usual manner, under the 27 Geo. 2, c. 3, s. 1, ante, p. 119.

(129) Discharge from first Conviction, and Pardon by Crown-Third Offence, Felony.] Any person summarily convicted before a justice of a first offence against these acts (7 & 8 Geo. 4, cc. 29, 30) may be discharged from his conviction by the justice if he thinks fit, upon making satisfaction to the party aggrieved for damages and costs, or either of them, as ascertained by the justice (s. 68 of 7 & 8 Geo. 4, c. 29; s. 34 of 7 & 8 Geo. 4, c. 30); and by s. 69 of 7 & 8 Geo. 4, c. 29, and s. 35 of 7 & 8 Geo. 4, c. 30, the crown may pardon a person imprisoned under the act, although for nonpayment of money to another party. (Forms of Discharge, &c. Nos. 26, 27, "Formulist," pp. 144, 145.) By the 12 & 13 Vict. c. 11, s. 3, for a third offence under these statutes, the offender would be liable to be indicted for a felony and transported.

(130) Search Warrant, &c.] A search warrant can also be granted for stolen property; and any person to whom property offered to be sold, pawned, or delivered, may, if he suspect any offence has been committed in respect of it, apprehend the person offering, and carry him before a justice (s. 63). (Vide Forms of Complaint and Search Warrant, Nos. 2, 3, "Formulist," p. 140.)

(131) Appeal.] Where sum adjudged to be paid exceeds £5,-or the imprisonment adjudged exceeds one calendar month,—or the conviction takes place before one justice,—to the next general or quarter sessions holden not less than twelve days after the day of conviction, provided that appellant give to complainant a notice in writing thereof within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties before a justice to appear at the sessions, &c.

OFFENCES within the 11 & 12 VICT. c. 43.

LARCENY-continued.

I. OF ANIMALS-continued.

Statute.

7. Person from whom deer first received, or who had possession thereof, not satisfying the justice that he came lawfully by same.

7 & 8 Geo. 4,

c. 29, s. 27

(Note 129,

[MEM. A summons may be granted to any person through whose hands ante, p. 229). venison passed (id. s. 27).]

8. Setting Engines, &c. for Deer.] Unlawfully and wilfully setting or using any snare or engine whatsoever for the purpose of taking or killing deer in any part of any forest, chase or purlieu, whether inclosed

9.

10.

11.

or not,

or

in any fence or bank dividing the same from any land adjoining,

or

in any inclosed land where deer usually kept,

or

destroying any part of the fence of any land where deer then
kept.

See ante, title "Game."

12. Beasts, Birds, &c.] Stealing any beast or bird ordinarily kept in a state
of confinement, not being the subject of larceny at common law.
[MEM. "Larceny at common law" is a felonious taking and carrying
away of the personal goods of another, and therefore cannot be com-
mitted of beasts or birds, in which there is no property either absolute
or qualified; as of beasts that are feræ naturæ, and unreclaimed, as
deers, hares, coneys, rooks, as also those which are not fit for the food
of man, as bears, foxes, monkies, cats, ferrets ( Rex v. Searing, Russ.
& Ry. 650), and the like (2 East's P. P. 614), and therefore if
these are "ordinarily kept in a state of confinement," the stealing of
any of them is punishable under this section. See Locke's Game
Laws, 3rd edit. p. iii., and Archb. New Crim. Proc. 362. Pigeons
in a dove cote may be subjects of larceny, being tame and reclaimed,
although they are free to enjoy themselves in the open air (R. v.
Cheafor, 21 Law J. (M. C.) 43; 15 Jur. 1065; 15 J. P. 801).]

13. Person in whose possession or on whose premises any such beast, or the skin thereof, or any such bird, or the plumage thereof, found by virtue of search warrant (knowing the same to be stolen).

· 14. House Doves or Pigeons.] Unlawfully and wilfully killing, wounding or taking any house dove or pigeon under such circumstances as shall not amount to larceny at common law (Note 132).

Id. s. 28.

Id. s. 31.

Id. s. 32.

