with force and arms, at the parish aforesaid in the county aforesaid, one ewe ["horse, mare, gelding, colt or filly, bull, cow, ox, heifer or calf, ram, ewe, sheep or lamb,"] of the price of two pounds, of the goods and chattels of C. D., then and there being found, wilfully and feloniously did kill, with a felonious intent then and there to steal, take, and carry away the carcase [or "the skin,' or "a certain part of the carcase, that is to say, the inward fat"] of the said ewe, so killed as aforesaid: against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity.

Evidence.

To maintain this indictment, the prosecutor must prove:— 1. That the prisoner killed the ewe described in the indictment. Upon an indictment for killing a lamb, with intent to steal part of the carcase, it appeared that the prisoner cut the leg off a lamb, whilst it was alive, and carried the leg away, and the lamb afterwards died of the wound: the judge at the trial being of opinion that, as the death wound was given before the theft, the offence was made out, the prisoner was convicted, and the judges afterwards held the conviction to be right. R. v. Thomas Clay, R. & R. 387.

2. The intent to steal.-This can only be presumed from circumstances. If the prisoner actually stole a part of the carcase, this is perhaps the best proof that can be given of his previous intention to steal it. Even his killing the sheep, if he were interrupted before he could have taken any would of itself be evidence from which the part of it away, jury might fairly presume his intention to steal some part of But if he killed the sheep, and then voluntarily left it, without any other act indicating an intent to steal any part of it this would be proof, not of this offence, but of another, namely, the maliciously killing, maiming, or wounding of cattle, which shall hereafter be fully noticed.

it.

Upon an indictment, the first count of which was for stealing three sheep, and the second count, for killing three sheep, with intent to steal the whole of the carcases: it appeared in evidence that the sheep were found lying in the gripe of a ditch, killed, and the tallow and inside fat of the three, and the fat of the backs of two of them, taken away; the remainder of the carcases were left; the jury found that the defendant killed the sheep, with intent to steal part of the carcases only. The case being referred to the judges, by Littledale, J., before whom it was tried: the judges held that the evidence was sufficient to sustain the second count, as the statute meant to make it immaterial whether the

intent was to steal the whole of the carcase or a part only: As to the first count, they held that the removal of the sheep to the ditch for the purpose of killing them, was not such a removal as would constitute a stealing of them, within the meaning of the statute. R. v. John Williams, R. & M. 107.

deer in any

XXVI. And be it enacted, That if any person Stealing, &c. shall unlawfully and wilfully course, hunt, snare, inclosed or carry away, or kill or wound, or attempt to kill ground: or wound, any deer kept or being in the inclosed part of any forest, chase, or purlieu, or in any inclosed land wherein deer shall be usually kept:

certain un

ground:

every such offender shall be guilty of felony; punishment. 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 unlaw- The like in fully and wilfully course, hunt, snare, or carry inclosed 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 punishment; shall seem meet. And if any person, who shall second ofhave 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 hereinbefore last enumerated; such second offence, whether it be of the same description as the same offence or not, shall be deemed felony; and such offender, being convicted thereof, shall be liable to be pu- punishment. nished in the same manner as in the case of simple larceny.

fence,

1. Indictment for hunting or stealing deer in inclosed places.

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that A. B., late of the parish of —, in the county aforesaid, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith. with force and arms, at the parish aforesaid in the county aforesaid, in a certain inclosed land there situate, belonging to [or "in the occupation of "] C. D., wherein deer had been and then were usually kept, [" in the inclosed part of any forest, chase, or purlieu, or in any inclosed land wherein deer shall be usually kept"] one fallow deer, of the price of forty shillings, the property of the said C. D., then and there kept and being, then and there in the said inclosed land unlawfully, wilfully, and feloniously did course, kill, and carry away ["course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound"]: against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity.

Evidence.

To maintain this indictment, the prosecutor must prove :

1. The coursing, killing, or stealing of the deer, by the prisoner, as stated in the indictment. The value is immaterial.

2. That it was committed in land belonging to or in the occupation of C. D.; that the land is in the parish, &c. mentioned in the indictment; that it is inclosed; and that deer have been and then were usually kept in it.

