the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall, for such second offence, be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny."

Stealing, or cutting with intent to steal, Fences, &c., punishable summarily, but not, in any case, indictable.]—By section 40, it is enacted, "That if any person shall steal, or shall cut, break, or throw down with intent to steal, any part of any live or dead fence, or any wooden post, pale, or rail, set up or used as a fence, or any stile or gate, or any part thereof, respectively, every such offender, being convicted before a justice of the peace, shall, for the first offence, forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet: and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction."

Summary Punishment for having Trees, &c. in Possession, and not accounting for same.]-By 7 & 8 G. IV. c. 29, s. 41, it is enacted, "That if the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile or gate, or any part thereof, being of the value of two shillings at the least, shall, by virtue of a search warrant, to be granted as

hereinafter mentioned (d), be found in possession of any person, or on the premises of any person, with his knowledge, and such person being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, he shall on conviction by the justice forfeit and pay over and above the value of the article or articles so found, any sum not exceeding two pounds."

Stealing Fruit, Vegetables, &c., from Gardens, &c., punishable summarily for first Offence; second Offence Felony.]-By section 42 it is enacted, "That if any person shall steal or shall destroy, or damage with intent to steal, any plant, root, fruit, or vegetable production (e), growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender being convicted thereof before a justice of the peace, shall, 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 calendar months, or else shall forfeit and pay over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny."

Stealing or destroying cultivated Roots or Plants, not in Gardens, &c., punishable in a summary way.]-By section 43 it is enacted, "That if any person shall steal or shall destroy, or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the cause of manufacture, and growing in any land, open or enclosed, not being a garden, orchard, or nursery ground, every such offender being convicted before a justice of the peace, shall 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 one calendar month, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not ex

(d) Sect. 63.

(e) Does not include young fruit trees, R. v. Hodges, M. & M. 341.

ceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, together with the costs (if ordered), shall be committed as aforesaid, for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour, for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction."

Transmitting Conviction to Sessions-Proof of prior Conviction.]By 7 & 8 G. IV. c. 29, s. 74, every justice of the peace before whom any person shall be convicted of any offence against this act, shall transmit the conviction to the next court of general or quarter sessions, which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown.

Indictment under 7 & 8 G. IV. c. 29, s. 38, for stealing Trees exceeding the Value of One Pound, from a Park, Pleasure Ground, Garden, Orchard, Avenue, or Ground adjoining or belonging to a Dwelling-house.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain park [or other place above mentioned, describing it truly, according to the words of the clause] of C. D. there situate, feloniously did steal, take, or carry away, one oak tree, one elm tree, one beech tree, and one ash tree, of greater valuer than one pound, to wit, of the value of three pounds, the property of (ƒ) the said C. D. in the said park then and there growing, against the form of the statute, &c. and against the peace, &c.

Indictment under the same Section for cutting and damaging, &c.
Trees in the same Places, the Damage exceeding One Pound.
That A. B. late of, &c. on &c. with force and arms, at, &c. in a certain park

(f) Quære as to inserting these words, see Hickman's case, ante, p. 271.

[or other such place, as above] of C. D. there situate, feloniously 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 [no value should be inserted here in this indictment], the property of (f) 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 7 & 8 G. IV. c. 29, s. 38, for stealing Trees, &c. growing elsewhere than in a Park, &c., exceeding in Value Five Pounds.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain close of C. D. there situate, not being a park, pleasure ground, garden, orchard, or avenue, and not being ground adjoining 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. (ƒ) then and there growing and being in the said close of the said C. D. against the form of the statute, &c. and against the peace, &c.

Indictment on same Section for cutting or damaging Trees, &c. growing elsewhere than in a Park, &c. with intent to steal, the Injury exceeding Five Pounds.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in a certain close of C. D. there situate, not being a park, pleasure ground, garden, orchard, or avenue, and not being ground adjoining or belonging to 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. [state no value here] in the same close of the said C. D. 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 7 & 8 G. IV. c. 29, s. 39, for stealing Trees, Shrubs, or Saplings, above the Value of One Shilling, in any Place, after two Convictions for the like Offence (g).

That A. B. late of, &c. labourer, on, &c. [the date of the first conviction] at, &c.

(f) See note (f) preceding page. (g) 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; 7 & 8 G. IV. c.

29, s. 74 (p. 277). But the identity must be shown, for 7 & 8 G. IV. c. 28, s. 11, does not apply. A mistake in the conviction recited may be taken advantage of by the prisoner, R. v. Allen, R. & Ry. 513. Post, Sect. 7, Offences relating to Deer.

was duly convicted before E. F. one of her majesty's justices of the peace for the county of for that he, on, &c. [here carefully recite 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 her 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, &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 7 & 8 G. IV. c. 29, s. 42, for stealing Plants, Fruits, Vegetables growing in a Garden, &c. after a summary Conviction for a like Offence.

That A. B. late of the parish of — in the county of labourer, on, &c. [the date of the previous conviction] at, &c. was duly convicted before E. F. one of her 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]. [If A. B. has been twice convicted of like offences, here state "and the jurors aforesaid, on their oath aforesaid, do further present that, &c." (reciting the second 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 pineapple, of the value of five shillings, the property of C. D. in a certain hothouse 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.

Punishment.]-The punishment is the same as for simple larceny, ante, p. 257.

SECTION VII.

FELONIES RELATING TO DEER PUNISHABLE AS LARCENY.

THE laws for protecting deer from felonious depredation are consolidated in 7 & 8 G. IV. c. 29, s. 26, 27, 28, [s. 29, relating to assaults on deerkeepers].

Stealing, &c., Deer, in any inclosed Ground, Felony.]-By section 26, it is enacted, "That if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill