of 1s. a capital felony. Stealing cows, be found guilty by verdict, or shall confess the same on &c. of the value his arraignment, or will not answer directly, or stand mute, or peremptorily challenge above 20 jurors, or shall be outlawed upon the same indictment; and also every person who shall be accessary before or after to any of said facts, shall suffer death without benefit of clergy. Provided (s. 4.) that where any person shall be lawfully convicted of the stealing of cows, bulls, oxen, steers, or heifers, not exceeding 2, or of the stealing of calves, only burnt in the sheep or lambs, not exceeding 10, on all indictments s. 1. In what cases such offenders hand and im prisoned. that shall be preferred at one and the same assizes, or sessions of oyer and terminer or gaol delivery, or in the same term in the king's bench, in case the justice. before whom such person shall be convict, shall, upon the application of the grand jury of the county at the said tern, assizes, or sessions, by presentment in writing for the purpose, think him a fit object of mercy, then he that shall be so convict shall be burned in the hand only; and after such burning in the hand he shall be enlarged out of prison, unless such justice shall, for further correction, think it convenient to detain him in prison for some longer time; which such justice, by rule: of court or warrant under his hand, is empowered to do, 17 Geo. 2. c 5. not exceeding a year's imprisonment. And the 17 Geo. 2. c. 5. Ir. further enacts, that every person who shall kill, cut open, or skin any bull, ox, cow, steer, bullock, &c. cattle with heifer, calf, sheep, or lamb, or any horse, mare, geldany part; and ing, colt, filly, ass, or mule, with an intent to steal the their accessaries whole or any part of the fat, flesh, skin, or carcass thereguilty capitaly. of, or shall thereout take the fat, or take away any part s. 1. Ir. Persons killing intent to steal before the fact, of the flesh, or carcass, or skin thereof, with an intent to steal the same; [or shall maliciously kill, maim, or wound, with an intent to destroy any one or more of the cattle aforesaid;] and his accessaries before the fact, and every person who shall receive or buy any tallow, fat, or suet, or the skin or carcass, or any part thereof, of any such beast, or other cattle aforesaid, from such offender, knowing the same to be so unlawfully taken, shall be guilty of felony without benefit of clergy. And · by s. 2. it shall be lawful for the grand-juries of the several several counties at the assizes, (and for the grand juries s. 2. Reward for dis 8. 3. covering accom s. 1. Ir. of the county of Dublin, and county of the city of Dublin, at their quarter sessions,) to raise by present- covering and ment, as other county charges are raised, such sum as convicting of fenders. they shall think fit, not exceeding £5. for each offender convicted of any of the offences aforesaid, to be paid as a reward to any person who shall discover and prosecute to conviction any such offender; and in case there shall be 2 or more concerned in the discovery or prosecuting to conviction such offender, the justice may distribute such money amongst such discoverers or prosecutors in such shares as he shall think fit. Provided (s. 3.) that if any person shall, within 10 days after such offence, and before his conviction, first discover one or more of his accomplices, Offenders disso as he or they be convicted, such offender shall plices, acquitted. be acquitted of such offence, and entitled to the reward, or such share thereof as any other discoverer might be entitled unto by virtue of this act. The 28 Geo. 3. c. 37. Ir. provides, that it shall be lawful for any consta- 28 Geo.3. c.97. ble, or other person, by warrant of any justice of peace, founded upon information on oath, to niake search in Constables, &c. all suspected houses, out-houses, and places, within the may search suspected houses, jurisdiction of such justice, for any sheep, hogget, or &c. for sheep, lamb, stolen or supposed to be stolen; and if such constable, &c. shall find any sheep, &c. so stolen, &c. or any mutton, mutton-fat, skin, or fleece of wool, of any sheep, lamb, or hogget so stolen, &c. in the possession, house, or out-house of any person so suspected of stealing the same, or receiving the same being stolen, he shall bring such suspected person before such justice of Persons in whose peace; and if such suspected person shall not make full such sheep, &c. shall be found, and clear proof to the satisfaction of such justice, that how dealt with such sheep, hogget, lamb, mutton, mutton-fat, skin or and punished. fleece of wool, or any of them were fairly and honestly bought, or otherwise come by, by such person, or given to him by the owner or proprietor thereof, and being convicted of the same, upon the oath of a witness, before such justice, he shall forfeit such sum not exceed ing £5. for every sheep, hogget, lamb, piece of mutton, mutton-fat, skin or fleece of wool, as to such jus # VOL. II. 3. S tice &c. possession, &c. Provise. Penalty for stealing dogs, or 1 when stolen. 10 Geo. 3.c.18. s. 1. Eng. tice shall seem reasonable, together with the charges previous to and attending such conviction, to be ascertained by such justice; or upon non-payment thereof, such justice shall commit such offender to the common gaol or house of correction of the county in which such offence shall be committed, by warrant, for any time not less than 3 weeks, nor exceeding 3 calendar months, or until the said penalty and charges shall be paid; one moiety of such penalty and charges to be paid to the informer, and the other to be divided by such justice, in equal portions, between the poor of the parish, and the constable or constables who shall appear to such justice to have been most active in carrying this act into execution. Provided (s. 2.) that nothing herein shall prevent any person not prosecuting under this act, from having such remedy as is provided by the laws now in being against sheep stealing.