ling house of him the said J. S. to wit, under certain wooden stairs in the said dwelling house, did unlawfully, wickedly and maliciously set fire to the said last mentioned dwelling house, then and now being situate, &c. [as in the last.] A Fifth certain other house of the said J. R. there situate, and also count. situate and being in a certain neighbourhood and street there, called New Bond-street, and contiguous and adjoining to certain dwelling houses there, of and belonging to divers of the liege subjects of our said lord the king, did unlawfully, wickedly and maliciously attempt then and there feloniously to set fire to, and burn and consume, to the great damage, &c. [as before.] A certain other dwelling house of him the said Sixth J. S. there situate, and also situate and being in a certain count. neighbourhood and street there, there called New Bond-street, and contiguous and adjoining to certain dwelling houses there, of and belonging to divers liege subjects of our said lord the king, did unlawfully, wickedly and maliciously attempt then and there feloniously to set fire to and burn and consume, to the great danger, terror and affrightment of all the liege subjects of our said lord the king, near the last mentioned dwelling house of him the said J. S. then and there inhabiting and dwelling, against the peace, &c. Geo. III. c. That E. G. late of, &c. on, &c. with force and arms, at, For felo&c. aforesaid, feloniously, wilfully, maliciously and unlawful- ay, on 43 ly did set fire to a certain house there situate, and then being 58.8.1. in the possession of him the said E. G. with intent thereby for setting to injure and defraud "the London Insurance of houses or fire to a goods from fire," against the form of the statute, &c. and house in &c. Second count the same as the first, only soner's the priagainst the peace, stating the intent to be to injure and defraud the corporation of own posthe London Assurance of houses and goods from fire, against session. the form, &c. and against the peace, &c. Third count the (9) same, only stating the intent to be to injure and defraud M. W., M. R. and C. H. T. then being subjects of his majesty. Fourth count the same, stating the intent to be to injure one W. R. then being one of his majesty's subjects.] [*1115] That* J. H. late of, &c. on, &c. with force and arms, at, on 12 &c. aforesaid, twenty tons weight of hemp, of the value of Geo. III. one hundred pounds; ten cable ropes, each thereof being in c. 24. for felony in length one hundred fathoms, and in circumference three setting inches, and of the value of eighty pounds: and six tons fire to weight of cordage of the value of two hundred pounds, the king's said hemp, cable ropes and cordage, then and there being the rope naval stores of our said lord the king, and then placed and house, (q) See similar precedents, Cro. C. C. 92. 2 Starkie, 420. stores in dockyard of his ma (r) This was the indictment jesty. (r) against Hill, Starkie, 421. deposited in a certain building in the dock yard of our said lord the king there situate, called the rope house, feloniously, wilfully and maliciously, did set on fire and burn, against the Second form of the statute, &c. and against the peace, &c. And the count for jurors, &c. do further present, that the said J. H. on the said, setting fire to &c. with force and arms, at, &c. aforesaid, a certain building buildings. erected in the dock yard of our said lord the king there situate, called the rope house, feloniously, wilfully and maliciously, did set on fire, and cause and procure to be set on fire, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said J. H. on the said, &c. with force and arms, at, &c. aforesaid, a certain building of our said lord the king there situate, in which great quantities of naval stores, that is to say, twenty tons' weight of hemp, ten cable ropes, and six tons' weight of cordage, of our said lord the king, were then placed and deposited, feloniously, wilfully and maliciously, did set on fire, and cause and procure to be set on fire, against the form of the statute, &c. and against the peace, &c. Third count for setting fire to a building of the king, containing naval stores. [*1116] I. c. 22. in break INDICTMENTS FOR MALICIOUS MISCHIEF TO That A. B. late of, &c. being an evil disposed person, after On 9 Geo. the first* day of June, in the year of our Lord one thousand seven hundred and twenty-three, to wit, on, &c. with force for felony and arms, at, &c. aforesaid, the head and mound of a certain ing down fish pond in a certain orchard belonging to J. D. esquire, the head there situate and being, unlawfully, maliciously, and feloniously did break down, whereby the fish in the same pond then and there being were lost and destroyed, to the great damage of the said J. D. against the form of the statute, &c. to the evil example, &c. and against the peace, &c. and mound of a fish pond, whereby the fish were lost. (8) (s) See similar precedents, Cro. C. C. 7 Ed. 214. 