mitted, 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.

Indictment, after Two previous Convictions, for cutting Trees, &c. wheresoever growing, Value 1s.

Commencement as in the precedent, ante, p. 208, stating the two previous convictions to the end]-And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. S., late of the parish aforesaid, in the county aforesaid, labourer, afterwards, and after he had been so twice convicted as aforesaid, to wit, on the third day of August, in the year last aforesaid, at the parish aforesaid, in the county aforesaid, one other elm tree, ("the whole or any part of any tree, sapling, or shrub, or any underwood,") the property of J. N., then and there growing, feloniously, unlawfully, and maliciously did cut and damage, ("cut, break, bark, root up, or otherwise destroy") *thereby then [* 348 ] aud there doing injury to the said J. N. to the amount of two shillings; 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. See the last precedent but one. 7 & 8, G. 4, c. 30, s. 20.

Evidence.

Prove the two previous convictions by an examined or certified copy. (See ante, p. 125; 7 & 8 G. 4, c. 30, s. 40, supra). Prove the identity of the defendant; and prove that he cut and damaged the tree, the property of J. N.; prove that it was done maliciously; (see ante, p. 314); and prove that the damage exceeds 1s.

DESTROYING PLANTS, &c.

Statute.

7 & 8 G. 4, c. 30, s. 21]-Enacts, that if any person shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery, ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion

of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seen meet; and if any person so 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 any of the punishments which the court may award for the felony hereinbefore last mentioned. (s. 19, ante, p. 345).

Indictment after a previous Conviction, for destroying Plants, &c., in a Garden, &c.

Commencement as in the precedent, ante, p. 208, setting out the conviction to the end]-And the jurors aforesaid, upon their oath aforesaid, do further present, the said J. N., late of the parish of B., in the county of M., labourer, afterwards, and after he was so convicted as aforesaid, on the third day of August, in the year aforesaid, at the parish of B., in the said county of M., twenty pounds weight of grapes, (“ any plant, root, fruit, or vegetable production") of the value of five shillings, the property of J. N., in a certain garden, (“in any garden, orchard, nursery-ground, hothouse, greenhouse, or conservatory"), of the said J. N., there situate, then and there growing, then and there feloniously, unlawfully, and maliciously did destroy, ("destroy, or damage with intent to destroy"); against the form of the statute in such case made [ *349 ] and provided, *and against the peace of our lady the Queen, her crown and dignity.

Felony. See the last precedent but two. 7 & 8 G. 4, c. 30, s. 21.

Evidence.

Prove the former conviction by an examined or certified copy, (ante, p. 125), and the identity of the defendant. Prove the second offence stated in the indictment; that the defendant destroyed the grapes; that they were, at the time, growing in the garden of J. N., situate as described in the indictment; and that the offence was committed maliciously. (See ante, p. 314).

The words "plant" or "vegetable production" do not apply to young R. v. Hodges, M. & M. 341. (See ante, p. 211).

trees.

DESTROYING OR DAMAGING WORKS OF ART, &c., IN MUSEUMS, &c.

Statute.

8 & 9 Vict. c. 44, s. 1]-Enacts, that from and after the passing of this act, every person who shall unlawfully and maliciously destroy or damage any thing kept for the purposes of art, science, or literature, or as an object of curiosity, in any museum, gallery, cabinet, library, or other repository, which museum, gallery, cabinet, library, or other repository is, either at all times, or from time to time, open for the admission of the public, or of any considerable number of persons, to view the same, either by permission of the proprietor thereof, or by the payment of money before entering the same, or any picture, statue, monument, or painted glass, in any church or chapel, or other place of religious worship, or any statue or monument exposed to public view, shall be guilty of a misdemeanor, and being duly convicted thereof, shall be liable to be imprisoned for any period not exceeding six months, and if a male, may, during the period of such imprisonment, be put to hard labour, or be once, twice, or thrice privately whipped, in such manner as the court before which such person shall be tried shall direct.

