deer [or if a snare, that he hath a lawful occasion for such snare, and that Oke's Synop. he did not keep the same for any unlawful purpose], and to be further 2nd ed. p. 152. dealt with according to law. 4. Statement of the Offence of having Deer or Engine for the Conviction. (Id. s. 27.)]-had in his possession [or on his premises, situate at ledge], aforesaid, and with his know a part of a deer, to wit, [or a snare, &c.]; and that upon the said part of the said deer [or snare] being found in the possession [or on the said premises] of the said A. B. as aforesaid, by virtue of a certain search warrant duly granted in that behalf, and the said A. B. being examined before me the said justice now here, the said A. B. doth not satisfy me the said justice that he came lawfully by the said deer, [or where a snare has been found, that he hath or then had a lawful occasion for such snare, and that he did not keep the same for any unlawful purpose], but hath altogether failed in doing so, contrary, &c. 5. Complaint for a Summons against Person through whose hands Venison Id. Offence 7. passed. (Id. s. 27.)]-Proceed in the usual Form of information No. 1, ante, p. 23, and then-that lately upon part of a deer, to wit, the hind quarter thereof, being by virtue of a search warrant duly granted in that behalf, found in the possession [or on the premises] of one A.B. of, &c., at the said A. B. being thereupon, to wit, on the day of brought before me the said justice [or J. P., Esquire, one of her Majesty's justices of the peace in and for the said [county] of ,] I was informed and given to understand that you the said E. F. had had possession thereof. and instant, 6. Summons thereon to E. F.]—Proceed in the usual Form No. 8 (A.), ante, p. 26, reciting the complaint No. 5, supra, and instead of to answer, &c., say:-to satisfy me or the said justices that you have come lawfully by the said part of the said deer, and to be further dealt with, &c. 7. Statement of Offence for Conviction. (Id. s. 27.)]—after stating offence similar as in complaint No. 5, supra, say:-and that the said E. F., although duly summoned, hath not appeared here at this day and place, as thereby required, or shown unto or satisfied me that he came lawfully by the said deer, contrary, &c. 8. Setting Engines, &c. for Deer. (Id. s. 28.)]-did unlawfully and Id. Offences 8, wilfully set [or use] a certain engine [or snare] called, for the pur- 9,10. pose of then and there taking [or killing] deer in a certain part of a cer tain forest [or chase, or purlieu] there situate, called [or in a certain fence or bank dividing a certain forest, called from certain land called -, adjoining thereto, [or in certain inclosed land there situate, in the occupation of one E. F., and in which inclosed land deer were then and usually kept], contrary, &c. 9. Destroying Fence of Land where Deer kept. (Id.)]-did unlawfully Id. Offence 11. and wilfully destroy a certain part, to wit, twenty feet, of the fence of certain land then and there called [or in the occupation of E. F.], then in the occupation of one E, F., there situate, wherein deer were then and there kept, contrary, &c. Oke's Synop. 2nd ed. p. 154. Offence 12. Id. Offence 13. Id. Offence 14. Id. Offences 15, 16. Id. Offences 17, 18. Id. Offence 19. 10. Stealing Beast or Bird not Larceny at Common Law. (Id. s. 31.)] did steal, take and carry away one bird [or beast], to wit, a parrot, of the value of —, the property of [the said] C. D., the complainant, which was then and ordinarily kept in a state of confinement, contrary, &c. 11. The Complaint and Search Warrant for the stolen Beast or Bird may be easily drawn from the Form No. 2 and 3, ante, p. 140. 12. Statement of Offence of having in Possession for the Conviction. (Id. s. 32.)]—had in his possession [or on his premises, situate at aforesaid] a certain bird, to wit, a parrot, of the value of -, the property of [the said] C. D., the complainant, which had been theretofore and ordinarily kept in a state of confinement, and which had then lately before been unlawfully stolen, taken and carried away, by some person unknown, the said bird [or the plumage of the said bird] having been found therein by virtue of a certain search warrant theretofore in that behalf duly granted, he the said A. B. then and there well knowing the said bird to have been unlawfully stolen, taken and carried away, contrary, &c. 13. Killing, &c. House Doves or Pigeons. (Id. s. 33.)]