Indictment for engrossing. Offences under Former provi 3. c. 9. large quantity, to wit, ninety quarters, of oats, of the growth and produce of this kingdom of Great Britain, at and for the price or sum of forty-one shillings for each and every of the said ninety quarters of oats; and afterwards, to wit, on the same, &c. he the said A. B. at &c. in the same market, there called the Corn Exchange, unlawfully did regrate a large quantity, to wit, thirty quarters of the said oats, and sell the said thirty quarters of the said oats again to L. M. at and for the price or sum of forty-three shillings for each and every of the said thirty quarters of the said oats, against the peace, &c. That A. B. late of &c. on &c. at &c. unlawfully did engross and get into his hands by buying of and from divers persons to the jurors aforesaid as yet unknown, a large quantity, to wit, four thousand quarters of wheat, with intent to sell the same again at a great and unreasonable profit, and to enhance and raise the price of wheat, against the peace, &c. 1. Offences under 9 Geo. 4. c. 69.-Offences against the 9 Geo. 4. c. 69. game laws are, for the most part, punishable by summary conviction; but the being found armed at night, with intent to kill game, was made punishable as a misdemeanor, by 57 Geo. 3. c. 9. which reciting, "That idle and sions of 57 Geo. disorderly persons frequently go armed in the night time, for the purpose of protecting themselves, and aiding and assisting each other in the illegal destruction of game and rabbits, and that such practices are found by experience to lead to the commission of felonies and murders;" enacted, "That if any person or persons, having entered into any forest, chase, park, wood, plantation, close, or other open or inclosed ground, with the intent illegally to destroy, take, or kill game or rabbits, or with the intent to aid, abet, or assist any person or persons illegally to destroy, take, or kill game or rabbits, shall be found at night, that is to say, between the hours of six in the evening and seven in the morning, from the first day of October to the first day of February; between seven in the evening and five in the morning, from the first day of February to the first day of April; and between nine in the evening and four in the morning, for the remainder of the year, armed with any gun, cross bow, fire arms, bludgeon, or any other offensive weapon, every such person so offending, being thereof lawfully convicted, shall be adjudged guilty of a misdemeanor, and shall be sentenced to transportation for seven years, or shall receive such other punishment as may by law be inflicted on persons guilty of misdemeanor, and as the court before which such offenders may be tried and convicted shall adjudge; and if any such offender or offenders shall return into Great Britain before the expiration of the term for which he or they shall be so transported, contrary to the intent and meaning hereof, he or they so returning, and being thereof duly convicted, shall be adjudged guilty of felony, and shall be sentenced for transportation for the term or terms of his or their natural life or lives." This statute, which had been the subject of frequent Provisions of animadversion, has been very recently repealed, and other 9 Geo. 4. c. 69. and more complicated, but in some respects less severe provsions, substituted in its room. The 9 Geo. 4. c. 79. enacts, that "if any person shall, after the passing of this act [i. e. 19 July 1828j, by night, unlawfully take or destroy any game or rabbits in any land, whether open or inclosed; or shall, by night, unlawfully enter or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game; such offender shall, upon conviction thereof before two justices of the peace, be committed, for the first offence, to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour; and, at the expiration of such period, shall find sureties by recognizance, or, in Scotland, by bond of caution, himself in ten pounds and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and, in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and, in case such person shall so offend a second time, and Second offence. shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six calendar months; and, at the expiration of such period, shall find sureties by recognizance or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and, in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of one year, unless such sureties are sooner found; and, in case Third offence a such person shall so offend a third time, he shall be guilty misdemeanor. Section 2. as to power of appre hending of fenders, and punishment for resistance as a misdemeanor. of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and, in Scotland, if any person shall so offend a first, second, or third time, he shall be liable to be punished in like manner, as is hereby provided in each case." By section 2, it is enacted, "That where any person shall be found upon any land, committing any offence as before mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right or reputed right of free warren or free chase therein, or for the lord of the manor or reputed manor wherein such land shall be situate, and also for any game-keeper or servant of any of the persons herein mentioned, or any person assisting him, to seize and apprehend such offender upon such land, or, in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him as soon as may be into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and, in case such offender shall assault or offer any violence with any gun, cross-bow, fire-arms, bludgeon, stick, club, or other offensive weapons whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour, for any term not exceeding two years." In order to facilitate the proof of an indictment for the third offence under the first section of this act, all convictions for a first and second offence are directed to be returned to the sessions; and the record, or any copy of the record, is evidence on the trial for the third offence. (m) As to the extent of the terms, "night" and "game," in this act, the statute itself supplies an interpretation; its night is "considered and declared to commence at the expiration of the first hour after sun set, and to conclude at the beginning of the last hour before sun rise;" (n) and by game, it intends "hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards." (0) (m) s. 8. (n) s. 12. (0) 8. 