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7 G. 4. c. 64. 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 be made to widow, child,
with any of the offences herein-before last mentioned, it shall be or parent of a
lawful for the court before whom such person shall be tried to person killed in order the sheriff of the county to pay to the widow of the man en icavouring to so killed, in case he shall have been married, or to his child or apprehend cer- children, in case his wife shall be dead, or to his father or mother, tain offenders ; to be paid by
in case he shall have left neither wife nor child, such sum of money the sheriff,
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.”
Information against a Person for Felony.
> yeoman, made on oath before me J. P. esquire, one of his majesty's justices of the peace for the said county, the day of
in the year
that yesterday in the night or early in the morning of this day divers goods of him the said A. I., to wit,
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.0.
labourer, 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.
Warrant for Felony.
the constable of -
yeoman, hath this day made information and complaint upon oath before me -, one of his majesty's justices of the peace for the said county, that this present day divers goods of him the said A. I., to wit,
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 - -, labourer, feloniously did steal, take, and carry away the same : (or otherwise, as the case shall be.] These are therefore to command you forthwith 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 day of in the year
The form of a commitment for felony ; see commitment.
The form of a search warrant for stolen goods; see Search wiarrant.
Fern, Burning of. See Burning.
Fireworks. 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 or Fireworks a 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, Making and or offer to sale any squibs, rockets, serpents, or other fireworks, selling rockets, 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 51., half to the poor, and half to the prosecutor, to be levied by distress, by warrant of such justice or chief magistrate.
§ 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, Liability of perand being removed from off that on which it alighted, it occasioned son throwing a the loss of the eye of a by-stander, it was holden by De Grey C. J., firework. 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.
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).
A. I. of
Information on stat. 9 & 10 W. 3. c. 7. § 2. for selling Fire
works. County of BE it remembered, that on the day of — in the year of our Lord
in the said county to wit.
-, in the said county, gentleman, 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
unlawfully and against the form of the statute did sell to one R. F. certain squibs, serpents, rockets, and other fireworks, whereby the said A. 0. 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.
For casting and throwing Squibs and other Fireworks.
in the said county, yeoman, day of
now last past, at the town and parish of
in the said county, in the public street and highway 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.] No larceny of A S to offences in regard to fish, it is to be understood that larceny fish, if uncon- cannot be committed of fish in an open river or pond, whatever fined, at C. L.
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. 7 & 8 G.4. c. 29. By 7 & 8 G. 4. c. 29. § 34., “ If any person shall unlawfully and Taking fish in wilfully take or destroy any fish in any water which shall run any water situ- through or be in any land adjoining or belonging to the dwelling ated in land belonging to a
house of any person being the owner of such water, or having a dwelling- right of fishery therein, every such offender shall be guilty of a house ; misdemeanor, and, being convicted thereof, shall be punished in any private accordingly; and if any person shall unlawfully and wilfully take fishery else
or destroy, or attempt to take or destroy any fish in any water where.
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 5l., 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 un. lawfully 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.
$ 35. “ If any person shall at any time be found fishing, against The tackle of the provisions of this act, it shall be lawful for the owner of the fishers may be ground, water, or fishery where such offender shall be so found, seized. 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 Angler, on the provisions of this act, from whom any implements used by seizure of his anglers shall be taken, or by whom the same shall be delivered up from penalty. 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 Stealing oysters any oyster bed, laying, or fishery, being the property of any other or oyster brood
from oyster person, and sufficiently marked out or known as such, every such
beds. offender shall be deemed guilty of larceny, and being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wiltully use any dredge, or any net, instrument, or Dredging for engine whatsoever, within the limits of any such oyster fishery, oysters within for the purpose of taking oysters or oyster brood, although none
the limits of shall be actually taken, or shall, with any net, instrument, or engine, any oyster 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 201., 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.""
By $ 63. it is enacted, that any person found committing any Persons offendoffence punishable, either upon indictment or upon summary con- ing against the viction, under this act, except only the offence of angling in the act, except day-time, may be immediately apprehended without a warrant, by day-time, may
7 & 8 G.4. c.30
be apprehended any peace officer, or by the owner of the property in respect to without war- which the offence shall be committed, or by his servant, or by any
person authorised by him, and forth with taken before some neigh. bouring justice of the peace. For the application of forfeitures and penalties under this act, the form of conviction, &c., see tit. Larceny.
By 7 & 8 G. 4. c. 30. Ş 15., “ If any person shall unlawfully and Breaking down maliciously break down or otherwise destroy the dam of any fishor destroying
pond, or of any water which shall be private property, or in which fish-ponds, &c.; there shall be any private right of fishery, with intent thereby to
take or destroy any of the fish in such pond or water, or so as
thereby to cause the loss or destruction of any of the fish, or shall or putting unlawfully and maliciously put any lime or other noxious material noxious ma- in any such pond or water, with intent thereby to destroy any of terials into
the fish therein, or shall unlawfully and maliciously break down same;
or otherwise destroy the dam of any millpond, every such offender or destroying mill-ponds;
shall be guilty of a misdemeanor, and, being convicted thereof, a misdemeanor. shall be liable, at the discretion of the court, to be transported Seven years' beyond the seas for the term of seven years, or to be imprisoned transportation for any term not exceeding two years; and, if a male, to be once, or imprison
twice, or thrice publicly or privately whipped (if the court shall
so think fit), in addition to such imprisonment. Power to
By $ 28. any person found offending against the act, whether apprehend punishable by indictment or summary conviction, may be immeoffender with diately apprehended without a warrant, by any peace officer or
the owner of the property injured, or any person authorised by him, and forthwith taken before some neighbouring justice. For the application of forfeitures and penalties under this act, the form of conviction, &c., see tit. Stalicious Injuries.
By 5 G. 3. c. 14. (now repealed) § 1., if any person entered into any park, garden, &c. wherein was any stream, pond, &c., and stole, took, killed, or destroyed any fish in such stream, &c. without consent of the owner, on being indicted for such offence within six months, he should, on conviction, be transported for seven years.
On the above act the following decision has taken place, in regard
to fish so taken being called the goods and chattels of the owner. The fish stated Hunsdon's case, 0. B. 1781, 2 East's P. C. 611. Indictment to be the goods, against J. H. on stat. 5 G. 3. c. 14. § 1. charged him with unlaw
fully entering a garden of A. T. adjoining and belonging to her
dwelling-house, in which was a certain pond used for keeping fish, Surplusage.
and without A. T.'s consent, with a certain net, stealing and taking out of the said pond a certain quantity of live gold and silver fish of the goods and chattels of the said A. T., against the form of the statute. On evidence it appeared that the pond out of which the fish were taken adjoined to the house, and was about 20 yards in length and 10 in breadth; that gold fish and other fish were kept in it, which were usually fished for with a hook and line. It was objected, that fish in an open pond were feræ nature, unreclaimed, and not the property of any particular person, as they were laid to be in the indic ent. In answer to which a distinction was taken on the part of the crown, that this was not an indictment for a felony, but only for a misdemeanor on the statute [which, it is to be observed, uses the word steal], though the punishment directed was transportation. In E. T. 1781, all the judges held the indictment good, the case being fully brought within stat, 5 G. 3., without the allegation that the fish were the goods and
&c. of the wner.