aforesaid, in the county aforesaid, in a certain park, there lying and being, (inclosed with wooden pales, where deer had been usually and then were kept, belonging to M. N.) unlawfully and feloniously did enter and appear, and one fallow deer of the price of forty shillings, of the goods and chattels of the said M. N. in the same park then and there being found, with force and arms, then and there unlawfully, wilfully, and feloniously did hunt, wound, kill, destroy, steal, take, and carry away, against the form of the statute, &c. and against the peace, &c. 97. Indictment for killing a sheep, with an intent to steal part of the carcase, under the stat. 14 G. 2. c. 6. s. 1. (t). One sheep, of the price of 20 shillings, of the goods ficer or other person, for any the offences before mentioned; or if any person or persons shall, by gift or promise of money, or other reward, procure any of his majesty's subjects to join him or them in any such unlawful act; every person so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death, as in cases of felony without benefit of clergy. Made perpetual by 31 G. 2. c. 42. By sec. 13. prosecutions to be commenced within three years from the time of the of fence committed, and not af ter. By sec. 14. every offence that shall be done or committed contrary to the act, shall and may be inquired of, examined, tried, and determined in any county within the kingdom of England, in such manner and form as if the fact had been therein committed. By the same section, no attainder for any offences made felony by virtue of this act, shall work any corruption of blood, loss of dower, or forfeiture of lands or tenements, goods or chattels. (t) The stat. enacts, that if any person or persons shall feloniously drive away, or in any other manner feloniously steal, one or more sheep, or other cattle, of any other person or persons whatsoever, or shall wilfully kill one or more sheep, or other cattle, of any other person or persons whatsoever, with a felonious intent to steal the whole carcase or carcases, or any part or parts of the carcase or carcases, of any one or - more sheep, or other cattle, that shall be so killed, or shall assist or aid any person, &c. to commit such offence or offences, the person guilty, &c. being thereof convicted, shall be ad and chattels of C. D. then and there being found, then and there wilfully and feloniously did kill, with a felonious intent to steal part of the carcase, that is to say, the inward fat, of the said sheep, against the form, &c. and against the peace, &c. 98. For stealing shrubs from a garden (u). On, &c. in the night-time, to wit, about the hour of judged guilty of felony with out benefit of clergy. The words cattle are, by the stat. 15 G. 2. c. 34. declared to mean and extend to any bull, cow, ox, steer, bullock, heifer, calf, or lamb, as well as sheep. Cooke was indicted for stealing a cow; upon evidence it appeared that the beast was an heifer; and the judges held, that since the statute particularly mentions heifer as well as cow, the description was improper. Cooke's case, Leach, 123. East. P. C. 617. If a person remove sheep or lambs from the place in which they are kept, and afterwards kill them, with intent, &c. he may be indicted for stealing them, for the larciny is completed by the removal, Rawlins's case, East. P. C. 617. Cromp. 36. pl. 17. (u) By 6 G. 3. c. 36. s. 1. every person who shall, in the night-time, pluck up, dig up, break, spoil, or destroy or carry away any root, shrub, or plant, or roots, shrubs, or plants of the value of 5s. and which shall be growing, standing, or being in the garden ground, nursery ground, or other inclosed ground of any person or persons whatsoever, shall be deemed guilty of felony; and the court shall have authority to transport the offender for seven years*. And by the same statute, those who shall wilfully aid and assist therein, or who shall receive such roots, &c. of the value aforesaid, knowing the same to be stolen, shall be subject to the same penalty as if they had stolen the same. By another stat. passed the same sessions, (c. 48. s. 3.) to pluck up, cut, spoil, or destroy, or take or carry away any root, shrub, or plant, roots, &c. out of the fields, nurseries, gardens, or other garden grounds, or other cultivated lands of any person * The court is not bound to pass sentence of transportation under this stat. but may pass any other sentence applicable to a single larciny. Leach, 541. East. P. C. 589. 12 in the night of the same day, with force and arms, shrubs called — of the value of 5s. and — plants called of the value of 5s. then and there growing in a certain garden ground of E. F. there situate, and then and there being the property of the said E. F. did feloniously pluck up and steal, take, and carry away, against the form, &c. and against the peace, &c. 99. Indictment for stealing a chose in action, under the stat. 2 G. 2. c. 25 (x). The property may be described generally, as one bank note for the payment of one pound, and of the value of one pound, then and there being the property of E. F. the said sum of money secured thereby then and there remaining due and unsatisfied to the said E. F. In the case of a bill of exchange, it may be described as one bill of exchange for the payment of 20 pounds and of the value, &c. as