9 Geo. 4, c. 69. Appeal against the summary conviction. one surety in the sum of ten pounds, conditioned that he the said A. O. shall not so offend again for the space of one year next following; and we further adjudge the said A. O., in case he shall not find such sureties as aforesaid, to be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties shall be sooner found. Given under our hands, the day and year first above mentioned.'' [This is similar to the form I 3, in schedule to 11 & 12 Vict. c. 43, either of which may be used as the skeleton form. This only contains the adjudication for a first offence; for, on a second conviction, there should be an averment of the previous conviction, as shown in Oke's "Magisterial Formulist," 3rd ed., pp. 155, 156. Costs may be ordered to be paid by the defendants in these cases, and there may be an additional month's imprisonment imposed for them (11 & 12 Vict. c. 43, s. 24). The forms of statements of the offences are at pp. 119, 120, post.] Sect. 6 enacts,— "That any person who shall think himself aggrieved by any such summary conviction may appeal to the next court of general or quarter sessions which shall be holden, not less than twelve days after the day of such conviction, for the county, riding or division, wherein the cause of complaint shall have arisen ;-provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a recognizance, or bond of caution in Scotland, with a sufficient surety, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court;and upon such notice being given, and such recognizance or bond being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody;-and the court at such sessions shall hear and determine the matter of appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet;-and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment."-[See the reference to 12 & 13 Vict. c. 45, and 20 & 21 Vict. c. 43, ante, p. 98, which acts are equally applicable to summary convictions under this act.] any 69. No certiorari, &c. Sect. 7 enacts,-"That no such conviction, or adjudi- 9 Geo. 4, c. cation made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari, or otherwise, into of his majesty's superior courts of record, or in Scotland by advocation or suspension into any superior court;-and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same."-[See note 10, ante, p. 104, hereon.] ed to the registered, Sect. 8 enacts,- "That on every conviction under this Convictions act for a first or second offence the convicting justices shall to be returnreturn the same to the next quarter sessions for the county, quarter riding, division, city or place, wherein such offence shall sessions and have been committed;-and the record of such conviction, and may be or any copy thereof, shall be evidence in any prosecution to given in be instituted against the party thereby convicted for a second evidence. or third offence;-and the clerk of the peace shall immediately on such return make or cause to be made a memorandum of such conviction in a register to be kept by him of the names and places of abode of the persons so convicted, and shall state whether such conviction be the first or second conviction of the offending party."-[11 & 12 Vict. c. 43, s. 14, contains a similar requirement to the first clause of this section. As to the sufficiency in an indictment of an allegation of the previous conviction, see Cureton v. Reg., 30 L. J. (N. S.) M. C. 149; 4 Law T., N. S. 286; 25 J. P. 436. In addition to this proof there should be evidence identifying the offender with the person named in the previous conviction.] FORMS.16 1 game or rab For that you [or he the said A. B.] on the day of 57. Taking at the parish of in the said county, about the hour or destroying of in the night of the same day [or three hours after bits by night sunset, or before sunrise], by night unlawfully did take [or (9 Geo. 4, c. destroy] certain game, to wit, two partridges, [or take, or destroy, one rabbit]* 16 The first three of these forms are for use in summary procéedings, and are to be inserted in the general forms applicable in 11 & 12 Vict. c. 43; the remaining three are for use in cases triable on indictment, and are intended for insertion in a warrant to apprehend, commitment for trial, &c. They are taken from Oke's "Magisterial Formulist," 3rd ed., pp. 155, 528, to which work reference should be made for other forms necessary. 69, s. 1). 58. The like on a public road, high in a certain close of land in the occupation [or the property] of C. D. [or in certain open land in the occupation, or the property of C. D., or in a certain wood in the occupation, or the property of C. D.] there situate, contrary to the form of the statute in such case made and provided (the same being your or his [first] offence). Proceed to the asterisk* in form No. 57, supra, and then in [or on the side of] a certain public road [or public way, &c. (Id. highway, or public path], and 7 & 8 Vict. c. 29, s. 1). 59. Entering by night on land with gun to take or destroy game (9 Geo. 4, c. 69, s. 1). 60. The like offences as above, after [or at a certain opening or outlet or gate, from a certain close in the occupation or the property of C. D., into a certain public road, or public highway, or public path], there situate, leading from to [or called the lane], contrary, &c. [as in No. 57, supra.] For that you [or he the said A. B.] on &c., at &c., about the hour of in the night of the same day [or two hours after sunset, or before sunrise], by night unlawfully did enter and was in a certain close of land in the occupation [or the property] of C. D. [or wood in the occupation, or the property of C. D., or open land, the property of C. D.] there situate, with a certain gun [or net or engine, to wit, a snare,] for the purpose then and there by night as aforesaid of taking [or destroying] game [if known, say, to wit, partridges] there, contrary, &c. [as in form No. 57, supra.] Describe the offence as in either of the above three statements, adding," he the said A. B. having before then two previous been twice previously convicted of the like offence." convictions. (Indictable.) assaulting gun, &c. (9 Geo. 4, c. 69, s. 2; 7 & 8 Vict. c. 29, s. 1). For that he the said A. B. on &c., at &c., in the night 61. Offenders time, to wit, about the hour of in the night of the said keeper with day [or two hours after sunset], at the parish of - in the said [county] of was found by C. D. upon a certain close of land of [or in the occupation of] E. F. there situate, with a certain gun [or as the case may be], for the purpose then, and by night as aforesaid, unlawfully taking and destroying game, the said C. D. being the gamekeeper of the said E, F., and having then lawful authority to seize and apprehend the said A. B., and that he the said C. D., being then about to seize and apprehend him, he the said A. B. [with the gun aforesaid] unlawfully did then assault and beat and offer violence towards the said C. D., contrary, &c. 62. Three or more enter For that he the said A. B., [D. G. and G. H.,] on &c., at &c., together with divers other persons unknown, [to the number of three or more together,] about the hour of ing land, one being armed (9 Geo. 4, c. 69, s. 9). CHAPTER XII. HUNTING AND KILLING DEER. Excise licence now kill deer. AN excise licence to kill deer is, since the 23 & 24 necessary to Vict. c. 90, required to be taken out in like manner as for taking game, except in the cases of an owner or occupier of inclosed lands killing deer thereon, and deer taken by hunting with hounds. See ss. 2, 5, ante, pp. 26-28. Enactments protecting deer and 24 & 25 Vict. c. 96. The following enactments in the recent Larceny Consolidation Act1, relate to the protection of deer in keepers, &c. forests and chases, and the deerkeepers, &c. The 24 & 25 Vict. c. 96, s. 12, 66 enacts,- Whosoever 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 7 & 8 Geo. 4, part of any forest, chase, or purlieu, shall for every Stealing deer in an uninclosed part of a forest. c. 29, s. 26, (in part). Second of 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 whosoever having been previously convicted fence, felony. of any offence relating to deer, for which a pecuniary This act, with the other criminal law statutes of this session, does not come into operation until the 1st of November, 1861, up to which time the act and section in the margin of the enactments here given, which are similar, are in force, the 24 & 25 Vict. c. 95, repealing them from that date. 2 See post, pp. 125, 126, for the mode of procedure for the recovery of penalties under the act, and pp. 127-130, description of offences and other forms. |