13. ther armed to These provisions of the first and second sections apply Provision of s. 9. to the case in which an offender goes alone, or in which where three or two only go together, on an expedition for the destruction more go togeof game: the ninth section applies to cases where a party take game. of three or more are together and armed for the same purpose; and it will be seen that for this offence, the punishment may be severer than under the repealed statute, but this offence cannot be prosecuted at the sessions. It enacts, "That if any persons, to the number of three or more together, shall, by night, unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, cross bow, fire arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years." The constructions put on the former act do not arise on the present, as its language seems purposely adapted to meet the difficulties raised; and, therefore, it is unnecessary to repeat them. All prosecutions by indictment under this act are limited to twelve months after the commission of the offence. (p) Indictments under this statute. That A. B. on &c. at &c. was duly convicted before L. M. and For a third N. O. esquires, two of his Majesty's justices of the peace for the offence on s. 1. county of for that he the said A. B. on &c. (here set out after two previthe first conviction at length.) And the jurors, &c. that the said ous convictions. A. B. being so convicted as aforesaid, afterwards, on &c. at &c. was duly convicted before P. Q. and R. S. esquires, two of his Majesty's justices of the peace for the county of for that he the said A. B. on &c. (here set out the second conviction in like manner). And the jurors, &c. that the said A. B. late of &c. having been so twice convicted as aforesaid, and the said convictions being and remaining in full force, after the said convictions, in the night of the day of in the year of the reign, &c. was unlawfully by night, after the expiration of the first hour after sunset and before the beginning of the last hour before sunrise, that is to say, about the hour of eleven at night of the day aforesaid, in a (p) s. 4. Indictment on assistant. c. 29. s. 30. certain inclosed land in the occupation of G. H. situate in the parish of in the county of with a net for the purpose of taking and destroying game, that is to say, pheasants, contrary to the form of the statute, &c. and against the peace, &c, in That A. B. late of &c. in the night of the day of the year of the reign, &c. by night, after the expiration of the first hour after sunset, and before the beginning of the first hour before sunrise, that is to say, about the hour of eleven of the night of the day aforesaid, was unlawfully in a certain inclosed land in the occupation of G. H. situate, &c. with a gun for the purpose of destroying game, that is to say, pheasants, contrary to the form of the statute in such case made and provided; and thereupon, while the said A. B. so was then and there unlawfully by night in the said inclosed land for the purpose aforesaid, with the said gun as aforesaid, one C. D. then being a game-keeper of the said G. H. who then was the occupier of the said inclosed land as aforesaid, and one E. F. assisting him in that behalf, did then and there seize and endeavour to apprehend the said A. B. in order to deliver him as soon as might be into the custody of a peace officer, in order to his being conveyed before two justices of the peace for the cause aforesaid; and thereupon the said A. B. did then and there, with force and arms, and with the said gun, assault and offer violence to the said C. D. so being such gamekeeper as aforesaid, and the said E. F. so assisting him as aforesaid, and them the said C. D. and E. F. did then and there beat and ill-treat, they the said C. D. and E. F. being then and there authorized by the statute in such case made and provided to seize and apprehend him the said A. B. in that behalf, and then and there doing their duty in that behalf as aforesaid, contrary to the form &c. and against the peace, &c. 2.-Offence under 7 and 8 Geo. 4. c. 29. s. 30; of killing hares and conies, in the night time, in grounds lawfully used 7 and 8 Geo. 4. for the breeding them.-By 7 and 8 Geo. 4. c. 29. s. 30. it is enacted, "That if any person shall unlawfully and wilfully, in the night time, take or kill any hare or coney, in any warren or ground lawfully used for the breeding or keeping of hares or conies, whether the same be inclosed or not, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully, in the day time, take or kill any hare or coney, in any such warren or ground, or shall at any time set or use any snare or engine for the taking of hares or conies, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet; provided always that nothing herein contained shall affect any person taking or killing, in the day time, any conies on any sea bank or river bank in the county of Lincoln, so far as the tide shall extend, or within one furlong of |