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But the bare taking of one's own goods again, which have been Favour shewn stolen, is no offence, unless some favour be shewn to the thief. to the thief.

1 Haw. c. 59. § 7.

This offence is very nearly allied to felony, and is said to have Punishment. been anciently punished as such: but at this day it is punishable only with ransom and imprisonment, unless it were accompanied with some degree of maintenance given to the felon, which makes the party an accessary after the fact.

IV. Rewards for apprehending Felons.

7 G. 4. c. 64. Court may

order rewards to those who

The 7 G. 4. c. 64. § 28. enacts, “That where any person shall appear to any court of oyer and terminer, gaol delivery, superior criminal court of a county palatine or court of great sessions, to have been active in or towards the apprehension of any person charged have been active with murder, or with feloniously and maliciously shooting at, or in apprehendattempting to discharge any kind of loaded fire-arms at any other ing. person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the miscarriage of any woman, or with rape, or with burglary or felonious house-breaking, or with robbery on the person, or with arson, or with horse-stealing, bullockstealing, or sheep-stealing, or with being accessary before the fact to any of the offences aforesaid, or with receiving any stolen property knowing the same to have been stolen, every such court is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons, who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expenses, exertions, and loss of time, in or towards such apprehension; and where any person shall appear to any court of sessions of the peace to have been active in or towards the apprehension of any party charged with receiving stolen property, knowing the same to have been stolen, such court shall have power to order compensation to such person in the same manner as the other courts herein-before mentioned: Provided always, that nothing herein contained shall pre- Proviso as vent any of the said courts from also allowing to any such persons, expenses. if prosecutors or witnesses, such costs, expenses, and compensation, as courts are by this act empowered to allow to prosecutors and witnesses respectively."

Officer to be paid 5s. for the order, and the

And by § 29. it is enacted, "That every order for payment to any person in respect of such apprehension as aforesaid, shall be forthwith made out and delivered by the proper officer of the court reward to be unto such person, upon being paid for the same the sum of 5s. and paid by the no more; and the sheriff of the county for the time being is hereby sheriff, who is authorised and required, upon sight of such order, forthwith to to be repaid by pay to such person, or to any one duly authorised on his or the treasurer. her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the commissioners of his majesty's treasury, who, upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without any fee or reward whatsoever."

7 G. 4. c. 64.

be made to
widow, child,
or parent of a
person killed in
endcavouring to
apprehend cer-

By 30. it is enacted," That if any man shall happen to be killed Allowance may in endeavouring to apprehend any person who shall be charged with any of the offences herein-before last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children, in case his wife shall be dead, or to his father or mother, in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheriff in the manner herein-before mentioned."

tain offenders; to be paid by the sheriff.

Information against a Person for Felony.

County of

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{THE information and complaint of A. I. of

in the county of

•, yeoman, made on oath before me J. P. esquire, one of his majesty's justices of the peace for the said county, the.

year

day of

in the

have

-, that yesterday in the night or early in the morning of this day divers goods of him the said A. I., to wit, feloniously been stolen, taken, and carried away from the house of him the said A. I. at aforesaid in the county aforesaid, and that he hath just cause to suspect and doth suspect that A.0. late oflabourer, feloniously did steal, take, and carry away the same: [or otherwise, as the case shall be:] And thereupon he the said A. I. prayeth that justice may be done in the premises.

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in the county of

FORASMUCH as A. I. of

A. I.

yeoman, hath this day made information and complaint upon oath before me -, one of his majesty's justices of the peace

said A. I., to wit,

labourer,

for the said county, that this present day divers goods of him the
-, have feloniously been stolen, taken, and
carried away from the house of him the said A. I. at
aforesaid in the county aforesaid, and that he hath just cause to
suspect and doth suspect that A.O. late of
feloniously did steal, take, and carry away the same: [or otherwise,
as the case shall be.] These are therefore to command you forth-
with to apprehend him the said A. O., and to bring him before me
to answer unto the said information and complaint, and to be further
dealt withal according to law. Herein fail you not. Given under my
hand and seal the
in the year

·day of

The form of a commitment for felony; see Commitment.
The form of a search warrant for stolen goods; see Search

Marrant.

