Forging any declaration, warrant, order, or other instrument, or any affidavit or affirmation required by the commissioners for the reduction of the national debt, &c., is provided against by the 2 and 3 Wm. 4, c. 59, s. 19. Forging any certificate of a receipt given to or by the commissioners for the relief of the West India Islands, by the 2 & 3 Wm. 4, c. 125, s. 64; to or by the commissioners for relief to the Island of Dominica, by the 5 and 6 Wm. 4, c. 51, s. 5; forging any receipts for compensation money to slave owners, by the 5 & 6 Wm. 4, c. 45, s. 12.

[*551] *Frauds or false mutilations, or erasures in their books of account or register, or in their other documents by directors or officers of joint stock companies are made misdemeanors by the 7 and 8 Vict. c. 110, s. 31.

With regard to other forgeries in Ireland, see the 48 Geo. 3, c. 82, s. 4, as to granting, obtaining, or using false permits in Ireland, 1 & 2 Wm. 4, c. 33, forgeries relative to public works in Ireland; 2 & 3 Wm. 4, c. 88, s. 40, forgeries in respect to the registry of freeholders in Ireland.

Forgeries relating to records, &c.] Avoiding records: felony, 8 Hen. 6, c. 12. Forging a memorial or certificate of registry of lands in Yorkshire or Middlesex, imprisonment for life, forfeiture of lands, &c., 2 and 3 Anne, c. 4, s. 19; 5 and 6 Anne, c. 18, s. 8; 7 Anne, c. 20, s. 15; 8 Geo. 2, c. 6, s. 21. Forging the seal, stamp, or signature of any certificate, official or public document, or document or proceeding of any corporation or joint stock or other company, or of any certified copy of any document, bye-law, entry in any register or other book or other proceeding, receivable in evidence; or tendering in evidence any such certificate, &c., with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit; or forging the signature of any judge [of any of the superior courts of equity or common law] to any order, decree, certificate, or other judicial or official document; or tendering in evidence any order, &c., with a false or counterfeit signature of any such judge thereto, knowing the same to be false or counterfeit; or printing any copy of any private act, or of the journals of either house of parliament; or tendering in evidence any such copy, knowing the same was not printed by the person by whom it purports to have been printed felony, transportation for seven years, or imprisonment for not more than three years, nor less than one year, with hard labour, 8 and 9 Vict. c. 113, s. 4. Certifying as true any false copy of, or extract from, any of the records in the public record office: felony, transportation for life, or not less than seven years, or imprisonment not exceeding four years, 1 Vict. c. 94, ss. 19, 20. Uttering a false certificate of a previous conviction, felony, transportation or imprisonment, and whipping, 7 and 8 Geo. 4, c. 28, s. 11.

This, considering the probable danger to the lives of the public, would seem to be an indictable offence at common law; Williams v. E. I. Company, 3 East, 192; and now by the 1 Geo. 4, c. 4, (E.) if any person whatever shall be maimed, or otherwise injured by reason of the wanton and furious driving or racing, or by the wilful misconduct of any coachman, or other person having the charge of any

stage-coach or public carriage, such wanton or furious driving or racing, or wilful misconduct of such coachman or other person shall be, and the same is therefore declared to be a misdemeanor, and punishable as such, by fine and imprisoment: Provided that nothing in that act contained shall extend or be construed to extend to hackney-coaches being drawn by two horses only, and not plying for hire as stage-coaches.

*GAME.

[ *553 ]

Statute 7 & 8 Geo. 4, c. 29

Taking or killing hares, &c., in the night

Proof of the taking or killing

Proof that the offence was committed in some warren, &c. used for the breeding

of hares, &c.

Limitation of time for prosecutions under the 9 Geo. 4

Unlawfully entering land for the purpose of taking game, being armed

Proof of the entering, &c.

Proof of the entering or being in the place specified

Proof of the purpose to take or destroy game or rabbits
Proof of the being armed, &c. .

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Assault upon persons apprehending offenders

All offences with regard to game, which are the subject of indictment, are statutable offences, not known to the common law. Such animals being ferræ naturæ, are not in their live state, the subjects of larceny. Vide post, tit. Larceny.

The principal provisions with regard to offences relating to game, are contained in the 7 and 8 Geo. 4, c. 29, the 9 Geo. 4, c. 69, and the 7 and 8 Vict. c. 29— (the 27 Geo. 3, c. 35, and the 7 Geo. 4, c. 9, I.)

