Accord. Asses. Pouring nitrous acid into ear and eye of a mare. Setting a dog at sheep. Particular must be stated in indictment. following statutes were referred to:-18 Car. 2. c. 2. § 1.—20 Car. 2. c. 7. §§ 1, 2, 3, 4, 5, and 6.—22 Car. 2. c. 13. §§ 4. 6, and 7.— 22 & 23 Car. 2. c. 19.—3 W. & M. c. 8.-14 G. 2. c. 6. — 15 G. 2. c. 34.—31 G. 2. c. 40. § 11. The judges confirmed the conviction, and at the ensuing assizes the prisoner received sentence of death, which sentence was afterwards commuted to three months' imprisonment in Exeter gaol. R. v. Chapple, Exeter Sum. Ass. 1804, C. C. R. 77. Three men were committed for trial at Staffordshire Lent Ass. 1807, upon a charge of having feloniously shot at and killed two pigs, the property of James Mason.- Lawrence J., upon reading the depositions, and finding that the injury done to the pigs was in consequence of their having trespassed upon the prisoners, and not from any malicious motive towards the prosecutor, said there was no pretence for the prosecution, and no bill was preferred. His lordship also observed, that pigs were deemed cattle within the meaning of the Black Act, and referred to the case of R. v. Sarah Chapple, R. v. Witcherley and others, MS. So asses were held to be cattle within the meaning of 9 G. 1. c. 22. R. v. Whitney, 1 R. & M. 3. Where it appeared that the prisoner had poured nitrous acid into the ear and eye of a mare, thereby occasioning blindness, and also such a state of pain and misery that the animal was killed by the owner: held, after conviction, that this evidence was sufficient to support a count on 7 & 8 G. 4. c. 30. § 16. for maiming the mare. E. T. 1828, R. v. Owens, R. & M. 205. Where, in a prosecution on 4 G. 4. c. 54. § 2. (now repealed), making it felony if any person unlawfully and designedly kill, maim, or wound any cattle, it appeared that the prisoner set a dog at a sheep, and in consequence several severe wounds were inflicted on the animal, this was held per Park J. not to be a maiming or wounding within the meaning of the statute. R. v. Hughes, 2 C. & P. 420. An indictment under 9 G. 1. c. 22. (now repealed, see suprà) species of cattle charged the prisoner with killing certain cattle; viz., one mare, and it appeared in evidence that the animal killed was a colt, but without proof of its sex: held, on Ca. Res. after conviction, that it was necessary to specify in the indictment the particular species of cattle maimed or killed, and, consequently, that the conviction could not be supported by rejecting, as surplusage, the words after the viz. 1813, R. v. Chalkley, C. C. R. 258. 3 G. 4. c. 71. Magistrates empowered to inflict a penalty on persons con victed of cruel treatment of cattle. II. Jll-treatment of Cattle. [3 G. 4. c. 71.] By stat. 3 G. 4. c. 71., intituled "An act to prevent the cruel and improper treatment of cattle" (a), [passed 22d July 1822] sec. 1., after reciting that whereas it is expedient to prevent the cruel and improper treatment of horses, mares, geldings, mules, asses, cows, heifers, steers, oxen, sheep, and other cattle, it is enacted, "that if any person or persons shall wantonly and cruelly beat, abuse, or ill-treat any horse, mare, gelding, mule, ass, ox, cow, (a). See also stat. 21 G. 3. c. 67. for preventing the mischiefs that arise from driving cattle within the cities of London and Westminster, and bills of mortality. (A) (B) heifer, steer, sheep, or other cattle, and complaint (A) on oath 3 G. 4. c. 71. thereof be made to any justice of the peace or other magistrate within whose jurisdiction such offence shall be committed, it shall - be lawful for such justice of the peace or other magistrate to issue his summons or warrant (B), at his discretion, to bring the party or parties so complained of before him, or any other justice of the peace or other magistrate of the county, city, or place within which such justice of the peace or other magistrate has jurisdiction, who shall examine upon oath any witness or witnesses who shall appear or be produced to give information touching such offence (which oath the said justice of the peace or other magistrate is hereby authorised and required to administer); and if the party or parties accused shall be convicted of any such offence, either by his, her, or their own confession, or upon such information as aforesaid, he, she, or they so convicted shall forfeit and pay any sum not exceeding 51. nor less than 10s. to H. M., his heirs and successors; and if the person or persons so convicted shall refuse or not be able forthwith to pay the sum forfeited, every such offender shall, by warrant under the hand and seal of some justice or justices of the peace, or other magistrate within whose jurisdiction the person offending shall be convicted, be committed (C) to the house of correction or some other prison within the jurisdiction within which the offence shall have been committed, there to be kept without bail or mainprize for any time not exceeding three months." Where the defendant had been convicted and committed to prison, under the provisions of this act, for bull-baiting, on motion for bringing him up by habeas corpus in order that he might be discharged, it was held, by Bayley J., with the concurrence of Littledale J., that a bull is (a) not included within the provisions of the stat. Dec. 1827, Exp. Hill, 3 C. & P. 225. § 2. provides and enacts, "that no person shall suffer any punishment for any offence committed against this act, unless the prosecution for the same be commenced within ten days after the offence shall be committed; and that when any person shall suffer imprisonment pursuant to this act, for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to any such penalty." (C) Bull not in cluded, but Qu.? No person to be punished, unless complaint days after the offence. made within ten want of form. § 3. provides also, and enacts, "that no order or proceedings Proceedings to be made or had by or before any justice of the peace or other not to be magistrate by virtue of this act shall be quashed or vacated for quashed for want of form, and that the order of such justice or other magistrate shall be final; and that no proceedings of any such justice or other magistrate in pursuance of this act shall be removeable by certiorari or otherwise." 