VII. And be it further enacted by the authority aforesaid, That this Act shall be openly read at every quarter-sessions, and at every leet or law-day. VIII. Provided always, That no person or persons shall be prosecuted by virtue of this Act, for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after the offence committed (1). No. XXX. 1 Geo. I. st. 2. c. 5. Act to be read at quarter-ses months. Scotland to have the same Power as justices, &c. have in England. Punishment of persons offend IX. 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 putting this present Act in execution within Scotland, as the justices of the peace and other magistrates aforesaid, respectively have by virtue of this Act, within and for the other parts of this kingdom; and that all and every person and persons who shall at any time be convicted of any the offences aforementioned, within that part of Great Britain called Scotland, shall for every such offence incur and suffer the pain of death, and confiscation 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 church, 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 Scotland, how executors, against the county, stewartry, city or borough, respectively, to be recoverwhere such disorders shall happen, the magistrates being summoned in the ed and of ordinary form, and the several counties and stewartries called by edictal whom. eitation at the market-cross of the head-borough of such county or stewartry 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 Majesty 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 notice required by the statute must be given to some of the inhabitants of the hundred, before the plaintiff's examination on oath is delivered to the magistrate, Fowler v. The inhabitants of the hundred of Louinborough, 1 Taunt. & Brod. 64. (1) The clause of limitation of actions given against the hundred by the hue and cry, 27 Eliz. c. 13. for the purpose of indemnifying the party robbed: Held, not to have been adopted by the Riot Act, 1 Geo. I. c. 5. and the subsequent statutes as a necessary consequence of their reference to the 27 Eliz. and that the words in such manner,' &c. are confined to the mode of reimbursing the person damnified on the recovery of damages. In the case of the demolition of the works of mills, the determining whether the works destroyed belonged to the mills, or were independent of it, forms a question for the jury, whose finding will be conclusive of that fact. Rushforth v. Beatson, 1 Price, 343. [No. XXXI.] 1 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.] [No. XXXII.] 1 George I. st. 2. c. 48.--An Act to en VOL. V. R . 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. XXXIII.] 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. Cl. XL. No. 6.] [No. XXXIV.] 6 George I. c. 23.-An Act for the further 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 6 Geo. I. c. 23. After June 24 1720, assaulting any person in the streets, &c. to tear their cloaths, &c. shall be guilty of felony, and may be transported for seven years. 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 in the publick streets or highways, with an intent to tear, spoil, cut, burn or deface, and shall tear, spoil, cut, burn or deface, the garments or cloaths of such person or persons, that then all and every person and persons so offending, being thereof lawfully convicted, shall be and be adjudged to be 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 before whom he, she or they shall be tried, shall have full power and authority of transporting such felons for the space of seven years, upon the like terms and conditions as are given, directed or enacted by this or the before recited Act (2). (1) For further parts of this Act, see vol. vi. (2) In Rex v. Williams, 1790. the prisoner, (who from having made various assaults on females in the streets of London, with a sharp instrument, had excited considerable terror, and was the subject of general conversation by the name of the monster) being indicted on this Act, and it appearing that he had cut and severely wounded the prosecutrix, and made a rent in her cloaths. Buller J. was of opinion, that the case was within the Act, on the ground that the intent was to wound by cutting through the cloaths, and therefore the party must have intended to cut the cloaths, and relied on the case of Coke and Woodburne, on the Coventry Act, 22 and 23 No. XXXV. 9 Geo. I. c. 22. Charles II. c. 1. (ante, No. 24); but the ma- [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 associated themselves under the name of Blacks, and entered into con'federacies to support and assist one another in stealing and destroying of 6 9 Geo. I. c. 22. ' 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 swords, fire-arms, and other offensive weapons, several of them with their faces blacked, or in disguised habits, unlawfully hunted in forests belonging 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'veral persons, demanding venison and money, and threatening some great 'violence, if such their unlawful demands should be refused, or if they should be interrupted in, or prosecuted for such their wicked practices, and have ' actually done great damage to several persons, who have either refused to comply with such demands, or have endeavoured to bring them to justice, to the great terror of his Majesty's peaceable subjects:' For the preventing which wicked and unlawful practices, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same, That if any person or persons, from and after the first day of June, in the year of our Lord one thousand seven hundred and twenty-three, being armed with swords, fire-arms, 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 