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VII. And be it further enacted by the authority aforesaid, That this No. XXX. Act shall be openly read at every quarter-sessions, and at every leet or
1 Geo. I. law-day. VIII. Provided always, That no person or persons shall be prosecuted
st. 2. c. 5. by virtue of this Act, for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after Act to be read the offence committed (1).
at quarter-sesIX. And be it further enacted by the authority aforesaid, That the she- sion, &c. riffs and their deputies, stewarts and their deputies, bailies of regalities and Prosecution their
deputies, magistrates of royal boroughs, and all other inferior judges within twelve and magistrates, and also all high and petty-constables, or other peaceofficers of any county, stewartry, city or town, within that part of Great Sheriffs, &c. in Britain called Scotland, shall have the same powers and authority for put- Scotland to ting this present Act in execution within Scotland, as the justices of the have the same peace and other magistrates aforesaid, respectively have by virtue of this power as jusAct, within and for the other parts of this kingdom; and that all and tices, &c. have
in England. every person and persons who shall at any time be convicted of any the offences aforementioned, within that part of Great Britain called Scotland, Punishment of shall for every such offence incur and suffer the pain of death, and confis- persons offendcation of moveables : And also, that all prosecutions for repairing the da- ing in Scotmages of any church or chapel, or any building for religious worship, or land. any dwelling-house, barn, stable, or out-house, which shall be demolished Damages of or pulled down in whole or in part, within Scotland, by any persons unlaw- any churchi, fully, riotously or tumultuously assembled, shall and may be recovered by
&c. pulled summar action, at the instance of the party aggrieved, his or her heirs, or down, &c. in executors, against the countý, stewartry, city or borough, respectively, Scotland, bow where such disorders shall happen, the magistrates being summoned in the ed and of ordivary form, and the several counties and stewartries called by edictal whom. citation at the market-cross of the head-borough of such county or stew. artry respectively, and that in general without mentioning their names and . designations.
X. Provided, and it is hereby declared, That this Act shall extend to To what places all places for religious worship, in that part of Great Britain called Scot- in Scotland land, which are tolerated by law; and where his Maj King George, this Act shall the prince and princess of Wales, and their issue, are prayed for in express extend. words.
hundred, on the stat. 9 Geo. I. c. 22. the subsequent statutes as a necessary conthe notice required by the statute must be sequence of their reference to the 27 Eliz. given to some of the inhabitants of the hun- and thatthe words in such manner,' &c. are dred, before the plaintiff's examination on confined to the mode of reimbursing the peroath is delivered to the magistrate, Fowler o. son damnified on the recovery of damages. In The inhabitants of the hundred of Louin- the case of the demolition of the works of borough, 1 Taunt. & Brod. 64.
mills, the determining whether the works des(1) The clause of limitation of actions given troyed belonged to ile mills, or were indeagainst the hundred by the hue and cry, 27 pendent of it, forms a question for the jury, Eliz. c. 13. for the purpose of indemnifying whose finding will be conclusive of that fact. the party robbed : Held, not to have been Rushforth v. Beatson, 1 Price, 343. adopted by the Riot Act, 1 Geo. I. c. 5. and
[No. XXXI.] i George I. st. 2. c. 25.-- An Act to prevent
Disturbances by Seamen, and others; and to preserve the Stores belonging to his Majesty's Navy Royal; and also for explaining an Act for the better preventing the Imbezilment of his Majesty's Stores of War, and preventing Cheats, Frauds and Abuses in paying Seamen's Wages; and for reviving and continuing an Act for the more effectual Suppression of Piracy.
[See post, Class X.]
I George I. st. 2. c. 48.-- An Act to en
courage the Planting of Timber-Trees, Fruit-Trees, and other Trees, for Ornament, Shelter, or Profit; and for the better Preservation of the same; and for the preventing the Burning of Woods.
[Inserted Pt. VI. Class XL. No. 5.]
[No. XXX111.] 6 George I. c. 16.- An Act to explain and
amend an Act passed in the first Year of his Majesty's Reign, intituled, An Act to encourage the Planting of Timber-Trees, Fruit-Trees, and other Trees, for Ornament, Shelter, or Profit, and for the better Preservation of the same, and for the preventing the burning of Woods, and for the better Preservation of the Fences of such Woods.
