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 107. and two sureties in 51. each, or one surety in 107. not to offend again for one year; and not finding such sureties, then to be further Impr. and H. L. not ex. 6 cal. m. unless sureties sooner found. 9 Geo. 4. e. 69. s. 1.

Second offence.

Offending a second time, (a) on conv. before 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 107. 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.

c. 69.

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

c. 29.

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 conservapun. 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

(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.

s. 33.

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 larceny. (a) Id.

Stealing trees and vegetable productions from parks, gardens, pleasure grounds, &c. of the value of 11. or elsewhere of the value of 51. Stealing, or cutting with intent to steal, breaking, 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. 11.) 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 17.

Unlawfully and maliciously cutting, breaking, barking, rooting up or otherwise destroying

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

GARDENS-continued.

c. 30.

or damaging the whole or any part of any 7 & 8 G. 4. 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 amount of injury done ex. 51.) fel. pun. at disc. of the Ct. Tr. not ex. 7 yrs. or Impr. not ex. 2 yrs. If a male, to be once, twice or thrice pub. or priv. W. in add. to Imp. (if the Ct. thinks fit.) 7 & 8 Geo. 4. c. 30. s. 19. Destroying trees, shrubs, &c. of the value of 51. growing elsewhere.

Unlawfully and maliciously doing the said acts,

e lsewhere than in the situations abovemen-
tioned, (if the amount of injury done ex. 51.)
fel. pun. any of the above which the Ct. may

Id.

award for the fel, last above mentioned. The like offence (Summary Conviction,) where the trees, &c. wheresoever growing, are of the value of one shilling, pun, on conv. before a J. P. for the 1st offence, to forfeit and pay above the amount of injury done, not ex. 51. For the 2d offence, comm. to the com. g. or h. of cor. to H. L. not ex. 12 cal. m. If the 2nd conv. takes place before two Js. they may order the offender, if a male, to be once

7 & 8 G. 4. c. 30.

GARDENS-continued.

or twice pub. or priv. W. after the end of 4
days from conv. Any other subsequent of-
fence is fel. pun. as any of the punishments
mentioned s. 19. p. 69. ante.
Destroying vegetable productions in gardens,
hothouses, &c.

Summary Conviction.—Unlawfully and mali-
ciously destroying, or damaging with intent
to destroy, any plant, root, fruit, or vegetable
production growing in any garden, orchard,
nurery-ground, hothouse, green-house or con-
servatory, pun. on conv. before a J. P. at
his disc, comm. to the com. g. or h. of cor.
there to be Impr. only, or Impr. with H. L.
not ex. 6 cal. m. or else forfeit and above
pay
the amount of injury done, not ex. 207. as
the J. P. shall think fit. (a) Committing
any of the said offences again, fel. pun. as
for fel. above mentioned, s. 19. p. 69, ante.
7 & 8 Geo. 4. c. 30. s. 2.

GREENWICH PENSIONERS.

Personating. See Falsely Personating, p. 53.

ante.

(a) For the summary mode of proceedings against offenders, see Summary Conviction, Malicious Injuries, post.