imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or else shall forfeit and pay over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny."

Stealing or destroying cultivated Roots or Plants, not in Gardens, &c., punishable in a summary way.]-By section 43 it is enacted, "That if any person shall steal or shall destroy, or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the cause of manufacture, and growing in any land, open or enclosed, not being a garden, orchard, or nursery ground, every such offender being convicted before a justice of the peace, shall, at the discretion of the justice, either be committed 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 one calendar month, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, together with the costs (if ordered), shall be committed as aforesaid, for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour, for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, åfter the expiration of four days from the time of such conviction.”

Transmitting Conviction to Sessions-Proof of prior Conviction.]— By 7 & 8 G. IV. c. 29, s. 74, every justice of the peace before whom any person shall be convicted of any offence against this act, shall transmit the conviction to the next court of general or quarter sessions which shall be holden for the county or place wherein the offence shall

have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, 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.

Indictment under 7 & 8 G. IV. c. 29, s. 38, for stealing Trees exceeding the Value of One Pound, from a Park, Pleasure Ground, Garden, Orchard, Avenue, or Ground adjoining or belonging to a Dwelling-house.

That A.B. late of, &c., on, &c., with force and arms, at, &c., in a certain park [or other place above-mentioned, describing it truly, according to the words of the clause] of C. D. there situate, feloniously did steal, take, or carry away, one oak tree, one elm tree, one beech tree, and one ash tree, of greater value than one pound, to wit, of the value of three pounds, the property of (r) the said C. D. in the said park then and there growing, against the form of the statute, &c. and against the peace, &c.

Indictment under the same Section for cutting and damaging, &c. Trees in the same Places, the Damage exceeding One Pound.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain park [or other such place, as above] of C. D. there situate, feloniously did cut, break, and damage [or "root up and damage," according to the fact] one oak tree, one elm tree, one beech tree, and one ash tree [no value should be inserted here in this indictment], the property of (r) the said C. D., in the said park then and there growing, with intent the same then and there feloniously to steal, take, and carry away, thereby then and there feloniously doing unto the said C. D. injury, the amount whereof then and there exceeded the sum of one pound, that is to say, injury to the amount and value of two pounds, against the form of the statute, &c. and against the peace, &c.

Indictment on 7 & 8 G. IV. c. 29, s. 38, for stealing Trees, &c. growing elsewhere than in a Park, &c., exceeding in value Five Pounds.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain close of C. D. there situate, not being a park, pleasure ground, garden, orchard, or avenue, and not being ground adjoining or belonging to any dwelling-house, feloniously did steal, take and carry away, ten oak trees, ten elm trees, ten beech trees, and ten ash trees, of value exceeding five pounds, that is to say, of the value of ten pounds, the property of C. D. (r) then and there growing and being in the said close of the said C. D. against the form of the statute, &c. and against the peace, &c.

(r) Quære as to inserting these words, see Hickman's case, ante, p. 248.

Indictment on same Section for cutting or damaging Trees, &c. growing elsewhere than in a Park, &c. with intent to steal, the injury exceeding Five Pounds.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain close of C. D. there situate, not being a park, pleasure ground, garden, orchard, or avenue, and not being ground adjoining or belonging to any dwelling-house, feloniously did cut, break, and damage [or “root up and damage”] ten oak trees, ten beech trees, ten elm trees, and ten ash trees, the property of the said C. D. [state no value here] in the same close, of the said C. D. then and there growing and being, with intent then and there feloniously to steal, take, and carry away the same, thereby then and there feloniously doing to the said C. D. injury to an amount exceeding five pounds, to wit, to the amount of ten pounds, against the form of the statute, &c. and against the peace, &c.

Indictment on 7 & 8 G. IV. c. 29, s. 39, for stealing Trees, Shrubs, or Saplings, above the value of One Shilling, in any Place, after two Convictions for the like Offence (s).

That A. B. late of, &c. labourer, on, &c. [the date of the first conviction] at, &c. was duly convicted before E. F. one of her majesty's justices of the peace for the County of for that he, on, &c. [here carefully recite the first conviction and adjudication]. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. having been so convicted, as aforesaid, afterwards, on, &c. [the date of the second conviction] at, &c. was duly convicted before G. H. one of her majesty's justices of the peace for the county of —, for that he [here recite the second conviction]. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. late of, &c. being so twice convicted as aforesaid, after the said two convictions, on, &c. with force and arms, &c. unlawfully and feloniously did steal, take, and carry away twelve oak saplings of greater value than one shilling, to wit, of the value of five shillings, the property of C. D. then and there growing and being, against the form of the statute, &c. and against the peace, &c.