-did unlawfully and wilfully kill [or wound or take] one house dove [or pigeon] of the value of, the property of [the said] C. D., the complainant, then and there being found [and if so, at a distance from and straying from the place where the same did usually roost and build], contrary, &c. 14. Taking, &c. Fish in Private Water, not belonging to a Dwellinghouse. (Id. s. 34)]-did unlawfully take [or destroy] [or attempt to take or destroy, by then and there using and drawing nets for that purpose, or as the case may be] five fish called perch, of the value of sixpence, then and there being found in certain water, to wit, a pond [or stream] there situate, the private property of one [or the said] C. D., the complainant, [or wherein one [or the said] C. D., the complainant, then had a private right of fishery], and not running through or being 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, contrary, &c. 15. Angling in the Day Time in Water adjoining a Dwelling-house. (Id. s. 34.)]-did by angling in the day time, to wit, about the hour of o'clock in the forenoon of the same day, unlawfully and wilfully take [or destroy] [or attempt to take or destroy] five fish called perch, of the value of sixpence, then and there being found * in certain water there running through and being in certain land belonging [or adjoining] to the dwelling-house of one [or the said] C. D., the complainant, the said C. D. being then and there the owner of the said water [or the said C. D. having then and there a right of fishery in thd said water], contrary, &c. 16. Angling in other Water. (Id. s. 34.)]-Proceed to the asterisk* in Form No. 15, supra, then :-in a certain pond [or stream] of water there situate, the private property of one [or the said] C. D., the complainant, [or wherein one [or the said] C. D., the complainant], had a private right of fishery], and not running through or being 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, contrary, &c. II. OF TREES, FENCES, &c. 17. Stealing, &c. Trees, Shrubs, &c. of Value of 1s. (Id. s. 39.)-did steal, take, and carry away, [or did cut, break, root up, or destroy, or damage, with intent then a certain [part of a certain] ash tree [or as the case may be], [to wit, five [or if no stealiag, say here, and thereby doing injury to the said C. D. to the amount of one shilling at the least, to wit, two shillings, and leave out, of the value of one shilling at the least, to wit, two shillings], contrary, &c. 18. Stealing, &c. Fences, Stiles, Gates, &c. (Id. s. 40.)]—did steal, take, Id. Offences 23 and carry away [or did cut, or break, or root up, or throw down, with intent then [part of] a certain dead [or live] fence, [or a certain wooden post, pale, said] C. D., the complainant, contrary, &c. -], the property of one [or the thereby doing injury to the said -25. 19. Complaint for a Search Warrant, to search for stolen Trees, Fences, Id. Offence 26. &c., to value of 2s. (Id. ss. 41, 63.)]-Proceed in the usual form of information No. 1, ante, p. 23, and then-that he, the said C. D., hath reasonable cause to suspect, and doth suspect and believe that A. B. of, &c., hath in his possession [or on his premises situate at and with his knowledge,] certain ash trees, to wit, six ash trees, [or fence, &c.] of the value of two shillings at the least, to wit, three shillings, the property of the said C. D., which were lately, to wit, on the day of the parish of aforesaid, by some person unknown, stolen, taken, and carried away, being then and there growing, contrary, &c. " at 20. Search Warrant thereon.]—This will be similar to the Form No. 3, ante, p. 140. 21. Statement of the Offence of having stolen Trees, &c., for the Conviction. (Id. s. 41.)]-For that a certain [beech tree] of the value of two shillings at the least, to wit, three shillings, was found on the premises [or in the possession] of the said A. B. there situate, by virtue of a certain search warrant theretofore in that behalf duly granted, he, the said A. B., well knowing the said [tree] to be on his premises aforesaid, and that he, the said A. B., being now here brought before me, the said justice, doth not show unto or satisfy me, the said justice, that he came lawfully by the said tree, but hath altogether failed in so doing, contrary, &c. Oke's Synop. 