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tauses him by reason of such fear to part with his money, the taking thereof is adjudged robbery, whether there were any weapon drawn or not, or whether the person assaulted delivered his money, on the other's command, or afterwards gave it him, upon his ceasing to use force, and begging an alms; for he was put into fear by his assault, and gives him his money to get rid of him. 1 Hawk. c. 34. s. 6.

And it does not seem necessary that the fact of actual fear hould either be laid in the indictment, (though it constantly is) or strictly proved upon the trial: it is sufficient, if the offence be charged to be done violenter et contra voluntatem ; and if it appear upon evidence, to have been attended with those circum stances of violence* or terror, which, in common experience, are likely to induce a man, to part with his property, for the safety of his person, or the preservation of his character and good name, it will amount to robbery; for the law, in odium spoliatoris, will presume fear, where there appeareth to be so just a ground for it. Foster's Cr. L. 128. and Donally's case, Leach's Cr. L. 199.

llence, the threatening to accuse another, of having been guilty of an unnatural crime, has been held to be an act, sufficient to raise in the mind of the party menaced, a terror and apprehension of mischief, equivalent to the exercise of actual violence or force, and that to obtain money by such means, is a robbery. Leach's Cr. L. 199. East's Cr. L. 714,

715.

But the fear must be immediate, and not arise subsequent to the taking; for where a thief clandestinely stole a purse, and on its being discovered in his custody, denounced vengeance against the party if he spoke of it, and then rode away; it was held to be simply larceny only, and not robbery; because the fear excited by the menaces of the thief, was subsequent to the t of taking the purse. 2 Roll. 154. 1 Hale 535.

So where several men find another apparently intoxicated, and swearing he shall go home, drag, abuse, kick him, and clandestinely take his money, this is no robbery, but simple lar ceny; for no demand is made of money, nor any fear excited, for the purpose of obtaining it. Old Bail. Sess. 1784, p.

797.

* As if the true man is knocked down without any previous warn to awaken his fears, and lieth totally insensible while the thief rif ith his pockets; or if the true man maketh a manful resistance but is verpowered, and his property taken from him, by the mere dint of su perior strength, in neither of these cases does the circumstance of actual ar appear, and yet both are robberies. Fuster's Cr. L. 128.

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III. Felonies within the benefit of clergy.

ALIENS.]--Aliens found within this realm, or other his majesty's dominions, after having been adjudged to depart therefrom, shall be transported for life. 43 Geo. 3. c. 155. See general title ALIENS.

ASSAULT.]-Assaulting with intent to rob. 7 Geo. 2. c. 21,

s. 1.

Assaulting justices and other officers doing their endeavours to save a ship in distress. 26 Geo. 2. c. 19. s. 11.

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Assaulting master woolcombers or weavers, or sending threatening letters to them. 12 Geo. 1. c. 34. s. 6.

Assaulting persons executing process in certain pretended privileged places. 8 & 9 Wil. 3. c. 27. s. 15. 9 Geo. I. c. 28. 11 Geo. 1. c. 22.

Assaulting the keepers of deer. 16 Geo. 3. c. 30. s. 9. Assaulting officers of the navy, customs, or excise, in the execution of their duty, a misdemeanor, punishable by hard labour on the Thames, or other navigable river, as persons convicted of larceny. 24 Geo. 3. sess. 2. c. 47. s. 15.

Assault upon any officers of the customs, by eight persons armed. 6 Geo. 1. c. 21. s. 34.-Or forcibly obstructing any officer of the customs or excise, on shipboard. 9 Geo. 2. c. 35. s. 28, transportation for seven years.

Assaults on commanders of ships to hinder them from fighting in defence of their ships or goods. 22 & 23 Car. 2.

11. s. 9.

ATTORNIES.] By 12 Geo. 1. c. 29. s. 4, If any one who hath been convicted of common barretry shall practise as an attor ney, solicitor, or agent, in any suit, the court upon complaint shall examine it in a summary way; and if proved, shall direct the offender to be transported for seven years *.

