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$. 49.

AGENTS. 7 & 8 G.4. Embezzlement by banker, merchant, broker, c. 29.

attorney, or agent of property intrusted to them for special purposes, misd. pun. Tr. not ex. 14, nor less than 7 yrs. or Fine or Impr.

or both. Id. s. 49. Embezzling property deposited with them for

safe custody or special purpose, without authority to sell, negociate, transfer, or pledge, misd. pun. any of the above pun. as the Ct.

may award. Id. s. 60.

Not to affect trustees or mortgagees, nor bank

ers, &c. receiving money due on securities, nor to securities on which they have a lien, claim, or demand, unless the transfer be of a greater number than necessary. Id.

s. 60. AMENDMENT of Informations and Indictments,

see Addition, ante. 7 G. 4. Of proceedings relative to the customs, by Js. P.

7 Geo. 4. c. 48, s. 17. See Customs.

ANGLING 7 & 8 G.4. In the day time, in water adjoining or belong. 20.

ing to a dwelling house, pen. not ex. 51. and angling in the day time in any water not adjoining or belonging to a dwelling house, pen. not ex. 21. on conv. before one J. P. 7 & 8 Geo. 4. c. 20. s. 54.

c. 48.

Against conv. in malicious injury. If the sum 7&86.4.

c. 20.
adjudged on summary conv, ex. 51, or the
impr, ex. one. c. m. or the cony. is before one
J. P, only, the appeal lies to the next G. or
Q. Sess. notice thereof to be given, and
recog. with two sureties, entered into before
one J. P. to appear, try the appeal, abide the
judgment of the Ct. and pay costs awarded.

Id. s. 31.
The mode of compelling appearance, in all of- 7 & 8G.4.

fences punishable on summary copy,

7 & 8 Geo. 4. c. 30. s. 29. APPREHENSION of offenders in cases ; Under the Larceny Act. .7 & 8 Geo. 4. c. 29. 7 & 8G. 4.

See c. 30.

c. 29.

s. 63.

c. 13.

c. 30.

c. 106,

Under the Metropolitan Roads Act. 7 Geo. 4. 76. 4.

c. 13. s. 13. Under the. Malicious Injuries Act. 7 & 8 Geo. 4. 7 & 8 G. 4.

c. 30. s. 28.
Relating to the Customs. 6 Geo. 4. c. 106. s. 31. 6G. 4.
Neglect of apprentices, paupers and helpless

persons, are indictable offences. See Rex
v. Frier and ux. Russ. & Ry. Ç. C. R. 20.
Rex v. Meredith. Id. 46. Rex v. Booth.
Id. 47. (n) Rev v. Warren. Id. 28. (n).

c. 30.

ARREST. See Apprehension, ante. 96.4. Of clergyman performing Divine Service, or in C. 33.

going or returning, misd. pun. Fine or Impr. or both, as the Ct. shall award. 9 Geo. 4.

c. 33. 8. 23.

ARSON. 7 & 8G.4. Setting fire to buildings, with intent to injure or

defraud any person, fel. pun. D. 7 & 8

Geo. 4. C. 30. s. 2. s. 17. Firing stacks of corn, &c. pun. D. Crops of corn,

&c. whether standing or cut, or wood, cop-
pice or plantation of trees, or heath, gorze,
furse, fern, wheresoever growing, fel. Tr. 7
yrs. or Impr. not ex. 2 yrs. and if a male,
once, twice or thrice pub. or priv. W. in add.

to the Impr. Id. s. 17.
Firing coal mines, fel. pun. D. Id. s. 5.
The declarations of the deceased made on the day

he was wounded, and when he believed he
should not recover, is admissible evidence,
although he did not die until some days after.

Rex v. Mosley, Ry. & M. C.C. R. 97. Nothing can be received as evidence in a declara

tion in articulo mortis that would not be so if the party were sworn: any thing that a murdered person in articulo mortis says as to the fact, is receivable; but not what he

s. 5.


says as matter of opinion. Rex v. Sellers,

M. S. O. B. 1796.
These declarations are only admissible where the

death of the deceased is the subject of in-
quiry, and the circumstances of the death are
the subject of the dying declarations, and the
Ct. would not admit a declaration of the
dying person agt. any one ind. for perjury.

Rex v. Mead, 4 D. & R. 120.
The declarations of subscribing witnesses confes-

sing the forgery of deeds, were admitted in

Wright v. Littler, 5 Burr. 1244. 6 East, 195.
Combination of artificers, workmen, &c. to ob- 6 G. 4.

tain advance of wages, &c. All the stats.
from 33 Edw. 1. to 5 Geo. 4. are repealed by

6 Geo. 4. c. 129. Artificers going abroad. All the acts relating 5 6. 4.

to this subject are also repealed by 5 Geo. 4. c. 97.

c. 97. ASSAULT, Common. On summary conv. before two Js. P., pun. Fine

9 G.4. not ex. together with costs (if ordered) 51. c. 31. to overseers of the poor, to be paid over by them in aid of the co. rate of the place where

the offence was com, 9 Geo. 4. c. 31. s. 27. If the Fine with the costs (if ordered), are not

paid immediately after conv. or within such

c. 129, 9 G.4. c.31.s.27.

s. 28.


time as the Js. shall appoint, comm, to the com. g. or h. c. not ex. 2 cal. m, unless Fine

&c. sooner paid. Id. If the Js. shall deem the offence not proved, or

find the assault to have been justified, or so trifling 'as not to merit pun. and shall dismiss the comp., they shall deliver a cert, under their hands of such dismissal to the party

compl. of. Id.
The party obtaining such cert., or having been
1. conv, shall have paid the whole amount ad-
judged to be paid, or shall have suffered the
Impr. awarded for non-payment; in every
such case he shall be released from all fur-
ther proceedings civil or crim. for the same

Ibid. S. 28.
If the assault shall have been accompanied by

any attempt to com. fel., or the Js. shall be
of opinion that it is a fit subject for a prose-
cution by ind. they shall abstain from any
adjud. thereon, and deal with the case in same
manner as before the passing of this act. Id.


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s. 28.

s. 29.

But Js. P. are not authorized to hear and de

termine any case of assault and battery in which any question shall arise as to the title to lands, &c., or any interest therein, or in any in bankruptcy or insolvency, or any exe

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