7 & 8 G. 4. c. 30. FISH-continued. Unlawfully and maliciously breaking down or otherwise destroying the dam of any fishpond, or of any water which is private property, or in which there is any private right of fishery, with intent to take and destroy any fish therein, or thereby causing the loss or destruction of any of the fish; or unlawfully and maliciously putting any lime or other noxious material in any such pond or water, with intent to destroy any of the fish therein. Or unlawfully and maliciously breaking down or otherwise destroying the dam of any millpond, misd. pun. at the disc. of the Ct. Tr. 7 yrs. or Impr. not ex. 2 yrs. and if a male, once, twice or thrice pub. or priv. W. if the Ct. think fit, in add. to the Impr. 7 & 8 Geo. 4. c. 30. s. 15. any Unlawfully and wilfully taking any fish in water which runs through, or is in any land belonging to a dwelling house of any person being the owner of the water, or having a right of fishing therein, misd. pun. accordingly. Stealing fish in any other water—Summary Conviction. Unlawfully and wilfully taking or destroying, or attempting to take or destroy, any fish in any water not being such as above mentioned, FISH-continued. c. 30. s.15. but being private property, or in which there 7&8G.4. But not to extend to angling in the day time. Id. If any person shall by angling, unlawfully and wilfully take or destroy, or attempt to take destroy any fish in any such water as first above mentioned, pen. on conv. before a J. P. forfeit and pay not ex. 57. Id. And if in such water second above mentioned, pen. on conv. as aforesaid, forfeit and pay not ex. 21. Id. If the boundary of any parish, township or vill, shall be on or by the side of any such water as before mentioned respectively, it shall be sufficient to prove that the offence was comm. either in the parish, township or vill named in the ind. or inf. or in any parish, township or vill adjoining thereto. Id. Nets, &c, may be seized.. If any person shall be found fishing, against the provisions of this act, the owner of the ground, water or fishery, where the offender shall be found, his servants, or any person authorized by him, may demand from the offender any rods, lines, hooks, nets or other 7&8 G.4. с 30. c. 29. FISH-continued. implements for taking or destroying fish then in his possession; and if the offender shall not immediately deliver them up, the same may be seized and taken from him by such owner, &c. Id. s. 35. Any person angling in the day-time against the provisions of this act, from whom any implements used by anglers shall be taken or delivered up as aforesaid, shall be exempted from the payment of any damages or penalty for such angling. Id. FIXTURES BELONGING TO BUILDINGS. Stealing or ripping, cutting or breaking with intent to steal, any glass or wood work belonging to any building whatever, or any lead, iron, copper, brass or other metal, or any utensil or fixture whatever made of metal or other material, respectively fixed in or to any building whatever, or any thing made of metal fixed in any land, being private property, or for any fence to any dwelling house, garden, or area; or in any square, street or other place dedicated to public use or ornament, fel. pun. the same as for simple larceny. 7 & 8 Geo. 4. c. 29. s. 44. In case any such thing fixed in any square, street or other like place, it is not necessary to allege the same to be the property of any person. Id. FLOOD GATES. Destroying. See Banks, p. 17. ante. FORCING SEAMEN ASHORE. If the master of any merchant vessel shall during 9 G. 4. his being abroad, force any man ashore, or wilfully leave him behind in any of his Majesty's colonies or elsewhere, or shall refuse to bring home, with him all such of the ment whom he carried out as are in a condition to return when he shall be ready to proceed on his homeward bound voyage, misd. pun. Impr. as the Ct. shall award; offs. to be prosecuted by indict. (a) or inf. at the suit of Atty. G. in the K. B. 9 Geo. 4. c. 31. s. 30. FORGERY. See Bank Notes, p. 17, ante. Custom relating to the, p. 35, ante. Marriage, post. Quarantine, post. Navy Pay Stamps, post. The party whose name is forged is a competent witness. See Evidence, p. 46, ante. FOREIGN SERVICE. See Enlisting in, p. 46, ante. FRUIT. (Summary Conviction.) Stealing from gardens, &c. If any person shall steal or destroy, or damage, with intent to steal, any plant, root, fruit or vegetable production growing in any garden, (a) The Ct. has no power to order costs of prosecution to be paid by the co. in this case. Car. C. L. p. 267. c. 31. 60 FRUIT FURZE. 7 & 8 G. 4. c. 29. FRUIT-continued. orchard, nursery-garden, hot-house, greenhouse or conservatory, pun. on conv. before a J. P. and at his disc. either comm. to the c. g. or H. C., there to be Impr. only, or Impr. and kept to H. L. not ex. 6 cal. m. or else forfeit and pay over and above the value of article or articles stolen, or the amount of injury done, not ex. 207. for the first off.; any subsequent off. is fel. pun. as for simple larceny. 7 & 8 Geo. 4. c. 29. FURIOUS DRIVING. (a) See Driving Furiously, p. 44, ante. See Fern, p. 55, ante. (a) Where death ensues from a collision of carriages. C. J. Best, in his charge to the Wilts grand jury, 1827, stated "that the collision of carriages might be either accidental or from the negligence of one or both of the drivers; and in such case it would be manslaughter. And he included within the term negligence, not only careless driving, but exciting the horses to such speed that they cannot be stopped or properly directed, the knowingly driving unbroken or vicious horses, overloading a coach, or using one that has not sufficient strength, or improper harness." If a man reckless of consequences, either from mere wantonness, or from an angry feeling against the proprietors of a rival coach, but intentionally drives one carriage against another, and thereby occasions the death of a person in either carriage, that is murder, although the driver did not contemplate so fatal an issue. Disguise it under what terms you will, whether it originates in rivalry, impatience, or mere wanton indifference to the safety of life, such furious driving manifests that atrocious wickedness of disposition which lawyers call malice prepense." |