Inserted Pt. VI. CI. XL. No. 6.]
P. [No. XXXIV.] 6 George I. c. 23.- An Act for the fur
ther preventing Robbery, Burglary, and other Felonies,
and for the more effectual Transportation of Felons. No. XXXIV. XI. (1) AND be it further enacted by the authority aforesaid, That if any
person or persons shall at any time or times, from and after the twenty-fourth day of June, in the year of our Lord one thousand seven
hundred and twenty, wilfully and maliciously assault any person or persons After June 24 in the publick streets or highways, with an intent to tear, spoil, cut, burn 1720, assault- or deface, and shall tear, spoil
, cut, burn or deface, the garments or cloaths of ing any person such person or persons, that then all and every person and persons so ofin the streets, fending, being thereof lawfully convicted, shall be and be adjudged to be &c. to tear their cloaths,
guilty of felony; and every such felon and felons shall be subject and liable
to the like pains and penalties as in case of felony; and the Courts by, and &c. shall be guilty of felo.
before whom he, she or they shall be tried, shall have full power and auny, and may be thority of transporting such felons for the space of seven years, upon the transported for like terms and conditions as are given, directed or enacted by this or the seven years.
before recited Act (2). (1) For further parts of this Act, see vol. vi. Charles II. c. 1. (ante, No. 24); but the ma.
(2) In Rex v. Williams, 1790. the prisoner, jority of the judges were of a different opi(who from having made various assaults on nion, and thought, that to bring the case females in the streets of London, with a sharp within the Act, the primary intention must instrument, had excited considerable terror, be to injure the cloaths. The case was ultiand was the subject of general conversation mately decided upon an objection to the inby the name of the monster) being indicted on dictment, which alledged that the defendant this Act, and it appearing that he had cut on the 18th of January, did assault, with inand severely wounded the prosecutrix, and tent, &c. and on the said 18th day of Janumade a rent in her cloaths. Buller J. was of ary, did cut, &c. not saying " at the same opinion, that the case was within the Act, time” or “ then and there,
so that it might on the ground that the intent was to wound have been a different cut on the same day: by cutting through the cloaths, and there- 1 East, P. C. ch. 8. § 18; Leach, före the party must have intended to cut the The prisoner was afterwards tried and concloaths, and relied on the case of Coke and victed upon several indictments for assaults. Woodburne, on the Coventry Act, 22 and 23
[No. XXXV.] 9 George I. c. 22.-- An Act for the more
effectual punishing wicked and evil disposed Persons going armed in disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice. WHEREAS several ill-designing and disorderly persons have of late as
sociated themselves under the name of Blacks, and entered into con• federacies to support and assist one another in stealing and destroying of
No. XXXV. 9 Geo. I.
