Keeper may apprehend persons, &c. Offenders committed, may be enlarged. Discovery, &c. How justices to proceed for conviction of offenders. no such security had been given, unless the penalty or charges "shall be sooner paid." 66 Sect. 16. By 16 Geo. 3. c. 30. s. 15. it is further enacted, "That it shall and may be lawful for any keeper or under-keeper "of any forest, chase, purlieu, ancient walk, paddock, park, or "other ground inclosed, where deer are, have been, or shall be "usually kept, and their servants or assistants, to seize and apprehend, upon the spot, any person or persons whom they shall "discover in the actual fact of hunting, coursing, killing, wound"ing, shooting at, taking, destroying, or carrying away, any red or "fallow deer from any such forest, chase, purlieu, or ancient walk, whether inclosed or not, or in any inclosed park, paddock, "wood, or in any other inclosed ground, or attempting so to do, or in setting or laying any net, wire, slip, noose, toyle, snare, or "other engine therein, for the taking, killing, or destroying of "deer therein, and to carry such offender or offenders before "some neighbouring justice of the peace having jurisdiction, to "be dealt with according to law." 66 Sect. 17. By 16 Geo. 3. c. 30. s. 16. it is further enacted, "That in case any offender for his first offence against this act "shall, for want of a sufficient distress, be committed to gaol, and shall, whilst in gaol, obtain the consent in writing of the prose"cutor, and also of the owner, ranger, forester, keeper, or other person chiefly entrusted with the care of the deer in the forest, "chase, purlieu, ancient walk, park, paddock, or place, wherein "the offence was committed, for his enlargement; that then, and "in every such case, it shall and may be lawful to and for the justices of the peace having jurisdiction, at their general or quarter-sessions, to cause such offender to be brought before "them, and thereupon by their order to direct the keeper of such gaol to set such offender at liberty; and the said keeper is hereby directed to obey such order accordingly; any thing "herein-before contained to the contrary notwithstanding." 66 Sect. 18. And by 16 Geo. 3. c. 30. s. 17. for the better discovery of offenders against this act, it is further enacted, "That any person who shall offend against this act, and shall make "discovery of any other person or persons who hath or have of"fended against the same, so as he, she, or they, be duly con"victed of such offence according to this act; then, and in such "case, such discoverer shall be discharged of all the forfeitures "and penalties of this act, by him, her, or them incurred previous "to such discovery." 66 Sect. 19. By 16 Geo. 3. c. 30. s. 18. "And, in order to prevent the quashing of convictions of offenders against this act for want of form," it is further enacted, "That the conviction and convictions of all and every offenders against this act shall "be certified by the justice or justices of the peace before whom "the same shall be made, to the next general quarter-sessions of "the peace, to be filed amongst the records of the said sessions; "which said conviction shall be good and effectual in law to all "intents and purposes, and shall not be quashed, set aside, or "adjudged void or insufficient, for want of any form or words "whatsoever." + Sect. 20. By 16 Geo. 3. c. 30. s. 19. it is further enacted, Certiorari al"That no certiorari shall be allowed to remove any conviction lowed, &c. "made, or other proceedings, of, for, or concerning any matter "or thing in this act, unless the party or parties convicted shall, 66 " as if no such certiorari had been awarded." 66 66 + Sect. 21. By 16 Geo. 3. c. 30. s. 20. it is further enacted, Confirmation That after the confirmation of any conviction or convictions of convictions. upon this act, by any of the superior courts at Westminster, and delivering the rule to the said justice or justices, whereby such conviction or convictions hath or have been so confirmed, it shall " and may be lawful for such justice or justices to proceed against the party or parties convicted, in the same manner as if a pro"cedendo had been granted." 66 + Sect. 22. By 16 Geo. 3. c. 30. s. 21. it is provided, "That Appeal. "if any person or persons shall think him, her, or themselves "aggrieved by the judgment or determination of any justice or "justices of the peace, upon conviction of or for any of the of"fences in this act, and shall not have sought his remedy by re“moving the matter by certiorari as aforesaid, such person or "persons may appeal from the judgment of the said justice or justices to the general or quarter-sessions of the peace, to be "held for the said county, division, or place, where such person or persons was or were convicted, next after the expiration of twenty days from the time of such conviction; but the person " or persons so appealing shall, and he, she, and they, are hereby "required and directed to