Page images

Hares & Conies. inclosed or not, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished 7 & 8G. 4, c. 29. accordingly; and if any person shall unlawfully and wilfully, The like in the in the day-time, take or kill any hare or coney in any such day-time. 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 £.5., as to the justice shall seem meet: Provided always, that nothing 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 within one furlong of such bank.


Note. Here it is observable, that the capital penalty presented by the Black Act is dispensed with.

Transportation for seven years, which was the punishment for entering warrens wrongfully, is also done away with.

The reason of the proviso is to prevent the destruction of the Lincolnshire banks by the increase of conies. East's P. C. 613.

Indictment for taking Hares or Conies in a Warren. Berkshire, The jurors for our lord the King upon their oath to wit. present, that A., late of the parish of- labourer, on, &c. with force and arms, &c.* unlawfully and wilfully in the night-time of the said day of in the year aforesaid, that is to say, about the hour of eleven in the night of the said day,did enter into a certain warren [or ground] called there situate, and then and there lawfully used for the breeding and keeping of conies, and then in the occupation of one B., and did then and there unlawfully and wilfully take, in the nighttime of the said day, that is to say, about the hour of eleven in the night of the said day, divers, to wit, twenty conies, of the price of twenty shillings, against the will of the said B., then and there being the occupier of the said warren so as aforesaid then and there lawfully used for the breeding and keeping of hares and conies, to the great damage of the said B., against

* Material.

the form of the statute in that case made and provided, and Hares & Conies. against the peace of our lord the King, his crown and dignity. Second Count: For taking hares only.

Third Count: For killing conies, as above.


Under this indictment it is necessary to prove that the defendant took or killed the hares or conies, as the case may be, in the warren or private ground of B. The offence must also be shown to have been done in the night-time. The statute speaks of a warren or ground, whether inclosed or not.


The 6 Geo. 2, c. 37; 10 Geo. 2, c. 32, [as to Hopbinds] repealed by 7 & 8 Geo. 4, c. 27.


7 & 8 Geo. 4, c. 30.

7 & 8 G. 4, c. 29.


7&8 G. 4, c. 30.

Sect. XVIII. And be it enacted, That if any person shall Destroying hopunlawfully and maliciously cut or otherwise destroy any hop- binds. binds growing on poles in any plantation of hops, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit,) in addition to such imprisonment.

Note.-The offence of cutting hopbinds is now, therefore, no longer a capital felony.

Hertfordshire, to wit.

Indictment for cutting Hopbinds.

The jurors for our lord the King, upon their Joath present, that A. late of the parish of labourer, on, &c. with force and arms at, &c.* in the county of in a certain plantation of hops of and belonging to one B. there situate, divers, to wit, one hundred

in the county of


7 & 8 G. 4, c. 30.


hopbinds then and there growing on poles, the said hopbinds being then and there the property of the said B., did feloniously, unlawfully and maliciously cut and destroy, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.


Here, as in most other cases of malicious damage, the injury committed must be proved, and you must show also that the prisoner did the act.

You must prove, too, that the offence was done in the parish mentioned in the indictment, that the plantation of hops was situated there, and that it belonged to the prosecutor.


Actions against. The 13 Edw. 1, st. 1, c. 46; 28 Edw. 3, c. 11; 27 Eliz. c. 13;

7&8 G.4.c.31.

The hundred

8 Geo. 2, c. 16; 11 Geo. 2, c. 22, s. 5, to the end;

22 Geo. 2, c. 24;

22 Geo. 2, c. 46, s. 34; 36 Geo. 3,

57 Geo. 3, c. 19, s. 38; 3 Geo. 4,

c. 9, s. 3, to the end;

c. 33, repealed by 7 & 8 Geo. 4, c. 27.

7 & 8 Geo. 4, c. 31.

