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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 hear about the borders of warrens in the night time, under colour of killing when they would not easily be discovered, & for which if they went no
further there was regularly
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 right time of
any Cavies in the borders of Warrens: a very vague and equivocal expression which it must be confessed
a prohibition somewhat
vague) under the very moderate penalty of a fine not exceeding ten shillings for every offence || || To the of the poor over & above satisfaction
for the damage, <add> "to be paid down presently" || In default to be committed to the House of Correction for a term not exceeding one month
|| nothing is said about how it is to be
<sic.tho'</sic> in that same pot in a
part that related to Fish, the method
of Distress is prescribed.
The prohibited space should be
defined by measure — as so
many hundred yards.
1
In another Section + + §§4 which by the fourth it extends the prohibition of the former act to grounds not enclosed
as well as enclosed ||| ||| The words here are wrongfully
& chase take or kill under penalty of in this case of three months "treble damages<a/dd>and 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 <add> for how long in time <add> the party was to subsist
force
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
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,
and other engines in or near woods, warrens or other places (as if the
would 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
"engines" provided who are convicted in the manner following;* * Fishing may be omitted of "on their"
behalf is inserted after "final". concerning what it is fitting to be is the
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 <sic>Just of
the County Division or Place
As a further means to effectuate the purpose of the Act; By the 2 & 3d Sections,
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, then
Houses upon good ground of suspicion being liable to be searched in the day time for the purpose
The persons liable to sustain seizure are
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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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larceny - conies |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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