of the title or part of the title of J. N. to the real estate mentioned in the indictment, or part of it, which may be done by producing the instrument, or giving secondary evidence of it, (see ante, p. 112), and by shewing how J. N. claims the estate. Prove also, that, at the time of the larceny, J. N. had a present interest, legal or equitable, in the real estate, of his title to which the written parchment is evidence. The words of the statute are "present interest," which were probably used in contradistinction to a contingent interest, which may never be realized, and were intended to mean a possession or perception of rents or profits by the prosecutor or his trustee, or the immediate right thereto. No person can be convicted of this offence by any evidence whatever in respect of any act done by him, if at any time previously to his being indicted for the offence he shall have disclosed such act on oath in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding, which shall have been bonâ fide instituted by any party aggrieved; or if he shall have disclos- [ *205 ] ed the same in any examination or deposition before commissioners of bankrupt." 7 & 8 G. 4, c. 29, s. 24, (ante, p. 202). * STEALING, OR SEVERING WITH INTENT TO STEAL, ORE, &c., FROM A MINE. Statute. 7 & 8 G. 4, c. 20, s. 37]-Enacts, that if any person shall steal or sever with intent to steal, the ore of any metal, or any lapis calaminaris, manganese or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal, from any mine, bed, or vein thereof, respectively, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. (Ante, p. 168). Indictment. Commencement as ante, p. 169]-twenty pounds weight of copper ore, ("the ore of any metal, or any lapis calaminaris, manganese or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal"), of the value of twenty shillings, the property of J. N., in a certain mine of copper ore ("mine, bed, or vein thereof respectively") of the said J. N., there situate, then and there being found, from the said mine then and there feloniously did steal, take, and carry away [or, felo niously did sever, with intent the same then and there feloniously to steal, take, and carry away]; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. An indictment alleging that the defendants, being persons employed in a mine, in the parish of &c., in the county of Cornwall, on &c., at &c., did steal certain ore, the property of the adventurers in the said mine, then and there being found, does not sufficiently shew that the ore was stolen from the mine, within this statute. Reg. v. Trevenner, 2 M. & Rob. 476. Felony, transportation for seven years, or imprisonment not exceeding two years, (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, s. 4, (ante p. 169), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante p. 169) ), and, if a male, to be once, twice, or thrice, publicly or privately whipped in addition to the imprisonment, if the court shall think fit. 7 & 8 G. 4, c. 29, 8. 37. Evidence. Prove a larceny of the ore, &c., as directed ante, p. 170 et seq., or, if a severance with intent to steal be alleged in the indictment, prove the severance and circumstances from which the jury may imply the intent. (See ante, p. 102). Prove, also, that the mine was at the time in the possession or occupancy of J. N., and is situate as described in the indictment. It is not larceny for miners employed to bring ore to the sur[*206] face, *and paid by the owners according to the quantity produced, to remove from the heaps of other miners ore produced by them, and add it to their own, in order to increase their wages, the ore still remaining in the possession of the owner. R. v. Webb, 1 Mood. C. C. 431. STEALING OR CUTTING TREES, &c. Statute. 7 & 8 G. 4, c. 29, s. 38]-Enacts, that, if any person shall steal, or shall cut, break, root up, or otherwise destroy or damage 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, or chard, or avenue, or in any ground adjoining or belonging to any dwelling-house, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound) shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; (ante, p. 168); and if any person shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively, growing elsewhere than in any of the situations hereinbefore mentioned, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of five pounds) shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. (Ante, p. 168). Indictment for stealing or cutting, &c., with intent to steal, Trees, &c., in Parks, &c., value above 11. Commencement as ante, p. 169]-one oak tree (the whole or any part of any tree, sapling, or shrub, or any underwood,") of the value of two pounds, the property of J. N., then and there growing in a certain park (“park, pleasure-ground, garden, orchard, avenue, or any ground adjoining or belonging to any dwelling-house") of the said J. N., there situate in the said park, then and there feloniously did steal, take, and carry away, [or feloniously did cut, (cut, break, root up, or otherwise destroy or damage”), with intent the same then and there feloniously to steal, take, and carry away, thereby then and there doing injury to the said J. N., to an amount exceeding the sum of one pound, to wit, to the amount of two pounds]; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. *If the indictment be for cutting, &c., with intent to steal, omit this allegation of value. Felony, transportation for seven years, or imprisonment not exceeding two years, (with or without hard labour for the whole or part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, 8. 