which letters were then and there sent and conveyed by the post, to wit, by the post from Altrincham, in the county palatine of Chester, for and towards Manchester, in the county palatine of Lancaster, divers, to wit, two letters sent by the post, to wit, by the post from Altrincham, in the county of Chester, that is to say, one letter for and to be delivered to certain persons at Newark, in Nottingham, that is to say, one William Caparn and one Walter Hare, and one other letter, against the form of the statute, &c. and against the peace, &c.

(3rd Count.) And the jurors, &c. that the said G. M. &c. afterwards, to wit, on the 21st day of January, in the 51st, &c. with force and arms, at Manchester, in the county palatine of Lancaster, feloniously did steal and take, from and out of a certain other mail in which letters and packets were then and there sent and conveyed by the post, to wit, by the post from Altrincham, in the county palatine of Chester, for and towards Manchester, in the county palatine of Lancaster, divers, to wit, two packets sent by the post, to wit, by the post from Altrincham, in the county palatine of Chester, that is to say, one packet for and to be delivered to certain persons at Newark, in Nottinghamshire, to wit, the said William Caparn and Walter Hare, and one other packet, against the form of the statute, &c. (4th Count.) And the jurors, &c. that the said G. M. &c. afterwards, to wit, on, &c. with force and arms, at M. in the county palatine of Lancaster, feloniously did steal and take from and out of a certain bag of letters, then and there sent and conveyed by the post, to wit, by the post from Altrincham, in the county palatine of Chester, for and towards M. in the county palatine of Lancaster, divers, to wit, two other letters sent by the post, to wit, by the post from Altrincham, in the county palatine of Chester, that is to say, one letter for and to be delivered to certain persons at Newark, in Nottinghamshire, that is to say, the said William Caparn and Walter Hare, and one other letter, against the form of the statute, &c.

(5th Count.) And the jurors, &c. that the said G. M. &c. on, &c. with force and arms at M. in the county palatine of Lancaster, feloniously did steal and take, from and out of a certain bag of letters then and there sent and conveyed by the post, to wit, by the post from Altrincham, in the county palatine of Chester, for and towards Manchester, in the county palatine of Lan

caster, divers, to wit, two other packets sent by the post, to wit, by the post from Altrincham, in the county palatine of Chester, that is to say, one packet for and to be delivered to certain persons at Newark, in Nottinghamshire, that is to say, the said William Caparn and Walter Hare, and one other packet, against the form of the statute, &c. and against the peace, &c.

93. Indictment under the stat. 5 G. 3. c. 14. s. 6 (0). for stealing conies from grounds used for the breeding and keeping of conies.

(Commencement as in pr. 1.)

Wilfully and wrongfully, in the night-time of the said day, that is to say, about the hour of ten in the night of the said day, did enter into a warren there situate, and then and there lawfully used for the breeding and keeping of conies, and then occupied by M. N. and did then and there wilfully and wrongfully take, in the night-time of the said day, that is to say, about the hour of ten in the night of the said day, thirty conies, of the price of 20 shillings, against the will of the said M. N. then and there being the occupier of the said warren, so as afore-said then and there lawfully used for the breeding and keeping of conies, to the great damage of the said M. N. against the form, &c. and against the peace, &c.

(0) The stat. enacts, that if any person or persons shall wilfully and wrongfully, in the night-time, enter into any warren or grounds lawfully used or kept for the breeding or keeping of conies, although the same be not inclosed, and shall then and there wilfully and wrongfully take or kill, in the night-time, any coney or conies against the will of the owner or occupier thereof, or shall be aiding or assisting therein, and shall be convicted of the same before any of his majesty's justices of oyer and terminer, or general gaol deli

very, for the county where such offence or offences shall be committed, every such person and persons so offending, and being thereof lawfully convicted, in manner aforesaid, shall and may be transported for the space of seven years, or suffer such other lesser punishment, by whipping, fine, or imprisonment, as the court before whom such person or persons shall be tried, shall in their discretion award and direct. See the stat. 3 J. 1. c. 13. 22 & 23 C. 2. c. 25. s. 4. 9 G. 1. c. 22.

(It may be proper to add a count for killing the conies, the language of which will be nearly the same with that of the first count.)

94. Indictment for stealing a gelding, under the stat. 2 & 3 E. 6. c. 33 (p).

One gelding, of the price of six pounds, of the goods and chattels of one J. D. then and there found and being, then and there feloniously did steal, take, and lead away, against the peace, &c.

95. Indictment under the stat. 5 G. 3. c. 14. for stealing fish out of a park or paddock.

That A. B. late of, &c. labourer, within six (7) calendar

months next before the day of the taking of this inquisition, to wit, on, &c. with force and arms, at, &c. unlawfully did enter into a certain paddock, then and there fenced in and inclosed, called D. park, of and belonging to M. N. and in which said paddock there then was a certain pond of water, and then and there, to wit, on the said, &c. at, &c. feloniously did steal, take, kill, and carry away certain fish (r), to wit, twenty fish called carp, of the price and value of 20 shillings, and thirty fish called tench of the price and value of 20 shillings, then and there bred, kept, and preserved in such pond of water, without the consent of the said M. N. the owner of the said pond and fish, against the form, &c. and against the peace, &c. (Add a count for destroying the fish preserved in the same pond.)

96. Indictment for felony, under the stat. 9 G. 1. c. 22 (s). for appearing armed and disguised, and stealing deer in an inclosed park.

(Commencement as in pr. 1.) Being armed with

or confessions, convicted of any such offence or offences as aforesaid, the person or persons so convicted shall be transported for seven years.

whatsoever, shall steal, take, or his or their own confession kill, or destroy any fish, bred, kept, or preserved in any such river, or stream, pond, pool, moat, stew, or other water aforesaid, without the consent of the owner or owners thereof; or shall be aiding or assisting in the stealing, taking, killing, or destroying any such fish, as aforesaid, or shall receive or buy any such fish, kuowing the same to be so stolen or taken, as aforesaid; and being thereof indicted within six calendar months next after such offence or offences shall have been committed, before any judge or justices of goal delivery for the county wherein such park or paddock, garden, orchard, or yard, shall be, and shall on such indictment be, by verdict,

(r) The fish may be described as being the prosecutor's property, but this is not necessary. See p. 182. and see Hunsdon's case, East. P. C. 611. where the fish were laid to be of the goods and chattels of the prosecutor; but it was bolden that the averment might be rejected as surplusage.

(s) By 9 Geo. 1. c. 22. s. 1. it is enacted, that if any person or persons, being armed with swords, fire-arms, or other of fensive weapons, and having his or their faces blacked, or

pistols and other offensive weapons, having their faces. blacked and disguised, with force and arms, at the parish

* This branch of the statute is repealed by the stat. 16 G. 3. c. 30. Davies's case, Leach, 306.; but, by the stat. 42 G. 3. c. 107. if any person shall course or hunt, or shall take in any slip, noose, toil, or suare, or shall kill, wound, or destroy, or shall shoot at, or otherwise attempt to kill, wound, or destroy, or shall carry away any red or fallow deer, in any forest, chase, purlieu, or ancient walk, whether inclosed or not, or in any enclosed park, paddock, wood, or other enclosed ground, where deer are, have been, or shall be, usually kept, without the consent of the owner, or without being otherwise duly authorised, or shall be aiding, abetting, or assisting therein or thereunto, every person so wilfully offending as aforesaid, in any of the cases above mentioned, shall be deemed and taken to be guilty of felony, and being lawfully convicted thereof, upon indictment, shall be adjudged to be transported for the term of seven years.