Besides the offenses under the head of larceny which arc indictable, there are many cognate offenses which have been included in the same consolidation statute, but which are considered so far of a petty nature as not to merit the solemn punishment by indict ment, and are left to be punished summarily by justices of the peace. Thus, some offenses relating to wild animals and game are so treated; for example, hunting, carry ing away or killing deer in the uninclosed part of a forest or park is punishable by justices with a fine of and persons in possession of deer-skins, and not accounting for them, or setting snares for deer, incur a penalty of £20. Taking or killing, or setting snares unlawfully for hares or rabbits in inclosed ground by day, subjects the party to a penalty of £5. Stealing a dog is subject to a penalty of .£20 over and above the value of the dog; and having a stolen dog or its skin in one's possession, subjects to a penalty of S.:20. Stealing birds, beasts, or other animals ordinarily kept in a state of confine ment, or for any domestic purpose (not being fit for food), or willfully killing the same, with intent to steal, subjects to a penalty of £20, besides the value, or to six months' imprisonment. Killing or wounding house-doves or pigeons subjects the party to a penalty of £2, besides the value of the bird. Taking or destroying fish in a stream or
water which is private property, subjects the party to a penalty of £5, besides the value of the fish; and angling in the same induces a penalty of £2, besides seizure of the fishing tackle. Stealing trees and shrubs or underwood worth ls., subjects the party to a penalty of £5; so does stealing or destroying fences, or posts, wires, etc., used as such. Stealing fruit or vegetables from gardens, etc., subjects the party to a penalty of £20, besides the value, or to six months' imprisonment. Stealing cultivated roots or plants used for the food of man or beast, or for medicine, growing in fields, etc., subjects the party to a fine of 20s., besides the value, or to one month's imprisonment. Having shipwrecked goods knowingly in one's possession, or exposing the same for sale, sulijeets to a penalty of besides the value, or to six months' imprisonment. See LOST PROPERTY.
In Scotland, theft is distinguished into trifling theft or pickery, which is punishable with fine, imprisonment, or whipping. Simple theft was never a capital offense, unless aggravated, as theft by a trustee, theft of cattle, or of children. The punishment of theft in Scotland is left very much to the discretion of the court.