BAIL.]-By 4 and 5 Wil. & Mar. c. 4, Any person who shall, before any commissioner authorised to take bail, by virtue of that statute, in actions depending in the courts of King's Bench, Common Pleas, or Exchequer; (or by 34 Geo. 3 c. 46, who shall before any commissioners authorised to take bail in the court of session for the county palatine of Lancaster, 8. 5.) represent or personate any other person, whereby such person may be liable to the payment of any sum of money, or debt or damages to be recovered in the same suit or action, be ing lawfully convicted thereof, shall be adjudged guilty of felony. s. 4.

* Although this offence is not made felony by the express words of the get, yet as it incurs a like punishment as is inflicted in the case of telony, it is proper to take notice of it in this place.

*

BANK NOTES AND PAPER.] By 41 Geo. 3. sess. 2. c. 39. amended by 45 Geo. 3. c. 89. s. 3, if any person (other than the officers, workmen, servants, or agents of the bank of Eng land, duly authorized, and for their use) shall make or use, or cause or procure to be made or used, or aid or assist in the making or using, or knowingly have in his custody or possession (without lawful excuse) any frame, mould, or instrument, for the making of paper with curved or waiving bar lines, or with the laying wires thereof in a waving or curved shape, or with any number, sum, or amount in Roman letters, visible in the substance of such paper, or shall manufacture, make, use, vend, expose to sale, publish, or dispose of, or cause or procure to be manufactured, &c. or aid and assist in the manufacturing,&c.or shall knowingly have in his custody or possession, any paper whatever, with curved or waving lines, &c. orifany person except as before excepted, shall by any art, mystery, or contrivance, cause the numerical sum or amount of any bank note, bank bill, of exchange, or bank post bill, or blank bank note, or blank bill in a word or words, to appear visible in the substance of the paper, or shall knowingly aid or assist in causing the same to appear visible; any person so offending shall be adjudged a felon, and transported for fourteen years, s.1. But nothing herein shall restrain any person from issuing or negociating any bill or note, having the amount thereof expressed in guineas, or in numerical figures denominating the sum in pounds sterling visible in the substance. 41 Geo. 3. sess. 2. c. 39. s. 3. 45 Geo. 3. c. 89. s. 4.

Also nothing shall restrain any person from making, using, vending, exposing to sale, publishing or disposing of any paper, having waving or curved lines, or other devices in the nature of watermarks, visible in the substance of the paper, not being bar lines, or laying wire lines, if not contrived to form the ground work or texture of the paper, or to imitate the water mark used by the bank of England. 41 Geo. 3. sess. 2 c. 39. s. 4. and 45 Geo. 3. c. 89. s. 5.

If any person shall purchase or receive from any other, any forged bank note, bank bill of exchange, bank post bill, or any blank of the same, knowing the same, or shall knowingly have in his possession, or in his dwelling house, out-house, lodgings, or apartments, any forged bank note, bank bill of exchange, or bank post bill, or blank thereof, knowing the same, such person shall be adjudged a felon, and transported for fourteen years. 41 Geo. 3. sess. 2. c. 39. s. 5. and 45 Geo. 3. c. 89. s. 6. And if any person shall cugrave, cut, etch, scrape, or by any other means make, or cause or procure to be engraved, &c. or knowingly aid or assist in the engraving, &c. upon any

The amendments are printed in italics.

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plate of copper, brass, steel, pewter, or of any other metal or mixture of metals, or upon any wood, or any other materials, or any plate whatsoever, any bank note, bank bill of exchange, bank post bill, or any blank thereof, purporting to be of the bank of England, without authority in writing from the bank, or shall use any such plate, or shall use any other instrument or device for the making or printing thereof, or have in his custody any such plate, instrument, or device, or knowingly either publish, dispose of, or put away any such bank note, bill, or any blank thereof, every person so offending shall be adjudged a felon, and transported for seven years. 41 Geo. 3. sess. 2. c. 39. s. 6. and 45 Geo. 3. c. 89. s. 7.