TAKING OR KILLING HARES, &c., IN THE NIGHT, IN GROUND USED FOR BREEDING, &C.

By the 7 and 8 Geo. 4, c. 29, s. 30, if any person shall unlawfully and wilfully, in the night-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 shall be punished accordingly.

The offence in the day-time is made the subject of summary conviction.

Upon an indictment under the statute, the prosecutor must prove-1st, the taking or killing of a hare or coney; 2d, that it was in some *warren or [*554 ] ground lawfully used for the breeding, &c. ; and 3d, that the offence was committed in the night.

Proof of the taking or killing.] It is not necessary to give evidence that the defendant was seen in the act of taking or killing the hare, nor in order to prove a taking, is it necessary to show that the animal came actually into his hands. Thus, where the defendant had set wires, in one of which a rabbit was caught, and the defendant, as he was about to seize it, was stopped by the keeper, this was held by the judges to be a taking within the stat. 5 Geo. 3, c. 14, the word taking meaning catching, and not taking away. Glover's case, Russ. & Ry. 269.

Proof that the offence was committed in some warren or ground lawfully used for the breeding of hares, &c.] This averment must be proved as laid in the indictment It must also be shown that the place was situated in the parish mentioned in the indictment, and that it was in the occupation of the party stated. The act, moreover, applies to places which are either warrens or which are similar to warrens, where rabbits are generally kept, and not to places where a few rabbits may be kept. R. v. Garratt, 6 C. & P. 369.

Proof of the offence being committed in the night-time.] The 7 and 8 Geo. 4, c. 29, does not contain, like the 9 Geo. 4, c. 69, any clause declaring what shall be deemed night-time. The word, therefore, must be taken to have the same sense as it had by the common law in burglary. Vide ante, p. 364.

TAKING AND DESTROYING GAME BY NIGHT.

By the 9 Geo. 4, c. 69, s. 1, (repealing 57 Geo. 3, c. 90,) it is enacted, “that if any person shall, after the passing of this act, by night, unlawfully take or destroy any game or rabbits, in any land, whether open or inclosed, or shall, by night, unlawfully enter, or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game, (which word, by s. 13, shall be deemed to include hares, pheasants, partridges, grouse, heath, or moor game, black game and bustards,) such offender shall, upon conviction thereof, before two justices of the peace, be committed for the first offence to the common gaol or house of correction, for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period, shall find sureties by recognizance, or in Scotland, by bond of caution, himself in 107, and two sureties in 57. each, or one surety in 107., for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned, and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and in case such person shall so offend a second time, and shall thereof be convicted before two justices of the peace, he shall be committed to the common gaol or house of correction, for any period not exceeding six calendar months, there to be kept to hard labour, and at [*555] the expiration of such period, shall find *sureties by recognizance or bond as aforesaid, himself in 201. and two sureties in 107. each, or one surety in 201., for his not so offending again for the space of two years next following, and in case of not finding such sureties, shall be further imprisoned, and kept to hard labour for the space of one year, unless such sureties are sooner found; and in case such person shall so offend a third time, he shall be guilty of a misdemeanor, and being 1 Eng. C. C. 269. Eng. Com. Law Reps. xxv. 442.

b

convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for seven years, or to be imprisoned, and kept to hard labour in the common gaol or house of correction, for any term not exceeding two years; and in Scotland, if any person shall so offend a first, second, or third time, he shall be liable to be punished in like manner as is hereby provided in each case."

The 7 and 8 Vict. c. 29, s. 1, enacts, "that from and after the passing of this act, (the 4th July, 1844,) all the pains, punishments, and forfeitures imposed by the 9 Geo. 4, c. 69, upon persons by night unlawfully taking or destroying any game or rabbits, in any land open or inclosed, as therein set forth, shall be applicable to and imposed upon any person by night, unlawfully taking or destroying any game or rabbits on any public road, highway, or path, or sides thereof, or at the opening, outlets, or gates from any such land into any such public road, highway, or path, in the like manner as upon any such land, open or inclosed; and it shall be lawful for the owner or occupier of any land adjoining either side of that part of such road, highway, or path where the offender shall be, and the gamekeeper or servant of such owner or occupier, and any person assisting such gamekeeper or servant, and for all persons authorized by the said act, (the 9 Geo. 4, c. 69,) to apprehend any offender against the provisions thereof, to seize and apprehend any person offending against the said act or this act; and the said act and all the powers, provisions, authorities and jurisdictions therein or thereby contained or given, shall be as applicable for carrying this act into execution as if the same had been therein specially set forth."