deer, robbing of warrens and fish-ponds, cutting down plantations and No. XXXV. trees, and other illegal practices, and have, in great numbers, armed with
9 Geo. I. swords, fire-arms, and other offensive weapons, several of them with their ' faces blacked, or in disguised habits, unlawfully hunted in forests belong
ing to his Majesty, and in the parks of divers of his Majesty's subjects, • and destroyed, killed, and carried away the deer, robbed warrens, rivers,
and fish-ponds, and cut down plantations of trees; and have likewise so• licited several of his Majesty's subjects, with promises of money, or other
rewards, to join with them, and have sent letters in fictitious names, to se-
forest, chase, park, paddock, or grounds inclosed with deer, &c. any wall, pale, or other fence, wherein any deer have been or shall be usually deemed felons. kept, or in any warren or place where hares or conies 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 or place where conies or hares are usually kept, or shall unlawfully steal or take away any fish out of any river or pond; or if any person or persons( 1), from and after the said first day of June, shall unlawfully and wilfully hunt, wound, kill, destroy or steal any red or fallow deer, fed or kept in any places in any of his Majesty'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 deer have been or shall be usually kept(2); or shall unlawfully and maliciously break down the head or mound of any fish-pond, whereby the fish shall be lost or destroyed, or shall unlawfully and maliciously kill, maim or wound any cattle (3), or cut down or otherwise destroy any trees (4) planted in any avenue, or growing in any garden, orchard or plantation, for ornament, shelter or profit; or shall (5)
(1) It is agreed that the subsequent of- malice being a question for the jury ; Ranfences are within the provisions of the Act, ger's case, 1798. See E. P. C. c. 22. $ 16. whether the parties be armed and disguised, În a late case of the King and Dawson, at
Cambridge Assizes, the prisoner was convict(2) This provision was held, in Davies' ed and executed for destroying race horses case, Leach, case 225, to be repealed by stat. at Newmarket, by putting poison into their 16 Geo. III. c. 30, (post, PartVI. Class XIX. watering troughs, for the purpose of preventNo. 44.) which subjects the same offence, ing their running. in the first instance, to pecuniary penalties, (4) For other provisions respecting the and in the second, to transportation. By 42 destruction of trees, see Part VI. Class XI. Geo. III. c. 107.(post, Part VI. Class XIX. (5) The words “ unlawfully and maliciousNo. 47.) it is made a transportable felony in ly” are here omitted; but Q. whethey they the first instance.
are not necessary in an indictment ? Minton's (3) An indictment for killing a horse, mare, case, E. P.C. c. 21. 85.—In an action against &c. is sufficient within this clause, without the hundred, it is sufficient to alledge the act averring them to be cattle; Paty's case, to have been done feloniously, without adding 2 Bl. Rep. 721. The offence must be com- “ unlawfully and maliciously ;” Allen v. Hunmitted from malice towards the owner. The dred of Kirton, 3 Wils. 318. 2 Black. Rep. wounding a cow, with intent to commit besti- 842. Setting fire to paper in a building, with ality, is not within the Act; Pearce's case, intent to burn the building, unless there is Leach, case 237: nor a wounding a horse out an actual burning of the building, or some of malice or passion towards the animal; part of it, does not amount to arson; Taylor's Hone's case, note, ibid. ; Shepherd's case, case, Leach, case 25. The burning a house, Leach, case 243. So cutting the legs of sheep or the outbuildings forming a parcel thereof, that broke over an inclosure; E. P. C. 1073. or a barn with corn or hay, is felony at comBut it is not necessary to prove a previous mon law; and the statutes only take away existing case against the owner ; the fact of the benefit of clergy; 1 Hale, 567.
No. XXXV. set fire to any house (1), barn (2) or out-house (3), or to any hovel, cock, 9 Geo. I.
mow, or stack (4) of corn, straw, hay or wood; or shall wilfully (5) and maliciously (6) shoot at(7) any person in any dwelling-house, or other
place (8); or shall knowingly send (9) any letter(10) without any name sub(1) A common gaol is a house within the $7. In that case the prisoner was charged meaning of the Act.
In the different counts in one count as shooting, in another as aid. of the indictment it was described as the ing and abetting. In Rex v. Gibson and two house of the gaoler, of the corporation to others, upon an indictment against them for which it belonged, and of the persou whom shooting, it was moved in arrest of judgment, the gaoler suffered to live in the dwelling that three could not be guilty of the same act house forming part of the building; Dono- of shooting. Eyre B., in the conference of van's case, 1770, Leach, case 37. At com- the judges, said they might, if a string were mon law, and under this statute, the burning tied to a trigger, and they all pulled it. No must be of the house, &c. of another to con- judgment was given ; (the only prisoner found stitute arson; and the burning by a tenant guilty having been convicted of another capifor years, (R. v. Holmes, Cro. Car. 376, W. tal offence) and the profession would have Jones, 351, Pedley's case, 1 Leach, casé 122, suffered nó loss if this childish conceit had Breeme's case, Leach, case 109,) or a mort- never been recorded. If it is settled, that gagor in possession, Leach, case 218, is not under a charge for doing an act, a person may sufficient. Secus as to a woman merely en- be convicted for acting as principal in the setitled to dower, not assigned; Foster, 113; cond degree, there is no inconsistency in alor a pauper put into a house, to live therein ledging an act to be done by several, which with his family, by the parish officers; Gow- could, in its immediate operation, be only en’s case, E. P. C. 1027: but by stat. 43 Geo. committed by one; and the legal construcIII. c. 58. (referred to post, inserted ante, tion of the averment is only that they had Class IV.) à person setting fire to his own done such acts as subjected them to be puhouse, with intent to injure or defraud, is nished as principals in the offence. Upon this guilty of a capital offence. If a person had ground, in a case at Chester spring assizes, set fire to his own house, with intent to de- 1813, á motion in arrear of judgment was fraud the insurance, and the house of another overruled, upon an indictment charging three was burnt, it was felony at common law, and persons jointly with the commission of a rape. within the present statute and 4 and 5 Philip The execution was respited, probably with a and Mary, c.4.
