coursing, or killing deer, and in case such of their duty. of the deer; and if any such offender shall Resistance to keepers, unlawfully beat or wound any person entrusted &c. in the execution 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, Punishment. shall be liable to be punished in the same manner as in the case of simple larceny. conies in a warren in XXX. And be it enacted, That if any per- Killing, &c. hares or son shall unlawfully and wilfully in the night- the night-time, 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 accord ingly; and if any person shall unlawfully and The like in the daywilfully in the day-time take or kill any hare time. or coney 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 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 Proviso. always, That nothing herein contained shall affect any person taking or killing in the daytime 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. ⚫ See s. 66, 7. post, p. 106, 7, Stealing dogs, or stealing beasts or in confinement, and XXXI. And be it enacted, That if any per birds ordinarily kept son 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, not exceed ing twenty 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 pri vately whipped, after the expiration of four days from the time of such conviction. Punishment. Persons found in pos &c. liable to pe nalties.t 8 XXXII. And be it enacted, That if any dog session of stolen dogs, or any such beast, or the skin thereof, or any such bird, or any of the plumage thereof, shall be found in the possession or on the premises of any person by virtue of a search warrant, to be granted as herein-after mentioned, the justice by whom such warrant was granted 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 *See note, ante, p. 81. † See note, ante, p. 81. the plumage is the plumage of a stolen bird) 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. XXXIII. And be it enacted, That if any Killing pigeons. -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 ex eeeding two pounds. XXXIV. And be it enacted, That if any Taking fish in any person shall unlawfully and wilfully take or water situated in land belonging to a dwelldestroy any fish in any water which shall run ing house; through or be in any land adjoining or be longing 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 in any private fishery 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, elsewhere. shall forfeit and pay, over and above the value See post, s. 66 & 67. of the fish taken or destroyed (if any), such sum of money, not exceeding five pounds, as to the justice shall seem meet: Provided al Provision respecting See note, ante, p. 81. Anglers. ways, that nothing herein-before 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 on destroy, or attempt to take or destroy, any fish in any such water as first mentioned, he shall, 尊 See post, s. 66 & 67. on conviction before a justice of the peace, forfeit and pay any sum not exceeding five pounds; and if in any such water as lastmentioned, 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 herein-before mentioned, it shall be sufficient to prove that the offence was committed either in the parish, township, or vill named in the indictment or informa tion, or in any parish, township, or vill adjoin ing thereto. The tackle of fishers may be seized. XXXV. And be it enacted, That if any person shall at any time be found fishing against the provisions of this Act, it shall be lawful for the owner of the ground, water, or fishery where such offender 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 pos session, 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 Angler, on seizure of owner: Provided always, That any person his tackle, exempt from penalty. angling in the day-time 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 ex 2 empted from the payment of any damages or penalty for such angling. oyster beds. DHI XXXVI. And be it enacted, That if any Stealing oysters or person shall steal any oysters or oyster brood oyster brood from from any oyster bed, laying, or fishery, being the property of any other person, and suffi›ciently marked 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 any dredge, or any net, instru Dredging for oysters ment, or engine whatsoever, within the limits within the limits of of any such oyster fishery, for the purpose of any oyster fishery. 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 Punishment. 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: Provided always, That nothing herein Proviso. 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. mines. boXXXVII. And be it enacted, That if any Stealing from certain person shall steal, or sever with intent to steal, the ore of any metal, or any lapis calaminaris, 12 |