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at an infamous crime.

to commit any rape, or of any infamous crime, as herein-after defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security; every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the Punishment on conseas for life, or for any term not less than victio

| An ... viction. • . seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately, whipped (if the court shall so think fit), in addition to such imprisonment.

IX. And, for defining what shall be an in- What shall be deemed famous crime within the meaning of this Act, an be it enacted, That the abominable crime of buggery, committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, per. suasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abomina able crime, shall be deemed to be an infamous crime within the meaning of this Act. · X. And be it enacted, That if any person Şacrilege, when shall break and enter any church or chapel, capital. and steal therein any chattel, or having stolen any chattel in any church or chapel, shall break out of the same, every such offender, being convicted thereof, shall suffer death as a felon.

XI. And be it enacted, That every person Burglary, capital. convicted of burglary shall suffer death as a felon; and it is hereby declared, that if any person shall enter the dwelling house of an

other with intent to commit felony, or being in such dwelling house shall commit any fe

lony, and shall in either case break out of the Definition of.

said dwelling-house, in the night-time, such

person shall be deemed guilty of burglary. House-breaking and : XII. And be it enacted, That if any person stealing in a house, shall break and enter any dwelling-house, and when capital..

steal therein any chattel, money, or valuable security to any value whatever; or shall steal any such property to any value whatever in any dwelling house, any person therein being put in fear; or shall steal in any dwelling house any chattel, money, or valuable security to the value in the whole of five pounds or more; every such offender, being convicted

thereof, shall suffer death as a felon. 17 What buildings only XIII. Provided always, and be it enacted, are part of a house for That no building, although within the same capital purposes.

curtilage with the dwelling house, and occupied therewith, shall be deemed to be part of such dwelling house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall be a communication between such building and dwelling house, either immediate, or by means of a covered and inclosed pas.

sage leading from the one to the other langt Robbery in any build. XIV. And be it enacted, That if any person ing within the same shall break and enter any building, and steal curtilage as the house, therein any chattel, money, or valuable secupart of the house. rity, such building being within the curtilage

of a dwelling house, and occupied therewith, but not being part thereof according to the provision herein-before mentioned, every such

Offender, being convicted thereof, either upon viction.

an indictment for the same offence, or upon an indictment for burglary, housebreaking, or stealing to the value of fivé, pounds in a dwelling house, containing a separate count

Punishment on con

facture.

for such offence, shall be liable, at the disa cretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit, in addition to such imprisonment. ". XV. And be it enacted, That if any person Robbery in a shop, shall break and enter any shop, warehouse, or warehouse, or count

ing-house. counting house, and steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as herein-before last mentioned.

ŠVI. And be it enacted, That if any person Stealing certain goods shall steal, to the value of ten shillings, any in

y in process of manugoods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place; every such offender, being convicted" thereof, shall be liable to any of the punishments which the Court may award as herein-before last mentioned. LXVII. And be it enacted, That if any person Stealing goods from a shall steal any goods or merchandize in any vessel in a port, river, vessel, barge, or boat of any description what. of canal, &c. soever, in any port of entry or discharge, or upon any navigable river or canal, or in any creek 'belonging to or communicating with any such port, river, or canal, or shall steal any goods or merchandize from any dock, whart, or quay adjacent to any such port, river, canal, or creek, every such offender,

being convicted thereof, shall be liable to any of the punishments which the court may award

as herein-before last mentioned. .. Plundering or stealing i. XVIII. And be it enacted, That if any per. any part of the tackle son shall plunder or steal any part of any ship or cargo of a shipwrecked vessel.

or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, every such offender,

being convicted thereof, shall suffer death as Proviso, if articles a felon: Provided always, That when articles stolen without circum- of small value shall be stranded or cast on stances of cruelty, &c.

shore, and shall be stolen without circumstarces of cruelty, outrage, or violence, it shall be lawful to prosecute and punish the offender as for simple larceny; and in either case the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next

adjoining. Persons in possession XIX. And be it enacted, That if any goods, of shipwrecked goods merchandize, or articles of any kind, belongnot giving a satisfactory account.*

ing to any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, shall, by virtue of a search warrant, to be granted as herein-after mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner ** See s. 63, post, p. 104. As to the apprehension of offender without a warrant. And as to justice granting search-warrant. And s. 66, 7, post, p. 106, 7. As to application of forfeitures and penalties on summary convictions, and power of justice to imprison in case of non-payment.

over and she justice, "shxiction of

"

thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. * XX. And be it enacted, That if any person If any person offers shall offer or expose for sale any goods, mer- shipwrecked goods for chandize, or articles whatsoever, which shall be seized reco

of choi sale, the goods may have been - unlawfully taken, or reasonably suspected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or And possession not articles, then the same shall, by order of the satisfactorily accountjustice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascerfained by the justice) to the person who seized the same ; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. - XXI. And be it enacted, That if any person The stealing, &c. of shall steal, or shall for any fraudulent purpose records and other pro

rany iraudulen, purpos ceedings of Courts of take from its place of deposit for the time justice."

ed for.

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