Receive and Buy of the said Felons the Goods so by them felo niously taken, and also do make it their business to Harbour and Conceal the said Offenders after the said facts, knowing the said Felonies and Burglaries to have been by them committed; and then enacts, (by s. 5.) that if any person or persons shall Receive or Buy any goods or chattels that shall be feloniously taken or stolen from any other person, knowing the same to be stolen, or shall Receive, Harbour, or Conceal any Burglars, Felons, or Thieves, knowing them to be so, shall be taken and received as Accessary or Accessaries to the said Felony or Felonies, and being of either of the said Offences legally convicted by the testimony of one or more credible Witnesses, shall suffer and incur the pains of Death as a Felon convict. (And see Title RECEIVING STOLEN GOODS.) Accessaries after the fact, by receiving felons, ousted of clergy. § 4. Entering a house without breaking with intent to commit felony, or being therein it and committing felony, and breaking the house in the Whereas there has been some doubt whether the entring into the Mansion-house of another, without breaking the same, with an intent to commit some Felony, and breaking the said House in the night-time to get out, be Burglary; be it declared and enacted, that if any person shall enter into the Mansion or Dwelling house of another, by Day or by Night, without breaking the same, with an intent to commit Felony, or being in such night to get out, House shall commit any Felony, and shall in the night-time declared to be break the said House to get out of the same, such person is and shall be adjudged and taken to be guilty of Burglary, and shall be ousted of the Benefit of his and her Clergy, in the same manner as if such person had broke and entred the said House in the night-time, with an intent to commit Felony there. 12 Ann. st. 1. c. 7. s. 3. Burning. (And see Titles ARSON, MALICIOUS INJURIES, MILLS, and other Titles of this Work, passim). § 1. Burning Wains or Carts laden with Coals, &c. burglary. sons burning wains, &c. laden If any person or persons shall maliciously, willingly, and unlaw- Penalty on perfully burn or cause to be burned any Wain or Wains, Cart or Carts laden with Coals, or any other Goods or Merchandizes of with coal, &c. any other person or persons, that then every such offender shall not only lose and forfeit treble Damages to the party grieved, to be recovered by action of trespass to be taken at the common law, but also ₤10 sterling to the King, in the way of a fine. 37 H. 8. c. 6. Penalty on persons burning for coal, billets, or talwood. § 2. Burning any Heap of Wood, prepared &c. for making Coals, Billets, or Talwood. If any person or persons shall maliciously, willingly, and unlawwood prepared fully burn or cause to be burned, any Heap or Heaps of Wood of any other person, prepared, cut, and felled for making of Coals, Billets, or Talwood, that then every such offender shall not only lose and forfeit treble Damages to the party grieved, to be recovered by action of Trespass to be taken at the Common Law, but also £10 sterling to the King in the way of a fine. 37 H. 8. c. 6. Punishment of §3. Burning Grig, Ling, Heath, Furze, Goss, or Fern, or abetting or assisting therein. For the better preserving the Red and Black Game of Grouse, persons burning commonly called Heath-Cocks or Heath-Polts, no person whatat certain periods soever on any Mountains, Hills, Heaths, Moors, Forests, Chases, of the year. or other Wastes, shall presume to burn, between the 2d February and 24th June, any Grig, Ling, Heath, Furze, Goss, or Fern, upon pain that the offender or offenders shall be committed to the House of Correction for any time not exceeding one month, and not less than ten days, there to be whipt and kept to hard labour. 4, 5 W. & M. c. 23. s. 11. Mr. East, in his Treatise on the Pleas of the Crown, makes the following observations on this Statute: "This provision is to be found in an Act made for the general preservation of Game, which in other clauses gives a summary method of prosecution and conviction before one Justice of the Peace, who in default of the offender's paying a certain penalty, is enabled to direct the specific punishment above described to be inflicted on him; and it is probable that the same method of proceeding was intended to be applied to offences described in the 11th section. Yet as such Summary Jurisdiction is not expressly given to Justices of Peace, the common opinion has been, that the trial and conviction must be at the Assises or in the Superior Courts ; though if the fact be wilfully done, there seems no reason why the Justices in Sessions may not take cognizance of it as a nuisance, or in some cases even as a breach of the peace. The subsequent act of 28 G. 2. c. 19. s. 3. does not affect to repeal the abovementioned clause, but merely reciting that the Laws then in being were not sufficient to prevent the offences, enacts, that if any person or persons, not having a right or legal licence to do the same, shall, after the 1st August 1755, set fire to, burn, or destroy, or shall abet, aid, or assist in or at the burning or destroying of any Goss, Furze, or Fern growing or being in or upon any Forest or Chace within England, without the licence or consent of the owner or proprietor, or the person chiefly entrusted with the care, oversight, and custody of such Forest or Chace, or some part thereof, &c.; the Statute then proceeds to give a Summary Jurisdiction to one or more Justices of the Peace to convict the person so offending in a certain penalty, and to commit him to Gaol, in default of payment, for a given time." East, P. C. 1048. § 4. Burning any Barn, or Stack of Corn, or Grain, in the Northern Counties. barns, or stacks of corn, in the northern