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N. B. The several facts mentioned in this act are not to be

taken as being
parts of the
same offence;
but are every of
them several of-

❝ be known, or of unlawful hunting in time of night, that then "the same person or persons so convict, to have like punition, as he or they should have if he or they were convict of felony."

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+ Sect. 2. By 9 Geo. 1. c. 22. made perpetual by 31 Geo. 2. c. 22. " If any person or persons, being armed with swords, firearms, or other offensive weapons, and having his or their faces "blacked, or being otherwise disguised, shall appear in any forest, "chase, park, paddock, or grounds inclosed with any wall, pale, or other fence, wherein any deer have been, or shall be usually, "kept; or in any high road, open heath, common, or down,-or "shall unlawfully and wilfully hunt, wound, kill, destroy, or steal "any red or fallow deer-or unlawfully rob any warren (a) or place "where conies or hares are usually kept;-or shall unlawfully "steal or take away any fish out of any pond or river. Or if any "person or persons (whether armed and disguised or not) shall 2 Bac. Ab. 614. "unlawfully and wilfully hunt, wound, kill, destroy, or steal any

fences.
Lord Hard.
wicke, B. R.
H. 219.
(a) C. Eliz.

548.

C. Jac. 195.

Entering

grounds to kill game, a misdemeanour subject to seven

years transpor tation or impri

sonment,

"red or fallow deer, fed or kept in any places in any of the king's "forests or chases, which are or shall be inclosed with pales, rails, "or other fences, or in any park, paddock, or grounds inclosed, "where any deer have been or shall be usually kept; or shall "forcibly rescue any person being lawfully in custody of any "officer or other person for any of the offences before-men"tioned; or, if any person or persons shall by gift or promise "of money, or other reward, procure any of his majesty's sub'jects to join him or them in any such unlawful act; every per"son so offending, being thereof lawfully convicted (in any county " in England) shall suffer death without benefit of clergy-(clergy "is restored to these offences by stat. 4 Geo. 4. c. 54.; and the "punishment is, to be transported for seven years, or imprisoned "for three years, with or without hard labour, at the discretion " of the court)-but not to work corruption of blood nor for"feiture of land or goods."

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The statute 57 Geo. 3. c. 90. intituled "An act for the prevention of persons going armed by night for the destruction of game; and for repealing an act made in the last session of parliament, relating to rogues and vagabonds," recites, that "whereas idle and disorderly persons frequently go armed in the night-time for the purpose of protecting themselves, and aiding and abetting and assisting each other in the illegal destruction of game or rabbits; and whereas such practices are found by experience to lead to the commission of felonies and murders:" and then, for more effectual suppression thereof, it is enacted, "That if any person or persons having entered into any forest, chase, park, "wood, plantation, close, or other open or inclosed ground, with "the intent illegally to destroy, take, or kill game or rabbits, or "with the intent to aid, abet, and assist any person or persons "illegally to destroy, take, or kill, game or rabbits, shall be found "at night, that is to say, between the hours of six in the evening "and seven in the morning, from the first day of October to the "first day of February, between seven in the evening and five in "the morning, from the first day of February to the first day of April,

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April, and between nine in the evening and four in the morning "for the remainder of the year, armed with any gun, cross-bow, "fire-arms, bludgeon, or any other offensive weapon, every such person so offending, being thereof lawfully convicted, shall be adjudged guilty of a misdemeanour, and shall be sentenced to transportation for seven years, or shall receive such other punishment as may by law be inflicted on persons guilty of "misdemeanour, and as the court before which such offenders "may be tried and convicted shall adjudge; and if any such "offender or offenders shall return into Great Britain before the expiration of the term for which he or they shall be so trans"ported, contrary to the intent and meaning hereof, he or they so returning, and being thereof duly convicted, shall be adjudged guilty of felony, and shall be sentenced to transportation for the "term or terms of his or their natural life or lives."

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By statute 3 Geo. 4. c. 114. the court may also add a sentence of hard labour to the imprisonment inflicted on offenders under this act.

Riotously preventing Ships being Loaded.

