Odger's English Common Law

342 LARCENY.
The common law rule as to such animals still holds good on any indictment
for ordinary larceny, but the Larceny Act, 1861, contains provisions
(which are still in force) which minimise the inconvenience resulting from
the rule. Thus by sections 12 and 13 to " unlawfully and wilfully course,
hunt, snare or cany away, or kill or wound, or attempt to kill or wound,
any deer," which is kept in the enclosed part of any forest, chase or
purlieu, or in any enclosed land where deer are usually kept, is made a
felony punishable with imprisonment for two years ; if, however, the deer
be in an unenclosed place, a first offence is punishable summarily by
magistrates with a fine not exceeding £50, a second offence is an indict-
able felony punishable with imprisonment for two years. Section 17 of
the same Act makes it a criminal offence to unlawfully and wilfully take
or kill any hare or rabbit, or to set or use any snare or engine for the
taking of hares or rabbits in any warren or ground lawfully used for the
breeding or keeping of hares or rabbits, whether the same be enclosed or
not. The punishment varies according to the hour of the day or night at
which the offence is committed. To steal any dog is now a crime. A first
1 but any
offence of this kind is only punishable on summary conviction i
subsequent offence is an indictable misdemeanour punishable with imprisonment
for eighteen months. 2 Fish in any water, oysters, and birds and
animals ordinarily kept in a state of confinement or for any domestic
purpose, are similarly protected by ss. 21, 24 and 26 of the Act of 1861.
The Night Poaching Act, 1828, 3 the Game Act, 1831, 4 and the Poach-
ing Prevention Act, I860, 5 contain many provisions for the preservation' of
game and the punishment of poachers; one of these has been already
mentioned in an earlier chapter among offences against the public peace. 6
No prosecution will lie at common law for a mere trespass. Trespass in
pursuit of game, as defined by the Game Act, 1831, and trespass in pursuit
of woodcocks, snipe3, quails and landrails, are made criminal offences by
section 30 of that Act ;' trespass in pursuit of any other bird is in England
merely a civil wrong, for which only an action for damages will lie.
II.
The prosecution must prove that the goods were in the
possession of the person named in the indictment as their
owner. Such person need not, however, be the legal owner
of the goods. Against a thief, possession is prima facie
1 Larceny Act, 1861, s. 18.
a Larceny Act, 1916, 8, 5 (1\
8
<
«
9 Geo. IV. c. 69.
1 & 2 Will. IV. c. 32.
25 & 26 Vict. c. 114.
6 See ante, p. 184.
7 To constitute an offence under this section there must be a personal entry by the
trespasser ; sending a dog on to the land of another is
Martin, [1911] 2KB 90).
not within the section (Pratt v.