of King's Bench, in case the Court shall, upon the Application of Grand Jury, be the Grand Jury at the said Assizes, or Sessions, or Term, by Pre- transported. sentment in Writing for that Purpose, think any such convicted Person a fit Object of Mercy, then such convicted Person, instead of the Punishment aforesaid, shall and may be transported beyond the Seas for Life, or for such Term of Years as the Court shall think proper: Provided always, that nothing herein contained shall affect the Power of the Court (in any Case where a Grand Jury shall not make such Application) to order Sentence of Death to be recorded, under the Provisions of an Act passed in the Fourth Year of His present Majesty's Reign, intituled An Act for enabling Courts to abstain from pronouncing 4G. 4. c. 48. Sentence of Death in certain Capital Felonies.

Deer in any inclosed feiture of 301.

Ground, For

XXVI. And be it enacted, That if any Person shall unlawfully Stealing, &c. and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any Deer kept or being in any Park, Paddock, or inclosed Land wherein Deer shall be usually kept, every such Offender shall for every such Offence, upon Convic tion thereof before any Two Justices of the Peace, forfeit any Sum not exceeding Thirty Pounds.

Penalty on suspected

Persons found in Possession of Venison, &c.

201.

XXVII. And be it enacted, That if any Deer, or the Head, Skin, or other Part thereof, or any Snare or Engine for the taking of Deer, shall, by virtue of a Search Warrant, to be granted as hereinafter mentioned, be found in the Possession of any Person, or on the Premises of any Person, with his Knowledge, and such Person being carried before a Justice of the Peace shall not satisfy the Justice that he came lawfully by such Deer, or the Head, Skin, or other Part thereof, or that he had a lawful Occasion for such Snare or Engine, and did not keep the samé for any unlawful Purpose, he shall, on Conviction by the Justice, forfeit and pay any Sum not exceeding Twenty Pounds; and if In case they any such Person shall not, under the Provisions aforesaid, be are not conliable to Conviction, then, for the Discovery of the Party who ac- victed, Justice tually killed or stole such Deer, it shall be lawful for the Justice, other Parties. at his Discretion, as the Evidence given and the Circumstances of the Case shall require, to summon before him any and every Person through whose Hands such Deer, or the Head, Skin, or other Part thereof, shall appear to have passed; and if the Person from whom the same shall have been first received, or any Person who shall have had Possession thereof, shall not satisfy the Justice that he came lawfully by the same, he shall, on Conviction by the Justice, be liable to the Payment of such Sum of Money as is hereinbefore last mentioned.

may summon

or Beasts or Birds, ordinarily kept in Confinement, and not the Subjects of Larceny.

XXVIII. And be it enacted, That if any Person shall steal any Stealing Dogs, Dog, or shall steal any Beast or Bird ordinarily kept in a State of Confinement, not being the Subject of Larceny at Common Law, every such Offender, being convicted thereof before Two Justices of the Peace, shall for the First Offence forfeit and pay the Value of the Dog, Beast, or Bird, and also such Sum of Money, not exceeding Twenty Pounds, as to such Justices shall seem meet; and if any Person so convicted thereof shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard

Labour

Persons in whose Pos

session stolen

Dogs, &c. are

Labour for such Term, not exceeding Twelve Calendar Months, as the convicting Justices shall think fit.

XXIX. And be it enacted, That if any Dog or any such Beast, or the Skin thereof, or any such Bird, or any of the Plumage thereof, shall be found in the Possession or on the Premises of

found, liable to any Person, by virtue of a Search Warrant, to be granted as

such Penalty
and Punish-

ment as the
Stealers.

Stealing Ore,
&c. from Mines,
Felony,
punishable as
Larceny.

Stealing Trees,
Shrubs, &c.
growing in
Parks, Gardens,

&c. exceeding
the Value of il.
or elsewhere,
exceeding 51.,
Felony pu-
nishable as
Larceny.

Stealing Trees,
&c. whereso-
ever growing,
of the Value of
1s., punishable

on summary
Conviction;
for First

Offence 51. and Second Offence, Imprisonment; Third Offence Felony,

punishable as Larceny.

hereinafter mentioned, the Justice by whom such Warrant shall be granted may restore the same respectively to the Owner thereof, and the Person in whose Possession or on whose Premises the same shall be so found (such Person knowing that the Dog, Beast, or Bird has been stolen, or that the Skin is the Skin of a stolen Dog or Beast, or that the Plumage is the Plumage of a stolen Bird,) shall, on Conviction before Two Justices of the Peace, be liable for the First Offence to such Forfeiture, and for every such subsequent Offence to such Punishment, as Persons convicted of stealing any Dog, Beast, or Bird are hereinbefore made liable to.

XXX. And be it enacted, That if any Person shall steal, or sever with Intent to steal, the Ore of any Metal, or any Lapis Calaminaris, Manganese, or Mundick, or any Wad, Black Cawke, or Black Lead, or any Coal or Cannel Coal, from any Mine, Bed, or Vein thereof respectively, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny.