counties, shall suffer death. Whoever shall wilfully and of malice burn or cause to be Persons burning burned, or aid, procure, or consent to the burning of any Barn or Stack of Corn or Grain, within any the said Counties or places aforesaid [i. e. Cumberland, Northumberland, Westmorland, and the Bishoprick of Duresme, are mentioned in the preamble to the Act], and shall be of the said several offences or any of them indicted, and lawfully convicted, or shall stand Mute, or shall Challenge Peremptorily above the number of twenty, before the Justices of Assises, Justices of Gaol Delivery, Justices of Oyer and Terminer, or Justices of Peace, within any of the said Counties, at some of their General Sessions within some of the said Counties to be holden, shall be reputed, adjudged, and taken to be as Felons, and shall suffer pains of Death without any benefit of Clergy, Sanctuary, or Abjuration, and shall forfeit as in case of Felony. 43 Eliz. c. 13. s. 2. Persons outlawed upon this Statute shall be proclaimed by the Sheriff at the places named in the Act; and persons conferring with or relieving such Outlaws, shall be imprisoned six months, and find sureties for one year. s. 4, 5. Butcher. A Butcher that selleth Swines Flesh meazled, or Flesh dead The punishment of the Murrain, after he shall be convicted thereof, for the first of a butcher selling unwholesome time he shall be grievously amerced, the second time he shall meat. suffer judgment of the Pillory, and the third time he shall be imprisoned and make fine, and the fourth time he shall forswear the town. And in this manner shall it be done of all that offend in Stats. temp. H. 3. Ed. 1 & 2. c. 7. like case. § 1. Offenders con victed of steal I. Larceny of Cattle. Cattle. § 1. By Statute 37 H. 8. c. 8. s. 2. 1 Ed. 6. c. 12. s. 10. and 2, 3 Ed. 6. c. 33. persons stealing any Horse, Gelding, Mare, Fole, or Filly, being Convicted, or Confessing, or standing Mute, or challenging peremptorily above 20, ousted of Clergy. By statute 14 G. 2. c. 6. persons stealing Sheep or The above stat. 14 G. 2. declared to extend to any 2. By statute 31 Eliz. c. 12. s. 5. Accessaries before and § 3. By the statute 31 Eliz. c. 12. s. 4. regulations are enacted as to the restitution of Horses stolen. II. Maliciously Killing or Maiming Cattle. By statute 37 H. 8. c. 6. maliciously cutting out the By statute 22, 23 Car. 2. c. 7. maliciously in the night- III. Delivering, sending, receiving, or taking, &c. on board I. Larceny of any Horse, Mare, Gelding, Fole, Filly, Sheep, If any person or persons at any time do steal any Horse, Gelding, Mare, Fole, or Filly, and thereof be found guilty by the Verdict of twelve men, or by his own confession be attainted, or otherwise be indicted for such offence, and thereupon arraigned, lose their clergy. and do stand Mute of malice or froward mind, or challenge per ing horses, &c. or standing mute, &c. shall emptorily above 20, or else will not answer directly to the same indictment and felony whereupon he is so arraigned, every such person and persons shall not be admitted to have the benefit of his or their clergy, but utterly be excluded thereof, and shall suffer death. 37 H. 8. c. 8. s. 2. The statute 1 Ed. 6. c. 12. s. 10. enacts, that no person or persons, that at any time hereafter shall be in due form of law attainted or convicted for felonious stealing of Horses, Geldings, or Mares, or being indicted or appealed of any of the same offences (1), and thereupon found guilty by verdict of twelve men, or shall confess the same upon his or their arraignment, or will not answer directly, according to the Laws of this Realm, or shall stand wilfully or of malice Mute, 'shall not be admitted to have or enjoy the privilege or benefit of his Clergy or sanctuary, but shall be put from the same. Persons stealing cattle ousted of clergy. The Statute 2, 3 Ed. 6. c. 33. reciting a doubt upon the words Persons stealing of 1 Ed. 6. c. 12. s. 10. whether a person stealing one Horse, ousted of clergy. one horse, &c. Gelding, or Mare, ought to be allowed Clergy, declares and enacts, that every person feloniously taking or stealing any Horse, Gelding, or Mare, shall not be admitted to have or enjoy the benefit of his or their Clergy, but shall be put from the same in like manner as though they had been indicted or appealed for felonious stealing of two Horses, two Geldings, or two mares of any other, and thereupon found guilty by verdict of twelve men, or confessed the same, or stand wilfully or of malice Mute. Whereas many evil-disposed persons have of late more generally and frequently than was ever known before, made it their practices secretly in the night-time to drive away and steal great numbers of Sheep, and likewise secretly in the nighttime to kill great numbers of Sheep and to strip off their skins and then steal the earcases of the Sheep so killed, leaving their skins behind to prevent discoveries, and also in like manner to kill great numbers of Sheep, and then cut open the Sheep so killed, and take out and steal their inward fat, leaving their carcases behind to prevent being discovered, by which wicked practices many of his Majesty's good subjects have been very greatly injured in their properties, and put to very great charges in having their Sheep and other Cattle watched: and whereas the Laws in being have not proved effectual to prevent the increase of the said wicked practices; be it therefore enacted, that if any person or persons shall at any time from Persons stealing and after 1 May 1741, feloniously drive away or in any other sheep or other manner feloniously steal one or more Sheep or other Cattle of (1) Many different offences are particularized in this section of the act, all of which will be found under the proper divisions of this work. cattle, or killing |