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9G. 4.

c. 69.

s. 3.

GAME-continued.
In case of a third offence in Scot. or in other
cases in Scot. where sentence of Tr. may

be pronounced; the offender shall be tried by the High Ct. or. Circuit Ct. of Justiciary.

Id. 4.
Summary Conviction. -- Mode of proceedings in

cases punishable on,... str 1 15,'s..!
Any person charged on oath of a credible wit-

ness, or in Scot. on application of the pro-
curator fiscal of the Ct. before any J. P. with
an offence punishable upon summary juris-
diction under this act, may issue a warrant
to apprehend and bring the offender before

two Js. Id. s. 3,
Form of the conv. is given in the act. Id. s. 5.
Appeal clause.
Any person aggrieved by summary conv. may

appeal to the next Ct. G. or Q. Sess. holden
not less than 12 days after conv., notice of
appeal in writing being given to the com-
plainant, and of the cause and matter of ap-
peal, within 3 days after conv. and 7 clear
days before the sess. The party is either to
remain in custody until the sess. or within
such 3 days enter into recognizance or bond
of caution in Scot. with sufficient surety be-
fore one J. P. to appear on the appeal, abide
judgment and pay costs. Upon such notice

s. 5.

s. 6.

GAME--continued.

being given, and recognizance or hond, &c. 9G. 4. entered into, the J. shall liberate the party if

c. 69, in custody. The Ct. at sess. to hear and determine the appeal, and make order either with or without costs to either party, as the Ct. think fit. And in case of dismissal of the appeal or affirmance of conv. the Ct. shall order and adjudge the offender to be dealt with pun. according to the conv. and pay costs awarded, and also issue process for enforcing

the judgment. Id. s. 6.
Offences punishable upon summary conviction. (a)

First offence.
Any person after 19th July, 1828, by night (6) s. 1.

unlawfully taking or destroying any game (c)
or rabbits, (d) in any land open or inclosed(e),
or by night (e), unlawfully entering or be on

any land, open or inclosed, with an gun, net, (a) This section applies where the party goes out unarmed.

(6) That is, from the first hour after sunset until the beginning of the last hour before sunrise. See p. 61, ante.

(c) The game meant here are hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. See p. 77, ante.

(d) Although this sect. includes the destroying both game and rabbits, it does not extend to persons going out in the night with intent to destroy rabbits.

(e) The words “forest, chase, park,” &c. as well as the words"

open or inclosed grounds,” were mentioned in the 57 G. 3. c.90, repealed by this act. It was held that all those places are either open or inclosed grounds. Rex v. Parkhurst, R. & Ry. C.C. R. 563.

9 G.4.

c. 69.

GAME-continued.

engine, or other instrument for taking or destroying game, pun. on conv. before two J. P. comm. to com. g. or h. cor. not ex. 3 cal. m. to H. L. and at the end of Impr. to find sureties by recognizance, or in Scot. by bond of caution, himself in 101. and two sureties in 51. each, or one surety in 10l. not to offend again for one year; and not finding such sareties, then to be further Impr. and H. L. not ex. 6 cal. m. unless sureties sooner

found. 9 Geo. 4. e. 69. s. l. Second offence. Offending a second time, (a) on conv. be

fore 2 Js. P. comm. to com. g. or h. cor. not ex. 2 cal. m. to H. L. and at the end of Impr. to find sureties as above, himself in 201. and two sureties in 101. each, or one surety in 201. and not to offend again for 2 yrs.; and not finding such sureties, to be further Impr. with H. L. for 1 yr. unless such

sureties sooner found. Third offence.

Any person being guilty of a third offence,

(a) Qu. Is it necessary to constitute a second offence, that the party should commit precisely the same offence in both instances ? Suppose a party killed game in the night the first time, and he went out with intent to kill game the second, as this is a penal stat. could he be considered to have committed a second offence ?

GAME-continued.
misd. (a) and on conv. pun. at the disc. of 9G. 4.

c. 69.
the Ct. Tr. 7 yrs. or Impr. with H. L. in
com. g. or h. cor. not ex. 2 yrs.--For the

like offences in Scot. the like pun. Id. s. 1. Offences punishable by Indictment. See p.

61. ante. GAMING. Assault and challenges on acct. of money won at

play.
The stat. 9 Ann. c. 15. s. 8. which made these

assaults and challenges punishable with 2 yrs.
Impr. and forfeiture of the goods and chat-
tels and personal estate of the offender, is re-
pealed by 9 Geo. 4. c. 31. and also the

9 Ann. c. 14.
GARDEN.-Summary Conviction.
Stealing plants, fruits, &c. from.
First Offence. --- Any person stealing, destroy- 7 & 8 G.4.

ing, or damaging with intent to steal, any
plant, root, fruit, or vegetable production
growing in any garden, orchard, nursery
ground, hothouse, greenhouse or conserva-
pun. on conv. before a J. P. at the disc. of
the J. either comm. to the com. g. or h. cor.
to be Impr. only, or Impr. and H. L. not

c. 29.

(a) The third offence being a transportable misd. one J. may commit the offender for trial at the assizes or q. sess. and as the offence is only a misd. the prisoner is entitled to be admitted to bail.

68

GARDENS.

7 & 8 G.4.

c. 29.

GARDENS-continued.

6 cal. m. or else forfeit and pay over and
above the value of the articles stolen, or the
amount of injury done, not ex. 201. 7 & 8

Geo. 4. c. 29. s. 42.
Second Offence. - Fel. pun. as for simple lar-

ceny. (a) Id.

s. 33.

Stealing trees and vegetable productions from

parks, gardens, pleasure grounds, &c. of the

value of 1l. or elsewhere of the value of 51. Stealing, or cutting with intent to steal, break

ing, rooting up or otherwise destroying, or damaging 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, if the value of the article, or articles stolen, or amount of injury done, ex. 17.) fel. pun. as for simple larceny (a). If growing elsewhere than in the above situations (if the value of the article or articles stolen or injury done ex. 51. fel.

pun, as above. 7 & 8 Geo. 4. c. 29. s. 38. Destroying trees or shrubs in parks, gardens,

&c. of the value of ll. Unlawfully and maliciously cutting, breaking,

barking, rooting up or otherwise destroying

(a) See Larceny, post, for the punishment.

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