EVIDENCE. Prove that the ship or vessel was cast on shore, etc., as described in the indictment where the name of the owner is stated, prove that she was his property the larceny of the goods, etc., as ante, p. 163, while the vessel was stranded and cast on shore-that the goods, etc., as may be alleged, belonged to the ship-if the name of the owner is stated, prove them to be his property. Rosc. Cr. Ev. 2 ed. 574; Arch. 8 ed. 224. OBSERVATIONS. Venue-By 7 & 8 Geo. iv. c. 29, s. 18, this may be laid either in the county in which the offence was committed, or in the next adjoining county; but as a part of this section is recited and repealed by 1 Vict. c. 87, s. 1, it may be doubtful whether this provision is still operative. See Arch. 8 ed. p. 18. By 7 & 8 Geo. iv. c. 29, s. 19, where any goods, etc., belonging to a vessel in distress, shall, by virtue of a search warrant, be found in the possession of any person, or on the premises of any person, with his knowledge, a justice of the peace may order them to be restored to the owner; and the offender, on conviction before a justice, may be fined such a sum as the latter may think fit, not exceeding twenty pounds, over and above the value of the goods so found in his possession. Arch. Id.; Prec. of Indict. By section 20, if any person offers shipwrecked goods for sale, they may be seized. floor (29); or if a servant remove his master's hay from his stable, and put it into his master's waggon (30); or if a book be drawn up from the inside pocket of a coat about an inch above the top, and then let fall again into the pocket(31); in all these cases it has been holden that there is a sufficient carrying away, if done animo furandi, to constitute the offence of larceny. So also where the prisoner sitting on a coach-box, took hold of the upper part of a bag which was in the front boot, and lifted it up from the bottom of the boot on which it rested; handing the upper part of the bag to a person who stood beside the wheel, and both holding it endeavoured to pull it out; the Judges, on a case reserved, were of opinion that there was a complete asportation of the bag (32). But where the prisoner had set up a parcel of linen on one end, which was before lying lengthways in a waggon, and cut the wrapper all the way down for the purpose of taking out the linen, but was apprehended before he had taken any; all the Judges agreed this was no larceny, for there must be a removal of the goods from the place where they were, and the felon must for the instant at least have the entire and absolute possession of them (33). Where the prisoner snatched at, and tore from a lady's ear, as she came out of the Opera-house, a diamond earring, which was afterwards found in her hair; on a case reserved, this was held a sufficient taking to constitute robbery; it being in the possession of the prisoner for a moment, separated from the owner's person, was sufficient, though he could not retain it, but probably lost it again the same instant it was taken (34). But the offence is not complete unless there (29) Simpson's case, Kel. 31; 1 Hawk. C. 33, s. 25. (30) Gruncell's case, 9 C. & P. 365. (31) Thompson's case, 1 Mood. C.C. 78. (32) Walsh's case, 1 Mood. C. C. 14. (33) Cherry's case, 2 East, P.C. 556; 1 Leach, 321, n. (34) Lapier's case, 2 East, P. C. 557; 1 Leach, 320. K2 Stealing, or hunting, etc. ("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, chase or purlieu, after a previous "conviction thereof, before a justice of the peace," or "of any offence relating to deer, for which a pecuniary penalty" is imposed by ss. 26, 27, 28, of 7 & 8 Geo. iv. c. 29; whether the second offence "be of the same description as the first or or not." (F). 7 & 8 Geo. IV. c. 29, s. 26. (See the offence, supra, and Observations at p. 203). PUNISHMENT. Transportation for SEVEN years; or imprisonment not exceeding Two years, with or without hard labour, for the whole or any part of the imprisonment, and with or without solitary confinement; the latter qualified by 1 Vict. c. 90, s. 5; and if a male, to be once, twice, or thrice, publicly or privately, whipped, in addition to the imprisonment, if the Court shall think fit. Same as supra. be a possession by the prisoner, however temporary; as where the prosecutor was carrying a feather-bed on his shoulders, and on being met by the prisoner, who threatened to shoot him unless he laid it down, did so, but before the prisoner could take it up, he was apprehended; the Judges held the offence not completed (34). There must also be an actual severance from the possession of the owner. Where the prisoner was not able to carry off the goods, though he took them (34) Farrel's case, 2 East, P C. 557. EVIDENCE. Prove the stealing of the deer, or the hunting, etc. as may be charged that the offence was committed within inclosed land where deer were and had been usually kept-the situation and occupation as laid, Arch. 8 ed. 226. Prec. of Indict. Matt. C. L. 462. Arch. Id.; OBSERVATIONS. By the 27 sec. of the statute a pecuniary penalty on a conviction before a justice of the peace is imposed, for being in the possession of, or knowingly having upon the premises of the accused, "any deer, or the head, skin, or other part thereof, or any engine or snare for the taking of deer." And by sec. 28, for "setting or using any snare or engine whatsoever, for the purpose of taking or killing deer, in any part of any forest, chase, or purlieu, whether such part be enclosed 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 destroying any part of the fence of any land where deer shall be then kept." second offence under either of these sections, is deemed felony, punishable as simple larceny; see next precedent. A Prove the previous conviction before a justice (a)-the identity of the defendant-the hunting, etc. as may be charged (b)—that the offence was committed within an uninclosed part of the chase, etc. as described -the locality of that part of the chase where the offence was committed. Arch. 8 ed. 227. Prec. of Indict. Arch. 226; Matt. C. L. 462. (a) The mode of proving this is provided for by sec. 74 of the statute; see ante, p. 185. (b) The offence charged may The commission of this offence for the first time, is by this sect. made the subject of summary conviction before a magistrate, and the same as to offences in ss. 27, 28; and are liable to a pecuniary penalty. be any of the three offences made liable to a pecuniary penalty, for the first offence by ss. 26, 27, 28; see supra. up and carried them towards the door, from their being tied to a string, which was fastened to the counter (35); or to carry off a purse on account of its being tied to a bunch of keys, the keys remaining in the prosecutor's pocket (36); in these cases it was held that there was no severance, and the asportation therefore not complete. (35) Anon, cited in Cherry's case, unte. (36) Wilkinson's case, 1 Hale, 508. EVIDENCE. Prove the taking of the fish (a), or some of them, or the destroying, as may be charged -if the latter, it must be shown to be wilful-that the fish were taken, etc. in water running, or being in land adjoining to (b), or belonging to the dwellinghouse of the party named in the indictment, and that the water at the time was owned by such party, or that he had a right of fishery therein the local situation of the water and dwellinghouse (c). Arch. 8 ed. 230. OBSERVATIONS. This section provides that taking fish by "angling in the day time," shall not be deemed a commission of the offence; "but if any person shall, by angling in the day time, take or destroy, or attempt to take or destroy, any fish in any such water," as is necessary to create this misdemeanour, "he shall, on conviction before a justice of the peace, forfeit and pay any sum not exceeding five pounds.' It is an offence also within this section, and subject to the same summary jurisdiction, "to take or destroy, or attempt to take or destroy, any fish in any water not being such," as is necessary to create this misdemeanour, "but which shall be private property, or in which there shall be any private right of fishery;" and every offender shall forfeit and pay, over and above the value of the fish taken and destroyed (if any)," a fine not exceeding five pounds; but taking fish "by angling in the day time" in such lastmentioned water, is excepted from such fine, and made liable to a fine only of two pounds. Prec. of Indict, Arch. 229; Matt. C. L. |