Park Fences. See post, § 66 & 67.

XXVIII. And be it enacted, That if any Person shall unlaw- Setting Engines fully and wilfully set or use any Snare or Engine whatsoever, for for taking Deer, the Purpose of taking or killing Deer, in any Part of any Forest, or pulling down Chase, or Purlieu, whether such Part be inclosed or not, or in any Fence or Bank dividing the same from any Land adjoining, or in any inclosed Land where Deer shall be usually kept, or shall unlawfully and wilfully destroy any Part of the Fence of any Land where any Deer shall be then kept, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay such Sum of Money, not exceeding Twenty Pounds, as to the Justice shall seem meet.

Deer Keepers, &c. may seize the Guns, &c. who, on Demand, do not deliver up the

of Offenders

same.

Resistance to Keepers, &c. in the Execution

of their Duty.

XXIX. And be it enacted, That if any Person shall enter into any Forest, Chase, or Purlieu, whether inclosed or not, or into any inclosed Land where Deer shall be usually kept, with Intent unlawfully to hunt, course, wound, kill, snare, or carry away any Deer, it shall be lawful for every Person intrusted with the Care of such Deer, and for any of his Assistants, whether in his Presence or not, to demand from every such Offender any Gun, Fire Arms, Snare, or Engine in his Possession, and any Dog there brought for hunting, coursing, or killing Deer, and in case such Offender shall not immediately deliver up the same, 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 intrusted 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 the Case of Simple Larceny. XXX. And be it enacted, That if any Person shall unlawfully and wilfully in the Night-time take or kill any Hare or Cony 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 Cony in any such Warren or Ground, or shall at any Time set or use therein any Snare or Engine for the taking of Hares or & 67. 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 Proviso. 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 such Bank.

Killing, &c. Hares or Conies in a Warren in the Night-time.

The like in the
Day-time.

See post, § 66

Stealing Dogs, or stealing ordinarily kept

Beasts or Birds

in Confine

XXXI. And be it enacted, That if any Person shall steal any Dog, or shall steal any Beast or Bird ordinarily kept in a State of Confinement, not being the Subject of Larceny at Common Law, every such Offender, being convicted thereof before a Justice of the Peace, shall for the First Offence forfeit and pay, over and above the Value of the Dog, Beast, or Bird, such Sum of Money, the Subjects of not exceeding Twenty Pounds, as to the Justice shall seem meet; Larceny. and if any Person so convicted shall afterwards be guilty of any. See post, § 66 of the said Offences, and shall be convicted thereof in like Man- & 67.

ner,

ment, and not

Persons found

ner, 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.

XXXII. And be it enacted, That if any Dog or any such Beast, in Possession of or the Skin thereof, or any such Bird, or any of the Plumage stolen Dogs, thereof, shall be found in the Possession or on the Premises of &c. liable to any Person by virtue of a Search Warrant, to be granted as hereinPenalties. after mentioned, the Justice by whom such Warrant was granted See post, § 63. may restore the same respectively to the Owner thereof; and the Person in whose Possession or on whose Premises the same shall be so found (such Person knowing that the Dog, Beast, or Bird has been stolen, or that the Skin is the Skin of a stolen Dog or Beast, or that the Plumage is the Plumage of a stolen Bird), shall, on Conviction before a Justice of the Peace, be liable for the First Offence to such Forfeiture, and for every subsequent Offence to such Punishment, as Persons convicted of stealing any Dog, Beast, or Bird, are hereinbefore made liable to.

Killing Pigeons.

See post, § 66 & 67.

Taking Fish in any Water

situate in Land

belonging to a Dwelling House;

in any private Fishery elsewhere.

See post, § 66 & 67.

Provision respecting Anglers.

See post, § 66 & 67.

XXXIII. And be it enacted, That if any Person shall unlawfully and wilfully kill, wound, or take any House Dove or Pigeon, under such Circumstances as shall not amount to Larceny at Common Law, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay, over and above the Value of the Bird, any Sum not exceeding Two Pounds.

XXXIV. And be it enacted, That if any Person shall unlawfully and wilfully take or destroy any Fish in any Water which shall run through or be 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, 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 take or destroy, or attempt to take or destroy, any Fish in any Water not being such as aforesaid, but which shall be private Property, or in which there shall be any private Right of Fishery, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay, over and above the Value of the Fish taken or destroyed (if any), such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet: Provided always, that nothing hereinbefore contained shall extend to any Person angling in the Day-time; but if any Person shall by angling in the Day-time unlawfully and wilfully take or destroy, or attempt to take or destroy, any Fish in any such Water as first mentioned, he shall, on Conviction before a Justice of the Peace, forfeit and pay any Sum not exceeding Five Pounds; and if in any such Water as last mentioned, he shall, on the like Conviction, forfeit and pay any Sum not exceeding Two Pounds, as to the Justice shall seem meet; and if the boundary of any Parish, Township, or Vill shall happen to be in or by the Side of any such Water as is hereinbefore mentioned, it shall be sufficient to prove that the Offence was committed either in the Parish, Town

ship, or Vill named in the Indictment or Information, or in any Parish, Township, or Vill adjoining thereto.

