and fraudulently did retain (“shall fraudulently retain or wilfully secrete, or keep or detain, or being required to deliver up by any officer of the post office, shall neglect or refuse to deliver up") a certain post letter, the property of the postmaster-general, which ought to have been delivered to a certain other person, to wit, one, J. N., (or a post letter, or post letter bag, which shall have been sent"), 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. The property may be laid in the postmaster-general, 7 W. 4 & 1 Vict. c. 36, s. 40, (ante, p. 219.) As to the venue, see ante, p. 19.

Misdemeanor, fine, and imprisonment, 7 W. 4 & 1 Vict. c. 36, s. 31, with or without hard labour, for the whole or any part of the imprisonment, and with or without solitary confinement, Id. s. 42; such confinement not exceeding one month at any one time, nor three month in any one year. 7 W. 4 & 1 Vict. c. 90, s. 5, ante, p. 169).

Evidence.

This is a new provision, intended to meet the case of R. v. Mucklow, 1 Mood. C. C. 160, (ante, p. 187). Prove that the letter ought to have been delivered to J. N.; that it was delivered to the defendant, and was retained by him, as stated in the indictment. If the defendant

secretes, or keeps, or detains the letter after request [ *226] *to deliver it up by an officer of the post-office, it may be presumed that he does so wilfully, unless, at the time of the refusal to deliver it up, he gives some bonâ fide excuse for so doing. To make out a fraudulent retainer, however, it must be shewn, from the contents of the letter or other circumstances, that the defendant well knew the letter was not intended for him. It will be no defence that the letter or letter bag was found by the defendant, or any other person. 7 W. 4 & 1 Vict. c. 36, s. 31.

Indictment for procuring the Commission of Offences against the Post-Office.

Commencement as ante, p. 169]-—in the county aforesaid, unlawfully did solicit ("solicit or endeavour to procure") one J. S., then being a person employed by and under the post-office of the United Kingdom, unlawfully and contrary to his duty to open a post letter, the property of the postmaster-general, 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. From this and the foregoing precedents an indictment

may easily be framed for procuring the commission misdemeanor, punishable by the Post-Office Acts." ante, p. 19.

of any "felony or As to the venue, see

Misdemeanor, imprisonment not exceeding two years, 7 W. 4 & 1 Vict. c. 36, s. 36, with or without hard labour, for the whole or any part of the imprisonment, and with or without solitary confinement, Id. s. 42; 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).

Evidence.

Prove that the defendant solicited or endeavoured to procure the commission of the offence stated. It is immaterial whether the offence was completed or not.

STEALING FROM A WRECK.

Statule.

7 W. 4 & 1 Vict. c. 87, s. 8]-Enacts, that whosoever shall plunder or steal any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind, belonging to such ship or vessel, and be convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years.

Sect. 10-Place and Mode of Imprisonment]-Enacts, that where any person shall be convicted of any offence punishable under this act, for which imprisonment may be awarded, it shall be lawful for *the court to sentance the offender to be imprisoned, or to be [ *227 ] imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any proportion of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet.

Indictment.

Sussex, to wit:-The jurors for our lady the Queen upon their oath present, that, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, at the parish of, in the county aforesaid, a certain ship, (" any ship or vessel'), the property of a person or persons to the jurors aforesaid unknown, was stranded "in distress, or wrecked, stranded, or cast on shore"), and that J. S., late of the parish aforesaid, in the county aforesaid, labourer, then and there, with force and arms, ten pieces of oak plank, ("any part of any ship," &c.), of the value of five shillings, being parts of the said ship, [or, twenty pounds weight of cotton, ("any goods, merchandise, or articles of any kind”), of the value of twenty shillings, of the goods and merchandise of a person or persons to the jurors aforesaid unknown, belonging to the said ship, so then and there stranded as aforesaid, then and there feloniously did plunder, 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. You may add a second count, stating the ship to have been "in distress;" a third count stating the ship to have been "wrecked;" and a fourth count, stating the ship to have been "cast on shore." If the name of the ship be known, it should be stated in the indictment; and if the name of the owner be known, the ship should be described as his property. As to the venue, see ante, p. 19.

