stealing any dog, beast or bird kept in confinement, not being subject of larceny, penalty first offence (over and above the value) not exceeding 201. 7 & 8 G. 4. c. 29. s. 31. p. 84 second offence, imprisonment not exceeding 12 calendar months, with whipping, id. ibid. person found in possession of stolen dog or bird, &c. by virtue of search warrant, liable to same punishment as for stealing any dog, &c. id. s. 32. p. 84, 5 DOVE. See tit. " "PIGEON." DWELLING HOUSE.
Breaking into, and stealing in, when capital, 7 & 8 G. 4. c. 29. s. 12. p. 74 punishment for, id. ibid.
what buildings only are part of, for capital purposes, id. s. 13. p. 74 when illegal to set spring gun, &c. in, for protection of, 7 & 8 G. 4. c. 18. s. 4. p. 31
clerk or servant receiving money, &c. on master's account, and embezzling it, shall be deemed to have feloniously stolen it, 7 & 8 G. 4. c. 29. s. 47, p. 93,4 punishment, id. ibid. three distinct acts of, if committed within six months, may be included in indictment, id. s. 48. p. 94,5 as to allegation, proof, and value of property embezzled, id. ibid. if banker, merchant, broker, attorney, or other agent, em- bezzle money intrusted to them to be applied to special purpose, misdemeanor, 7 & 8 G. 4. c. 29. s. 49. p. 95, 6 punishment, id. ibid. if banker, &c. sell or negociate any chattel, &c. intrusted to him for safe custody, &c. or for any special purpose, misdemeanor, id. ibid. punishment, id. ibid.
not to affect trustee or mortgagee or banker, &c. receiving money due on securities, or dispos- ing of securities on which they have a lien, id. s. 50. p. 96, 7
ESTREAT. of recognizances. See tit. "RECOGNIZANCE." EXAMINATIONS.
taken on charge of felony or misdemeanor to be subscribed by justice, and delivered to officer of court, 7 G. 4.
c. 64. s. 2, 3. p. 2, 3, 4
inquisition of murder or manslaughter to be subscribed by coroner, and delivered,
in cases of felony, court may order payment of to prosecutors and witnesses, of preferring indictment, 7 G. 4. c. 64. s. 22. p. 15, 16
of attending before examining magistrate,
for trouble and loss of time,
allowance of, to persons attending on recognizance, when
allowance of, in cases of assault with intent to commit felony, 7 G. 4. c. 64. s. 23. p.16, 17
attempt to commit felony, riot,
misdemeanor for knowingly receiving stolen
assault upon peace officer in execution of duty, person acting in aid of such officer,
neglect or breach of duty as a peace officer,
assault in pursuance of conspiracy to raise wages, obtaining property by false pretences, indecent exposure of person,
id. ibid.
property id. ibid.
to be made upon treasurer of county, &c. how to be paid in places not contributing to county rate, id. s. 25. p. 18, 19
sessions to make regulations as to rate of, id. s. 26. p. 19 of prosecutions in Admiralty Court. See tit. "ADMIRALTY." EWE. See tit. "CATTLE."
or agent pledging for his own use any goods or documents relating to goods, intrusted to him for purpose of sale, guilty of misdemeanor, 7 & 8 G. 4. c. 29. s. 51. p. 97 punishment, id. ibid. not to extend to cases when pledge does not exceed amount of lien, id. ibid.
FALSE PRETENCES. Obtaining any chattel, &c. under, misdemeanor, 7 & 8 G.4. c. 29. s. 53. p. 98, 9 no acquittal on ground that offence amounts to larceny,
indictment for, not removable, party tried for misdemeanor, not liable to be prosecuted upon same facts for larceny,
FELONY. See tit. "RECEIVERS," "SECURITIES,
party taken on charge or suspicion of, when bailable and when not, 7 G. 4. c. 64. s. 1. p. 1, 2 power of justices to bail persons charged with, id. s. 1, 2. p. 1, 2, 3 duty of justices on bailing or committing persons charged with, id. ibid. before persons charged with, or on suspicion of, shall be bailed or committed, justices shall take down examin- ation in writing, and bind witnesses by recognizances to appear at the trial, id. s. 2. p. 2, 3
without or within benefit of clergy, provided for, under all circumstances consequent on the indictment, id. s. 7, 8. p. 5, 6, 7
in cases of, court may order payment of expences of prose- cution, id. s. 22. p. 15, 16
indictment for, effect of plea of not guilty to, 7 & 8 G. 4. c. 28. s. 1. p. 62
refusal to plead to, id. s. 2. p. 62-3 challenge of jury on trial of, beyond legal number, void, id. s. 3. p. 63
benefit of clergy abolished with respect to persons convicted of, id. s. 6. p. 63-4
what person convicted of, shall suffer death, id. s. 7. p. 64 not punishable with death, how to be punished, id. ibid. punishment of, when no punishment specially provided, id. s. 8. p. 64
if person under sentence of, for another crime, is convicted of felony, court may pass a second sentence to com- mence after expiration of first, id. s. 10. p. 65 punishment for, after previous conviction, id. s. 11. p. 65-6 form of indictment for, after previous conviction, id. ibid. what shall be evidence of previous conviction. id. ibid. punishable under 7 and 8. G. 4. c. 29. court may add so- litary confinement, in addition to imprisonment, 7 & 8 G. 4. c. 29. s. 4. p. 70, 71 principals in second degree, and accessory before the fact, how punishable, 7 & 8 G. 4. c. 29. s. 61. p. 103. c. 30. s. 26. p. 130 maliciously cutting, &c. goods, or articles of silk, woollen, linen or cotton, &c., or frame-work, knitted piece, stock- ing hose, or lace, being in loom or frame, or on any machine or engine, &c. felony, 7 and 8 G. 4. c. 30. s. 4. p. 117 maliciously cutting, &c. any warp, or shute of silk, woollen, linen or cotton, or any loom, frame, machine, &c. fixed, felony, id. ibid. entering by force into houses, &c. with intent to commit aforesaid offences, felony, id. ibid. punishment, id. ibid.