XXXI. And be it enacted, That if any Person shall steal, or shall cut, break, root up, or otherwise destroy or damage, with Intent to steal, the Whole, or any Part of any Tree, Sapling, or Shrub, or any Underwood, respectively growing in any Park, Pleasure Ground, Garden, Orchard, or Avenue, or in any Ground adjoining or belonging to any Dwelling House, every such Offender, in case the Value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of One Pound, shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny; and if any Person shall steal, or shall cut, break, root up, or otherwise destroy or damage, with Intent to steal, the Whole or any Part of any Tree, Sapling, or Shrub, or any Underwood respectively, growing elsewhere than in any of the Situations. hereinbefore mentioned, every such Offender (in case the Value of the Article or Articles stolen, or the Amount of the Injury done, shall exceed the Sum of Five Pounds) shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny.

XXXII. And be it enacted, That if any Person shall steal, or shall cut, break, root up, or otherwise destroy or damage, with Intent to steal, the Whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, wheresoever the same may be respectively growing, the stealing of such Article or Articles, or the Injury done, being to the Amount of One Shilling at the least, every such Offender, being convicted before Two Justices of the Peace, shall for the First Offence forfeit and pay the Value of the Article or Articles stolen, or the Amount of the Injury done, and also such Sum of Money, not exceeding Five Pounds, as to the Justices shall seem meet; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall

be

be convicted thereof in like Manner, every such Offender shall for such Second Offence be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Twelve Calendar Months, as the convicting Justices shall think fit; and if any Person so twice convicted shall afterwards commit any of the said Offences such Offender shall be deemed guilty of Felony, and being convicted thereof, shall be liable to be punished, in the same Manner as in the Case of Simple Larceny.

or any

dead Fence,

wooden Stile or Gate;

First Offence, 51.; Second Offence, Imprisonment, &c.

XXXIII. And be it enacted, That if any Person shall steal, Stealing, &c. or shall cut, break, or throw down, with Intent to steal, any any live or Part of any live or dead Fence, or any wooden Post, Pale, or Rail set up or used as a Fence, or any Stile or Gate, Part thereof respectively, every such Offender, being convicted before Two Justices of the Peace, shall for the First Offence forfeit and pay the Value of the Article or Articles so stolen, or the Amount of the Injury done, and also such Sum of Money, not exceeding Five Pounds, as to the Justices shall seem meet; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Twelve Calendar Months, as the convicting Justices shall think fit.

Wood, &c. 21.

XXXIV. And be it enacted, That if the Whole or any Part of Penalty on any Tree, Sapling, or Shrub, or any Underwood, or any Part of suspected any live or dead Fence, or any Post, Pale, Rail, Stile, or Gate, Persons in or any Part thereof, being of the Value of Two Shillings at the possession of least, shall by virtue of a Search Warrant, to be granted as hereinafter mentioned, be found in the Possession of any Person, or on the Premises of any Person with his Knowledge, and such Person, being carried before a Justice or Justices of the Peace, shall not satisfy the Justice or Justices that he came lawfully by the same, he shall, on Conviction by the Justice or Justices, forfeit and pay the Value of the Article or Articles so found, and also any Sum not exceeding Two Pounds.

Garden, &c.

ment or Fine of 201.; Se

XXXV. And be it enacted, That if any Person shall steal, or Stealing, &c. shall destroy or damage, with Intent to steal, any Plant, Root, Fruit or VeFruit, or vegetable Production growing in any Garden, Orchard, getables in a Nursery Ground, Hothouse, Greenhouse, or Conservatory, every punishable such Offender, being convicted thereof before a Justice or Justices on summary of the Peace, shall, at the Discretion of the Justice or Justices, Conviction; for either be committed to the Common Gaol or House of Correc- First Offence, tion, there to be imprisoned only, or to be imprisoned and kept by Imprisonto hard Labour, for any Term not exceeding Six Calendar Months, or else shall forfeit and pay the Value of the Article or Articles so stolen, or the Amount of the Injury done, and also such Sum of Money, not exceeding Twenty Pounds, as to the Justice or Justices shall seem meet; and if any Person so convicted shall Larceny. afterwards commit any of the said Offences, such Offender shall be deemed guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny. XXXVI. And

cond Offence, Felony, punishable as

Stealing, &c. Vegetable Productions, not growing in Gardens, &c.; First Offence, Imprisonment, or Fine of 20s.; Second Offence, &c. Imprisonment,

&c.

Stealing Glass or Wood Work, or Fixtures of any kind, from Buildings, and

Metal Fixtures

from Grounds,

Felony, punishable as Larceny.

Tenants and Lodgers stealing any Property from Houses or Apartments let to them, Felony, punishable as Larceny.

Form of
Indictment.