2nd ed. p. 156. Offences 27, 28. Id. Offences 29, 30. 22. Stealing, &c., Plants, Fruits, &c. in Gardens, &c. (Id. s. 42.)]— did steal, take, and carry away, [or destroy, or damage, with intent then and there to steal, take, and carry away,] certain fruit, [or plant, root, or vegetable production,] to wit, one peck of apples, of the value of, the property of one [or the said] C. D., then and there growing in a certain garden [or orchard, nursery-ground, hothouse, green-house, or conservatory,] of the said C. D. there situate, [or if for an injury, say here, and thereby doing injury to the said C.D. to the amount of and leave out, of the value of -,] contrary, &c. 23. Stealing, &c., Roots or Plants, &c., growing elsewhere. (Id. s. 43.)] -did steal, take, and carry away [or destroy, or damage, with intent then and there to steal, take, and carry away,] certain cultivated roots [or plants] used for the food of man, [or beast, or for medicine, or distillery, or dyeing, or for or in the course of a certain manufacture, to wit,,] to wit, ten, of the value of - the property of one [or the said] C. D., then and there growing in certain inclosed [or open] land of the said C. D. there situate, and not being a garden, orchard, or nursery-ground, [or if for an injury, say here, and thereby doing injury to the said C. D. to the amount of and leave out of the value Id. p. 158. Id. Offence 32. III. ACCESSORIES AND RECEIVERS. 24. Aiding and abetting, &c., in the Commission of Offences. (Id. s. 62.)]-These offences may be described as in the General Forms No. 6 or 7, ante, p. 26. 25. Knowingly receiving. (Id. s. 60.)]—did then and there receive one oak tree [or as the case may be], of the value of, the property of one [or the said] C. D., the complainant, then lately before unlawfully stolen by some person unknown [or by one E. F.,] from certain land of the said C. D., on which the same was then and there growing, he, the said A. B., then and there well knowing the said tree to have been unlawfully come by, contrary, &c. 26. Discharge from a First Conviction. (Id. s. 68.)]—The conviction will be in the regular form to the end of the adjudication, and then thus:-but this being the first conviction of the said A. B., I do discharge him therefrom on payment forthwith of the following sums, ascertained by me for damages and costs, that is to say, to C. D., the party aggrieved, for damages; and to the said C. D. for his costs. 27. Discharge from Custody, where Offender discharged from Conviction after Committal. ́ (Id.) To the keeper of the [house of correction] at Whereas A. B., late of -, &c., was on the in the said day of duly convicted before me, the undersigned, one of her Majesty's justices of the peace in and for the said [county] of and committed to your custody and in the said [house of correction], for that he, the said A. B., did on the Oke's Synop. 2nd ed. p. 158. PRACTICAL The Convictions will be in the General Forms, No. 41 (I. 3), ante, p. 39, where imprisonment with or without whipping adjudged; and No. OBSERVATIONS. 40 (I. 2), ante, p. 39, where penalty and sum for value or damage adjudged, and imprisonment in default of payment. The necessary variations in Conviction No. 41 will be ; Where Whipping adjudged.]-Insert after the term of imprisonment, Where for a Second Offence.]—Insert the averment of the previous The necessary variations in Conviction No. 40 will be : Where for a second Offence.]—Insert the averment of the previous Where Sum udjudged for Value or Damage, in addition to the Penalty.] of ——, over and above the amount of the injury so done [or The General Forms for enforcing the convictions will be:- Where Penalty, or Damage, or Value adjudged.]—The Form of com- LIGHTING AND WATCHING ACT. 1. Damaging Lamps, &c. (3 & 4 Will. 4, c. 90, s. 55.)]-did wilfully break [or throw down, spoil or damage] a certain watchhouse [or watchbox, lamp, lamp iron, lamp post, pale, rail, chain, or as the case may be,] then and there being erected, put up and fixed by the inspectors duly appointed and acting under and by virtue of an act passed in a session of parliament held in the third and fourth years of the reign of his late L Oke's Synop. 2nd edit. p. 158. Offence 1. |