BANKERS NOTES AND PAPER.]-By 41 Geo. 3. sess. 2. c. 57, If any person shall make, or cause to be made, or know. ingly assist in the making or using any frame or mould for the making of paper with the name or firm, visible in the substance, of any person carrying on the business of bankers, without authority, or shall manufacture, make, end, or ex. pose to sale, publish, or dispose of any such paper, or cause or procure the same, or if any such person without such authority, shall by any art, means, mystery, or contrivance, cause or assist in causing the name or firm to appear visible in the substance of any paper, every person so offending, and convicted thereof, shall for the first offence be imprisoned for not exceed. ing two years, nor less than six months, and for the second, be transported for seven years. s. 1.

And if any person shall engrave, cut, etch, scrape, or by any other means or device make, or cause or procure to be engraved, &c. or assist in the engraving, &c. in or upon any plate whatso ever, any bill of exchange, promissory note, or other note, or part thereof, purporting to be the bill or note of any persons carrying on the business of bankers, without authority is writing, or shail use any such plate so engraved, &c. or use any other device for the making or printing any such bill or note, without such authority; or if any person shall without such authority knowingly have in his custody any such plate or device, or shall without such authority knowingly publish, dispose of, or put away any such bill or note or part thereof, any person so offending being convicted, shall for the first offence, be imprisoned for not exceeding two years, nor less than six months, and for the second offence, be transported for seven years.

§. 2.

And if any person shall engrave, cut, or etch, or by any other means or contrivance trace with a hair stroke, or other mode of delineation, on any plate whatsoever, any of the sub

The making of the words BANK OF ENGLAND visible in any paper by the like means is felony without clergy. See FoRGERY, under Felonies (without Clergy.)

scriptions subjoined to any bill of exchange, promissory, or other note of any persons carrying on the business of bankers, payable to bearer on demand, or shall have in his possession such plate, and shall not be able to prove that such plate came into his possession without his knowledge or consent, every person so offending, being convicted thereof, shall for the first offence, be imprisoned for not exceeding three years, nor less than twelve months, and for the second, be transported for seven years. s. 3.

BIGAMY.]-Bigamy, according to the doctrine of the civilians, consists in marrying two virgins successively, one after the death of the other, or in once marrying a widow; but the felonious offence against the rights of marriage by our law, in having a plurality of wives or husbands, at one and the same time, will be treated of with more propriety under Polygamy. BLACK LEAD. By 25 Geo. 2. c. 10, Every person that shall unlawfully break or by force enter into any mine, wadhole of wad, or black cawke, called black lead, or into any pit, shaft, adit, or vein of wad, black cawke, or black lead, with intent to take away from thence any wad, black cawke, or black lead, or shall unlawfully, from thence take away, any wad, black cawke or black lead, although such mine, &c. be not actually broke or by force entered into by such offender, or shall aid, abet, assist, hire, or command any person to commit such offence, shall be deemed guilty of felony :

And the court or judge before whom such offender shall be convicted, may order him to be committed to the prison appointed for criminals, or to some house of correction within the same county, for a time not exceeding one year, there to be kept to hard labour, and to be publicly whipt by the com mon hangman, or by the master of such house of correction, at such times and places and in such manner as such court or judge shall think proper:

Or it shall be lawful for such court or judge, or any other subsequent court held at the same place with the like autho rity, to order such offender to be transported for seven years: And if any such person so committed or transported, voluntarily escape or break prison, or return from transportation be fore the expiration of the time, being convicted, he shall suffer death as a felon without benefit of clergy, and shall be tried for such felony in the county where he so escaped or shall be apprehended. s. 1.

If any person convicted or attainted of any of the offences aforesaid, voluntarily escape, break prison, or return from transportation, and be apprehended in any other county or city, different from that wherein the offence was committed, the clerk of the assize or the clerk of peace for the county, &c. where such conviction or attainder was had, shall, at the request of the

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