loniously did cut, break, and damage (or "root up and damage," according to the fact) one oak tree, one elm tree, one beech tree, and one ash tree, the property of the said C. D. in the said park, then and there growing, with intent the same then and there feloniously to steal, take, and carry away, thereby then and there feloniously doing unto the said C. D. injury, the amount whereof then and there exceeded the sum of one pound, that is to say, injury to the amount and value of two pounds, against the form of the statute, &c. and against the peace, &c. Indictment on same section, for stealing trees, &c. growing elsewhere Indictment for than in a park, &c. exceeding in value five pounds. stealing, trees, &c. not in a That A. B. late of &c. on, &c. with force and arms, at, &c. in a park, &c. but certain close of C. D. there situate, not being a park, pleasure above the value ground, garden, orchard, or avenue, and not being ground adjoining of 51. or belonging to any dwelling-house, feloniously did steal, take, and carry away ten oak trees, ten elm trees, ten beech trees, and ten ash trees, of value exceeding five pounds, that is to say, of the value of ten pounds, the property of C. D. then and there growing and being in the said close, against the form of the statute, &c. and against the peace, &c. Indictment for cutting or damaging trees, &c. growing elsewhere than Iudictment for in a park, &c. with intent to steal, the injury exceeding five pounds. cutting, &c. trees not in a 51. That A.B. late of &c. on, &c. with force and arms, at, &c. in a certain park, &c. but close of C. D. there situate, not being a park, pleasure ground, garden, where the orchard, or avenue, and not being ground adjoining or belonging to damage exceeds any dwelling house, feloniously did cut, break, and damage (or "root up and damage”) ten oak trees, ten beech trees, ten elm trees, and ten ash trees, the property of the said C. D. in the same close, then and there growing and being, with intent then and there feloniously to steal, take, and carry away the same, thereby then and there feloniously doing to the said C. D. injury to an amount exceeding five pounds, to wit, to the amount of ten pounds, against the form of the statute, &c. and against the peace, &c. Indictment on section 39 for stealing trees, shrubs, or saplings, above Indictment for the value of one shilling, in any place, after two convictions for the stealing trees, like offence. (p) &c. above the value of 1s. after That A. B. on, &c. (the date of the first conviction) at, &c. was two convictions duly convicted before E. F. one of his Majesty's Justices of the for the same Peace for the county of for that he, on, &c. (here carefully recite offence. the first conviction and adjudication). And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. having been so convicted as aforesaid, afterwards, on, &c. (the date of the second conviction) at, &c. was duly convicted before G. H. one of his Majesty's Justices of the Peace for the county of for that he (here recite the second conviction). And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. late of (p) The convictions under this act, having been returned to the sessions, may be proved by production of a copy certified by the proper officer, and are to be taken as unappealed against till the contrary be shown; s. 74. Indictment for stealing plants, &c. from gardens after a former conviction. Stealing, &c. closed ground, felony. The like in cer tain uninclosed ground, sum marily punish able. &c. being so twice convicted as aforesaid, after the said two convictions, on, &c. with force and arms, &c. unlawfully and feloniously did steal, take, and carry away twelve oak saplings of greater value than one shilling, to wit, of the value of five shillings, the property of C. D then and there growing and being, against the form of the statute, &c. and against the peace, &c. Indictment on section 42 for stealing plants, fruits, or vegetables, growing in a garden, &c. after a summary conviction for a like offence. That A. B. on, &c. (the date of the previous conviction) at, &c. was duly convicted before E. F. one of his Majesty's Justices of the Peace for the county of for that the said A. B. on, &c. (here recite the conviction and adjudication correctly). And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. late of &c. having been so convicted as aforesaid, on &c. with force and arms, at, &c. unlawfully and feloniously did steal, take, and carry away one pine apple, of the value of five shillings, the property of C. D, in a certain hot-house of the said C. D. there situate, then and there growing and being, against the form of the statute, &c. and against the peace, &c. § 6. OFFENCES RELATING TO DEER PUNISHABLE AS LARCENY. The laws for protecting deer from depredation are consolidated in 7 and 8 Geo. 4. c. 29. s. 26, 27, 28, and 29. By section 26 it is enacted, "That if any person shall deer, in any in- 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 inclosed part of any forest, chase, purlieu, or in any inclosed land wherein deer shall be usually kept, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny; and if any person 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 part of any forest, chase, or purlieu, he shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty Deer stealing in pounds, as to the justice shall seem meet; and if any person who shall have been previously convicted of any offence relating to deer, for which a pecuniary penalty is by this relating to deer, act imposed, shall offend a second time, by committing any of the offences hereinbefore last enumerated, such second offence, whether it be of the same description as the first offence or not, shall be deemed felony, and such offender being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny." uninclosed ground after any other offence felony. Section 27, 28. The 27th section provides for the summary conviction fire arms, keepers of deer compliance, to and punishment of persons in whose possession deer, or snares, or engines for taking deer, may be found, and who may not satisfactorily account for such possession.Section 28 provides for the summary punishment of persons setting snares or engines for the destruction of deer, or wilfully destroying the fences of any land where they may be kept. Section 29 enacts, "That if any person shall Section 29, ementer into any forest, chase, or purlieu (whether inclosed or powering not), or into any inclosed land where deer shall be usually to demand kept, with intent unlawfully to hunt, course, wound, kill, weapons, &c. ensnare, or carry away, any deer, it shall be lawful for and, on nonevery person entrusted with the care of such deer, and seize them; and for any of his assistants (whether in his presence or not), making the to demand from every such offender any gun, snare, or engine, in his possession, and any dog there keeper, in such brought for hunting, coursing, or killing deer; and in case execution of his such offender shall not immediately deliver up the same, duty, by au of to seize and take the same from him in any of those