Indictment on 7 & 8 G. IV. c. 29, s. 42, for stealing Plants, Fruits, or Vegetables growing in a Garden, &c. after a summary Conviction for a like Offence.

That A. B. late of the parish of

.in the county of . labourer, on, &c. [the date of the previous conviction] at, &c. was duly convicted before E. F. one of her majesty's justices of the peace for the county of for that the said A. B. on, &c. [here recite the conviction and adjudication correctly]. [If A. B. has been

The convictions under this act, having been returned to the sessions, may be proved by production of a copy certified by the proper officer, and are to be taken as unappealed against till the contrary be shown; 7 & 8 G. IV. c. 29, s. 74 (p. 253). But the identity must

be shown, for 7 & 8 G. IV. c. 28, s. 11, does not apply. A mistake in the conviction recited may be taken advantage of by the prisoner, R. v. Allen, R. & Ry. 513. Post, Sect. 7, Offences relating to Deer.

twice convicted of like offences, here state" and the jurors aforesaid, on their oath aforesaid, do further present that, &c. (reciting the second conviction and adjudication correctly).] And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. late of, &c. having been so convicted as aforesaid, on, &c. with force and arms, at, &c. unlawfully and feloniously did steal, take, and carry away one pine apple, of the value of five shillings, the property of C. D. in a certain hot-house of the said C. D. there situate, then and there growing and being, against the form of the statute, &c. and against the peace, &c.

Punishment.]-The punishment is the same as for simple larceny. Ante, p. 235.

SECTION VII.

FELONIES RELATING TO DEER PUNISHABLE AS LARCENY. THE laws for protecting deer from depredation are consolidated in 7 & 8 G. IV. c. 29, s. 26, 27, 28, and 29.

Stealing, &c. Deer, in any inclosed Ground, Felony.]-By section 26 it is enacted, "That if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill or wound, any deer (t) kept or being in the inclosed part of any forest, chase, purlieu, or in any inclosed land wherein deer shall be usually kept, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny; and if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill or wound, any deer, kept or being in the uninclosed part of any forest, chase, or purlieu, he shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty pounds, as to the justice shall seem meet; and if any person who shall have been previously convicted of any offence relating to deer, for which a pecuniary penalty is by this act imposed, shall offend a second time, by committing any of the offences herein before last enumerated, such second offence, whether it be of the same description as the first offence or not, shall be deemed felony, and such offender being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny."

The 27th section provides for the summary conviction and punish

(t) Young fawns or conies, though in a park or warren, were not at common law subjects of larceny, though deer in

a park, &c. were, 1 Hale's P. C. 511; 4 Bla. C. 235; and qu. if this act has made any difference?

ment of persons in whose possession deer, or snares, or engines for taking deer, may be found, and who may not satisfactorily account for such possession.-Section 28 provides for the summary punishment of persons setting snares or engines for the destruction of deer, or wilfully destroying the fences of any land where they may be kept. Section 29 enacts, "That if any person shall enter into any forest, chase, or purlieu (whether inclosed or not), or into any inclosed land where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, ensnare, or carry away, any deer, it shall be lawful for every person entrusted with the care of such deer, and for any of his assistants (whether in his presence or not), to demand from every such offender any gun, fire arms, snare, or engine, in his possession, and any dog there brought for hunting, coursing, or killing deer; and in case such ffender shall not immediately deliver up the same, to seize and take he same from him in any of those respective places or (upon pursuit made) in any other place to which he may have escaped therefrom, for the use of the owner of the deer. And if any such offender shall unlawfully beat or wound any person entrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in case of simple larceny."

Indictment under Section 26, for coursing, killing, and carrying away Deer in inclosed places.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain inclosed land there situate, in the occupation of C. D. wherein deer had been, and then were usually kept, unlawfully, wilfully, and feloniously did course, kill, and carry away {or “snare, kill, and carry away, hunt, kill, and carry away," &c. according to the fact] one fallow deer, of the value of five pounds, the property of the said C. D. (u), then and there kept, and being in the said inclosed land, against the form of the statute, &c. and against the peace, &c.

Indictment under same Section for coursing and carrying away Deer in the uninclosed part of any Forest, Chase, or Purlieu, after a previous Conviction for some Offence relating to Deer (x).

That A. B. on, &c. [the date of the conviction] was duly convicted before E. F. one of her majesty's justices of the peace for the county of for that he the said A. B. on, &c. [recite the conviction and adjudication] (y).

(u) Seems at least surplusage, Hickman's case, supra, p. 248.

(x) See p. 255, note.

And the jurors afore

(y) The identity of the prisoner with the person previously convicted should be strictly proved; for the facilities

S