ornament, railing or fence surrounding such statue or monument; or (j) who kills, maims, or wounds any dog, bird, or other animal not being cattle, but being either the subject of larceny at Common Law, or being ordinarily kept in a state of confinement, or for some domestic purpose; or (k.) 2 who by any unlawful act or by any wilful omission or neglect, obstructs or causes to be obstructed any engine or carriage using any railway or aids therein; or (7.) 3 who unlawfully and maliciously commits any damage, injury, or spoil to an amount exceeding £5, to, or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is otherwise provided in this chapter; or 24 & 25 Vict. c. 97. No. of Clause. SCHEDULE. Punishment. How inflicted. (j) Sect. 41. First offence. Maximum punishment six months imprisonment with hard labour, or maximum fine of £20. Subsequent offences. Imprisonment with hard labour for a maximum Conviction before a justice of the peace. Do. (k) Sect. 36. Maximum punishment two years im- On indictment. prisonment and hard labour. (1) Sect. 51. Maximum punishment two years im- On indictment. prisonment and hard labour, and if offence committed between 9 P.M. 1 24 & 25 Vict. c. 97, s. 41. 2 Ibid. s. 36. Changing a signal so as to cause a train to go slower than it otherwise would is an obstructing: R. v. Hadfield, L. R. 1 C. C. R. 253; so is stretching out the arms as a signal: R. v. Hardy, L. R. 1 C. C. R. 278. A railway not opened for public traffic may be obstructed: R. v. Bradford, Bell, C. C. 269. 324 & 25 Vict. c. 97, s. 51. (m.) who wilfully or maliciously commits any damage, injury, or spoil upon 2 any real or personal property whatsoever (including injuries to trees, saplings, shrubs or underwood), either of a public or private nature, for which no punishment is hereinbefore provided. Provided that this clause does not extend to any case where the party acts under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass not being wilful and malicious committed in hunting, fishing, or in the pursuit of game. 2 These words do not include an incorporeal right, such as the right to depasture cows on a moor: Laws v. Elkingham, L. R. 8 Q. B. D. 283. 324 & 25 Vict. c. 97, s. 53. CHAPTER XLVIII. 'OFFENCES RELATING TO GAME, WILD ANIMALS, AND FISH. In this chapter the following words are used in the following senses: 2"Night" means the interval between the end of the first hour after sunset, and the beginning of the last hour before sunrise. 3" Game" means hares, pheasants, partridges, grouse, heath or moor game, black game and bustards. ARTICLE 385. NIGHT POACHING AND ASSAULTING KEEPER. Every one commits a misdemeanor and is liable upon conviction thereof to the maximum punishment mentioned in the schedule in the foot-note to this Article, who does any of the following things (that is to say): (a.) who by night unlawfully takes or destroys any 13 Hist. Cr. Law, 275-282. 29 Geo. 4, c. 69, s. 12; 24 & 25 Vict. c. 96, ss. 17, 24. 3 9 Geo. 4, c. 69, s. 13. 4 Ibid. s. 1. game or rabbits in any land, whether open or inclosed, or by night unlawfully enters or is in any land, whether open or inclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game; or 1 (b.) who assaults or offers any violence with any gun, cross-bow, firearms, bludgeon, stick, club, or any other offensive weapon whatever, towards any person authorized to seize and apprehend him for the offence specified in clause (a.) 2 ARTICLE 386. OFFENCES RELATING TO DEER, HARES, RABBITS, AND FISH. Every one commits an offence, and is liable upon conviction thereof to the punishment and other consequences stated in the schedule in the note hereto, who does any of the following things (that is to say): 3 2 ie. the owner or occupier of the land, the lord of the manor or reputed manor in which the land is situated, any person having a right or reputed right of free chase, or free warren thereon, any gamekeeper or servant of any such person, any person assisting such gamekeeper or servant, finding the offender on the land where the offence is committed, or in any place to which pursuit is made: Sect. 2. See Schedule, p. 335. (a.) 1 who unlawfully and wilfully courses, hunts, snares, or carries away, kills, wounds, or attempts to kill or wound any deer kept or being (i.) in the uninclosed part of any forest, chase, or purlieu ; (ii.) in the inclosed part of any forest, chase, or purlieu, or in any inclosed land where deer are usually kept; or (b.) 3 who does not satisfy any justice of the peace before whom he is takeu or summoned that he had a lawful occasion for any snare or engine for the taking of deer found in his possession or on his premises with his knowledge, and did not keep the same for any unlawful purpose, and that he came lawfully by any deer, or the head, skin, or other part thereof so found, or which (upon summoning the persons through whose hands the same appear to have passed) are shewn to have been first received by him, or to have been in his possession; or (c.) who unlawfully and wilfully sets or uses any snare |