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being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy, any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interro gatory, deposition, affidavit, order, or decree, or any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, depending; or terminated in any such court, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence is committed, is the property of any person, or that the same is of
value. XXII. And be it enacted, That if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary, instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the court may award, as herein-before last mentioned;
The stealing, &c. of wills.
and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of
value. XXIIJ. And be it enacted, That if any per- The stealing of writson shall steal any paper or parchment, written ings relating to real or printed, or partly written and partly printed, being evidence of the title or of any part of the title to any real estate, every such offender shall be deemed guilty of a misdemeanor, Misdemeanor. and, being convicted thereof, shall be liable to any of the punishments which the Court Punishment. may award, as herein-before last mentioned ; and in any indictment for such offence, it Indictment for such shall be sufficient to allege the thing stolen offence. to be evidence of the title, or of part of the title; of the person or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof; and it shall not be necessary to allege the thing stolen to be of any value.
XXIV. Provided always, and be it enacted, These provisions as to That nothing in this Act contained relating to wills and writings either of the misdemeanors aforesaid, nor any remedy which the proceeding, conviction, or judgment to be aggrieved now has. had or taken thereupon, shall prevent, lessen, or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had if this Act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no person shall be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, in respect
of any act done by him, if he shall at any time previously to his being indicted for such of fence have disclosed such Act, on oath, in consequence of any compulsory process of any court of law or equity in any action, $uit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any exami. nation or deposition before any commissioners
of bankrupt. Stealing horses, cows,
XXV. And be it enacted, That if any perand sheep, &c. son shall steal any horse, mare, gelding, colt
or filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb, or shall wilfully kill any of such cattle, with intent to steal the cárcase or skin or any part of the cattle, so
killed, every such offender shall be guilty of Felony.
felony, and, being convicted thereof, shall suffer death as a felon.
XXVI. And be it enacted, That if any person Stealing, &c. deer in any inclosed ground, shall unlawfully and wilfully course, hunt, felony.
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, chace, or 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 The like in certain same manner as in the case of simple larceny: uninclosed ground
and if any person shall unlawfully and wil. punishable sum. marily.
fully 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, chace, or purlieu, he shall for
every such offence, on conviction thereof beSee post, s. 66 & 67. fore a justice of the peace, forfeit and
sum, not exceeding fifty pounds, as to the jus
tice shall seem meet; and if any person who shall have been previously convicted of any offence relating to deer for which a pecuniary Deer-stealing in un penalty is by this Act imposed, shall offend a any other offence as second time, by committing any of the offences to deer, felony. herein-before 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.
XXVII. And be it enacted, That if any suspected persons, deer, or the head, skin, or other part thereof, found in possession of
venison, &c. and not or any snare or engine for the taking of deer,
satisfactorily accountshall by virtue of a search warrant, to be ing for it. * granted as herein-after mentioned, be found in the possession of any person or on the prea mises 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 such deer, or the head, skin, or other part thereof, or had a lawful occasion for such snare or engine, and did not keep the same for
purpose, shall, on conviction by the justice, forfeit and pay any sum not exceeding twenty pounds; and
shall not under the provisions aforesaid be liable to conviction, then, be convicted, how the for the discovery of the party who actually justice may proceed. killed or stole such deer, it shall be lawful for the justice, at his discretion, as the evidence given and the circumstances of the case shall require, to summon before him every person through whose hands such deer, * See s. 63, post, p. 104, as to the apprehension of offenders with
And as to justice granting search warrant. s. 66, 7, post, p. 105, 7, as to application of forfeitures and penalties on summary convictions, and power of justice to imprison in case. of non-payment.
out a warrant.
or the head, skin, or other part thereof, shall appear to have passed; and if the person from whom the same shall have been first received, or who shall have had possession thereof, shall not satisfy the justice that he came lawfully by the same, he shall, on conviction by the justice, be liable to the payment of such sum
of money as is herein-before last mentioned.. Setting engines for XXVIII. And be it enacted, That if any taking deer, or pulling person shall unlawfully and wilfully set or use
any snare or engine whatsoever, for the purpose of taking or killing deer, in any part of any forest, chace, 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.
XXIX. And be it enacted, That if any may seize the guns, person shall enter into any forest, chace, or &c. of offenders who, on demand, do purlieu, whether inclosed or not, or into any not deliver up the 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 entrusted with the care of such deer, and for any of his 'asa sistants, 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,
* See s. 66, 7, post, p. 106,7. As to application of forfeitures and penalties on ensuing convictions, and consequences of non-payment.