give at least six days notice in writing "to the prosecutor or prosecutors of such person or persons as "shall so appeal, of such his, her, or their intention of bringing "and prosecuting such appeal, and of the matter thereof, and "shall enter into recognizance before some justice or justices of "the peace for the county, division, or place, wherein the con"viction or judgment was made or given, with two sufficient 66 "sureties, 66 "sureties, to be approved by the said justice or justices, on conviction, to appear and try such appeal at the general or quarter"session which shall be held in and for the county, division, or "place, wherein such conviction or judgment was made or given, "next and immediately after the expiration of ten days from the "time of such conviction, and to abide by the order or determi"nation of such Court, and for payment of such costs and charges as shall be awarded at the said Court, and every such appeal "and appeals shall, by the Court at the said general or quarter"sessions, to which such appeal or appeals is or are made, be "then examined, and the facts and circumstances of the case fully inquired into, and the matter then finally heard and deter"mined; and in case such judgment, determination, or convic❝tion, as aforesaid, shall be then and there affirmed, the party appealing shall pay unto the prosecutor or prosecutors, his, her, or their full costs, to be ascertained by order of the said Court "of general or quarter-sessions." 66 Sect. 23. By 16 Geo. 3. c. 30. s. 22. It is also provided, "That in case any person or persons, thinking him, her, or them"selves aggrieved as aforesaid, shall have paid the penalty inflicted "by this act for the offence of which he, she, or they shall have "been convicted, or shall be then imprisoned; every such person or persons having so paid, or being so imprisoned, may appeal "to such judgment, order, determination, or conviction as afore"said, on entering into recognizance, by himself, herself, or them"selves only, and without any surety or sureties, conditioned as "before mentioned, the said penalty remaining in the hands of "such justice or justices, or such person or persons continuing "in prison in the mean time, and until the merits of the said appeal shall be heard and finally determined." 66 66 Sect. 24. By 16 Geo. 3. c. 30. s. 23. It is also provided, That no such conviction made, or judgment given as aforesaid, "shall be set aside by the said Court or general or quarter-sessions, "for want of form, or for want of stating, or through the misstating of any facts, circumstances, or matter whatsoever, in case "the facts alleged in the said conviction, or on which the same "shall be grounded, shall be proved to the satisfaction of the said Court; but such appeal and appeals shall be decided on the "merits of the case only; nor shall such conviction or judgment "be removed or removeable by certiorari, or any other writ or process whatsoever, into any of his majesty's courts of record "at Westminster; any law or statute to the contrary notwith"standing." 66 66 + Sect. 25. By 16 Geo. 3. c. 30. s. 24. It is provided and enacted, "That if any person or persons shall be sued or prosecuted "for any matter or thing which he or they shall do in pursuance "of this act, it shall and may be lawful to and for the person or persons so sued or prosecuted to plead the general issue, and give the special matter in evidence; and if a verdict shall pass "for the defendant, or the plaintiff shall become nonsuit, or suffer "a discontinuance, or if upon a demurrer judgment shall be given against the plaintiff, the defendant shall have and recover his 66 "treble "treble costs, and have the like remedy for the same as any de“fendant hath in any other case by law." + Sect. 26. By 16 Geo. 3. c. 30. s. 25. it is further enacted, Prosecutions "That every prosecution for any offence against this act shall be within twelve months, &c. "commenced within twelve calendar months, but not after, from "the time of the offence committed; and that such persons as "shall be prosecuted under this act for any of the offences afore“said, shall not be liable to prosecution for the same offences "under any other act of parliament, or in any court of attachment, "swainmote, eyre, or any forest court." 66 Sect. 27. By 16 Geo. 3. c. 30. s. 26. it is further enacted, Limitation of "That all actions, writs, and prosecutions, to be commenced actions. against any person or persons for any thing to be done under or "in pursuance of this act, shall be laid and tried in the county or place where the fact was committed, and shall be commenced "within six calendar months after the fact committed, and not "otherwise." Sect. 28. By 16 Geo. 3. c. 30. s. 28. it is provided, and further enacted, "That nothing contained in this act shall extend "to that part of Great Britain called Scotland." Though the act mentions only red or fallow deer, yet the cross breeds, such as what is called a bastard menald, bred from a menald buck and fallow doe, are within the act. (2 E. P. C. 609. Heath's case, Sarum, March, 1801.) It has also been held that so much of the clause of 9 Geo. 1. as relates to the unlawful hunting, wounding, killing, destroying, or stealing any red or fallow deer, in any forest, chase, or inclosed places where deer have been or shall be usually kept, (not being armed and disguised,) was holden by all the judges to be repealed by st. 16 Geo. 3. c. 30. which punishes the first offence C. C. L. 1. 