Indictment for assaulting Owner or Occupier, Game-keeper or Servant, &c. the Defendant having been found by Night on Land, armed with a Gun, &c. for the Purpose of destroying Game (9 G. IV. c. 69, s. 2).

[or, of -] there

The jurors, &c. present, that J. S. late of, &c. labourer, before the committing of the assault hereinafter mentioned, to wit, on, &c. [about the hour of ten on the night of the same day], at, &c. [viz. the parish in which the land, &c. is] by night, was unlawfully on certain land ["any land" in the act] called J. W. viz. the owner, or, in the occupation of H. H. or abutting on situate, armed with a certain gun, [or with a certain net, &c.] then and there for the purpose of illegally taking and destroying game there by night, and that the said J. S. was then and there found by night as aforesaid, unlawfully upon and in the said land by night as aforesaid, armed with a certain gun, then and there for the purpose of then and there unlawfully destroying game by night, by one S. S. [the act is "owner or occupier, or person having a right or reputed right of free warren or free chase thereon, or the lord of the manor or reputed manor wherein such land may be situate, or any game-keeper or servant of the persons herein mentioned, or any person assisting such game-keeper or servant"], the servant of the said J. W., the said S. S. then and there having lawful authority to seize and apprehend the said J. S. upon the said land hereinbefore mentioned, and that* the said J. S. with the gun aforesaid [or, state according to the fact any of the other weapons enumerated in the act], which he the said J. S. in both his hands then and there held, did then and there with force and arms, unlawfully assault and beat and offer violence towards the said S. S., the said S. S. then and there being lawfully authorized to seize and apprehend the said J. S. upon the said land, against the form of the statute, &c. and against the peace, &c. (b).

Indictment where the Defendant escaped from the Land and was

pursued (9 G. IV. c. 69, s. 2).

Same as last to the "the said J. S. then and there, from the said land did escape into a certain close there situate [ add its name if known] and the said J. N. did then and there pursue the said J. S. into the said last mentioned close for the purpose of seizing and apprehending him the said J. S. as aforesaid, he the said J. N. having then and there lawful authority as aforesaid so to do, and that he the said J. N. being then and there about to seize and apprehend the said J. S. for the offence aforesaid " [as in last precedent to the end].

The above may form one indictment, and may be joined with a count for a common assault (c).

Indictment for assaulting Deer-keepers. (See 7 & 8 G. IV.
c. 29, s. 29, ante, p. 280).

That A. B. late of, &c. with force and arms, at, &c. into a certain forest (d)

(b) See Reg. v. Curnock, 9 C. & P. 730, Gurney, B.

(c) R. v. Finacane, 5 C. & P. 551.

(d) "Forest, chase, purlieu whether inclosed or not, or any inclosed land where deer shall be usually kept," are the words

called [or into certain inclosed land in the occupation of J. W.], there situate, wherein deer had been and then were usually kept, unlawfully did enter with intent then and there unlawfully (e) to hunt deer there-(the words are, "hunt, course, wound, kill, snare, or carry away any deer") and that one J. N.-(the words are, "every person entrusted with the care of such deer, or any of his assistants, whether in his presence or not,") (ƒ), then and there being a person entrusted with the care of the deer in the said forest, &c. then and there being, then and there after the said A. B. had so entered into the said forest, &c. as aforesaid, did demand of and from the said A. B. a certain gun-(the words are, "gun, fire-arms, snare or engine, or any dog there brought for hunting, coursing, or killing deer,") which he the said J. S. then and there had in his possession, (or "a certain dog which he the said A. B. had then and there brought there for hunting and coursing the said deer,”) and that the said A. B. then and there failed to deliver up the said gun [or "firearms, snare," &c.] to the said J. N. and altogether refused so to do; and that upon the said A. B. then and there so failing and refusing to deliver up the said gun, &c. he the said J. S. did then and there lawfully attempt to seize and take the said gun, &c. from the said A. B., for the use of the owner of the said deer, as he lawfully might for the cause aforesaid; and that the said A. B. then and there with force and arms in and upon the said J. N. then and there being a person intrusted with the care of the deer with in the said forest, &c. as aforesaid, and then and there being in the due execution of his duty as aforesaid, and of the powers given to him in that behalf by the statute, in that case made and provided, unlawfully, violently, and feloniously did make an assault and him the said J. N. unlawfully and feloniously did beat and wound-(the words are "beat or wound") against the form of the statute, &c. and against the peace, &c.

(Second count.) That A. B. &c., &c. in and upon the said J. N., the said J. N. then and there being a person intrusted with the care of deer in certain inclosed land of J. W. there situate, wherein deer had been and then were usually kept, and then and there being in the due execution of the powers given to him in that behalf by a certain act made and passed in a certain session of parliament, which was held in the seventh and eighth years of the reign of King George the Fourth, intituled "an act for consolidating and amending the laws in England relative to larceny and offences connected therewith," unlawfully and feloniously did make an assault, and him the said J. N. then and there unlawfully and feloniously did beat and wound against the form, &c. and against the peace, &c. [This is a felony punished as simple larceny. See ante, p. 280.]

The act of the deer-keeper, on which the felony ensued, must be in due exercise of the powers given him by the act (g).

A game-keeper or other person properly authorized under 9 G. IV. c. 69, may apprehend a poacher without giving notice of his purpose, or calling on him to surrender (h), or announcing in what capacity

of 7 & 8 G. IV. c. 29, s. 26; as to forest, &c. being held to be "open or inclosed grounds," see ante, p. 280, note.