8 Ed. 82. Starkie, 551. This indictment is founded on the clause in 9 Geo. I. c. 22. which enacts, that if any person shall unlawfully and maliciously break down the head or mound of any fish-pond, whereby the fish shall be lost or destroyed; or forcibly rescue any person being lawfully in custody for such an offence; or by gift or promise of money or other reward, procure any of the king's subjects to join in such unlawful act; he shall be guilty of falony without benefit of clergy. By s. 14. of the same statute, the venue may be laid in any county, at the option of the party indicting. Under this act, the defendant must be actuated by malice against the owner; for if the intent was to steal the fish the offence will not be capital, 2 East, P. C. 1067. 1072, 4. 1 Leach, 527, 539. but see Dawson's case ante 1087, 8. I. c. 22. for trees for orna On 22 Geo III. c. 40. s. 2. for house That T. S. late of, &c. after the first day of June, in the On 9 Geo. year of our Lord one thousand seven hundred and twentyfelony in three, to wit, on, &c. with force and arms, at, &c. aforesaid, maliciousunlawfully, maliciously and feloniously, did cut down and ly cutting destroy two elm trees in a certain avenue to the dwelling- down house of one W. S. there planted and then growing for orna- growing ment there (he the said W. S. then being the owner (u) of the said trees) to the great damage of the said W. S. against ment. (t) the form of the statute, &c. and against the peace, &c. That H. S. late of, &c. and A. W. late of, &c. on, &c. with force and arms, at, &c. aforesaid, the dwelling-house (or forcibly shop) of one J. D. there situate, then and there feloniously entering and by force did break and enter into, with intent feloniously- a dwelling wilfully and maliciously to cut and destroy a certain quanti- with inty of woollen serge in a certain loom used in the making tent to cut thereof, [or "to cut, destroy and break, divers, to wit, two serge in looms then and there employed in the making of woollen the loom goods,"] belonging to him the said J. D. in the same* dwell- and for ing house then and there being, against the form of the sta- cutting tute, &c. and against the peace, &c. And the jurors, &c. do and destroying further present, that the said H. S. and the said A. W. afterwards, to wit, on the said, &c. with force and arms, at, &c. (w)° aforesaid, twenty yards of woollen serge of the value of four [*1117] pounds, of the goods and chattels of the said J. D. in a cer- First tain loom used in the making of woollen serge belonging to count for him the said J. D. in the house of him the said J. D. then &c. with and there being, then and there feloniously, wilfully and intent to maliciously did cut and destroy, (they the said H. S. and cut, &c. (t) See similar precedents Cro. C. C. 82. Starkie, 551. This indictment is founded on the clause in the 9 Geo. I. c. 22. which makes it capital "unlawfully and maliciously to cut down or otherwise destroy any trees planted in any avenue, or growing in any garden, orchard, or plantation, for ornament, shelter, or profit." See 6 Geo. III. c. 36. and 6 Geo. III. c. 48. respecting the destroying or stealing trees without malice; ante 926, larceny. (u) The name of the owner is material, 1 Leach, 253. (w) See similar precedents Cro. C. C. 7 ed. 692, 8 ed. 438. Starkie, 561. The indictment is founded on 22. Geo. III. c. 40. s. 2. which enacts, that "If any person shall by day or by night break into any house or shop with intent to cut or de or looms, the same. breaking, Second count for actual cut stroy any serge or other woollen For fish ing in the king's park, on 5 Geo. III. c. 14. (x) [*1118] On 10 A. W. then not having or either of them having the consent of the said J. D. the owner aforesaid so to do) against the form of the statute, &c. and against the peace, &c. That E. M. late of, &c. A. K. late of, &c. W. T. late of, &c. after the first day of June in the year of our Lord seventeen hundred and sixty-five, to wit, on, &c. with force and arms, at, &c. aforesaid, unlawfully did enter into a certain park of our sovereign lord the king there situate, called Cranbourne park, the said park being fenced in and inclosed, wherein a certain pond of water then and there was, and did then and there steal, take, kill and destroy, twenty-four fish called carp, of the value of twenty-four shillings, of the goods and chattels of our said sovereign lord the king, then and there being, and then and there bred, kept and preserved, in such pond as aforesaid, without the consent of our said sovereign lord the king, then and there being the owner thereof, against the form of the statute, &c. and also