respective places or (upon pursuit made) in any other place to which he may have escaped therefrom, for the use of the owner of the deer. And if any such offender shall unlawfully beat or wound any person entrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in case of simple larceny." beating and wounding of a fender, felony. Indictment under section 26 for coursing, killing, and carrying away Indictment for deer in inclosed places. That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain inclosed land there situate, in the occupation of C. D. wherein deer had been, and then were usually kept, unlawfully, wilfully, and feloniously did course, kill, and carry away (or “snare, kill, and carry away, "hunt, kill, and carry away," &c. according to the fact) one fallow deer, of the value of five pounds, the property of the said C. D. then and there kept, and being in the said inclosed land, against the form the statute, &c. and against the peace, &c. coursing, &c. deer in inclosed places. Indictment under same section for coursing and carrying away deer Indictment for in the uninclosed part of any forest, chase, or purlieu, after a previous coursing, &c. conviction for some offence relating to deer. deer in an unin、 closed place, That A. B. on, &c. (the date of the conviction) was duly convicted after a convicbefore E. F. one of his Majesty's Justices of the Peace for the county tion in a penalty. of — for that he the said A. B. on, &c (recite the conviction and adjudication.) And the jurors aforesaid, upon their oath aforesaid, do further present that the said A. B. late of, &c. being so convicted as aforesaid, after the said conviction, on, &c. with force and arms, at, Indictment for assaulting keepers in the execution of their duty. Second count. there &c. in a certain uninclosed part of a certain forest called Indictment under section 29 against a party having unlawfully entered a place where deer are kept, for beating or wounding keepers or their assistants in the execution of their duty. That A. B. late of, &c. on, &c. with force and arms, at, &c. into a certain forest called there situate, wherein deer of and belonging to one C. D. the owner of the same had been, and then were usually kept, did unlawfully enter with intent then and there unlawfully to hunt the said deer, and that one E. F. then and there being a person entrusted with the care of the deer of and belonging to the said C. D. and then being in the said forest, then and there after the said A. B. had so entered into the said forest as aforesaid, and whiist he, the said A. B. was and remained in the said forest which he had so entered for the purpose aforesaid, did lawfully and duly demand from the said A. B. a certain gun (or "snare, engine," &c. according to the fact) then and there being in the possession of the said A. B. (or "a certain dog then and there brought by the said A. B. for the purpose of hunting, coursing, and killing the said deer") and that the said A. B. then and there failed to deliver up the said gun (or engine, &c.), and altogether refused so to do; and that upon the said A. B. then and there so failing and refusing to deliver up the said gun, he, the said E. F. did then and there lawfully attempt to seize and take the same from the said A. B. for the use of the said C. D. the said owner of the said deer, as it was then and there the duty of the said C. D. to do, and as he lawfully might do for the cause aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. thereupon, then and there, with force and arms, in and upon the said E. F. then being a person entrusted with the care of the said deer within the said forest as aforesaid, and then and there being in the due execution of his said duty as aforesaid, and of the powers given to him in that respect by the statute in such case made and provided, unlawfully, violently, and feloniously did make an assault, and him, the said E. F. so being in the execution of the said duty and powers as aforesaid, then and there unlawfully and feloniously did beat and wonnd, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present that the said A. B. on, &c. aforesaid, with force and arms at, &c. aforesaid, unlawfully and feloniously did make an assault in and upon the said E. F. then and there being a person entrusted with the care of the deer in a certain forest there situate, wherein deer had been, and then were usually kept, and then and there being in the due execution of certain powers given in that behalf by an act of parliament made and passed in the reign of his present Majesty for consolidating and amending the laws in England relative to larceny and other offences connected therewith, and the said A. B. then and there unlawfully and feloniously did beat and wound him the said E. F. so being in the due execution of the said powers as aforesaid, against the form of the statute, &c. and against the peace, &c. § 7. OF LARCENY BY TENANTS AND LODGERS. As lodgers and tenants of ready furnished houses have a special property in the goods let to them for hire, it seems that, at common law, they could not be indicted for larceny in stealing the goods so let to them; (q) and it has been decided, that if a man hires a furnished lodging with intent that his comrade should steal the furniture, the comrade removing it cannot be indicted at common law for stealing the goods of the original owner. (r) To remedy this defect in the law, the 3 W. and M. c. 10. s. 5. was passed; but difficulties arose on its construction, and it has now been repealed and superseded by 7 and 8 Geo. 4. c. 29. s. 45. which not only makes it larceny for a tenant or lodger to steal a chattel, but a fixture, of which, at common law, no larceny could be committed by any one. That section enacts, "That if any person shall steal Tenants and any chattel or fixture, let to be used by him or her, in or lodgers stealing with any house or lodging, whether the contract shall have from houses or been entered into by him or her, or by her husband, or by apartments let to any person on behalf of him or her, or her husband, every them, guilty of such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and in every such case of stealing any chattel it shall be lawful to prefer an indictment in the common form as for larceny; and in every such case of stealing any fixture, to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire.” any property larceny. The form of the indictment is sufficiently prescribed by Form of indictthe statute. Where a chattel is stolen, the indictment ment. will be as for larceny at common law, ante, §2; when a fixture is stolen, as ante, § 4. § 8. OF LARCENY BY CLERKS AND SERVANTS, ceny at common law. The question, whether a servant is guilty of larceny, in When a servant appropriating the goods of his master when they are law- is guilty of larfully in his own actual custody, depends on the nature of the custody, and the degree of trust reposed in him. Where he has the mere charge or custody of them, it is clear that the legal possession remains in the master, and (9) The King v. Meeres, Show. 50. The King v. Belstead, Russ. and Ry. 411. |