4, (ante, p. 169), such confinement not exceeding one month at any *one time, nor three months in any one year, 7 W. 4, and [ *207 ] 1 Vict. c. 90, s. 5, ante, p. 169), and, if a male, to be once, twice, or thrice publicly whipped, in addition to the imprisonment, if the court shall think fit. 7 & 8 G. 4, c. 29, s. 38. Evidence. Prove a larceny of the trce, as directed ante, p. 170 et seq.; or, if the indictment allege that the defendant cut &c. the tree with intent to steal it, prove the cutting, &c., as stated in the indictment, and circumstances from which the jury may infer the intent. (See ante, p. 102). In the former case, the value of the tree, and in the latter, the amount of the injury done, must be proved to exceed the sum of 11. But, if several trees be stolen or cut at the same time, and the value or injury done exceed that amount in the aggregate, it will be sufficient. Prove that the tree, &c., stolen or cut, &c., was at the time growing in a park, &c., belonging to or in the occupation of J. N., and situate as described in the indictment. The words "adjoining any dwelling-house" import actual contact; and therefore, ground separated from a house by a narrow walk and paling, wall, or gate, is not within their meaning. R. v. Hodges, Moo. & M. 341. Indictment for stealing or cutting, Sc., with intent to steal Trees, &c., growing elsewhere, value above 51. Commencement as ante, p. 169]-one ash tree ("the whole or any part of any tree, sapling, or shrub, or any underwood"), of the value of six pounds, the property of J. N., then and there growing in a certain close (“elsewhere, than in a park, pleasure-ground, garden, orchard, avenue, or any ground adjoining or belonging to any dwelling-house"), of the said· J. N., there situate, in the said close then and there feloniously did steal, take, and carry away [or, feloniously did cut ("cut, break, root up, or otherwise damage or destroy"), with intent the same then and there feloniously to steal, take, and carry away; thereby then and there doing injury to the said J. N. to an amount exceeding the sum of five pounds, to wit, to the amount of six pounds]; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. *If the indictment be for cutting, &c., with intent to steal, &c., omit this allegation of value. Felony, see the last precedent. 7 & 8 G. 4, c. 29, s. 38, (ante, p. 206). Evidence. Prove a larceny of the tree, as directed ante, p. 170 et seq.; or, if the indictment allege that the defendant cut, &c. the tree with intent to steal it, prove the cutting, as stated in the indictment and circumstances from which the jury may infer the intent. (See ante, p. 102). In the former case the value of the tree, and, in the latter, the amount of injury done, must be proved to exceed the value of 51.; but if several trees be stolen or cut at the same time and the value or injury done in the aggregate exceed that amount, it will be sufficient. [ *208 ] Prove that the close in which the tree was stolen or cut be longed to, or was in the occupation of, J. N., and was situate as described in the indictment. It is not necessary to prove that the close was not a park, &c. STEALING OR CUTTING TREES, AFTER TWO PREVIOUS CONVICTIONS. Statute. 7 & 8 G. 4, c. 29, s. 39]-Enacts, that if any person shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, wheresoever the same may be respectively growing, the stealing of such article or articles, or the injury done, being to the amount of a shilling at the least, every such offender, being convicted before a justice of the peace shall, for the first offence, forfeit and pay, over and above the value of the article or articles stolen, or the amount of the injury done, such sum of money, not exceeding five pounds as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences and shall be convicted thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. (Ante, p. 168). Sect. 74]-Enacts, that every justice of the peace, before whom any person shall be convicted of any offence against this act, shall transmit the conviction to the next court of general or quarter sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against, until the contrary be shewn. |