Felony, transportion for not more than fifteen nor less than ten years, or imprisonment, 7 W. 4 & 1 Vict. c. 87, s. 8, with or without hard labour, and with or without solitary confinement, such confinement not exceeding one month at any one time nor three months in any one year. Id. s. 10.

Evidence.

Prove that the ship or vessel in question was stranded or cast on shore, &c., as described in the indictment; if the name of the owner of the ship be stated, prove that she was his property; and prove the larceny of the goods as directed ante, p. 170 et seq., whilst she was stranded and cast on shore; that the goods were part of or belonging to the ship, as stated in the indictment; and if the name of the owner of the goods be stated, prove them to be his property.

HUNTING OR STEALING DEER IN INCLOSED PLACES. [ *228 ]

Statute.

7 & 8 Geo. 4, c. 29, s. 26]-Enacts, that if any person shall unlawfully and wilfully course, hunt, snare, and carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the inclosed part of any forest, chase, or purlieu, or in any inclosed land wherein deer shall be usually kept, 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); and if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the uninclosed part of any forest, chase, or purlieu, he shall for every such of fence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty pounds, as to the justice shall seem meet; and if any person, who shall have been previously convicted of any offence relating to deer, for which a pecuniary penalty is by this act imposed, shall offend a second time, by committing any of the offences hereinbefore last enumerated, such second offence, whether it be of the same description as the first offence or not, shall be deemed felony, and such offender, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. (Ante, p. 168).

Sect. 27]-Enacts, that if any deer, or the head, skin, or other part thereof, or any snare or engine for the taking of deer, shall, by virtue of a search-warrant to be granted as hereinafter mentioned, be found in the possession of any person; or on the premises of any person within his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by such deer, or the head, skin, or other part thereof, or had a lawful occasion for such snare or engine, and did not keep the same for any unlawful purpose, he shall, on conviction by the justice, forfeit and pay any sum not exceeding twenty pounds; and if any such person shall not, under the provisions afore said, be liable to conviction, then for the discovery of the party who actually killed or stole such deer, it shall be lawful for the justice, at his discretion, as the evidence given and the circumstances of the case shall require, to summon before him every person through whose hands such deer, or the head, skin, or other part thereof shall appear to have passed; and if the person from whom the same shall have been first received, or who shall have had possession thereof, shall not satisfy the justice

that he came lawfully by the same, he shall, on conviction by the justice, be liable to the payment of such sum of money, as is hereinbefore last mentioned.

Sect. 28]-Enacts, that if any person shall unlawfully and wilfully set or use any snare or engine whatsoever, for the purpose of taking or killing deer, in any part of any forest, chase, or purlieu, whether such part be inclosed or not, or in any fence or bank dividing the same from any land adjoining, or in any inclosed land where deer [ *229 ] *shall be usually kept, or shall unlawfully and wilfully desstroy any part of the fence of any land where any deer shall be then kept, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money not exceeding twenty pounds, as to the justice shall seem meet.

Indictment for hunting or stealing Deer in inclosed Places.

Commencement as ante, p. 169]-in the county aforesaid, in certain inclosed land (in the inclosed part of any forest, chase, or purlieu, or in any inclosed land where deer shall be usually kept"), there situate, in the occupation of J. N., wherein deer had been and then were usually kept, one fallow deer, of the price of forty shillings, the property of the said J. N., then and there kept and being, then and there in the said inclosed land, unlawfully, wilfully, and feloniously did hunt, kill, and carry away ("course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound"); 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.

Felony, punishable as simple larceny, 7 & 8 G. 4, c. 29, s. 26. (See ante, p. 168).

Evidence.

To support this indictment, you must prove the hunting, killing, or stealing of the deer, as stated in the indictment; that the land in which the offence was committed was at the time inclosed; in the occupation of J. N., situate as in the indictment; and that deer had been and then were usually kept therein.

Indictment for hunting or stealing Deer in uninclosed Places, after a previous Conviction.

Commencement as ante, p. 208, setting out the conviction to the words]