Fern, Burning of. See Burning.

Fireworks.

or

Fireworks a nuisance.

BY stat. 9 & 10 W. 3. c. 7. § 1., it shall not be lawful for any 9&10 W.3. c.7. person (of what age, sex, degree, or quality soever) to make cause to be made, or to sell or expose to sale any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for making the same; or to permit the same to be cast, thrown, or fired from out of or in his house, lodging, or habitation, or other place thereto belonging, into any public street, highway, road, or passage; or to throw, cast, or fire, or be aiding in throwing, casting, or firing the same in or into any public street, house, shop, river, highway, road, or passage; and every such offence shall be adjudged a common nuisance.

§ 2. If any person shall make or cause to be made, or give, sell, or offer to sale any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for making the same, he shall, on conviction before one justice, or chief magistrate, by confession, or oath of two witnesses, forfeit 5l., half to the poor, and half to the prosecutor, to be levied by distress, by warrant of such justice or chief magistrate.

Making and selling rockets,

&c.

§ 2. And if any person shall permit any of the same to be cast, Suffering thrown, or fired from, out of, or in his house, shop, dwelling, lodg- rockets to be ing, habitation, or other place thereto belonging, into any public fired. street, highway, road, or passage, or any other house or place, he

shall forfeit 20s. in like manner.

§ 3. If any person shall throw, cast, or fire, or be aiding in Firing rockets. throwing, casting, or firing any the same into any public street, house, shop, river, highway, road, or passage, he shall forfeit 20s. in like manner; and if he shall not immediately on conviction pay to the justices the said forfeiture for the uses aforesaid, the latter shall commit him to the house of correction, to be kept to hard labour for any time not exceeding one month, unless he shall sooner pay the forfeiture.

Where a squib was wantonly thrown among the stands at a fair, and being removed from off that on which it alighted, it occasioned the loss of the eye of a by-stander, it was holden by De Grey C. J., and Nares and Gould Js., against Blackstone J., that all that was done subsequent to the original throwing was a continuation of the first force and first act, which continued till the squib was spent by bursting; and that trespass, not an action on the case, was the proper remedy. Scott v. Shepherd, 2 Blac. Rep. 892.

In a like case at N. P. it was held by Lord Ellenborough C. J., that a schoolmaster who permits an infant pupil under his care to make use of fireworks, is responsible in an action for the mischief which ensues. King v. Ford, 1 Stark. N. P. C. 421.

Liability of per

son throwing a

firework.

By stat. 3 G. 4. c. 126. § 121., a penalty of 40s. is imposed for 3 G. 4. c. 126. making or assisting in making bonfires, or wantonly letting off any squib, rocket, serpent, or other firework whatsoever, within 80 feet of the centre of any turnpike road. See tit. Highways (Turnpike).

No larceny of fish, if unconfined, at C. L.

7 & 8 G.4. c. 29.

Taking fish in any water situ

ated in land belonging to a dwellinghouse;

in any private fishery elsewhere.

Information on stat. 9 & 10 W. 3. c. 7. § 2. for selling Fireworks.

"

,

day of in the in the said county

County of BE it remembered, that on the
year of our Lord, at
to wit. of-
A. I. of -, in the said county, gentle-
man, cometh before me, J. P. esquire, one of his majesty's justices of
the peace in and for the said county, and giveth me, the said justice,
to understand and be informed, that A. O. of the town and parish of
in the said county, toyman, at his shop in the said town and
parish, on the day of this instant month of
unlaw-
fully and against the form of the statute did sell to one R. F. cer-
tain squibs, serpents, rockets, and other fireworks, whereby the said
A. O. by virtue of the said statute in that case made and provided,
hath for his said offence forfeited the sum of five pounds; wherefore
the said A. I. prayeth the judgment of me, the said justice, in the
premises, and that he may have one moiety of the said forfeiture of
five pounds.