against the peace, &c. And the jurors, &c. do further present, that the said E. M. &c. on the said,* &c. with force and arms, at, &c. aforesaid, unlawfully did enter into a certain paddock being fenced in and inclosed, wherein a certain pond of water then and there was, and did then and there steal and take twentyfour fish called carp, of the value of twenty-four shillings, of the goods and chattels of our said sovereign lord the king, then and there being, and then and there bred and kept in such pond of water aforesaid, without the consent of our said lord the king, then and there being the owner thereof, against the form of the statute, &c. and also against the peace, &c. That T. W. late of, &c. being an ill designing and disorGeo. II. c. derly person, and not regarding the laws and statutes of this 32. s. 9. (x) See a precedent 4 Wentw. 356. and indictment for larceny ante 929.973. The 5. Geo. III. c. 14. 1. on which this indictment is framed enacts, "that if any person shall enter into any park or paddock fenced in and inclosed or into any garden, orchard, or yard, adjoining or belonging to any dwelling-house, in or through which park or paddock, garden, orchard, or yard, any river or stream of water shall run or be, or wherein shall be any river, stream pond, pool, moat, stew, or other water and by any ways means, or device whatsoever, shall steal, take, kill, or destroy any fish bred, kept, or preserved in any such river, &c. with out the consent of the owner or owners thereof; or shall be aiding or assisting in the stealing, taking killing or distroying any such fish as aforesaid; or shall receive or buy any such fish, knowing the same to be stolen or taken as aforesaid," being convicted by verdict or confession he shall be transported for seven years. The trial must be in the county where the offence was committed, and the prosecution must be commenced within six months after the crime. The cognizance of the offence is given to the justices gaol delivery, id. ibid. But any offender discovering his accomplices will be entituled to a pardon, s. 2. armed arms, into intent to ers' as realm, nor the pains and penalties therein contained, after for going the twenty-fourth day of June, which was in the year of our with fire Lord seventeen hundred and thirty-seven, to wit, on, &c. in the ward of B. otherwise B. ward, being an extra-parochial a royal foplace in the forest of Needwood, in the county of Stafford, rest with he the said T. W. then and there being armed with fire-arms, kill deer, and other offensive weapons, unlawfully did come, and then and asand there in the said ward, being an extra-parochial place, saulting within the forest of N. in the said connty of S. aforesaid, the keep(the said forest then and long before and still being the sistant. forest of our said sovereign lord the king, and also a forest (y) wherein fallow deer, on the said, &c. and for the space of forty years and more then last past have been usually kept, and still are usually, kept,) with an intent then and there unlawfully to kill and take away one fallow deer of our said lord the king, then and there being in the said ward without the consent of our said lord the king then and there being owner thereof, or of the most noble T. W. duke of Devonshire, then being ranger of the said forest, or of the right honourable G. lord Vane, then keeper of the said ward called B. ward in the said* forest, they the said duke, and G. lord Vane, then and there being the persons chiefly entrusted with the custody of the said deer within the said ward, or of any other person who then was chiefly entrusted with the keeping of the said ward, or with the custody of the said deer then being in the said ward, and being also then and there so armed as aforesaid, did then and there unlawfully beat and wound the said E. P. in the due execution of his said office, and then and there did other injuries to the said E. P. to the great damage of the said E. P. in contempt, &c. to the evil example, &c. against the form of the statute, &c. and against the peace, &c. And Second the jurors, &c. that the said T. W. on, &c. aforesaid, at, &c. count for aforesaid, being then and there armed with fire arms and the assault (y) This indictment is from 6 Wentw. 368. It is framed on the 10 Geo. II c. 32. s. 9. which directs the offence to be punished with transportation for seven years. By the 9 Geo. I. c. 22. it was made a capital felony. But as the 10 Geo. II. repealed the more severe law, so it was itself, in effect, repealed, except as to arms and disguises, by 16 Geo. III. c. 30. which punishes the attempt to take or destroy deer with a penalty of twenty pounds, the actual killing, wounding, destroying, or taking thirty pounds for every deer respectively, and makes the second offence a single felony [*1119] on the officer. |