Sect. 2-Malice against the Owner not necessary]-Enacts, that every punishment imposed on any person for an offence against this act shall apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the thing damaged or destroyed,

or not.

Sect. 3-Apprehension of offender]-Enacts, that any person found committing any offence against this act may be immediately apprehended, without a warrant, by any other person, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law.

Sect. 4-Not to affect Right of Action]-Enacts that nothing herein contained shall be deemed to affect the right of any [ *350 ] person to recover by action at law damages for the injury so

committed.

Sect. 5-Accessaries]-Enacts, that every person who shall abet, counsel, or procure the commission of any offence against this act, shall be punished as a principal offender.

SECT. 7.

FORGERY.

FORGERY GENERALLY.

Statutes.

2 & 3 W. 4, c. 123, s. 3—Form of Indictment for Forgery]-In order to prevent justice from being defeated by clerical or verbal inaccu racies, enacts, that in all informations or indictments for forging or in any manner uttering any instrument or writing, it shall not be necessary to set forth any copy or fac-simile thereof, but it shall be sufficient to describe the same in such manner as would sustain an indictment for stealing the same; any law or custom to the contrary notwithstanding.

11 G. 4 & 1 W. 4, c. 66, s. 24-Venue for Forgery]—Enacts, that if any person shall commit any offence against this act, or shall commit any offerce of forging or altering any matter whatsoever, or of offering, uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case shall be indictable at common law, or by virtue of any statute or statutes made or to be made, the offence of every such offender may be dealt with, indicted, tried, and punished, and laid and charged to have been committed, in any county or place in which he shall be apprehended or be in custody, as if his offence had actually been committed in that county or place; and every accessary before or after the fact to any such offence, if the same be a felony, and every person aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, may be dealt with, tried, indicted and punished, and his offence laid and charged to have been committed, in any county or place in which the principal offender may be tried.

Sect. 28-Criminal Possession and Intent-Explanation of Terms used]-Declares and enacts, that where the having any matter in the custody or possession of any person is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter

in any dwelling-house or other building, lodging, apartment, [351] *field or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such

person shall be deemed and taken to have such matter in his custody or possession, within the meaning of this act; and where the committing any offence with intent to defraud any person whatsoever is made punishable by this act, in every such case the word "person" shall throughout this act be deemed to include his majesty or any foreign prince or state, or any body corporate, or any company or society of persons not incorporated, or any person or number of persons whatsoever who may be intended to be defrauded by such offence, whether such body corporate, company, society, person, or number of persons shall reside or carry on business in England or elsewhere, in any place or country whether under the dominion of his majesty or not; and it shall be sufficient in any indictment to name one person only of such company, society, or number of persons, and to allege the offence to have been committed with intent to defraud the person named, and another or others, as the case may be.

Sect. 30-Forging and uttering in England Instruments made and payable out of England, and vice versâ]-Provides, declares, and enacts, that where the forging or altering any writing or matter whatsoever, or the offering, uttering, disposing of, or putting off any writing or matter whatsoever, knowing the same to be forged or altered, is in this act expressed to be an offence, if any person shall, in that part of the United Kingdom called England, forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any such writing or matter, in whatsoever place or country out of England, whether under the dominion of his majesty or not, such writing or matter may purport to be made, or may have been made, and in whatever language or languages the same or any part thereof may be expressed, every such person, and every person aiding or abetting, or counselling such person, shall be deemed to be an offender within the meaning of this act, and shall be punishable thereby in the same manner as if the writing or matter had purported to be made, or had been made, in England: and if any person shall in England forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bill of exchange, or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange, or promissory note for the payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money, or any deed, bond, or writing obligatory for the payment of money, (whether such deed, bond, or writing obligatory shall be made only for payment of money, or for the payment of money together with some other purpose), in whatever place or country out of England, whether under the dominion of his majesty or not, the money payable or secured by such bill, note, undertaking, warrant, order, deed, bond, or writing obligatory, may