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LARCENY — Conies 2
The next is that of the 22 & 23.C.2. 28 [+] which [In the next section taking notice 2# # §§.5. that persons would
22 & 23.C.2.25 enter into warrens tour about the borders of warrens in the night time, under colour pretence of killing Conies when they would not easily be discovered, & for which if they went no
further there was regularly no
punishment committ depredations
on the State of Rabbits under pretence of in the Warrens themselves forbids the killing meats that no person shall "kill or take" in the night time of
any Cavies in on the borders of Warrens: a very vague and equivocal expression which it must be confessed
a prohibition somewhat
vague) under the very moderate penalty however of a fine not exceeding ten shillings for every offence || || To the use of the poor over & above satisfaction
for the damage, "to be paid down presently" || || nothing is said about how it is to be
tho' in that same pot in a
part that related to Fish, the method
of Distress is prescribed. In default to be committed to the House of Correction for a term not exceeding one month
The prohibited space should be
defined by measure — as so
many hundred yards.
1
In another Section it + + §§4 which by the fourth extends the prohibition of the former act to grounds not enclosed
as well as enclosed ||| ||| The words here are wrongfully note
& chase take or kill under penalty of in this case of three months "treble damagesand costs to the party grieved," together
with "Imprisonment" for "three months and after, till the offender shall "find
sureties for "his" good " but without specifying to what for how long a time //<add> the surerty was to subsist in
force
//In that part of the Act which relates
to Fish, the Surities necessary to be
found are limited to one and the penalties
not to exceed ten Pound.
The Preamble, it is to be observed, of this latter Section, implies of the offence only
as committed in the night time but in the enacting part that circumstance is
dropped; || || Qu whether any general rule of
construction determines whether the
offence is to be considered only the whole
or restricted in point of time or not? and it stands the expression is "if at any time."
The cognizance is given all along
to a single Justice of the Peace
with an Appeal to the Quarter Sessions
where as any Land, Fishery
or Royalty is concerned"
|| Here is no provision for relaxment
of the recognizance by the party injured
as in the former Act nor enabling the Justice to release it
on promise of repentance.
As in the Statute just mentioned Conies had been confounded with Deer, so in another head
of this ||| ||| §§6., they are confounded with Hares; and after reciting that "divers idle and disorderly persons
had of late taken up a practice to take & kill Hares & Conies with snares, Hare-pipes
and other engines in or near woods, warrens or other places (as if the snare
could be set without being in some place) subject to the penalties of "the immediate
foraging clause" persons found setting or using any snares hare-pipes or other like
"engines" provided who are convicted in the manner following;* * Fishing may be omitted if "on their"
behalf is inserted after "final". concerning which it is fitting to be is then
observed that there is nothing more follows about the matter. |||
||| The rest of the Act relates to
fish. But in the 7th Section
which tho' apparently it relates only
to Fish, yet includes in the Belly
of it, a provision relating to conviction
coloured to be coextensive with the whole Act; viz
that the conviction must be — by confession
Oath of one Witness within a Month
after the offence before any Just of
the County Ride Division or Place
As a further means to effectuate the purpose of the act; By the 2 & 3d Sections, persons
of a certain description therein contained are subject to have seized by persons of a different
description the instruments of asserting & which are therein mentioned, their
Houses upon good ground of suspicion being liable to be searched in the day time for that purpose
The persons liable to instant seizure are 1st — All Every persons not having 1st who either 1st has not An like either 1 of Instance
in his own or his Wife's right of £100 a year or 2d For life or 99 years at the least
of £150 a year clear or 2dly is not the to Heir apprarent of an Esquire , or all persons of a higher degree
or 3d Owner or Lessor of "Forestry Park, Chases Warrens [stocked with Deer or Conies] for necessary are in respect of such places "authorized"
The persons impower'd to seize and search are Gamekeepers to the number of one or more appointed "under hand of
Seal by Lords of Manors & Royalties not under the degree of an Esquire so ||| ||| which who is or is not, God only
knows at present — 2d Any person
"authorized by warrant under the hand & Seal of any Justice of the Peace of the same County, domain
or place." The things which may be seized are in the order in which I relate them Guns, Bows, Greyhounds, Setting Dogs, Lurchers or other
Dogs to kill Horses or Conies, Ferrets, Tramels, Lowbels, Hay, or other Nets, Hare-pipes
Snares or other Engines for the taking and killing of Conies, Hares, [Partridges & Pheasants]
or other Game.
Disposal of the things seized.
THEFT. Conies
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Identifier: | JB/070/261/001"JB/" can not be assigned to a declared number type with value 70. |
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jeremy bentham |
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