view to enable the learned judges to consult (2) If the indictment charge the setting other authorities on the accuracy of their fire to a barn in the night-time, (which is re- opinion; and the prisoners were afterwards quisite to constitute a felony under stat. 22 executed. and 23 Car. II. c. 7.) the proof of the act See further, as to the offence of shooting, being done in the night-time is not necessary; &c. stat. 43 Geo. III. c. 58. inserted ante, that fact being on this statute immaterial; Class IV. Minton's case, E. P. C. ch. 21. $ 5.
(8) In Durore's case, Leach, case 171, a (3) The indictment may be for setting fire mistake in the name of the person in whose to an out-house, although the building is so house the offence was said to be committed, connected with the dwelling-house as to form was held to be fatal, although the averment part of it in point of law, being a detached of a particular place might not have been nebuilding in the same yard; North’s case, cessary. But Q. if the variance would now E. P. C. c. 21. $ 5.
be held material ? A mistake in the name of (4). The prisoner was bailed upon a com- a person in whose house a robbery is alledged mitment for setting fire to a parcel of un- to be committed is not material; Pye's case thrashed wheat, as not being felony within and Johnstone's case ; 2 E. P. C. 786, the statute ; Judd's case, 2 T. R. 255.
A person shooting in his own house is with(5) The indictment must charge the of- in the Act; R. v. Harris, 1 E. P. C. 415. It is fence to be committed wilfully and maliciius- said in Leach, 4th edit. 1. to Durore's case, ly, as well as feloniously; R. v. Davies, 1 supra, that in Harris's case the name was b. P. C. ch. 8. $ 8.
wrong stated. (6) The offence, to come within this sta- (9) A person carrying or delivering a lettute, must be committed under such circum- ter is not within the Act. Where the wife stances as would amount to murder if death wrote the letter, which was delivered by the had ensued ; 4 Bl. Com. 207 ; Gastineaux's husband, who was privy to the contentscase, E. P. C. ch. 8. $ 6.
ruled that neither could be found guilty ; (7) The shooting in the dark, in a different Hammond's case, Leach, C. 206. The putting direction from that in which the person in- a letter in a place where it is likely to be seen tended to be shot at is going, is not within and read by the person for whom it is intendthe Act; Empson's case, E. P. C. ch. 8. §. 6. ed; or to be found by some other person who Where several were riotously assembled, will forward it to him, seems to be a sufficient and attacked a house with loaded guns, and sending; vi. E. P. C. ch. 23. 55. note. Sendone shot at A. B.; on the others being pre- ing by the post also seems sufficient; ibid. sent, it was ruled that they were all guilty $4. Ťt does not scem necessary to aver, that as principals, and they were executed; the the letter was sent to the person to whom it coalheaver's case, Leach, case 35. R. acc. by is directed; Lloyd's case, ibid. $5. all the judges in Well's case, E. P. C. ch. 8. (10) The contents of thé letter must be set
name, &c. and
ney, &c. fe.