By 33 Geo. S. c. 67. it is recited, "That many seamen, keel- Seamen, &c. men, casters, and ship carpenters, have of late assembled them- riotously assembled, who selves in great numbers, and have committed many acts of violence; shall forcibly which practices, if continued, may occasion great loss and damage prevent the to individuals, and injure the trade and navigation of this king- loading, &c. dom:" for the better preventing such violent and injurious prac- &c. to be comof any vessels, tices, and more effectually punishing such offenders, it is enacted, mitted to prison; "That if any seamen, keelmen, casters, ship-carpenters, or other

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persons, riotously assembled together to the number of three or more, shall unlawfully and with force prevent, hinder, or ob"struct the loading or unloading, or the sailing or navigating, of "any ship, keel, or other vessel, or shall unlawfully and with "force board any ship, keel, or other vessel, with intent to pre"vent, hinder, or obstruct the loading or unloading, or the sailing "or navigating of such ship, keel, or other vessel, every seaman, "keelman, caster, ship carpenter, and other person, being lawfully convicted of any of the offences aforesaid, upon any indictment to be found against him, her, or them, in any court of "oyer and terminer, or general quarter-sessions of the peace, to "be holden respectively in and for the county, shire, riding, division, or district, wherein the offence was committed, shall be "committed either to the common gaol for the same county, shire, "riding, division or district, there to continue and remain without "bail or mainprize, or to the house of correction for the same county, shire, riding, division, or district, there to continue and "remain without bail or mainprize, and to be kept to hard "labour for any term not exceeding twelve calendar months, nor "less than six calendar months, in either case respectively."

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as also any such + Sect. 2. By 33 Geo. 3. c. 67. s. 2. it is further enacted, persons who "That if any seaman or seamen, keelman or keelmen, caster or shall forcibly "casters, ship carpenter or ship carpenters, or other person or prevent others from working,

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Persons offending a second time, to be

guilty of felony.

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persons, shall unlawfully and with force prevent, hinder, or "obstruct any seaman or seamen, keelman or keelmen, caster or casters, ship carpenter or ship carpenters, from working at, employing himself in, or exercising his lawful trade, business, or "occupation respectively, or shall wilfully and maliciously assault, "beat or wound, or use or commit any bodily violence or hurt "to or upon any seaman or seamen, keelman or keelmen, caster "or casters, ship carpenter or ship carpenters, with intent to "deter, prevent, hinder, or obstruct such seaman or seamen, "keelman or keelmen, caster or casters, ship carpenter or ship "carpenters, from working at, employing himself in, or exer"cising his lawful trade, business or occupation respectively; 66 every seaman, keelman, caster, ship carpenter, and other person, "being lawfully convicted of any of the offences last-mentioned, upon any indictment to be found against him, her, or them, in "any court of oyer and terminer, or general or quarter sessions "of the peace to be holden respectively in and for the said "county, shire, riding, division, or district, wherein the offence "was committed, shall be committed, either to the common gaol "for the same county, shire, riding, division or district, there to "continue and remain, without bail or mainprize, or to the house "of correction for the same county, shire, riding, division, or 66 district, there to continue and remain, without bail or main"prize, and to be kept to hard labour, for any term not exceeding twelve calendar months, nor less than six calendar months, "in either case respectively."

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person,

Sect. 3. By SS Geo. 3. c. 67. s. 3. it is further enacted, "That if any seaman, keelman, caster, ship carpenter, or other shall be convicted of any of the offences aforesaid in pursuance of this act, and shall afterwards offend again in like "manner, every such seaman, keelman, caster, ship carpenter, and "other person, so offending again in like manner, and being lawfully convicted thereof upon any indictment to be found against "him, her, or them, in any court of oyer and terminer, or general "or quarter-sessions of the peace respectively, to be holden in "and for the county, shire, riding, division, or district, wherein "the offence was committed, shall, for such second and every subsequent offence, be adjudged guilty of felony, and shall be "transported to some of his majesty's dominions beyond the seas, for any space of time or term of years not exceeding four"teen years, nor less than seven years.'

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Rioters destroying Manufactories.

By statute of 52 Geo. 3. c. 130. s. 3. it is enacted, "That if, "after the passing of this act, any person or persons, unlawfully, "riotously and tumultuously assembled together in disturbance "of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any erection and building, or engine, which shall be used or employed in the carry❝ing on or conducting of any trade or manufactory, or any branch "or department of any trade or manufactory of goods, wares, or " merchandize

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" merchandize of any kind or description whatsoever, or in which any goods, wares, or merchandize, shall be warehoused or deposited, that then every such demolishing or pulling down, or "beginning to demolish or pull down, shall be adjudged felony « without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in cases of felony "without benefit of clergy.'

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5. Threatening Letters.

letter.

+ Sect. 1. By 9 Geo. 1. c. 22. it is enacted, “That if any Threatening person or persons shall knowingly send any letter without any let the form name subscribed thereto, or signed with a fictitious name, de- of an indictment

“ manding money, venison, or other valuable thing; or shall for this offence, "forcibly rescue any person being lawfully in custody of any vide Cro. Cir. "officer or other person for the offences aforesaid; or shall by

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gift, or promise of money or other reward, procure another to join him or them in any such unlawful act, such offender shall "suffer death without benefit of clergy."

