or engine whatsoever for the purpose of taking or killing any deer in any part of any forest, chase, or purlieu, whether such part is inclosed or not, or in any fence or bank dividing the same from any land adjoining, or in any inclosed land where deer are usually kept; or

1

(d.) 1 who unlawfully and wilfully destroys any part of the fence of any land where any deer are then kept; or

(e.) who having entered into any forest, chase, or purlieu, inclosed or not, or into any inclosed land where deer are usually kept, with intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, unlawfully beats or wounds any person intrusted with the care of the deer, or any of his assistants, in the execution of the powers hereunder mentioned; 3 or

4

(f.) who unlawfully and wilfully takes or kills any hare or rabbit in any warren or ground lawfully used for the breeding or keeping of hares or rabbits, whether the same be inclosed or not,

3 Every person intrusted with the care of the deer, and any of his assistants, whether in his presence or not, may demand from every such offender any gun, fire-arms, snare, or engine in his possession, and any dog there brought for hunting, coursing, or killing deer, and in case such offender shall not immediately deliver up the same, may seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer.

4 24 & 25 Vict. c. 96, s. 17.

(ii.) by day (elsewhere than on any sea bank or river bank in the county of Lincoln, so far as the tide extends, or within one furlong of such bank; or

(g.) 1 who sets or uses any snare or engine for the taking of hares or rabbits in any such place at any time; or

(h.) 2 who 3 unlawfully and wilfully takes or destroys, or attempts to take or destroy any fish, otherwise than by angling in the day-time,

(i.) in any water running through or being in any land adjoining or belonging to the dwelling-house of any person being the owner of such water, or having a right of fishery therein,

(ii.) in any other water being private property, or in which there is any private right of fishery; or

4

(k.) who unlawfully or wilfully takes or destroys, or attempts to take or destroy, fish by angling in the day-time, (i.) in any water mentioned in (h) (i.)

(ii.) in any water mentioned in (h) (ii.)

124 & 25 Vict. c. 96, s. 17. It is not perfectly clear whether the words “unlawfully” and “wilfully" apply to this offence; but in any case they would, I think, be implied.

2 24 & 25 Vict. c. 96, s. 24.

These words apply only to (ii.).

24 & 25 Vict. c. 96, ss. 24, 25.

Z

1If any person is found committing any offence under (h) (i.), (h) (ii.), (k) (i.) or (k) (ii.), the owner of the ground, water, or fishery where such offender is 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 then in such offender's possession, and if such offender does not immediately deliver up the same, may seize and take it from him for the use of such owner. Any person angling by day is by such taking or delivery exempted from any further damage or penalty.

124 & 25 Vict. 96, s. 24.

CHAPTER XLIX.

'OFFENCES CONNECTED WITH TRADE AND BREACH OF CONTRACT.

ARTICLE 387.

ABSCONDING WITH PROPERTY IN CONTEMPLATION OF BANK

RUPTCY.

2 EVERY one commits felony, and is liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour, who quits England and takes with him, or attempts or makes preparation for quitting England and for taking with him, any part of his property to the amount of £20 or upwards, which ought by law to be divided amongst his creditors,3 having been adjudged a bankrupt, or having had his affairs liquidated by arrangement after the presentation of a bankruptcy petition against him, or the commencement of his liquidation, or within four months before such presentation or commencement, unless the jury is satisfied that he had no intent to defraud.

4 ARTICLE 338.

PUNISHMENT OF FRAUDULENT DEBTORS.

5 Every person adjudged bankrupt, and every person whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869, commits a misdemeanor, and is liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour,

13 Hist. Cr. Law, 228-233.

232 & 33 Vict. c. 62, s. 12.

3 In the case of an infant adjudged a bankrupt for trading debts who was convicted under this section it was held that the conviction must be set aside, as since 37 & 38 Vict. c. 62, the infant could have no creditors capable of being defrauded: L. R. 5 Q. B. D., 28.

4 32 & 33 Vict. c. 62, s. 11.

5 32 & 33 Vict. c. 71.

(1.) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud:

(2.) If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that he had no intent to defraud:

(3.) If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control, relating to his property or affairs, unless the jury is satisfied that he had no intent to defraud:

(4.) If after the presentation of a bankruptcy petition. against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals any part of his property to the value of £10 or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud:

(5.) If after the presentation of a bankruptcy petition against him, or the commencement of the liquidation, or within four months next before such presentation or commencement, he fraudulently removes any part of his property of the value of £10 or upwards:

(6.) If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud:

(7.) If, knowing or believing that a false debt has been proved by any person under the bankruptcy or liquidation, he fail for the period of a month to inform such trustee as aforesaid thereof: