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90.

ton and malicious injury or damage, as in the said recited act 4 & 5 W. 4, c. mentioned, shall be committed in or to any church, chapel, or

churches may

sizes.

other building used for religious worship, according to the usage Compensaof the united church of England and Ireland, it shall and may tion for be lawful for the said ecclesiastical commissioners, or any person injuries to or persons to be by them deputed in that behalf, by writing be recovered under their common seal, to sue for and recover satisfaction and at next or second asamends, pursuant to the provisions of the said recited act(a), for such wanton and malicious injury or damage, either at such period or periods as in and by the said recited act for that purpose provided, or at the second assizes to be held after the commission of such injury or damage for the county in which such church, chapel, or other building may be situate; or if in the county of Dublin, at the second presenting term; or if in the city of Dublin, at the second quarter sessions respectively after the commission of such injury, and that all powers and provisions contained in the said recited act, applicable to the suing for, or recovery of such satisfaction at the next assizes, presenting term, or quarter sessions respectively, shall extend and be applicable to the suing for and recovery of such satisfaction and amends at such second assizes, presenting term, or quarter sessions respectively.

[Accessaries, p. 9. Arson of churches, &c., p. 36. Demolishing of churches, p. 144. Pardon, p. 12. Removing goods from one part of the United Kingdom to another, p. 14. Restitution, p. 9.

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9 Geo. 4, c. 55, s. 11.-That every person convicted of bur- Burglary; glary(6) shall suffer death as a felon and it is hereby declared, felony, death. that if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house, shall commit any felony, and shall in either case break out of the said dwelling-house in the night time; such person shall be deemed guilty of burglary.

12. That if any person shall break and enter any dwelling. Housebreakhouse, and steal therein any chattel, money, or valuable security, stealing in a ing, and to any value whatever, or shall steal any such property, to any house.

(a) 3 & 4 Will. 4, c. 37, s. 72, ante, 33.

(b) Procuring a door to be opened in the night, by pretend. ing to havé a letter to deliver, or by any other device, if there be evidence to show a preconcerted plan or intent to rob the house by that means, is burglary, though the party so entering be immediately apprehended, by persons waiting inside specially for that purpose. Anon. Green-street Commission, 1799, Mac Nally's Ev. 602.

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9 G. 4, c. 55. 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, in any of such cases, suffer death as a felon.

No buildings deemed part of a house for aforesaid

purposes, unless directly communicating.

Robbery in

within the

same curti

lage, but not privileged as part of the house, transportation, &c.

13. Provided always, and be it enacted, that no building, although within the same 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 passage, leading from the one to the other.

14. That if any person shall break and enter any building, any building and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof, according to the provisions herein before mentioned; every such offender, being convicted thereof, shall be liable, at the discretion 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: provided always, that a conviction for such offence as herein last mentioned may be had either upon an indictment for such offence, or upon an indictment for burglary, house-breaking, or stealing to the value of five pounds in a dwelling-house, containing a count or counts for such offence; and that in case of such latter indictments, the prosecutor shall be permitted to proceed upon the whole or any part of such indictment, without being put to any election, before the trial of such offender, to proceed upon any one or more of the counts in such indictment.

Form of indictment in such case.

Robbery in a shop, warehouse, &c. transportation, &c.

Recited acts

repealed as to the capital punishment, and the ot

15. That if any person shall break and enter any shop, warehouse, or counting-house, and steal therein any chattel, money, or valuable security; every such offender, being convicted thereof, shall be liable, at the discretion 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.

2&3 Will. 4, c. 62(a). [Recites 7 & 8 Geo. 4, c. 29, Eng. ss. 12 & 25; also 9 Geo, 4, c. 55, s. 12, as to stealing in a dwelling-house to the value of five pounds; and sec. 25, ante, 4, and that it is expedient to provide a punishment less than

(a) Entitled, "An act for abolishing the punishment of death in certain cases, and substituting a lesser punishment in lieu thereof."

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capital.] Be it, &c., that so much of each of the said acts as in- 3 & 4 W. 4, c. dicts the punishment of death upon persons convicted of any of the felonies hereinbefore specified shall be and the same is hereby repealed; and that from and after the passing of this act, every person convicted of any of the felonies herein before specified, Borbof counselling, aiding, or abetting the commission thereof, sshall be transported beyond the seas for life.

nished with transportation for life.

The 9 Geo. 4, c. 55, ss. 12 & 54, repealed as to penalty of death.

-314 4 Will. 4, c. 44, s. 1. [Recites, that by the acts 7 & 8 Geo. 4, c. 29, in England, and 9 Geo. 4, c. 55, in Ireland, it is, amongst other things, enacted,] that if any person shall break and center any dwelling-house, and steal therein any chattel, money, or valuable security, to any value whatever; every such offender, being convicted thereof, shall suffer death as a felon. And whereas, by each of the said acts, it is further enacted, that in the case of every felony punishable under the said respective bacts, every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is, by the said respective acts, punishable. And whereas it is expedient that a lesser punishment than that of death should be provided for the several offences hereinbefore specified, be it therefore &c., that so much of each of the said two recited acts, as inflicts the punishment of death on persons convicted of any of the felonies herein before specified, shall, from and after the first day of January (1834), be, and the same is hereby repealed. 2. That from and after the first day of January (1834), every Convicts of person who shall be convicted of any of the felonies herein- such felonies before specified, as principals or accessaries before the fact, transportashall be liable to be transported beyond the seas for life, or for any term not less than seven years, as the court before whom any such person shall be convicted shall adjudge; and, previously to transportation, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, or to be confined in the penitentiary for any term not exceeding four years, or shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years, nor less than une year.

3. That all persons punishable by transportation for life, under an act, &c. [2 & 3 Will. 4, c. 62,] relating to the stealing in dwelling-houses and other offences intituled [&c.], and all persons punishable by transportation for life, under an act passed in the same years [c. 123, post 79] intituled [&c.] shall be liable, previously to their being transported, in case the court before whom such persons shall be convicted shall think fit, to be imprisoned, with or without hard labour, in the common gaol or house of correction, or to be confined in the penitentiary, for any term not exceeding four years, nor less than one year. [Accessaries, p. 9. Pardon, p. 12. Removing goods from

D*

liable to

tion and imprisonmeut.

Persons punishable with tion for life, under 2 & 3 & 123, liable to previous imprison

transporta

W. 4, cc. 62

ment.

23 & 24 G. 3, c. 20.

Rioters

burning, &c., any building, felony, death.

Setting fire to a house, out

building, church, or

chapel; felo

ny, death.

Setting fire to a coal mine; felony, death.

Malice against the owner, not essential to any offence under this

act.

one part of the United Kingdom to another, p. 14. Restitution, p. 9. "Valuable security," its meaning, p. 2.]

SECTION 9.
Arson.

23 & 24 Geo. 3, c. 20, s. 7.-And for the better preservation of the peace, and the security of the property of his majesty's subjects against all riotous, unlawful, and tumultuous attempts to destroy or injure the same; be it, &c. that if any persons unlawfully, riotously, and tumultuously assembled together, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, or wilfully set fire to, or attempt to set fire to, or break into, or attempt to break into any building, dwelling-house, warehouse, workshop, workhouse, mill, granary, storeroom, barn, stable, or any house, building, or outhouse whatsoever; every such demolishing, pulling down, breaking into, setting fire to, or beginning to demolish, or pull down, or attempting to break into, or set fire to, shall be adjudged felony without benefit of clergy; and the offenders therein, being thereof lawfully convicted, shall be adjudged felons, and suffer death, as in the case of felony, without benefit of clergy(a).

9 Geo. 4, c. 56(b), s. 2.—That if any person shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, hay-yard, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person; or if any person shall unlawfully and maliciously set fire to any church, chapel, or place of religious worship; every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

6. That if any person shall unlawfully and maliciously set fire to any mine of coal, or cannel coal; every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

32. That every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment, or upon summary conviction, shall equally apply and be enforced, whether the offence

(a) The operation of this act is saved by the 31st section of the act, 9 Geo. 4, c. 56.

By

(b) Entitled, "An act for consolidating and amending the laws in Ireland, relative to malicious injuries to property.” sections 1 and 54 it is enacted, that the act shal! extend to Ireland alone, and shall commence and take effect on the first of September, 1828.

shall be committed from malice conceived against the owner of 9 G. 4, C. 56. the property in respect of which it shall be committed, or otherwise.

the second degree, and accessaries.

33. That in the case of every felony punishable under this Principals in act, every principal in the second degree, and every accessary before the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every Abettors in person who shall aid, abet, counsel, or procure the commission misdemeanof any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.

ors.

committing

35. And for the more effectual apprehension of all offenders Persons in against this act, be it enacted that any person found committing the act of any offence against this act, whether the same be punishable any offence upon indictment or upon summary conviction, may be imme- may be apdiately apprehended without a warrant, by any peace officer, or without a prehended the owner of the property injured, or his servant, or any person warrant. authorized by him, and forthwith taken before some neighbour. ing justice of the peace, to be dealt with according to law.

SECTION 10.

Malicious Injuries of other Kinds.

ship; felony,

11 Geo. 3, c. 7,(a) s. 2.-That if any such person or persons Destroying so convicted, shall commit any of the offences aforesaid a second granaries; taking or time, or if,(b) from and after the said first day of June next, any spoiling the person or persons shall wilfully and maliciously pull, throw corn therein, down, or otherwise destroy any storehouse or granary, or other or on board place where corn shall be then kept, in order to be exported, or sent transportafrom one part to another of this kingdom coastways; or shall tion. unlawfully enter any such storehouse, granary, or other place, and take and carry away any corn, flour, meal, or grain therefrom, or shall throw abroad, or shall spoil the same, or any part thereof, or shall unlawfully enter on board any ship, barge, boat, or vessel; and shall wilfully and maliciously take and carry away, cast or throw out therefrom, or otherwise spoil or damage any meal, flour, wheat, or other grain therein, intended for exportation, or to be sent coastwise as aforesaid, every person so offend

(a) The operation of this act has been saved by the act 9 Geo. 4, c. 56, s. 31.

(b) The parts in italics have been repealed by the act 10 Geo. 4, c. 34, s. 1.

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