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+ Sect. 2. And it is enacted by 27 Geo. 2. c. 15. " That if any person or persons shall knowingly send any letter without any name subscribed thereto, or signed with a fictitious name or names, letter or letters, threatening to kill or murder any of his majesty's subjects, or to burn their houses, out-houses, barns, "stacks of corn or grain, hay or straw, though no money or venison, or other valuable thing shall be demanded in or by such "letter or letters, or shall forcibly rescue any person in lawful "custody for the same, such offender shall suffer death without "benefit of clergy."

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+ Sect. 3. And it is further enacted by 30 Geo. 2. c. 24. “That "all persons who shall knowingly send or deliver any letter or writing with or without a name or names subscribed thereto, or signed with a fictitious name or names, letter or letters, "threatening to accuse any person of any crime punishable by “ the law with death, transportation, or pillory, or any other in"famous punishment, with a view or intent to extort or gain money, goods, wares, or merchandizes, from the

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person or persons so threatened to be accused, shall on conviction be put "in the pillory, publicly whipped, or fined and imprisoned, or "transported, not exceeding the space of seven years, in the dis"cretion of the court."

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Com. 153.

for seven years,

By st. 4 Geo. 4. c. 54. reciting the 9 Geo. 1. the 27 Geo. 4 Geo. 4. c. 54. 2. c. 11. and the 30 Geo. 2. c. 24. as to sending threatening Sending a letters, so much of the said acts as relates to sending threat- ter, demanding threatening letening letters is repealed, and enacted, "That from and after money, &c. the passing of this last act, if any person shall knowingly transportation " and wilfully send or deliver any letter or writing with or with- or imprisonment "out any name or signature subscribed thereto, or with a ficti- at discretion of ❝tious name or signature, demanding money or other valuable the Court. thing, or threatening to kill or murder any of his majesty's "subjects,

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Girdwood's

Case, Old Bailey, Feb. Sess.

1776, on a case reserved.

Girdwood's
Case, Cases

C. L. 129.

Girdwood's
Case, Cases
C. L. 130.

Rex v. Smith,
Cowp. 24.

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"subjects, or to burn or destroy his or their houses, out-houses, barns, stacks of corn or grain, hay or straw, or shall knowingly "and wilfully send or deliver any such letter or writing threatening to accuse any of his majesty's subjects of any crime punish"able by law with death, transportation, pillory, or of any "infamous crime, with a view or intent to extort, gain money, security for money, goods or chattels, wares or merchandize, "from the person or persons so threatened, or shall procure, "counsel, aid, or abet, the commission of the said offences, or of any of them, or shall forcibly rescue any person being lawfully "in custody of any officer or other person, for any of the said offences; every person so offending, being thereof lawfully con"victed, shall be adjudged guilty of felony, and shall be liable, at "the discretion of the Court, to be transported beyond the seas "for life, or for such term, not less than seven years, as the Court "shall adjudge, or to be imprisoned only, or imprisoned and kept "to hard labour in the common gaol or house of correction for "any term not exceeding seven years.

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Sect. 5. It hath been determined, that if a person deliver a threatening letter to a common porter or message-carrier, desiring him to put it into the post-office, it is evidence for the jury to say whether the person who delivered it to the porter knew its contents, although the letter was sealed at the time it was so delivered.

+ Sect. 6. It is also determined, that if a threatening letter be delivered to a porter, or at the post-office in one county, directed to a person living in another county, the offender may be tried in the county in which the letter was delivered to the person to whom it was directed.

+ Sect. 7. So if a letter of this description be couched in ambiguous terms, the question whether the words it contains amount to a threat, may properly be referred to the consideration of the jury.

Sect. S. It is determined that a certiorari will not lie to the justices at sessions, to remove an indictment found before them for any of the offences therein described, into the court of king's bench.

Michael Robinson was tried on an indictment framed under the 9 Geo. 1. charging him with having unlawfully and feloniously, &c. sent a certain letter without any name subscribed thereto, to James Oldham Oldham, demanding of him a certain valuable thing, viz. a bank note, against the form of the statute, &c. The facts of the case were, that Oldham the prosecutor had been an apprentice to one Daniel Dolly, with whom he afterwards went into partnership, that upon Dolly's death he had married his widow, and a report had been spread that he and the widow had murdered his former master. The letter which was set out in the indictment and signed R. R. was one of a series of correspondence which he had had with the prisoner and was very guardedly written, requesting £100 to be applied to the wants

of

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