* By the 10 Geo. 3. c. 18. Eng. any person who shall selling, &c. them steal any dog of any kind from the owner thereof, or from any person entrusted by the owner with such dog; or shall sell, buy, receive, harbour, detain or keep any dog, knowing it to have been stolen as aforesaid; shall, upon being convicted upon the oath of a witness, or by his confession, before any 2 justices of peace for any county, &c. for the 1st offence, forfeit such sum noţ exceeding £30. nor less than £20. as to such justices shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justices; and in case such penalty shall not be forth with paid, such justices shall commit the offender to the common gaol, or house of correction, for any time not exceeding 12 nor less than 6 calendar months, or until the penalty and charges shall be paid: and if any per son shall be afterwards convicted of the like offence, he shall forfeit such sum not exceeding £50. nor less than £30. as to such justices shall seem meet, together with the The 19 & 20 Geo. 3. c. 37. Ir. authorized in like manner a search for lambs stolen, or suspected to be stolen; but by this statute the penalty upon persons not giving a satisfactory account of such lambs, is but to exceed 40s. and upon non-payment, such person to be imprisoned for any time not exceeding 6 months; and such penalty is by this act to be distributed between the informer and poor of the parish. 1 the charges previous to and attending such conviction, to be ascertained by such justices before whom he shall be so convicted; one moiety of such penalties to be paid to the informer, and the other to the poor of the Penalty how s. 2. those in whose parish where the offence shall be committed, and, upon tied. enforced and non-payment thereof, such justices shall commit the offender to the common gaol or house of correction, for any time not exceeding 18 nor less than 12 months, or until the penalty and charges shall paid; and such justices shall also order the offender to be publicly whipped within 3 days after such commitment, in the town wherein such gaol or house of correction shall be, between the hours of 12 and 1. And by s. 2. it shall be lawful for a justice of peace of any county, &c. upon Search for information, to grant a warrant to search for any dog dogs stolen. stolen; and in case such dog, or the skia thereof, shall upon such search be found, to take and restore such dog or skin to the owner; and the person in whose custody such dog or skin shall be found, (in case it shall appear that such person was privy to such dog having been Penalty for stolen, or that such skin was the skin of any dog stolen,) possession dogs shall be liable to the like penalties and punishments as found. persous convicted of stealing dogs are herein-before made subject to. By s. 3. all justices of peace are to s. 3. cause such convictions to be drawn in a form hereby pre- Form of conscribed, or in words to the same effect. any person shall think himself aggrieved by any thing done in pursuance of this act, such person may appeal Appeal to ses to the justices of peace at the next quarter session for the county, &c. wherein the cause of complaint shall arise, and within 4 days after the cause of complaint shall have arisen; such appellant giving 14 days notice in writing, of his intention to bring such appeal, and of the matter thereof, to the persons whose acts are complained against, and, within 2 days after such notice, entering into a recognizance before a justice of peace for such county, &c. with 2 sureties, conditioned to try such appeal, and abide the order of, and to pay such costs as shall be awarded by, the justices at such session : and the justices at such session, upon due proof of such notice being given as aforesaid, and of the entering into 3 S 2 But by s. 4. if such victions. s. 4. s. 1. ir. Penalty for stealing, &c. such recognizance, shall hear, &c. the matter of such appeal in a summary way, and award such costs to the party appealing or appealed against as said justices shall think proper; and the determination of such sessions shall be final; and no proceeding touching the conviction of any offender against this act, shall be quashed for want of form, or be removed by certiorari, or other writ or process, into any court of record at West17 Geo.3. c.34. minster. And by the 27 Geo. 3. c. 34. Ir. if any person shall steal any dog of any kind from the owner thereof, or from any person entrusted by the owner thereof with dogs in Ireland, such dog, or shall sell, buy, receive, harbour, detain or keep any dog, knowing the same to have been stolen as aforesaid, such person, upon being convicted before a justice of peace of the county, &c. wherein such offence shall be committed, or before the justices at the quarter sessions, or any adjournment thereof, (who shall summarily and finally hear and determine the same) upon the confession of the party, or upon the oath of any person, shall be punished by fine not exceeding £10.; and in case such fine shall not be paid, shall be imprisoned for any time not exceeding a month. And by s. 2. any person convicted a 2nd time of such offence, shall be fined a sum not exceeding £20. and in case Penalty for 2nd and 3rd offence. such fine shall not be paid, shall be imprisoned for any time not exceeding 3 months. And by s. 3. if any person shall be so convicted a 3rd time, he shall be committed to the house of industry, or house of correction, to be kept to hard labour for any time not exceeding 6 months. And by s. 4. if any person wilfully and unlawfully take and carry away, or poison and destroy, any mastiff or Punishment for other dog, such person, being convicted before a justice of peace for the county, &c. shall be committed to the house of correction of such county, &c. for 3 months. By s. 5. it shall be lawful for a justice of peace for any county, &c. upon information, to grant a warrant to search for any dog stolen, and if such dog, or the skin thereof, shall upon such search be found, to take and restore such dog or skin to the owner; and the person in whose custody such dog or skin shall be found, (in s. 2 & 3. s. 4. taking away or poisoning dogs. 3. 5. Search for stolen dogs. case |