2. Conviction for hunting or stealing deer in the uninclosed part of a forest, &c.

BERKSHIRE, to wit: Be it remembered, that on the

day of in the year of our Lord

at

in the county aforesaid, A. B. is convicted before me J. P., one of his majesty's justices of the peace for the said county, for that he the said A. B. on the day of last past, at the parish of , in the said county, in a certain uninclosed part of a certain forest called there situate, ["in the uninclosed part of any forest, chase, or purlieu,”] one fallow deer, of the price of forty shillings, then and there [kept and] being, then and there in the said uninclosed part of the said forest unlawfully and wilfully did course, kill, and carry

,

away ["course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound"]; against the form of the statute in such case made and provided: I the said J. P. do therefore adjudge the said A. B., for his said offence, to forfeit and pay the sum of [fifty] pounds, and also to pay the sum of shillings for costs, and in default of immediate payment, to be imprisoned in the [and there kept to hard labour] for the space of- (see s. 67, post,) calendar months, unless the said sum shall be sooner paid; and I direct that the said sum of fifty pounds shall be paid to J. S., (see s. 66, post,) of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in such case made and provided; and I order that the sum of shillings for costs, shall be paid to (the complainant). Given under my hand and seal, the day and year first above mentioned.

:

*If time be given for the payment of the penalty, the form of the conviction may be the same as the above, to the *]" for costs and I order that the said sums shall be paid by the said A. B. on or before the day of next and I direct that the said sum of fifty pounds shall be paid," &c. as in the above form, to the end.

;

3. Indictment for a second offence, for hunting or stealing deer in the uninclosed part of a forest, &c.

day of

in

then last

,

there

BERKSHIRE, to wit: The jurors of our lord the king upon their oath present, that on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the county aforesaid, A. B. was duly convicted before J. P., one of his majesty's justices of the peace for the said county, for that he the said A. B. on the past, at the parish of in the county aforesaid, in a certain uninclosed part of a certain forest called situate, one fallow deer, of the price of forty shillings, then and there kept and being, then and there in the said uninclosed part of the said forest unlawfully and wilfully did course, kill, and carry away; against the form of the statute in such case made and provided: and the said J. P. therefore adjudged the said A. B., for his said offence, to forfeit and pay the sum of fifty pounds, and also to pay the sum of shillings for costs, and in default of immediate payment, to be imprisoned in, there to be kept to hard labour for the space of calendar months, unless the said sums should be sooner paid. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., late

Suspected

persons,

session of

of the parish aforesaid, in the county aforesaid, labourer, being so convicted as aforesaid, afterwards, on the tenth day of December in the year aforesaid, with force and arms, at the parish aforesaid in the county aforesaid, in a certain other uninclosed part of the said forest there situate, one other fallow deer, of the price of forty shillings, then and there [kept and] being, then and there in the said last-mentioned uninclosed part of the said forest, unlawfully and wilfully did course, kill, and carry away ["course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound"]: against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity. Care must be taken that the conviction be set out correctly.

Evidence.

To maintain this indictment, the prosecutor must

1. Produce and prove the conviction, or prove it by an examined copy, and give some evidence of the identity of the prisoner. The prisoner may take objections to the validity of this conviction; and if he shew it to be invalid, he cannot be convicted on the indictment. R. v. Allen, R. & R. 513. Where it was objected that the conviction stated no county where the offence was committed, but it appeared that in the latter part of the conviction it directed the penalty to be paid to the overseers of the poor of the parish of D. in the county of Oxford, "where the said offence was committed," Parke, J., held it to be sufficient. R. v. Weale, 5 Car. & P. 135.

2. He must prove the coursing, killing, or stealing of the second deer, by the prisoner, as stated in the indictment. The value is immaterial.

3. That the offence was committed in an uninclosed part of the forest mentioned in the indictment, and in the parish, &c.

XXVII. And be it enacted, That if any deer, found in pos. or the head, skin, or other part thereof, or any venison &c.; snare or engine for the taking of deer, shall by virtue of a search warrant to be granted as hereinafter mentioned, be found in the possession of any person, or on the premises of any person with

and not satis

factorily accounting for it: