Page:Halsbury Laws of England v1 1907.pdf/591

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II.

penal servitude for a years' hard labour (x).

— PKOPERxr

in Animals.

369

term not exceeding fourteen years, or two

Sect.

2.

Criminal

Law. Wilfully to kill any animal with intent to steal the carcase, skin, any part of the animal so killed is felony (provided the offence Killing" of stealing the animal would have amounted to felony (i/)), and animals with intent to steal is punishable as on a conviction for the stealinoj (z). or

the carcase.

806. To in

a

state

steal of

any

animal ordinarily kept any domestic purpose, and

bird, beast, or other

confinement

or

for

Stealing beasts or birds

not being the subject of larceny at common law, or 1 0 kill with ^ent not the intent to steal the same or any part thereof, is punishable on subject of summary conviction with imprisonment with hard labour for a larceny, term not exceeding six months or a fine not exceeding £20 above the value of the animal, and on a subsequent conviction with imprisonment with hard labour for a term not exceeding twelve months {a) and to be found in possession of any such bird or the plumage thereof, or of any dog or any such beast or the skin thereof, knowing the same to be stolen, is punishable with forfeiture thereof, and, on a subsequent conviction, with the same penalties as if the offender were convicted of stealing such bird or beast; and a justice may make an order restoring the animal or its skin etc. to the owner (b).

807. Unlawfully and wilfully to kill, wound, or take any house dove or pigeon under circumstances that do not amount to larceny at common law is punishable on summary conviction with a fine of £2 above the value of the bird(c). The right to prosecute is not limited to the

owner

Killing pigeons,

of the bird {d).

Unlawfully and maliciously to kill, maim, or wound any cattle is Killing or maiming a felony punishable with fourteen years' penal servitude (e). Unlawfully and maliciously to kill, maim, or wound any dog, bird, beast, or other animal, not being cattle, but being either the subject ^^^J^f of larceny at common law or being ordinarily kept in a state of other animals, confinement or for any domestic purpose, is punishable summarily with imprisonment for a term not exceeding six months or a fine not exceeding ^620 above the amount of injury done a subsequent offence is punishable with imprisonment with hard labour for a term not exceeding twelve months (/). It is not necessary to prove that the wounding was done with an instrument (g) nor that there was an intention to kill, maim, or



Larceny Act, 1861 (24 & 25 Yict. c. 96), s. 10. Killing a dog with intent to steal its carcase under this section, as stealing a dog is not a felony at statute. As to larceny of dogs, see p. 405, post. (z) Larceny Act, 1861 (24 & 25 Yict. c. 96), s. 11. (x) {y)

(a)

Ibid.,

s.

a felony or under the

is not, therefore,

common law

21.

(b) Ibid., s. 22. (c) Ibid., s. 23. A conviction under this section cannot be sustained where a farmer, in order to protect his crops, shoots pigeons plundering his seeds

{Taylor v. Neiumaji (1863), 32 L. J. (m. c.) 186). {d) Smith V. Bear (1903), 88 L. T. 664. (e) Malicious Damage Act, 1861 (24 & 25 Yict. c 97), s. 40. (/) Ibid., s. 41. When charged with a second offence, the accused has a right to trial by jury (Summary Jurisdiction Act, 1879 (42 & 43 Yict. c. 49) s. 17). (g) R. V. Bullock (1868), 11 Cox, C. C. 125.

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