Upon a prosecution, under these statutes, the prosecutor must prove; 1, the former convictions, and the identity of the defendant; 2, the committing of the third offence; 3, the situation and occupation of the land or road; 4, the commission of the offence in the place specified.

Proof of the former convictions, &c.] By s. 8, the convictions are to be returned to the sessions, and registered, and may be proved by the production of the records themselves, or of copies thereof. Prove also the identity of the defendant. The former convictions must be correctly set out in the indictment, otherwise the prisoner cannot be convicted; see ante, p. 425.

Proof of the third offence.] The offence must be proved to have been committed in the night; by the 12th section, "the night shall be considered to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise." The precise hour laid is not material, provided it appear that the offence was committed within the above hours. See Tomlinson's case, 7 C. & P. 183.°

*Proof of the situation and occupation of the land.] The indictment must [ *556] particularize, in some manner, the place in which the offence was committed, for being substantially a local offence, the defendant is entitled to know to what specific place the evidence is to be directed. Ridley's case, Russ & Ry. 515. "A certain cover in the parish of A." is too general a description. Crick's case, 5 C. & P. 508. But it has been held sufficient by Gurney, B., to charge entering certain lands in the occupation of A. B., without specifying whether it is inclosed or not. R. v. Andrews, 2 Moo. & R. 37.

If in the indictment, a name be given to the place, though unnecessarily, such name must be proved as laid. Owen's case, see ante, p. 112. And it must be

с

Eng. C. L. Reps. xxxii. 487.

1 Eng. C. C. 515.

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Eng. C. L. Reps. vol. xxiv. 481.

proved that the offence was committed in the particular place. Therefore, where the indictment is for taking or destroying game, such taking or destroying must be proved in the place specified. It is not necessary that the party should be actually seen in the place specified; it is sufficient, if it appear from circumstantial evidence, that he was there. Worker's case, 1 Moody, C. C. 165.

Where the charge is for entering land with a gun, for the purpose of taking game, the purpose must be proved. Where the indictment alleged an entry into a particular close, with intent, then and there to kill game, it was held that the intent was confined to the killing of game in that particular place. Barham's case, 1 Moody, C. C. 151;s Capewell's case, 5 C. & P. 549; Gainer's case, 7 C. & P. 231.i

Where it appeared that the prisoners were in Shutt Leasowe, a place named in the indictment, and which adjoined Short Wood, and were apparently going to the wood, Patteson, J., said "the intent was evidently to kill game in the wood, into which none of the parties ever got for that purpose; it is true that they are charged with being in Shutt Leasowe, but they had no intention of killing game there; they must be acquitted." R. v. Davis, 8 C. & P. 759.j

A conviction under the 9 Geo. 4, c. 69, s. 1, must allege that the defendants by night were in certain land for the purpose of taking game (and as it seems) by night in such land. It is not sufficient to follow the precise words of the statute. It would appear, however, that there is a distinction as to this between summary convictions, and misdemeanors under s. 9 of the statute. Fletcher v. Calthrop, 1 New Sess. Cases, 529.

Limitation of time for prosecutions under the 9 Geo. 4, c. 69.] By s. 4, prosecutions for offences, punishable by summary conviction, must be commenced within six calendar months, and upon indictment or otherwise, within twelve calendar months after the commission of such offences. On the trial of an indictment under the ninth section, for night poaching, it appeared that the offence was committed on the 12th January, 1844, the indictment was preferred on the 1st March, 1845, the warrant of commitment was dated on the 11th December, 1844. It was held that it was sufficiently shown that the prosecution was commenced "within twelve calendar months after the commission" of the offence within the 4th section. R. v. Austin, 1 C. & K. 621. See also Kilminster's case, 7 C. & P. 228.1

[ *557 ] *UNLAWFULLY ENTERING LAND FOR THE PURPOSE OF TAKING GAME,

BEING ARMED.

By the 9 Geo. 4, c. 69, s. 9, "if any persons to the number of three or more together, shall, by night, unlawfully enter or be in any land, whether opened or inclosed, for the purpose of taking or destroying game or rabbits, any such person being armed with any gun, cross-bow, fire-arms, bludgeon, or any other offensive weapon, each and every of such person shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned 12 Eng. C. C. 165. * Id. 151. Eng. C. L. Reps. xxiv. 452. i Id. xxxii. 500. J Id. xxxiv. 623. * Id. xlvii. 621. 'Id. xxxii. 499.