before. or persons, without consent of the owner, is an offence punishable, in the first instance, by a fine not exceeding 40s. in the second not exceeding 5l.; but if a person so convicted, offend a third time, and be convicted, he shall be deemed guilty of felony. This stat. it has been holden, did not repeal the former, which embraces those offences only which are committed in the night-time, and where property amounts to 5s. R. v. Hitchcock and Howe, Leach, 541. By the stat. 6 G. 3. c. 36. The destroying, damaging, or stealing of timber trees, in the night time, and without the consent of the owner, is felony, and punishable by transporta, tion for seven years. And aiders and abettors are subject to the like punishment. By the stat. 6 G. 3. c. 48. the same offence (without limitation to the night) is punishable by a fine, not exceeding 201. on conviction for the first offence, before one justice, by a fine not exceeding 30. for the second, and if a person so convicted offend a third time, he shall be deemed guilty of felony. (x) See the observations, p. 183. R. v. Milnes, supra, p. 429. R. v. Johnston, supra, p. 431. note (n), and the precedent, p. 430. The indictment must conclude against the form of the statute. 100. Indictment for stealing above the value of forty shillings in a dwelling-house. (Commencement as in pr. 1 and 87.) Of the goods and chattels of one E. F. in the dwelling-house (%) of him the said E. F. then and there being found, then and there feloniously did steal, take, and carry away, against the peace, &c. (a). 101. Indictment of felony for stealing above the value of five shillings in a shop (b). (Commencement as in pr. 87.) Of the goods and chat (2) The owner's name is essential, see p. 177.; and the act does not extend to a stealing in the defendant's own dwelling-house, R. v. Macdaniel and Thompson, Leach, 379. Gould's case, Leach, 257. East. P. C. 644.; and it must be such as a burglary may be committed in. Dalton, ch. 58. R. v. Davis, alias Silk, East. P. C. 499. In Campbell's case, East. P. C. 644. the prisoner lodged at the house of the prosecutrix, who sent him a note, which she requested him to change; on pretence of procuring change, he left the house and absconded; and it was held by the judges, that the case was not within the act, since the property was not under the protection of the house. And the same was held in Owen's case, East. P. C. 645. who, pretending to have found a cross, decoyed the prosecutor into an house, and feloniously obtained 105 guineas from him. And the same was determined in the cases of Cas tledine and Watson, East. P. C. 645, 6. But bank notes are within the statute, Dean's case, Leach, 798. Milne's case, East. P. C. 602. Sess. Pap. May, 1796, p. 615.; for by the stat. 2 G. 2. c. 25. the stealing of such securities is placed on the same footing with stealing goods of like value with the sums secured. (a) The stat. 12 Ann. stat. 1, ch. 7. s. 1. enacts, that any person who shall feloniously steal any money, goods, &c. of the value of forty shillings or more, being in a dwelling-house, or outhouse thereunto belonging, although such house or outhouse be not actually broken by such offenders, and although the owner of such goods, or any other person or persons, be not in such house or outhouse, or shall assist or aid any person to commit such offence, being convicted or attainted, by verdict or confession, &c. shall be absolutely debarred of clergy, &c. (b) By stat. 10 & 11 Will. 3. ch. 23. s. 1. if any person shall, tels (c) of one E. F. in the shop of him the said E. F. then and there being found, then and there privately and feloniously did steal, take, and carry away, against the peace, &c. 102. Indictment for stealing in the dwelling-house to the amount of 40 shillings, putting the owner in fear, under the stat. 3 & 4 W. & M. c. 9. s. 1. (d). (Commence as in pr. 1.) One silver tankard, of the at any time or times, by night or in the day-time, in any shop, warehouse*, coach-house, or stable, privately† and feloniously steal any goods, wares, or merchandizes, being of the value of five shillings or more, (although such shop, &c. be not broken open, &c.) or shall assist, hire, or command any person to commit such offence, &c. he shall not have the benefit of clergy. (c) The goods stolen must be the property of the owner of the shop, &c. otherwise the of fender does not lose his clergy; for this act was made as a remedy for the owners of the shops to preserve their goods for sale, &c. See Howard's case, Fost. 77. and Stone's case, Leach, 375. * It has been held that a warehouse, in which goods are deposited for exportation, &c. and not for sale, is not within the meaning of this act. Howard's case, O. B. 1751. Fost. 77. East. P. C. 642. Godfrey's case, Leach, 322. And, therefore, if any force be used, the case is not within this act. Fost 79. East. P. C. 641. Cartwright's case. But the stat. 3 & 4 W. & M. c. 9. s. 1. extends to breaking in. This word comprehends those who invite, procure, or stir up any other person to do the fact. Fost. 126. 1 Hale, 565. 2 Haw. c. 33. s. 65. 68. It has been doubted whether it is not necessary that some person in the dwelling-house should be put in fear, East. P. C. 634. in analogy to Lord Coke's construction of a similar clause in the stat. 1 E. 6. c. 12. |