Sect. II. And be it enacted, That if any church or chapel, shall make full or any chapel for the religious worship of persons dissenting compensation from the united church of England and Ireland, duly regisfor the damage done by rioters tered or recorded, or any house, stable, coach-house, outhouse, in certain cases. warehouse, office, shop, mill, malt-house, hop oast, barn or

granary, or any building or erection used in carrying on any
trade or manufacture, or branch thereof, or any machinery,
whether fixed or moveable, prepared for or employed in any
manufacture, or in any branch thereof, or any steam engine or
other engine for sinking, draining or working any mine, or any
staith, building or erection used in conducting the business of
any mine, or any bridge, waggonway or trunk for conveying
minerals from any mine, shall be feloniously demolished,
pulled down or destroyed, wholly or in part, by any persons
riotously and tumultuously assembled together, in
case the inhabitants of the hundred, wapentake, ward or other



7 & 8 G.4, c.31.

district in the nature of a hundred, by whatever name it shall Hundred; be denominated, in which any of the said offences shall be Actions against. committed, shall be liable to yield full compensation to the person or persons damnified by the offence, not only for the damage so done to any of the subjects hereinbefore enumerated, but also for any damage which may at the same time be done by any such offenders to any fixture, furniture or goods whatever, in any such church, chapel, house or other of the buildings or erections aforesaid.


Sect. III. Provided always, and be it enacted, That no action Party damnified or summary proceeding, as hereinafter mentioned, shall be main- to comply with tainable by virtue of this Act, for the damage caused by any of certain condithe said offences, unless the person or persons damnified, or such of them as shall have knowledge of the circumstances of the offence, or the servant or servants who had the care of the property damaged, shall, within seven days after the commission of the offence, go before some justice of the peace residing near and having jurisdiction over the place where the offence shall have been committed, and shall state upon oath before such justice the names of the offenders, if known, and shall submit to the examination of such justice touching the circumstances of the offence, and become bound by recognizance before him to prosecute the offenders, when apprehended;

provided also, that no person shall be enabled to bring any Limitation of such action, unless he shall commence the same within three time for actions. calendar months after the commission of the offence.*

Sect. IV. And be it enacted, That no process for appear- Process in the ance in any action to be brought by virtue of this Act against action against any hundred or other like district, shall be served on any be served on the the hundred to inhabitant thereof, except on the high constable or some one high constable, of the high constables (if there be more than one,) who shall who may dewithin seven days after such service give notice thereof to two fend, or let justices of the peace of the county, riding or division in which judgment go by default, as adsuch hundred or district shall be situate, residing in or acting vised.

* See 9 B. & C. 134, Pellew v. The Hundred of Wonford, in the County of Devon, a decision upon the old Act of 9 Geo. 1.

Hundred; Actions against

7&8 G. 4, c. 31.

Inhabitants of the hundred competent wit


If plaintiff re

of the writ of

the treasurer of the county to pay the amount.

for the hundred or district; and such high constable is hereby empowered to cause to be entered an appearance in the said action, and also to defend the same on behalf of the inhabitants of the hundred or district, as he shall be advised; or, instead of defending the same, it shall be lawful for him, with the consent and approbation of such justices, to suffer judgment to go by default; and the person upon whom, as high constable, the process in the action shall be served, shall, notwithstanding the expiration of his office, continue to act for all the purposes of this Act until the termination of all proceedings in and consequent upon such action; but if such person shall die before such termination, the succeeding high constable shall act in his stead.

Sect. V. And be it enacted, That in any action to be brought by virtue of this Act against the inhabitants of any hundred or other like district, or against the inhabitants of any county of a city or town, or of any such liberty, franchise, city, town or place, as is hereinafter mentioned, no inhabitant thereof shall, by reason of any interest arising from such inhabitancy, be exempted or precluded from giving evidence either for the plaintiff or for the defendants.

Sect. VI. And be it enacted, That wherever the plaintiff in covers, the she- any such action shall recover judgment, whether after verdict riff, on receipt or by default, or otherwise, no writ of execution shall be exeexecution, shall cuted on any inhabitant of the hundred or other like district, make out a war- nor on such high constable; but the sheriff, upon the receipt rant directing of the writ of execution, shall (on payment of the fee of 5 s. and no more) make his warrant to the treasurer of the county, riding or division in which such hundred or other like district shall be situate, commanding him to pay to the plaintiff the sum by the said writ directed to be levied; and such treasurer is hereby required to pay the same, as also any other sum ordered to be paid by him by virtue of this Act, out of any public money which shall then be in his hands, or shall come into his hands before the next general or quarter sessions of the peace for the said county, riding or division; and if there be not sufficient money for that purpose before such sessions,

« EelmineJätka »