upon, or with respect to any workhouse or poorhouse, or on or with respect to any goods or chattels whatsoever provided for Overseers. the use of the poor of any parish or parishes, township or town- 7 Geo. 4, c. 64. ships, hamlet or hamlets, place or places, or to be used in any parishes, &c. workhouse or poorhouse, in or belonging to the same, or by may be laid in the master or mistress of such workhouse or poorhouse, or by the overseers. any workmen or servants employed therein, it shall be suffi- (55 Geo. 3, c. 137, s. 1.) cient to state any such property to belong to the overseers of the poor for the time being of such parish or parishes, township or townships, hamlet or hamlets, place or places, and it shall not be necessary to specify the names of all or any of such overseers; and in any indictment or information for any Materials, &c. felony or misdemeanor committed on or with respect to any for repairing highways may materials, tools, or implements provided for making, altering, be laid to be or repairing any highway within any parish, township, ham the property of let or place, otherwise than by the trustees or commissioners the surveyor of of any turnpike road, it shall be sufficient to aver that any such highways. things are the property of the surveyor or surveyors of the highways for the time being of such parish, township, hamlet or place, and it shall not be necessary to specify the name or names of any such surveyor or surveyors. Note. See 1 Ryan and Moody's Crown Cases, 15 Rex v. Beacall. The 31 Geo. 3, c. 51, misdemeanor for unlawfully dredging for oysters; 48 Geo. 3, c. 144, felony for stealing oysters, and as to the manner of laying the oysters in the indictment, repealed by 7 & 8 Geo. 4, c. 27. LARCENY ACT. Note. The new act follows the former provisions very 7 & 8 G.4, c. 29. closely. There are one or two very trifling differences in stating the punishment, and the wording of the old statutes Oysters. 7 & 8 G. 4, c. 29. 7 & 8 Geo. 4, c. 29. Sect. XXXVI. And be it enacted, That if any person shall steal any oysters or oyster brood from any oyster bed, laying, Stealing oysters or fishery, being the property of any other person, and suffior oyster brood from oyster beds. ciently marked out or known as such, every such offender shall be deemed guilty of larceny, and, being convicted thereof, Dredging for shall be punished accordingly; and if any person shall unoysters within lawfully and wilfully use any dredge, or any net, instrument, the limits of any or engine whatsoever, within the limits of any such oyster oyster fishery. 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 o 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 £. 20. 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 particular parish township or vill: Provided always, that nothing herein contained shall prevent any person from catching or fishing for any floating fish within the limits of any oyster fishery, with any net instrument or engine adapted for taking floating fish only. Proviso. in the Indictment for stealing Oysters from an Oyster Bed. Kent, The jurors for our lord the King, upon their oath to wit. present, that A. late of the parish of county aforesaid, labourer, on &c. with force and arms, at the parish aforesaid,* in the county aforesaid, one hundred oysters, of the value of the property of one B. from and out of a certain oyster bed [laying] [fishery] called - there situate, of and belonging to the said B. and sufficiently marked out and known as the property of the said B. then and there being found, then and there feloniously did steal, take and carry away, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. * Material. The larceny in this case is proved in the ordinary way. The 7 & 8 G.4, c. 29. proprietor shows the loss of his property, and proves his ownership of the bed, laying or fishery, together with some indications or distinguishing marks of his oyster bed, and evidence is then given to fix the offence charged upon the prisoner. Indictment for unlawfully dredging in, or dragging the soil of an Oyster Fishery. in the Kent, The jurors for our lord the King, upon their oath to wit. present, that A. late of the parish of county of labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, a certain dredge [net] [engine] within the limits of a certain oyster fishery, called there situate, the said fishery being the property of one B. and sufficiently marked out and known as such, then and there unlawfully and wilfully did use, with intent thereby then and there to take oysters [or, oyster brood] from and out of the said fishery, and out of, &c.,t against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. Evidence. In order to sustain these two latter indictments, you have to prove the offence of dredging or dragging along the ground by the defendants (as the case may be,) and it is further requisite to show the ownership of the fishery in either case, and to identify it by some notorious or distinguishing marks, according to the provisions of the statute. * Material. + If dragging be the offence charged, state the offence thus: "with a certain net [engine] unlawfully and wilfully did drag upon the ground of a certain oyster fishery, called there situate, the said fishery being the property of one B. and sufficiently marked out and known as such, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the Pardon. 7 & 8 G.4, c.28. Effect of a free or conditional pardon to a convict. Proviso. 9 Geo. 4, c. 32. PARDON. Note.-The expense of suing out pardons under the great seal, combined with the delay which frequently precedes the issuing of a general pardon, has probably occasioned the section to which we now refer. CRIMINAL JUSTICE ACT. 7 & 8 Geo. 4, c. 28. Sect. XIII. And be it declared and enacted, That where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody, in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender; as to the felony for which such pardon shall be so granted: Provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such pardon. 9 Geo. 4, c. 32. Every punish- Sect. III. And whereas it is expedient to prevent all doubts ment for felony, respecting the civil rights of persons convicted of felonies not after it has been capital, who have undergone the punishment to which they endured, shall have the effect were adjudged; be it therefore enacted, That where any of a pardon un- offender hath been or shall be convicted of any felony not der the great punishable with death, and hath endured or shall endure the seal. punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured hath and shall have the like effects and consequences as a pardon under Pardon. the great seal as to the felony whereof the offender was so convicted: Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate 9 Geo. 4, c. 32. any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony. LARCENY ACT. 7 & 8 Geo. 4, c. 29. 7 & 8 G.4, c. 29. Sect. LXIX. And be it enacted, That it shall be lawful for Pardon for nonthe King's Majesty to extend his royal mercy to any person payment of imprisoned by virtue of this Act, although he shall be im- money. prisoned for nonpayment of money to some party other than the crown. Note. This is under the Larceny Act, which gives several summary convictions before a magistrate, and, in many instances, directs that the party aggrieved shall receive a sum of money as a compensation for the injury done him. The like under the Malicious Injuries Act, 7 & 8 Geo. 4, c. 30, s. 35. 7 & 8 G.4, c. 30. Sect. XXXV. And be it enacted, That it shall be lawful Pardon for nonfor the King's Majesty to extend his royal mercy to any payment of person imprisoned by virtue of this Act, although he shall be money. imprisoned for nonpayment of money to some party other than the Crown. PARTNERS. Partners. The 56 Geo. 3, c. 73; 1 Geo. 4, c. 102 6 Geo. 4, c. 56, repealed by 7 Geo. 4, c. 64. CRIMINAL JUSTICE ACT. 7 Geo. 4, c. 64. 7 Geo. 4, c.64. Sect. XIV. And in order to remove the difficulty of stating In indictments the names of all the owners of property in the case of partners for offences and other joint owners, be it enacted, That in any indictment committed on r information for any felony or misdemeanor, wherein it shall the property of |