(e) Some forms here add "feloniously," but not in case of an entry on a forest, chase, or purlieu not inclosed.

Quære, however, as to using the word in any case.

See the act, ante, p. 280. (g) R. v. Amery, R. & Ry. 500. (h) R. v. Payne, 1 Mood. C. C. 378; R. v. Taylor, 7 C. & P. 266.

he apprehends him (h); and this whether he offends against section I only, or against section 9, by being out armed with two or more other persons (i).

Parties who find poachers in a wood need not intimate by words that they are gamekeepers, or come to apprehend: the circumstances are sufficient notice, and a person out poaching who sees a man run after him may fairly presume he so runs to take him; but if a servant of one who is neither owner of the land or of the manor comes to apprehend, and uses fatal violence in so doing, it would be murder (k).

If a man is lord of a manor which includes land of his, and also of another, a poacher may be apprehended in the last land by the servant of the lord (7).

By 7 & 8 Vict. c. 29, s. 1, all the pains, punishments, and forfeitures imposed by 9 G. IV. c. 69, upon persons by night unlawfully taking or destroying any game or rabbits in any land open or enclosed as therein. set forth shall be applicable to and imposed upon any person by night unlawfully taking or destroying any game or rabbits, or on any public road, highway, or path, or the sides thereof, or at any opening, outlets, or gates from any such land into any such public road, highway, or path in the like manner as upon any such land open or inclosed, and it shall be lawful for the owner or occupier of any land adjoining either side of that part of such road, highway, or path where the offender shall be, and the gamekeeper or servant of such owner or occupier, and any person assisting such gamekeeper or servant, and for all the persons authorized by the said act to apprehend any offender against the provisions thereof, to seize and apprehend any person offending against the said act or this act; and the said act, and all the powers, provisions, authorities and jurisdiction therein or thereby contained or given, shall be as applicable for carrying this act into execution, as if the same had been herein specially set forth.

2. Offence of killing Hares and Conies in the Night Time, in Grounds lawfully used for the breeding them.]-By 7 & 8 G. IV. c. 29, s. 30, it is enacted, "That if any person shall unlawfully and wilfully, in the night time (m), take or kill any hare or coney, in any warren or ground lawfully used for the breeding or keeping of hares or conies, whether the same be inclosed or not, every such offender shall

(h) R. v. Taylor, 7 C. & P. 266; R. v. Whitome, 3 C. & P. 394.

(i) R. v. James Ball, 1 Mood. C. C. 333.

(k) R. v. Davis, 7 C. & P. 787, Parke,

B.; R. v. Addison, 6 C. & P. 388.
(1) Rex v. Davis.

(m) Viz. night as in burglary, for 7 & 8 G. IV. c. 29 does not define what shall be deemed "night."

be guilty of a misdemeanour, and, being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully, in the day time, take or kill any hare or coney in any such warren or ground, or shall at any time set or use any snare or engine for the taking of hares or conies, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet: provided always, that nothing herein contained shall affect any person taking or killing, in the day time, any conies on any sea bank or river bank in the county of Lincoln, so far as the tide shall extend, or within one furlong of such bank." Under the act [5 G. III. c. 14, s. 6], for which this was substituted, and which extended only to rabbits, it was holden that the taking a rabbit in a snare was sufficient to constitute the offence, though the rabbit was neither killed nor taken away by the snarer(n); and the same principle of construction will apply to the more recent statute.

Indictment under 7 & 8 G. IV. c. 29, s. 30, for taking or killing Hares or Conies in Warrens, or Breeding-grounds, in the Night Time. That A. B. late of, &c. on, &c. in the night time, that is to say, about the hour of eleven o'clock in the night of the said day, at, &c. in a certain warren and ground of C. D. there situate, then lawfully used for the breeding and keeping of conies [or hares], ten conies [or hares] then and there being found, then and there in the said warren and ground unlawfully and wilfully did take [or kill, or “ take and kill," according to the fact]; against the form of the statute, &c. and against the peace, &c.

SECTION XVI.

INDECENCIES.

To this head may be referred all insults offered to magistrates in the discharge of their duty; and all violations of decency, as the publication or exhibition of indecent books or pictures, or the indelicate exposure of the person in public places. These, we have seen, are offences at common law, punishable by fine and imprisonment, as also under the vagrant act, see Ch. VIII. s. 4.

So also are offences against religion and public worship, as Sunday trading.

1. Offences against Religion and Public Worship.

2. Offences against the King, Government, and Magistrates.

3. Offences against Public Decency.

(n) R. v. Glover, R. & Ry. 269.

1. OFFENCES AGAINST RELIGION (0) AND PUBLIC WORSHIP.

Indictment at Common Law (o) for Nuisance in an open Profanation of the Lord's day, by keeping Shop.

That A. B. late of, &c. butcher, on, &c. and continually afterwards until the day of taking this inquisition, at, &c. was and yet is a common Sabbath-breaker and profaner of the Lord's day, commonly called Sunday, and that the said A. B. on, &c. being the Lord's day, and on divers other days and times, being the Lord's days, during the time aforesaid, at, &c. in a certain place there called, &c. did keep a common, public, and open shop, and in the same shop did then and on the said other days and times, being the Lord's days, there openly and publicly sell and ex