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 fences are within the provisions of the Act, whether the parties be armed and disguised, or not. (2) This provision was held, in Davies' case, Leach, case 225, to be repealed by stat. 16 Geo. III. c. 30, (post, PartVI. Class XIX. No. 44.) which subjects the same offence, in the first instance, to pecuniary penalties, and in the second, to transportation. By 42 Geo. III. c. 107. (post, Part VI. Class XIX. No. 47.) it is made a transportable felony in the first instance. Persons disguised and in arms appear&c. and killing ing in forest, deer, &c. deemed felons. malice being a question for the jury; Ranger's case, 1798. See E. P. C. c. 22. § 16. In a late case of the King and Dawson, at Cambridge Assizes, the prisoner was convicted and executed for destroying race horses at Newmarket, by putting poison into their watering troughs, for the purpose of preventing their running. (4) For other provisions respecting the destruction of trees, see Part VI. Class XI. (5) The words "unlawfully and maliciously" are here omitted; but Q. whethey they are not necessary in an indictment? Minton's case, E. P. C. c. 21. §5.-In an action against the hundred, it is sufficient to alledge the act to have been done feloniously, without adding "unlawfully and maliciously;" Allen v. Hundred of Kirton, 3 Wils. 318. 2 Black. Rep. 842. Setting fire to paper in a building, with intent to burn the building, unless there is an actual burning of the building, or some part of it, does not amount to arson; Taylor's case, Leach, case 25. The burning a house, or the outbuildings forming a parcel thereof, or a barn with corn or hay, is felony at common law; and the statutes only take away the benefit of clergy; 1 Hale, 567. (3) An indictment for killing a horse, mare, &c. is sufficient within this clause, without averring them to be cattle; Paty's case, 2 Bl. Rep. 721. The offence must be committed from malice towards the owner. The wounding a cow, with intent to commit bestiality, is not within the Act; Pearce's case, Leach, case 237: nor a wounding a horse out of malice or passion towards the animal; Hone's case, note, ibid.; Shepherd's case, Leach, case 243. So cutting the legs of sheep that broke over an inclosure; E. P. C. 1073. But it is not necessary to prove a previous existing case against the owner; the fact of [Part V. No. XXXV. set fire to any house (1), barn (2) or out-house (3), or to any hovel, cock, mow, or stack (4) of corn, straw, hay or wood; or shall wilfully (5) and 9 Geo. I. maliciously (6) shoot at (7) any person in any dwelling-house, or other c. 22. place (8); or shall knowingly send (9) any letter(10) without any name sub$7. In that case the prisoner was charged in one count as shooting, in another as aiding and abetting. In Rex v. Gibson and two others, upon an indictment against them for shooting, it was moved in arrest of judgment, that three could not be guilty of the same act of shooting. Eyre B., in the conference of the judges, said they might, if a string were tied to a trigger, and they all pulled it. No judgment was given; (the only prisoner found guilty having been convicted of another capital offence) and the profession would have suffered no loss if this childish conceit had never been recorded. If it is settled, that under a charge for doing an act, a person may be convicted for acting as príncipal in the second degree, there is no inconsistency in alledging an act to be done by several, which could, in its immediate operation, be only committed by one; and the legal construction of the averment is only that they had done such acts as subjected them to be punished as principals in the offence. Upon this ground, in a case at Chester spring assizes, 1813, a motion in arrear of judgment was overruled, upon an indictment charging three persons jointly with the commission of a rape. The execution was respited, probably with a view to enable the learned judges to consult other authorities on the accuracy of their opinion; and the prisoners were afterwards executed. (1) A common gaol is a house within the meaning of the Act. In the differeut counts of the indictment it was described as the house of the gaoler, of the corporation to which it belonged, and of the person whom the gaoler suffered to live in the dwellinghouse forming part of the building; Donovan's case, 1770, Leach, case 37. At common law, and under this statute, the burning must be of the house, &c. of another to constitute arson; and the burning by a tenant for years, (R. v. Holmes, Cro. Car. 376, W. Jones, 351, Pedley's case, 1 Leach, case 122, Breeme's case, Leach, case 109,) or a mortgagor in possession, Leach, case 218, is not sufficient. Secus as to a woman merely entitled to dower, not assigned; Foster, 113; or a pauper put into a house, to live therein with his family, by the parish officers; Gowen's case, E. P. C. 1027: but by stat. 43 Geo. III. c. 58. (referred to post, inserted ante, Class IV.) à person setting fire to his own house, with intent to injure or defraud, is guilty of a capital offence. If a person had set fire to his own house, with intent to defraud the insurance, and the house of another was burnt, it was felony at common law, and within the present statute and 4 and 5 Philip and Mary, c. 4. (2) If the indictment charge the setting fire to a barn in the night-time, (which is requisite to constitute a felony under stat. 22 and 23 Car. II. c. 7.) the proof of the act being done in the night-time is not necessary; that fact being on this statute immaterial; Minton's case, E. P. C. ch. 21. § 5. (3) The indictment may be for setting fire to an out-house, although the building is so connected with the dwelling-house as to form part of it in point of law, being a detached building in the same yard; North's case, E. P. C. ch. 21. § 5. (4) The prisoner was bailed upon a commitment for setting fire to a parcel of unthrashed wheat, as not being felony within the statute; Judd's case, 2 T. R. 255. (5) The indictment must charge the of fence to be committed wilfully and maliciously, as well as feloniously; R. v. Davies, 1 E. P. C. ch. 8. § 8. (6) The offence, to come within this statute, must be committed under such circumstances as would amount to murder if death had ensued; 4 Bl. Com. 207; Gastineaux's case, E. P. C. ch. 8. § 6. (7) The shooting in the dark, in a different direction from that in which the person intended to be shot at is going, is not within the Act; Empson's case, E. P. C. ch. 8. §. 