4. And for the more easy and speedy conviction of offenders under this act, it is enacted, "that all and every the justice and justices of the peace, or other magistrate or magistrates, before whom any person or persons shall be convicted of any offence against this act, shall and may cause the conviction to be (a) This was decided on the same principle which ruled, that where a statute mentioned" colleges, deans, and chapters, parsons, vicars, and others having spiritual promotions," it did not include bishops. 2 Rep. 46 b. Notwithstanding the above decision, it may reasonably be doubted whether it was not the intention of 3 G. 4. c. 71. to protect every animal of the ox kind. 3 G. 4. c. 71. Form of conviction. Justices to order compensation to persons vexatiously complained against. Limitation of actions. drawn up in the following form of words, or in any other form of day of in the year of our Lord A. B. is convicted before me, one of his majesty's justices of the peace for or mayor or other magistrate of [as the case may be], either by his own confession, or on the oath of one or more credible witness or witnesses [as the case may be], by virtue of an act made in the third year of the reign of his majesty king George the fourth, intituled " An act to prevent the cruel and improper treatment of cattle" [specifying the offence, and time and place where the same was committed, as the case may be]. Given under my hand and seal, the day and year above written. § 5. enacts, "that if on hearing any such complaint as is herein-before mentioned, the justice of the peace or other magistrate who shall hear the same shall be of opinion that such complaint was frivolous or vexatious, then and in every such case it shall be lawful for such justice of the peace or other magistrate to order, adjudge, and direct the person or persons making such complaint to pay to the party complained of any sum of money not exceeding the sum of 20s., as compensation for the trouble and expense to which such party may have been put by such complaint; such order or adjudgment to be final between the said parties; and the sum thereby ordered or adjudged to be paid and levied in manner as is herein-before provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence herein-before mentioned." § 6. enacts," that if any action or suit shall be brought or commenced against any person or persons for anything done in pursuance of this act, it shall be brought or commenced within six calendar months next after every such cause of action shall have accrued, and not afterwards, and shall be brought, laid, and tried in the county, city, or place in which such offence shall have been committed, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial or trials to be had thereon, and that the same was done in pursuance and by authority of this act; and if the same shall appear to have been so done, or if any such action or suit shall not be commenced within the time before limited, or shall be laid or brought in any other county, city, or place than where the offence shall have been committed, then and in any such case the jury or juries shall find for the defendant or defendants; or, if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants therein, then and in any of the cases aforesaid such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath or may have for his, her, or their costs in any other cases by law." (A.) Information against a person for Cruel and Improper Treatment of Cattle, under stat. 3 G. 4. c. 71. County of } THE information and complaint of A. I. of yeoman, made on oath before J. P. esq. one of his majesty's justices of the peace in and for day of in the year of our Who says that A. O., of in the said county, labourer, within ten days next before the date of this information, to wit, on the· day of , at -, in the parish of, in the said county, did wantonly and cruelly beat [abuse or ill-treat, as the case may be] a horse [mare, gelding, mule, ass, ox, cow, heifer, steer, sheep, or other cattle, as the case may be], the property of , contrary to the statute made in the third year of the reign of king George the fourth, intituled " An act to prevent the cruel and improper treatment of cattle," whereby he the said A. O. has forfeited the sum of -- pounds [the sum not to exceed five pounds, nor be less than ten shillings] to his majesty. Whereupon he the said A. I. prays the judgment of me, the justice aforesaid, in the premises. (A.) Before me, J. P. A. I. County of} (B.) Warrant to apprehend thereupon. To the constable of in the said county. WHEREAS information and complaint upon oath have been made before me J. P. esq., one of his majesty's justices of the peace in and for the said county, by A. I. of in the county aforesaid, yeoman, that within ten days next before the date of the said information, to wit, on the at of in the parish of day of in the said county, A. O. in the county aforesaid, labourer, did wantonly and cruelly beat [abuse or ill-treat, as the case may be] a horse [mare, gelding, mule, ass, ox, cow, heifer, steer, sheep, or other cattle, as the case may be] the property of - , contrary to the statute made in the third year of the reign of king George the fourth, intituled "An act to prevent the cruel and improper treatment of cattle," whereby he the said A. O. has forfeited for his said offence the sum of - pounds [the sum not to exceed five pounds, nor to be less than ten shillings] to his majesty. These are therefore to require you to apprehend (a) the said A. O., and bring him before me at the day of noon, to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal the day of in the year of our Lord one thousand eight hundred and J. P. (L. s.) See form of Conviction, stat. 3 G. 4. c. 71. § 4., antè, p.124. (a) A summons may be granted, in the discretion of the magistrate. (B.) (C.) County of the (C.) Commitment thereupon. in To the constable of — -, in the said county, and to day of WHEREAS A.O. of — -, in the said county, labourer, is Form of Commitment under the 7 & 8 G. 4. c. 30. § 16. for maiming Cattle. J. P. Esq., one of the justices of our lord the king, assigned to keep the peace within the said county of Stafford, to the constable of — -, in the said county, and to the keeper of the common gaol at Stafford, in the said county. day of -, in the county THESE are to command you the said constable, in his said majesty's |