c. 96.

fully kill any such bird, beast, or animal, with intent 24 & 25 Vict. to steal the same or any part thereof,—shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour for any term not exceeding six months,—or else shall forfeit and pay, over and above the value of the bird, beast, or other animal, such sum of money, not exceeding twenty pounds, -as to the justice shall seem meet ;3

"And whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards commit any offence in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit.”3

Sect. 22 enacts,-" If any such bird, or any of the plumage thereof, or any dog, or any such beast, or the skin thereof, or any such animal, or any part thereof, shall be found in the possession or on the premises

above refers to the animals when alive: when they are killed it is felony (larceny) to steal the flesh or skins of them as well as the product, as eggs (unless a less punishment is provided, as in the case of the eggs of swans, &c., ante, pp. 74, 75), for they are the subject of property. Larceny cannot, however, be committed of swans and wild fowl, which have their natural liberty, nor of rooks in a rookery (Roscoe's Ev. in Cr. Cas. 601, 602, 5th ed.; Arch. Cr. Pl., by Welsby, 12th ed., p. 259; Woolrych, G. L. 7-24). The general rule may be stated to be, that domestic animals and fowls, alive or dead, and animals féræ naturæ when dead or reclaimed, are property and the subjects of larceny in some way or other.

Vide ante, pp. 125, 126, Chap. XII., for the summary procedure in these cases, which is equally applicable here. For the mode of proving the former conviction, see s. 112; in addition to which there should be evidence of the offender's identity.

Second

offence.

Persons session of

found in pos

stolen beasts,

&c. liable to penalties.

7 & 8 Geo. 4,

c. 29, s. 32.

c. 93.

24 & 25 Vict. of any person, any justice may restore the same respectively to the owner thereof;*

"And any person in whose possession or on whose premises such bird or the plumage thereof, or such beast or the skin thereof, or such animal or any part thereof, shall be so found, (such person knowing that the bird, beast, or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen beast, or that the part is a part of a stolen animal,) shall, on conviction before a Penalty, &c. justice of the peace, be liable for the first offence to such forfeiture, and for every subsequent offence to such punishment, as any person convicted of stealing any beast or bird is made liable to by the last preceding section."

Maiming beasts or birds.

Killing

pigeons.

[As to maiming or wounding these beasts or birds, see 24 & 25 Vict. c. 97, s. 41, ante, p. 178.]

Sect. 23 enacts,-" Whosoever shall unlawfully and 7 & 8 Geo. 4, wilfully kill, wound, or take any house dove or pigeon

c. 29, s. 33.

under such circumstances as shall not amount to larceny at common law, shall, on conviction before a justice of the peace, forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds."

4 A search warrant may be granted for this purpose, see s. 103, ante, p. 126.

5 See pp. 182, 183, and note 3, supra.

6 It is larceny at common law (i. e., simple larceny, punishable on indictment) to take house doves or pigeons, being fit for food, when reclaimed and reduced into possession, as in a dove-cote, or shut up in their boxes every night; and, indeed, also tame pigeons, although unconfined, with free access at their pleasure to the open air (Roscoe's Ev. in Cr. Cas., 5th ed., p. 601; Arch. Cr. Pl., by Welsby, 12th ed., p. 259). If the dove or pigeon is not reclaimed, so as to be capable of a felonious taking, then this section will operate; but if the pigeon be quite feræ naturæ, it is not property, and not within the section.

7 See note 3, supra.

FORMS.R

24 & 25 Vict.

c. 96.

not the sub

For that you [or he the said A. B.] on &c., at &c., un- 99. Stealing lawfully did steal a certain bird [or beast], to wit, a parrot [or beast or bird fox, or ferret], of the price and value of the property ject of of [the said] C. D., the complainant, which was then and larceny at ordinarily kept in a state of confinement [or for a domestic common law purpose], contrary, &c.

(s. 21).

These may be easily drawn from the forms Nos. 66 and 100, 101. 67, ante, pp. 127, 128.

For that he the said A. B. on &c., at &c., unlawfully had in his possession [or on his premises] there a certain bird [or beast], to wit, a —— -, of the price and value of -, [or the plumage of a certain bird, or a certain beast, or the skin of a certain beast, or animal called -], the property of [the said] C. D., the complainant, which had been theretofore and ordinarily kept in a state of confinement [or for a domestic purpose], and which had then lately before been unlawfully stolen by a certain evil-disposed person [or by a person whose name is unknown], he the said A. B. then and there well knowing the said bird [or beast, or as the case may be] to have been unlawfully stolen, contrary, &c.

These will be the same as Nos. 99, 102, supra, adding at the conclusion," he the said A. B. having been previously convicted of the like offence."

Complaint and search warrant for the stolen beast or bird.

102. Having possession of stolen beast,

&c. (s. 22).

103. The like forms Nos.

offence as in

99, 102-second offence.

doves or

For that you [or he the said A. B.] on &c., at &c., unlaw- 104. Killing, fully and wilfully did kill [or wound, or take] a certain house &c., house dove [or pigeon] of the price and value of - the property pigeons. of [the said] C. D., the complainant under such circum- (s. 23). stances as did not amount to larceny at common law, contrary, &c.

Same as Nos. 92, 93, 94, ante, p. 180.

• These statements of offences are to be used with the general forms in 11 & 12 Vict. c. 43.

105. Covictions and commit

ments.

CHAPTER XIX.

TABULAR LIST OF PENALTIES.1

(1) For Offences under the 1 & 2 Will. 4, c. 32, infra. (2) For Offences under the Night Poaching Acts, p. 188. (3) For Offences as to Hares, Conies and Deer, p. 189. (4) For Offences under Excise Laws, p. 190.

(5) For Offences as to Fish and Fisheries, p. 190. (6) For Offences as to Dogs, Birds, Beasts, &c., p. 193.

The third column shows the number of Justices necessary to hear the case or convict.

(1) FOR OFFENCES UNDER THE 1 & 2 WILL. 4, c. 32.2

The author's larger work, "The Magisterial Synopsis" (now in the 7th ed.) contains the whole summary jurisdiction as well as indictable offences, in more elaborate tables.

2 Vide Chap. X., ante, pp. 94-107, for the procedure, time, imprisonment, &c., for these offences.