6. Where several were riotously assembled, and attacked a house with loaded guns, and one shot at A. B.; on the others being present, it was ruled that they were all guilty as principals, and they were executed; the coalheaver's case, Leach, case 35. R. acc. by all the judges in Well's case, E. P. C. ch. 8. See further, as to the offence of shooting, &c. stat. 43 Geo. III. c. 58. inserted ante, Class IV. (8) In Durore's case, Leach, case 171, a mistake in the name of the person in whose house the offence was said to be committed, was held to be fatal, although the averment of a particular place might not have been necessary. But Q. if the variance would now be held material? A mistake in the name of a person in whose house a robbery is alledged to be committed is not material; Pye's case and Johnstone's case; 2 E. P. C. 786. A person shooting in his own house is within the Act; R. v. Harris, 1 E. P. C. 415. It is said in Leach, 4th edit. n. to Durore's case, supra, that in Harris's case the name was wrong stated. (9) A person carrying or delivering a letter is not within the Act. Where the wife wrote the letter, which was delivered by the husband, who was privy to the contentsruled that neither could be found guilty; Hammond's case, Leach, c. 206. The putting a letter in a place where it is likely to be seen and read by the person for whom it is intended; or to be found by some other person who will forward it to him, seems to be a sufficient sending; vi. E. P. C. ch. 23. § 5. note. Sending by the post also seems sufficient; $4. It does not seem necessary to aver, that the letter was sent to the person to whom it is directed; Lloyd's case, ibid. § 5. ibid. (10) The contents of the letter must be set 9 Geo. I. c. 22. 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 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 thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy. Sending letters without a name, &c. and demanding mo ney, &c. fe lony. II. And whereas notwithstanding the laws now in force against the illegal practices above mentioned, and his Majesty's royal proclamation on 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 out in the indictment; Lloyd's case, E. P. C. ch. 23. § 5. (1) A letter without a name, in the prisoner's common hand-writing, sent to a person acquainted with the character of such writing, and from the contents plainly shewing who was the writer, so that there was no intention of concealment, ruled not to be within the Act; Heming's case, E. P. C. ch. 23. § 2. (2) See Robinson's case, E. P. C. ch. 23. § 2. Leach, case 294, as to what kind of a letter shall amount to a demand. The letter in question contained terms of request, and intimated a threat to publish a libel, charging the prosecutor with murder, if the request was not complied with, (which intention was found by the jury,) and the case was ruled to be within the Act: other letters from the prisoner, previous to the one upon which the indictment was framed, were admitted in evidence, explaining the letter in question. (3) In Robinson's case, Leach, case 294. ch. 23. §2, it was objected, that a Bank-note was not a valuable thing within the meaning of the Act, because at the time when the Act was passed it could not be the subject of larceny. Buller J. in delivering the judgment, said, “that the judges were all of opinion, that if the thing demanded be valuable at the time that the demand is made, that is sufficient, though the thing demanded did not exist, or the value of it was not known when to a pardon. the statute was made. But in truth it was a valuable thing at the time when the statute was made, although it might not come under the denomination of goods and chattels, or be the subject of larceny, for it was evidence of a debt: it might at any time be turned into cash, and was, to the owner, of the value of the money for which it was given." In Bernard's case, for sending a threatening letter to the Duke of Marlborough, which at the time excited great public attention, the charge in the indictment was for demanding a valuable thing, to wit, a genteɛl subsistence for life. The prisoner was acquitted upon the merits, and the validity of the indictment did not come directly in question. The indictment in that case would be now held bad, for not setting out the letter. See State Trials, fo. vol. x. p. 447-8vo. vol. xix. p. 815. See further, as to threatening letters, statutes 27 Geo. II. c. 15, infra, 30.Geo. II. c. 24. post, Cl. XI. The latter statute, subjecting persons sending letters with intent to extort money, &c. to punishment as for a misdemeanour, does not repeal this Act, as in the one case there must be a demand, in the other only an intent; and if there is a demand, the judges were of opinion in Robinson's case, ub.supr. that the party cannot be convicted of a misdemeanour; but this can only apply to such cases as are felony by 9 Geo. I. |