Id. s. 33.

(132) Observation.] House doves or pigeons are the subject of larceny at common law (i. e. simple larceny punishable on indictment) only when they are confined (2 Arch. J. P. 83; vide Mem. supra).

(134) Several Offenders.] Where several offenders join in committing the same offence, each may be adjudged to forfeit a sum equivalent to the value or injury; but the sum

No. 10, p. 142.

Id.

1st Offence. Forfeit over and above
the value of the beast or bird, not
exc. £20 (s. 31), impr. in default
of payment, as Offences 8 to 11,
supra. (Note 134).

2nd Offence (Note 135). Impr. with
h. 1. for not more than 12 cal. m.;
and if a male, and convicted be-
fore two justices, they may further
order whipping once or twice,
publicly or privately, after 4 days
from conviction (s. 31).

13

Id.

Id.

14 Id.

The like penalty, mode of enforcing Id.
and punishment as Offence 12,
supra, and to restore beast, &c. to
the owner.

Id. Forfeit, over and above the value of
the bird, not exc. £2 (s. 33), and
impr. in default of payment, as
Offences 8 to 11, supra.

goes (s. 66,

Note 134).

Id.

forfeited by one offender only is payable to the party aggrieved (s. 66).

(135) Evidence of former Conviction.] A copy, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against, until the contrary be shown (s. 72). Evidence of the identity of the offender is also necessary.

OFFENCES within the 11 & 12 VICT. c. 43.

LARCENY-continued.

I. OF ANIMALS-continued.

15. Fish.] Unlawfully aud wilfully taking or destroying,

or

16. Attempting to take or destroy,

any fish in any water not being such as aforesaid [i. e. not
running through or being in any land adjoining or belonging
to the dwellinghouse of any person being the owner of such
water, or having a right of fishery therein], being private pro-
perty, or in which there shall be any private right of fishery.

Statute.

7 & 8 Geo. 4,

c. 29, s. 34 (Note 129, ante, p. 229).

17. Any person by angling in the day-time unlawfully and wilfully taking or destroying,

or

18. Attempting to take or destroy,

any fish in any such water [running through land adjoining or
belonging to a dwellinghouse of person being owner of water,
or having a right of fishery therein (Note 133).]

19. The like offences (as 17, 18) in water not running through land ad-
joining or belonging to a dwellinghouse, but being private pro-
perty, or in which there is a private right of fishery (Note 133).
II. OF TREES, FENCES, &c.
Stealing,

20. Trees, Shrubs, &c. of Value of 1s.]

or

21. Cutting, breaking, rooting up,

or

22. Otherwise destroying or damaging with intent to steal,

the whole or any part of any tree, sapling or shrub, or any un-
derwood, wheresoever respectively growing, the stealing of such
article, or the injury done, being to the amount of one shilling
at the least [and not exceeding £1, s. 38].

[MEM. Stealing, &c. trees, &c. in a park, pleasure ground, garden,
orchard or avenue, or in any ground adjoining or belonging to a
dwellinghouse, if value, &c. exceed £1,—or elsewhere, if exceeding
£5,-is felony (s. 38). If the damage be less than 1s. the pro-
ceeding should be under sect. 24 of 7 & 8 Geo. 4, c. 30, Offence 9,
post, p. 242. Reg. v. Dodson, 9 Ad. & Ell. 704; 5 J. P. 404.]

23. Fences, Stiles, Gates, &c.] Stealing,

or

24. Cutting, breaking,

or

25. Throwing down with intent to steal,

any part of any live or dead fence, or any wooden post, pale or
rail set up or used as a fence, or any stile or gate, or any part
thereof respectively.

Id.

Id.

Id. s. 39.

Id. s. 40.

(133) Seizure of Angling Implements.] The owner of the ground, water or fishery, his servants, or any person authorized by him, may demand from the offender his rods, lines, hooks, nets or other implements, and if he do not immediately deliver up the same, they

may be seized and taken from him for the use of such owner. If anglers give up their implements, or they are taken, they are exempt from any damage or penalty for such angling (s. 35).