Page images

Forcible abduction of girls under 16 yrs. See

p. 1, ante.
Child stealing. See p. 26, ante.
Bigamy. See p. 10, ante.
Arresting clergymen during divine service, or go-

ing to or returning from. See p. 10, ante. INSOLVENT DEBTORS. A prisoner wilfully and fraudulently omitting in 76 4.

his schedule any effects or property what- c. 57.
soever, or retaining or excepting out of his
schedule, as wearing apparel, bedding, work-
ing tools and implements, or other necessa-
ries, property of greater value than 201. with
intent to defraud his or her creditors; and every
person aiding and assisting him (or her) (a)
to do so, on conv. to be deemed guilty of a
misd. pun. Impr. with H. L. not ex. 3 yrs.

7 Geo. 4. c. 57. s. 70.
Persons forswearing in any oath to be taken s. 71.

under this act, pun. as for perjury. Id.

s. 71. Quakers making false affirmations, incur and

shall suffer the same pen. as for perjury. Id. INTERPRETATION, General rule of, relating to any offence what- 7 & 8 G. 4.

e c. 29. ever, punishable upon ind. or summary juris. C. (a) The words “or her,” which no doubt were intended to have been inserted, are omitted in the statute.

[ocr errors]


under the 7 & 8 Geo. 4. c. 28. or any other

statute. . . . on In describing or referring to the offence or the

subject matter, on or with respect to which it shall be comm. or the offender, or the party affected or intended to be affected by the offence hath used or shall use words importing the singular number, or the masculine gender only, yet the statute shall be understood to include several matters, as well as one matter; and several persons, as well as one person; and females, as well as males ; and bodies corporate, as well as individuals ; unless it be otherwise specially provided, or there is something in the subject or context repugnant to such construction, and whenever any forfeit. or pen. is payable to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved. 7 & 8 Geo. 4.

c. 28. s. 14.
On indictment for felony without benefit of

Where a person is indicted for any offence for

which by this or any other statute or sta-
tutes made or to be made, the offender is or
shall be excluded from the benefit of clergy,

[ocr errors]
[ocr errors]


such person shall be equally excluded from 76.4.
the benefit of clergy whether conv. by verdict
or by confession, or upon arraignment shall
stand mute of malice, or will not answer di-
rectly to the charge, or shall challenge pe-
remptorily above the number of 20 of the
jury, or shall be outlawed upon the indict-
ment, although the statute or statutes taking
away the benefit of clergy, in any such case
may not expressly provide that the offender
shall be excluded from the benefit of clergy,
in case such offender shall confess or stand
mute, or not answer directly, or challenge
peremptorily above 20 of the jury or be out-
lawed. And this extends as well to accessa-
ries as to principals. 7 Geo. 4. c. 64. s. 7,

See Punishment, post.
Of death in capital cases. Sentence of death, post.
Justifiable Homicide. See Homicide, p. 72, ante.

[ocr errors]

Assaulting to prevent them working. See p. 14.
KILLING CATTLE. See p. 23, ante. See
Cattle, p. 23, ante.

. Unlawfully, and maliciously killing, maiming 7 & 86.4.

or wounding cattle, fel. pun. at the disc. c. 30. of the Ct. Tr. for life, or not less 7 yrs. or

[ocr errors]


Impr. not ex. 4 yrs. If a male, to be once,
twice, or thrice pub. or priv. whipped, in
add. to the Impr. (if the Ct. think fit.)
7 & 8 Geo. 4. c. 30. s. 16. See Cattle,

p. 23, ante.
Maiming cattle. See Maiming, post.
King's Storés. "
Stealing or embezzling His Majesty's am-

munition, sails, cordage, or naval or military
stores, or procuring, aiding, or abetting the
offenders, pun. Tr. for life, or not less than
7 yrs. or Impr. only, or Impr. with H. L. in
the com. g. or h. cor. not ex. 7 yrs." 15 G. 4.
c. 53.

[ocr errors]
[ocr errors]

LABOUR, HARD-Punishment of, in certain

cases of misd. .3 G. 4. c. 114. The Ct, may sentence an offender to Impr.

with H. L. for any term, not ex. the term for which the Ct. might before the passing of this act, Impr. for such offences either in add. to or in lieu of any other pun. which may be inflicted on offender by any law in force before this act, that is to say, attempt to commit fel, riot, uttering counterfeit mo

LABOUR, HARD-continued. ney, knowing the same to be counterfeit, 3G. 4.

c. 114. keeping a com. gaming, or bawdy or disorderly house, wilful and corrupt perjury, or subornation of perjury; having entered any open or inclosed ground, with intent illegally to destroy, take, or kill game or rabbits, or with intent to aid, abet and assist any person or persons illegally to destroy, take, or kill game or rabbits, and having been found at night armed with any offensive wea

pon. 3 Geo. 4. c. 114. LARCENY (a)—General Clauses (6). The distinction between grand and petty larceny . s. 2.

is abolished, and every larceny, whatever
may be the value of the property stolen, shall
be of the same nature, and subject to the
same incidents as grand larceny was before
the 1st July, 1827, and every Ct. whose
power as to the trial of larceny, was before
the 1st July, 1827, limited to petty larceny
shall have power to try every case of larceny,
the pun. of which cannot ex. the pun. for

(a) To constitute the offence of larceny, there must be a taking from the possession, a carrying away against the will of the owner, and a felonious intent to convert to the offend. er's use.

(6) The larceny consolidation act (7&8G.4.c. 29.) commenced 1 July 1827.

« PreviousContinue »