XXXVI. And be it enacted, That if any Person shall steal, or shall destroy or damage with Intent to steal, any cultivated Root or Plant used for the Food of Man or Beast, or for Medicine, or for distilling, or for dyeing, or for or in the Course of any Manufacture, and growing in any Land, open or inclosed, not being a Garden, Orchard, or Nursery Ground, every such Offender, being convicted before Two Justices of the Peace, shall, at the Discretion of the Justices, either be committed to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, for any Term not exceeding One Calendar Month, or else shall forfeit and pay the Value of the Article or Articles so stolen, or the Amount of the Injury done, and also such Sum of Money, not exceeding Twenty Shillings, as to the Justices shall seem meet, and in Default of Payment thereof, together with the Costs (if ordered), shall be committed as aforesaid, for any Term not exceeding One Calendar Month, unless Payment be sooner made; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Six Calendar Months, as the convicting Justices shall think fit.

XXXVII. And be it enacted, That if any Person shall steal, or rip, cut, or break, with Intent to steal, any Glass or Wood Work belonging to any Building whatsoever, or any Lead, Iron, Copper, Brass, or other Metal, or any Utensil or Fixture, whether made of Metal or other Material, respectively fixed in or to any Building whatsoever, or any Thing made of Metal fixed in any Land, being private Property, or for a Fence to any Dwelling House, Garden, or Area, or in any Square, Street, or other Place dedicated to Public Use or Ornament, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny; and in case of any such Thing fixed in any Square, Street, or other like Place, it shall not be necessary to allege the same to be the Property of any Person: Provided always, that nothing herein contained shall be construed to affect any Enactment or Law for the Punishment of Persons guilty of stealing any such Property belonging to or vested in any Commissioners or other Persons, under any Act for paving, cleansing, lighting, or improving any City, Town, or Place in Ireland.

XXXVIII. And for the Punishment of Depredations committed by Tenants and Lodgers, be it enacted, That if any Person shall steal any Chattel or Fixture let to be used by him or her in or with any House or Lodging, whether the Contract shall have been entered into by him or her, or by her Husband, or by any Person on behalf of him or her, or her Husband, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable to be punished in the same Manner as in the Case of Simple Larceny; and it shall be lawful in every such Case of stealing any Chattel, to prefer an Indictment in the common Form, as for Larceny, and in every such Case of stealing any Fixture, to prefer an Indictment in the same Form as if the Offender were

not

not a Tenant or Lodger, and in either Case to lay the Property in the Owner, or the Person letting to Hire.

perty of their

XXXIX. And for the Punishment of Depredations not punish- Clerks and able capitally, committed by Clerks and Servants, and such other Servants (not Persons as hereinafter mentioned, be it enacted, That if any Clerk punishable or Servant shall steal any Chattel, Money, or valuable Security, stealing Procapitally) belonging to or in the Possession or Power of his Master or Employer, every such Offender, being convicted thereof, 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 for any Time not exceeding Three Years, and if a Male to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.

Masters, Transportation or Imprisonment.

Clerks or

Servants receiving any Money,

&c. on their Master's Ac

to have stolen it feloniously, although never in the Master's Possession.

XL. And for the Punishment of Embezzlement committed by Clerks and Servants, be it enacted, That if any Clerk or Servant, or any Person employed for the Purpose or in the Capacity of a Clerk or Servant, shall, by virtue of such Employment, receive or take into his Possession any Chattel, Money, or valuable Security, count, and for or in the Name or on the Account of his Master or Employer, embezzling it, and shall fraudulently embezzle the same or any Part thereof, shall be deemed every such Offender shall be deemed to have feloniously stolen the same from his Master or Employer, although such Chattel, Money, or Security was not received into the Possession of such Master or Employer, otherwise than by the actual Possession of his Clerk, Servant, or other Person so employed; and every such Offender, being convicted thereof, 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 for any Term not exceeding Three Years, and if a Male to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.

Indictment.

embezzled.

XLI. And for preventing the Difficulties which have been ex- Distinct Acts of perienced in the Prosecution of such Offenders, be it enacted, Embezzlement That it shall be lawful to charge in the Indictment and to proceed may be charged against the Offender for any Number of distinct Acts of Embez- in the same zlement, not exceeding Three, which may have been committed by him against the same Master or Employer, within the Space of Six Calendar Months from the first to the last of such Acts; and Allegation in every such Indictment, where the Offence shall relate to any and Proof of Money, or any valuable Security, it shall be sufficient to allege the Property the Embezzlement to be of Money, without specifying any particular Coin or valuable Security, and such Allegation, so far as regards the Description of the Property, shall be sustained, if the Offender shall be proved to have embezzled to any Amount, although the particular Species of Coin or valuable Security of which such Amount was composed shall not be proved, or if he shall be proved to have embezzled any Piece of Coin or any valuable Security, or any Portion of the Value thereof, although such Piece of Coin or valuable Security may have been delivered to him in order that some Part of the Value thereof shall be returned to the Party delivering the same, and although such Part shall have been returned accordingly.

XLII. And