maliciously cutting, &c. any threshing machine, or machines, &c. employed in manufacture (except mannufacture of silk, &c.), felony. 7 & 8 G. 4. c. 30. s. 4. p. 117 punishment, id. ibid. Rioters demolishing, &c. church, chapel, or house, stable, coach-house, outhouse, warehouse, office, &c. or any machine in any manufactory or mine, guilty of, id. s. 8. p. 119
FENCE. See tit. "FIXTURES."
stealing, cutting, breaking, &c. with intent to steal, part of any live or dead fence, wooden post, pale, or rail set up as fence, or any stile or gate, first offence (above value of article stolen) penalty not exceeding 5l.
7 & 8 G. 4. c. 29. s. 40. p. 89, 90
second offence, commitment not exceeding 12 ca- lendar months, and whipping in addition, id. ibid. persons found in possession, by virtue of any search war- rant, of any live or dead fence, &c. of value of 2s. at least, if not satisfactorily accounted for, penalty not exceeding 21. over and above value, &c. id. s. 41. p. 90 cutting, breaking, throwing down, or destroying any fence or any wall, stile, or gate, first offence over and above amount of injury, penalty not exceeding 5l. 7 & 8 G. 4. c. 30. s. 23. p. 128 second offence, commitment not exceeding twelve calendar months and whipping in ad- dition, id. ibid.
FERN. See tit. "SETTING FIRE."
Taking or destroying fish in water belonging to dwelling
house, misdemeanor, 7 & 8. G. 4.
c. 29. s. 34. p. 85-6 in any private fishery else- where, penalty not exceeding id. ibid.
angling in day-time in water belonging to dwelling house,
penalty not exceeding 51. id. ibid. in any private fishery elsewhere, pe- nalty not exceeding 21.
proof of offence where committed,
the tackle of persons offending may be seized by
owners, &c. id. s. 35. p. 86
in such case offender exempt from penalty, id. ibid.
FISHERY. See tit. "FISH."
Breaking down, &c. the dam of any fish-pond, &c. with intent to take or destroy fish, misdemeanor, 7 & 8 G. 4. c. 30. s. 15. p. 122-3
FIXTURES. See tit. " HOUSE-HUNDRED." stealing or ripping, &c. any glass or wood work belonging to any building, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, fixed in or to any building, or any thing made of metal, fixed in any land, being private property, or for a fence to a dwelling- house, &c. or in any square, &c. felony, 7 & 8 G. 4. c. 29. s. 44. p. 92-3 punishment, id. ibid.
when not necessary to allege the same to be the property
FLOODGATE. See tit. "Lock."
FOREST. See tit. " DEER."
application of money forfeited on summary conviction, 7 & 8 G. 4. c. 29. s. 66. p. 106-7 c. 30. s. 32. p. 133 when payable to party aggrieved, may be paid
to body corporate, 7 & 8 G. 4. c. 28. s. 14.
proceedings on non-payment of, 7 & 8 G. 4. c. 29. s. 67. p. 107-8. - c. 30. s. 33. p. 134
FRUIT. See tit. "GARDEN."
FRANCHISE. See tit. "HUNDRED."
FURNITURE. See tit. "HUNDRED." FURZE. See tit. "SETTING FIRE."
GARDEN. See tit. "VEGETABLE PRODUCTIONS."
stealing or cutting, &c. with intent to steal the whole or part of any tree, sapling, shrub, or underwood, growing in any park, pleasure-gound, orchard, avenue, or ground belonging to dwelling house, if value exceed 1. felony, 7 & 8 G. 4. c. 29. s. 38.
p. 88 punishment, id. ibid. the whole or part of any tree, &c. growing else- where, if value exceed 57. felony, id. ibid. punishment, id. ibid. the whole or part of any tree, &c. wherever grow- ing, to amount of 1s. at the least; first offence, over and above value, &c. penalty not exceed- ing, 57. id. s. 39. p. 88-9 second offence, commitment not exceeding 12 calendar months, and whipping in addition, id. ibid.
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