306. with pecuniary forfeiture. (Rex v. Davis, Mich. 1783.) Consonant to the above construction, it has been decided that no indictment lay for deer stealing in the first instance, although it be laid that the deer was reclaimed. (Heath's case, supra.) But since this determination the law has been altered, and the first offence of deer stealing again made a felony; for, by st. 42 Geo. 3. c. 107. entitled "An act more effectually to prevent the stealing of deer," reciting that "whereas it is expedient to make some further provision for preventing the stealing of deer and the punishment of deer stealers," it is enacted, "That, from and after the passing of this act, if any person or 86 persons shall wilfully course or hunt, or take in any slip, noose, "toil, or snare, or kill, wound, or destroy, or shoot at or other"wise attempt to kill, wound, or destroy, or shall carry away any "red or fallow deer, kept or being in the inclosed part of any "forest, chase, purlieu, or ancient walk, or any inclosed park, "paddock, wood, or other inclosed ground wherein deer are, "have been, or shall be usually kept, without the consent of the "owner of such deer, or without being otherwise duly autho"rized, or shall knowingly be aiding, abetting, or assisting "therein or thereunto, every person so wilfully offending as "aforesaid, For the offence of trespassing in ponds by endeavouring to take fish there in, vide 3 Edw. "aforesaid, in any of the cases above mentioned, shall be deemed ❝and taken to be guilty of felony, and being lawfully convicted "thereof upon indictment, shall be adjudged to be transported "for the term of seven years." By s. 2." If the same offence be committed in the uninclosed "part of any forest, chase, &c. every person so offending shall, "for every such act, and for every deer so taken or killed, "wounded, destroyed, or shot at or carried away, in or from any "uninclosed part of any forest, &c. shall forfeit and pay the sum "of fifty pounds." If a keeper is guilty of these offences the penalty is double; and all the provisions of 16 Geo. 3. for the recovery of penalties, &c. are extended to this act. By the 4 Geo. 4. c. 54. reciting the 9 Geo. 1. c. 22. by s. 4. enacts, "That so much of the recited act of 9 Geo. 1. as ex"cludes clergy in the recited cases, &c. (being armed and dis"guised, and appearing in any inclosed place where deer have "been usually kept, or killing, &c. of any red or fallow deer) "shall be repealed," and then enacts, "that the persons con"victed of the offences recited, or procuring, counselling, aiding, " or abetting the commission thereof, shall be liable, at the dis"cretion of the court, to be transported beyond the seas for the " term of seven years, or to be imprisoned only, or to be im" prisoned and kept to hard labour in the common gaol or house "of correction, for any term not exceeding three years." The law then appears thus to stand at present. The 16 Geo. 3. repealed that part of the clause of 9 Geo. 1. which made killing deer in inclosed ground, not being disguised, a felony, and reduced the first offence to a misdemeanor. It was again made felony by 42 Geo. 3. subject to seven years transportation; and lastly, by 4 Geo. 4. c. 54. hunting and killing deer, though disguised and armed, is punishable now by transportation or imprisonment, &c. But there is this incongruity existing between these statutes, that for killing deer in an inclosed part of any place, by persons armed and being disguised, it is discretionary in the court to sentence them to a less punishment than seven years transportation; but for the minor offence of committing the same act, without being disguised, the judgment (by 42 Geo. 3. c. 187.) is absolute for seven years transportation. Fish. Sect. 1. By 5 Eliz. c. 21. s. 2. 66 Whoever shall break, cut down, cut out, or destroy any head or dam of any ponds, pools, moats, stagnes, stews, or several pits wherein fish are or "shall happen to be put in or stored withal by the owners or " possessors thereof; or do or shall wrongfully fish in any of "the said several ponds, pools, moats, stews or pits, to the intent "to destroy, kill, take, or steal away any of the same fish, against 31 Hen. 8. c. 2. the will of the owners, shall suffer three months imprisonment, "find security for his good behaviour for seven years, and make compensation to the party grieved." 1. c. 20. where this offence was made felony. + Sect. 2. By 4 and 5 Will. 3. c. 23. s. 5. "net, |