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In the Night. Misd. pun. Tr. for 14 or 7 yrs. or

Impr. not ex. 3 yrs. 9 Geo. 4. c. 69. s. 9,

See Game, p. 61, ante.
With intent to murder, fel. pun. D. 9 Geo. 4.

c. 31. s. 11.
Before and after the fact. 7 Geo. 4. c. 64. See

Accessaries, p. 2, ante.
Obtaining goods, money, &c. by false pretences,

misd. pun. Tr. Fine, or Impr. 7 & 8 Geo. 4.

c. 29. See False Pretences, p. 52, ante. PRISON BREACH AND RESCUE. Rescuing, or aiding or assisting in rescuing, from

the lawful custody of any constable, &c. or other person whomsoever, any person charged with or suspected of fel, ; then if the person so offending shall be cony.of fel. and be entitled to benefit of clergy, and liable to Impr. not ex. one yr., the Ct. may order that such person, instead of being so fined and impr. as aforesaid, (a) to be Tr. for 7 yrs. or Impr. only, or Impr. with H. L. in the com. g. or H. C. or Peniten. not less than 1, nor ex. 3 yrs. 2 Geo. 4. c. 88.(b) s. 1.

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(a) So in the stat.
(1) So much of this act as relates to the offences of as-



PRIVY COUNCILLORS, assaulting them.
Assaulting a privy councillor was formerly a ca-

pital offence by 9 Ann. c. 16. but that stat.
is repealed by the 9 Geo. 4. c. 31., and there

is no specific provision made in its stead.
All who are present, assisting or in way counte-

nancing a prize fight, are guilty of an offence.
It is the duty of magistrates to cause the com-
batants to come before them, and compel
them to enter into recognizances to keep the
peace till the next assizes or sessions, and on
refusing so to do to comm. them. Rex v.

Billingham, 2 C. & P. 234.
Persons charged with offences punishable by sum- 7 & 8G. 4.

mary conv. may be compelled to appear either
by summons or warrant, at the discretion of
the J. 7 & 8 Geo. 4. c. 30. s. 30. See

Summary Conviction, post.
PRIZE MONEY, East India.
Making a false oath relative to East India prize 1& 2 G. 4.

money belonging to soldiers and seamen in C. 01
the service of the E. I. C. Perj. pun. as

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saulting, beating, and wounding constables, &c. or other persons, with intent to obstruct, resist, or prevent the apprehension or detention of a person charged with or suspected of fel. is repealed by 9 G.4. c. 31. and the remedy in that case is provided for by that stat. s. 12. 25.

PRIZE MONEY-continued. 1 & 2 G.4.

persons guilty of perj. in England. 1 & 2 c. 61.

Geo. 4. c. 61. s. 6.
Procuring or suborning any person to swear falsely

for any such purpose ; pun. as for perj. Id. PROPERTY, laying of, in the indictment. See

Indictment, p. 85, ante.
Setting fire to any stack of pulse, corn, or grain, (a)

or crops of pulse, &c. (6) fel. See Arson,

p. 10, ante.

PUNISHMENT OF FELONY in General. (c) 7&8 G.4. Every person conv. of fel. not punishable with D. c. 28.

shall be pun. in the manner prescribed by the

stat. specially relating to such fel. And every person conv. of fel. for which no pun.

hath been, or hereafter may be specially provided, shall be pun. under this act, and at the disc. of the Ct. Tr. not ex. 7 yrs. or Impr. not ex. 2 yrs.; and if a male, to be once, twice

(a) That is, corn, pulse, &c. brought home and stacked. (6) That is, when in the field.

(c) The month by the common law is but 28 days, and so in the case of inrollment of deeds, and generally in all cases where months are mentioned in a statute ; but when a statute mentions a year, half year, or quarter of a year, then it is to be reckoned according to the calendar : a twelve month in the singular number, includes the whole year according to the calendar, but twelve months, six months, &c. in the plural number, are to be reckoned after the rate of 28 days to every month. Inst. 135, 6. Cro. Jac. 167. 141.

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or thrice pub. or priv. W. (if the Ct. thinks 7 & 8 G.4. . fit,) in add. to Impr. 7 & 8 Geo. 4. c. 28. o.

s. 8. Solitary Confinement.. Where any person is conv. of any indictable s. 9.

c. 30. s.27. off. punishable under this act, for which c.29.5.4. Impr. only may be awarded, (a) the Ct. may sentence the offr. to be Impr. only, or Impr. with H. L. in the com. g. or H. C. and also order sol. confi. for the whole or any portion of the Impr. or of such Impr. with H. L. as the Ct. think fit. Id. s.9. 7 & 8 Geo. 4.

c. 30. s. 27. 7 & 8 Geo. 4. c. 29. s.4.
Punishment after another sentence is expired.
.Whenever sentence shall be passed for fel. on a s. 10.

person already impr. under sentence for ano-
ther crime, the Ct, may award impr. for the
subsequent off., to commence at the expira-
tion of the previous sentence of impr. Id.

s. 10.
Where any such person shall be already under

sentence of impr. or Tr. the Ct. may award
such sentence for the subsequent off. to com-

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- (a) Such punishment can only be adjudged by the court, and cannot be inflicted by a J. in any case of conv. ; the words of this section confine it to indictable offences, on which the party has been conv. and ordered to be Impr. as part of the punishment. .

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mence at the expiration of the previous sentence of Impr. or Tr. although the aggregate term of Impr. or Tr. respectively may ex. the term for which either of those punishments

could be otherwise awarded. Id. For felony a second time. If any person shall be conv. of any fel. not

punishable with D. comm. after a previous
conv. for fel. pun, on such subsequent conv.
at the disc. of the Ct. Tr. for life, or not less
than 7 yrs.; or Impr. not ex. 4 yrs., and if a
male, to be once, twice or thrice pub. or priv.
W. (if the Ct. think fit,) in add. to Impr.

Id. s. 11.
What is sufficient to be stated in the ind. for fel.

after a previous conv.
It is sufficient to state that the offr. was at a

certain time and place conv. of fel. without otherwise describing the previous fel. and a cert. containing the substance and effect only (omitting the formal part) of the ind. and conv. for the previous fel. purporting to be signed by the clerk of the Co. or other proper officer, and upon proof of the identity of the person of the offr., or sufficient evidence of the 1st. conv. without proof of the signature or official character of the person appearing to have signed the same. Id.

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