OFFENCES within the 11 & 12 VICT. c. 43. Statute. LARCENY-continued. I. OF ANIMALS-continued. 14. Fish.] Whosoever shall unlawfully and wilfully take or destroy,-or 15. Whosoever shall by angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset, unlawfully and wilfully take or destroy, or 16. Attempt to take or destroy, any fish in any such water as first mentioned, [i. e. which shall 17. The like offences as 15, 16, supra, in any such water as last mentioned, II. OF TREES, FENCES, &c. 18. Trees, Shrubs, &c. of value of 1s.] Whosoever shall steal, or 19. Shall cut, break, root up, or otherwise destroy or damage with intent the whole or any part of any tree, sapling, or shrub, or any [MEM. Stealing, &c., trees, &c. in a park, pleasure ground, garden, 24 & 25 Vict. c. 96, s. 24 Note 169). Id. Id. Id. s. 33. 178 Seizure of Angling Implements—Jurisdiction of Justices.] By s. 25, "if any person shall at any time be found fishing against the provisions of this act, the owner of the ground, water, or fishery where such offender shall be so found, his servant, or any person authorized by him, may demand from such offender any rod, line, hook, net or other implement for taking or destroying fish which shall then be in his possession,-and in case such offender shall not immediately deliver up the same, may seize and take the same from him for the use of such owner:-provided, that any person angling against the provisions of this act, between the beginning of the last hour before sunrise and the expiration of the first hour after sunset, from whom any implements used by anglers shall be taken, or by whom the same shall be so delivered up, shall by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling." These offenders cannot, however, be apprehended without a warrant (s. 103), if the boundary of any parish, township or vill shall happen to be in or by the side of any such water as is in this section 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 information, or in any parish, township or vill adjoining thereto (s. 24); see Embleton v. Brown, 30 L. J. (N. S.) M. C. 1; 25 J. P. 38. 179 How Value or Amount of Damage ascertained.] The amount of the damage actually done is the criterion, and therefore consequential damage cannot be included, as where other repairs to the articles damaged or to others are rendered necessary by the act of the offender (see Reg. v. Whiteman, 23 L. J. (N. S.) M. C. 120; 1 Dears. C. C. 353; 18 J. P. 281). . OFFENCES within the 11 & 12 VICT. c. 43. LARCENY-continued. II. OF TREES, FENCES, &C.-continued. 20. Fences, Stiles, Gates, &c.] Whosoever shall steal, or 21. Shall cut, break, or throw down with intent to steal, Statute. 24 & 25 Vict. c. 96, s. 34 (Note 169). 22. Possession of Trees, Fences, &c.] If the whole or any part of any tree, sapling or shrub, or any underwood,—or any part of any live or dead fence, or any post, pale, wire, rail, stile, or gate, or any part thereof, being of the value of 1s. at the least,-shall be found in the possession of any person, or on the premises of any person, with his knowledge, and such person being taken or summoned before a justice of the peace, shall not satisfy the justice that he came lawfully by the same (Note 171). [See title "Wreck," as to possession of shipwrecked goods.] 23. Plants, Fruits, &c. in Gardens, &c.] Whosoever shall steal, or 24. Shall destroy or damage with intent to steal, any plant, root, fruit, or vegetable production growing in any 25. Roots or Plants elsewhere.] Whosoever shall steal, or 26. Shall destroy or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or [MEM. For damage to property generally, see Offence 13, tit. "Ma- III. RECEIVERS AND ACCESSORIES. 27. Receivers.] Where the stealing or taking of any property whatsoever is by this act punishable on summary conviction either for every offence, or for the first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by. 28. Accessories.] Whosoever shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only. Id. s. 35. Id. s. 36. Id. s. 37. Id. s. 97. Id. s. 99. pp. 205, 206. One One 1st Offence. Either impr. with or 1st Offence. Either impr. with or Subsequent Offence (Note 177). Im- Id. Id. One (s. 97). Liable, for every 1st, 2nd or subse- The same (s. 99). OFFENCES within the 11 & 12 VICT. c. 43. MALICIOUS INJURIES (Notes 191 a, 192). [Pages 384-387.] I. TO TREES, PLANTS, FENCES, &c., infra. II. TO TELEGRAPHS AND ANIMALS, p. 32. III. TO ANY OTHER PROPERTY, p. 32. IV. ACCESSORIES, p. 34. I. TO TREES, PLANTS, FENCES, &c. Statute. 1. Trees, Shrubs, &c. to amount of 1s.] Whosoever shall unlawfully and 24 & 25 Vict. maliciously cut, break, bark, root up, or 2. Otherwise destroy or damage, the whole or any part of any tree, sapling or shrub, or any [MEM. Damaging trees, &c. in a park, pleasure ground, garden, [Vide Offence 22, ante, p. 28, for having possession of trees, &c.] 3. Plants, Fruits, &c. in Gardens, &c.] Whosoever shall unlawfully and maliciously destroy, or 4. Damage with intent to destroy, any plant, root, fruit or vegetable production, growing in any c. 97, s. 22 (Note 191a). Id. s. 23. 191a Discharge from first Conviction-Recovery of Penalties.] By s. 66, "where any person shall be summarily convicted before a justice of the peace of any offence against this act, and it shall be a first conviction, the justice may, if he shall so think fit, discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice." (Forms, Nos. 7, 8, p. 216, Oke's "Formulist," 3rd ed.) By s. 67, "when any person convicted of any offence punishable upon summary conviction by virtue of this act shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, [under 22 Vict. c. 32, p. 171], or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause." By s. 76, offences are to be prosecuted as directed by 11 & 12 Vict. c. 43, so far as no provision is hereby made. 192 Malice-Claim of Right to Property injured-Offences by Occupiers.] By 24 & 25 Vict. c. 97, s. 58, "every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed or otherwise." By s. 59, "every provision of this act not herein before so applied shall apply to every person who, with intent to injure or defraud any other person, shall do any of the acts hereinbefore made penal, although the offender shall be in |