marked or not, if in a private river or pond; fish in a tank, &c. (ante, p. 284); pigeons, although they have free access to the open air (p. 338, note 7); all domestic animals which serve for food, as swine, poultry and the like; game in a mew or breeding-place, or under hens, or otherwise reclaimed or reduced into possession (ante, pp. 35, 36), but not when fere naturæ; 2nd, those which are punishable under indictment by statute are, sheep (s. 10); and 3rd, those which are punishable summarily are, deer (ante, p. 182, &c.), birds of game not reclaimed (ante, p. 115, &c.), hares and conies in warrens, ante, p. 193), fish in streams of water (ante, pp. 285, 286), house doves or pigeons when not confined (post, p. 338). 11 These animals, when stolen, are the subject of a summary conviction under 24 & 25 Vict. c. 96, s. 21, post, p. 336, which see and note thereto. It will sometimes include pigeons mentioned in s. 23, p. 338. c. 97. peace, at the discretion of the justice, either be com- 24 & 25 Vict. mitted to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the amount of injury done, such sum of money not exceeding twenty pounds-as to the justice shall seem meet; ["Procedure," infra.] offence. Sect. 41. "And whosoever, having been convicted of any Second such offence, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol 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." ["Procedure," infra.] Vict. c. 97. The summary procedure under this act, both in Procedure England and Ireland, is similar to that under the under 24 & 25 Larceny Act, 24 & 25 Vict. 96, ante, pp. 185-187, Chap. XIV., the enactments being only numbered differently (see 24 & 25 Vict. c. 97, ss. 61-70, and 76, sect. 62 not applying to Ireland as provided by 25 & 26 Vict. c. 50, s. 2), and like the offence under c. 96, may under this c. 97, be prosecuted in Ireland before one justice in, or two justices out of, petty sessions. For the mode of proving the former conviction, see s. 70; in addition to which there must be evidence of the identity of the offender. dogs. For the punishment of cruelty to a dog, see 12 & Cruelty to 13 Vict. c. 92; or using them for draught out of or poisoning London, 17 & 18 Vict. c. 60, s. 2 (Oke's "Synopsis,' 8th ed., p. 264); in the metropolitan police district, 2 & 3 Vict. c. 47, s. 56; or in the City of London, 2 & 3 Vict. c. xciv. s. 39. For placing poisoned grain, seed or meal to destroy dogs, see 26 & 27 Vict. c. 113, ante, p. 125, Chap. IX. 24 & 25 Vict. 129. Stealing 130, 130a. Complaint to ground search warrant for a stolen dog, and search warrant. FORMS.12 For that you [or he the said A. B.] on &c., at &c., unlawfully did steal a certain dog, to wit, a greyhound, of the price and value of the property of C. D., contrary, &c. These may be easily drawn from forms Nos. 68, 69, Chap. XIV., ante, pp. 188, 189. For that you [or he the said A. B.] on &c., at &c., unlawfully did have in your [or his] possession, [or on your or his premises] there, a certain stolen dog [or the skin of 131. Having a certain stolen dog], to wit, a greyhound, the property of one C. D. [or the said C. D. the complainant] by a certain ill-disposed person unknown then lately before unlawfully stolen, you [or he the said A. B.] well knowing the said dog to have been unlawfully stolen [or the said skin to be a stolen dog. (Id. s. 19.) 132. Convic- the skin of a stolen dog], contrary, &c. tion where imprisonment only ordered. 133. Convic tion where Form I 3 in schedule to 11 & 12 Vict. c. 43. Form No. 56, ante, p. 163, the adjudication being,-"to forfeit and pay the sum of over and above the value penalty, &c. of the said dog, and for the said dog the further sum of to be respectively paid and applied, &c." ordered. 134. Commitments. 135. The like Schedule P 1, or O 1, in 11 & 12 Vict. c. 43. These will be the same as Nos. 129, 131, supra, adding at offences as in the conclusion,-"he the said A. B. having been previously convicted of the like offence." forms 129, 131, second conviction (indictable). (Id. ss. 18, 19.) ward as to For that he the said A. B., on &c., at &c., unlawfully and corruptly did take from [the said] C. D., certain 136. Corrupt- money and reward, to wit, the sum of under prely taking re- tence [or upon account] of aiding the said C. D., to recover a certain dog of him the said C. D., before then (indictable). unlawfully stolen [or dog, then in the possession of E. F., not being the owner thereof], he the said A. B. not having aided in any way the recovery of the said dog, contrary, stolen dog (Id. s. 20.) &c. 12 The general forms in 11 & 12 Vict. cc. used with these statements of offences. .42, 43, will be |