scribed thereto (1) or signed with a fictitious name, demanding (2) money, No XXXV. venison, or other valuable thing (3); or shall forcibly rescue any person 9 Geo. I. being lawfully in custody of any officer or other person for any of the offences before mentioned; or if any person or persons shall, by gift or promise of money, or other reward, procure any of his Majesty's subjects to join him or them in any such unlawful act; every person so offending, being Sending letters thereof lawfully convicted, shall be adjudged guilty of felony, and shall sut- without a fer death as in cases of felony, without benefit of clergy. II. “And whereas notwithstanding the laws now in force against the il
demanding molegal practices above mentioned, and his Majesty's royal proclamation on lony.
the second day of February which was in the year of our Lord one thou• sand seven hundred and twenty-two, notifying the same, many wicked and ' evil-disposed persons have, in open defiance thereof, been guilty of several • of the offences before mentioned, to the great disturbance of the publick
peace, and damage of divers of his Majesty's good subjects. It is hereby enacted by the authority aforesaid, That all and every person and persons Such persons who since the second day of February in the year of our Lord one thou- when to sursand seven hundred and twenty-two have committed or been guilty of any render themof the offences aforesaid, who shall not surrender him, her, or themselves, selves, &c. before the twenty-fourth day of July in the year of our Lord one thousand seven hundred and twenty-three, to any of the justices of his Majesty's Court of King's Bench, or to any one of his Majesty's justices of the peace, in and for the county where he, she, or they did commit such offence or offences, and voluntarily make a full confession thereof to such justice, and a true discovery upon his, her, or their oath or oaths, of the persons who were his, her, or their accomplices in any of the said offences, by giving a true account of their names, occupations, and places of abode, and to the best of his, her, or their knowledge or belief, discover where they may be found, in order to be brought to justice, being thereof lawfully convicted, shall be adjudged gullty of felony, and shall suffer death as in cases of felony, without benefit of clergy. III. Provided nevertheless, That all and every person and persons, who Who entitled
to a pardon. out in the indictment; Lloyd's case, E.P.C. the statute was made. But in truth it was a vach. 23. $ 5.
luable thing at the time when the statute was (1) A letter without a name, in the priso- made, although it might not come under the ner's common hand-writing, sent to a person denomination of goods and chattels, or be the acquainted with the character of such writing, subject of larceny, for it was evidence of a and from the contents plainly shiewing who debt: it might at any time be turned into was the writer, so that there was no intention cash, and was, to the owner, of the value of of concealment, ruled not to be within the the money for which it was given.". In BerAct; Heming's case, E. P. C. ch. 23. § 2.
for sending a threatening letter (2) See Robinson's case, E. P.C. ch. 23. to the Duke of Marlborough, which at the § 2. Leach, case 294, as to what kind of a let- time excited great public attention, the charge ter shall amount to a demand. The letter in in the indictment was for demanding a valuquestion contained terms of request, and in- able thing, to wit, a gentel subsistence for life. timated a threat to publish a libel, charging The prisoner was acquitted upon the merits, the prosecutor with murder, if the request and the validity of the indictment did not was not complied with, (which intention was come direcily in question. The indictment found by the jury,) and the case was ruled to in that case would be now held bad, for not be within the Act: other letters from the pri- setting out the letter. See State Trials, fo. soner, previous to the one upon which the in- vol. x. p. 447—8vo. vol. xix. p. 815. See furdictment was framed, were admitted in evi- ther, as to threatening letters, statutes 27 dence, explaining the letter in question. Geo. II. c. 15, infra, 30, Geo. II. c. 24. post,
(3) In Robinson's case, Leachi, case 294. CI. XI. The latter statute, subjecting persons ch. 23. $2, it was objected, that a Bank-note sending letters with intent to extort money, was not a valuable thing within the meaning &c. to punishment as for a misdemeanonr, of the Act, because at the time when the Act does not repeal this Act, as in the one case was passed it could not be the subject of lar- there must be a demand, in the other only an ceny. Buller J. in delivering the judgment, intent; and if there is a demand, the judges said, “ that the judges were all of opinion, were .of opinion in Robinson's case, ub.supr. that if the thing demanded be valuable at the that the party cannot be convicted of a mistime that the demand is made, that is suffi- demeanour; but this can only apply to such cient, though the thing demanded did not cases as are felony by 9 Geo. I. exist, or the value of it was not known when