XXXV. And be it enacted, That if any Person shall at any Time The Tackle of be found fishing against the Provisions of this Act, it shall be lawful Fishers may be for the Owner of the Ground, Water, or Fishery where such Of seized. fender shall be so found, his Servants, or any Person authorized by him, to demand from such Offender any Rods, Lines, Hooks, Nets, or other Implements for taking or destroying Fish, which shall then be in his Possession, and in case such Offender shall not immediately deliver up the same, to seize and take the same from him for the Use of such Owner: Provided always, that any Person angling in the Daytime against the Provisions of this Act, from whom any Implements used by Anglers shall be taken, or by whom the same shall be delivered up as aforesaid, shall by the taking or delivering thereof be exempted from the Payment of any Damages or Penalty for such Angling.

Angler, on Seizure of his Tackle, exempt from Penalty.

Beds.

the Limits of

any Oyster

Fishery.

XXXVI. And be it enacted, That if any Person shall steal any Stealing Oysters Oysters or Oyster Brood from any Oyster Bed, Laying, or Fishery, or Oyster Brood being the Property of any other Person, and sufficiently marked from Oyster out or known as such, every such Offender shall be deemed guilty of Larceny, and, being convicted thereof, shall be punished accordingly; and if any Person shall unlawfully and wilfully use Dredging for any Dredge, or any Net, Instrument, or Engine whatsoever, within Oysters within the Limits of any such Oyster Fishery, for the Purpose of taking Oysters or Oyster Brood, although none shall be actually taken, or shall, with any Net, Instrument, or Engine, drag upon the Ground or Soil of any such Fishery, every such Person shall be deemed guilty of a Misdemeanor, and, being convicted thereof, shall be punished by Fine or Imprisonment, or both, as the Court shall award; such Fine not to exceed Twenty Pounds, and such Imprisonment not to exceed Three Calendar Months; and it shall be sufficient in any Indictment or Information to describe, either by Name or otherwise, the Bed, Laying, or Fishery in which any of the said Offences shall have been committed, without stating the same to be in any particular Parish, Township, or Vill: Pro- Proviso. vided always, that nothing herein contained shall prevent any Person from catching or fishing for any floating Fish within the Limits of any Oyster Fishery with any Net, Instrument, or Engine adapted for taking floating Fish only.

XXXVII. And be it enacted, That if any Person shall steal, or Stealing from sever with Intent to steal, the Ore of any Metal, or any Lapis certain Mines. Calaminaris, Manganese or Mundick, or any Wad, Black Cawke, or Black Lead, or any Coal or Cannel Coal, from any Mine, Bed, or Vein thereof respectively, 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. XXXVIII. And be it enacted, That if any Person shall steal, or Stealing Trees, shall cut, break, root up, or otherwise destroy or damage with Intent to steal, the Whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, repectively growing in any Park, Pleasure Ground, Garden, Orchard, or Avenue, or in any Ground adjoining or belonging to any Dwelling House, every such Of fender (in case the Value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of One Pound) 7 & 8 GEO. IV.

N

shall

Shrubs, &c. growing in certain Situa

tions, shall be Felony, if the Value exceeds

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 steal, or shall cut, break, root up, or otherwise destroy or damage with Intent to steal, the Whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, respectively growing elsewhere than in any of the Situations hereinbefore mentioned, every such Offender (in case the Value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of Five Pounds) 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 Lar

ceny.

XXXIX. And be it enacted, That if any Person shall steal, or shall cut, break, root up, or otherwise destroy, or damage with Intent to steal, the Whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, wheresoever the same may be respectively growing, the stealing of such Article or Articles, or the Injury done, being to the Amount of a Shilling at the least, 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 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 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.

XL. And be it 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 Öffender, 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,

Suspected Per

sons in possession of Wood,

torily account

&c. not satisfac

duction in a

punishable on summary Conviction for First Offence;

Male, to be once or twice publicly or privately whipped, after the Expiration of Four Days from the Time of such Conviction. XLI. And be it 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 ing for it. mentioned, be found in the Possession of any Person, or on the See post, § 63. Premises of any Person, with his Knowledge, and such Person, See post, § 66 being carried before a Justice of the Peace, shall not satisfy the & 67. 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. XLII. And be it enacted, That if any Person shall steal, or Stealing, &c. shall destroy or damage with Intent to steal, any Plant, Root, any Fruit or Fruit, or Vegetable Production, growing in any Garden, Orchard, Vegetable ProNursery Ground, Hothouse, Greenhouse, or Conservatory, every Garden, &c. such Offender, being convicted thereof before a Justice of the Peace, shall, at the Discretion of the Justice, either be conmitted 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 Second Offence, any of the said Offences, such Offender shall be deemed guilty Felony. of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny., XLIII. And be it 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 Course of any Manufacture, and growing in any Land, open or inclosed, 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 See post, § 66 Injury done, such Sum of Money, not exceeding Twenty Shil- & 67. lings, 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

N 2

once

See post, § 66

& 67.

Stealing, &c. Vegetable Productions not

growing in

Gardens, &c.