Exhibited, &c.

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For casting and throwing Squibs and other Fireworks.
That A. O. late of

in the said county, yeoman,
on the
day of
now last past, at the town and
parish of
in the said county, in the public street and high-
way there, unlawfully did throw, cast, and fire certain fireworks,
against the form of the statute in such case made and provided,
whereby and by force of the said statute, the said A. O. for his said
offence hath forfeited the sum of twenty shillings. Wherefore, &c.

Fish and Fisheries.

[7 & 8 G. 4. c. 29.-c. 30.]

S to offences in regard to fish, it is to be understood that larceny cannot be committed of fish in an open river or pond, whatever may be the exclusive right of taking them, being animals in which there is no property, like beasts feræ naturæ ; but if they are dead, or confined, and may serve for food, it is otherwise at C. L.: for of fish in a trunk or net, or, as it should seem, in any other enclosed place which is private property, larceny may be committed. 2 East, P. C. 607. The following statutory provisions have however been enacted for the protection of fish.

By 7 & 8 G. 4. c. 29. § 34., “If any person shall unlawfully and wilfully take or destroy any fish in any water which shall run through or be in any land adjoining or belonging to the dwelling house of any person being the owner of such water, or having a right of fishery therein, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully take or destroy, or attempt to take or destroy any fish in any water not being such as aforesaid, but which shall be private property, or in which there shall be any private right of fishery, every such offender, being convicted thereof before a justice of the peace,

shall forfeit and pay, over and above the value of the fish taken or Provision destroyed (if any), such sum of money, not exceeding 5., respecting as to the justice shall seem meet: Provided always, that nothing anglers. herein-before contained shall extend to any person angling in the day time; but if any person shall by angling in the day-time unlaw fully and wilfully take or destroy, or attempt to take or destroy, any fish in any such water as first mentioned, he shall, on conviction before a justice of the peace, forfeit and pay any sum not exceeding 51.; and if in any such water as last mentioned, he shall, on the like conviction, forfeit and pay any sum not exceeding 21., as to the justice shall seem meet; and if the boundary of any parish, township, or vill shall happen to be in or by the side of any such water as is herein-before mentioned, it shall be sufficient to prove that the offence was committed either in the parish, township, or vill named in the indictment or information, or in any parish, township, or vill adjoining thereto.

up

The tackle of fishers may be

seized.

Angler, on seizure of his

tackle, exempt from penalty.

Stealing oysters or oyster brood

from oyster

beds.

§ 35. "If any person shall at any time be found fishing, against the provisions of this act, it shall be lawful for the owner of the ground, water, or fishery where such offender shall be so found, his servants, or any person authorised by him, to demand from such offender any rods, lines, hooks, nets, or other implements for taking or destroying fish, which shall then be in his possession; and in case such offender shall not immediately deliver up the same, to seize and take the same from him for the use of such owner: Provided always, that any person angling in the day-time, against the provisions of this act, from whom any implements used by anglers shall be taken, or by whom the same shall be delivered as aforesaid, shall by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling." $36. "If any person shall steal any oysters or oyster brood from any oyster bed, laying, or fishery, being the property of any other person, and sufficiently marked out or known as such, every such offender shall be deemed guilty of larceny, and being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully use any dredge, or any net, instrument, or engine whatsoever, within the limits of any such oyster 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 of 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, Punishment. 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 Proviso. 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."

Dredging for oysters within the limits of any oyster

fishery.

Persons offending against the act, except angling in the

By § 63. it is enacted, that any person found committing any offence punishable, either upon indictment or upon summary conviction, under this act, except only the offence of angling in the day-time, may be immediately apprehended without a warrant, by day-time, may

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