Page images
PDF
EPUB

CARNAL KNOWLEDGE-continued.

misd. pun. Impr. with or without H. L. for 9 G. 4. such time as the Ct. shall award.

c. 31. s. 17.

As to proof of the offence, it is not necessary in s. 18.

any such case to prove actual emission of seed, in order to constitute a carnal knowledge, but the carnal knowledge is complete upon proof of penetration only. Id. s. 18. CARPENTER, Ship.

Assaulting. See Assault on Seamen, p. 14. ante.
CARRIAGE OF GOODS.

The 24 sect. of 3 W. & M. c. 12. and 3 sect. of 7 & 8 G. 4.

21 Geo. 2. c. 28. which gave power to ma-
gistrates in Q. Sess. to fix the rates of car-
riage, and to impose pen. for taking other

rates, are repealed by 7 & 8 Geo. 4. c. 29.
s. 44.

CASTER.

Assaulting. See Assault, p. 11. ante.
CATTLE.

Killing, maiming or wounding any cattle, (a), fel.
pun. at the disc. of the Ct., Tr. for life, or

stat.

(a) Pigs are considered cattle within the meaning of this Rex v. Chapple, R. & Ry. C. C. R. 77. And asses, Rex v. Whitney, Ry. & M. C. C. R. 3.

The wound need not be such as to cause a permanent injury. Rex v. Haywood, R. & Ry. C. C. R. 16.

But injuring a sheep by setting a dog at it is not such a maiming or wounding as was within the 4 G. 4. c. 54. Rex Chalkley, Id. 258.

V.

c. 29.

c. 30.

7 & 8 G. 4. c. 30.

CATTLE-continued.

not less than 7 yrs., or Impr. not ex. 4 yrs. and if a male, once, twice or thrice pub. W. in add. to the Impr., (if the Ct. think fit). 7 & 8 Geo. 4. c. 30. s. 16.

7 & 8 G. 4. Stealing horses and cattle, or killing with intent to

c. 29.

steal the carcase or skin, or any part of the cattle so killed, fel, pun. D. 7 & 8 Geo. 4. c. 29. s. 25. See Horses, post. Accessaries after the fact in horse stealing, are not punishable with D.

If a person stealing other property, takes a horse,
not with intent to steal it, but only to assist
in getting away with the other property, such
taking a horse is not a fel. Rex v. Crump,
1 C. & P. 658. See also Rex v. Phillips
et al. 2 East, P.C. 662, 663.

Killing or maiming cattle. See Cattle, p. 23. ante.
CERTIORARI,

7 & 8 G. 4. May issue before ind. found. 7 & 8 Geo. 4.

c. 28.

7 G. 4. c. 48.

c. 28. s. 4.

But it will not be granted unless the objections

[ocr errors]

to the proceedings be stated. 7 Geo. 4. c. 48. s. 17.

Objections to be stated in cases relative to revenue

[blocks in formation]

Justices may amend any information, conv. or

warrant of comm. for any offence under the acts relating to the customs. Id.

CHALLENGE OF JURORS-CHELSEA HOSPITAL.

CHALLENGE OF JURORS.

c. 28.

25

Persons arraigned for treason, fel. piracy or misd. 7&8G.4. challenging peremptorily a greater number of the jury than they are entitled by law to do, every challenge beyond the number allowed by law is void, and the trial to proceed as if no such challenge had been made. 7 & 8 Geo. 4. c. 28. s. 3..

No challenge can be taken either to the array or to the polls until a full jury appear. Rex v. Edmunds, 4 B. & A. 471.

If the panel is quashed on a challenge of the array for unindifferency of the sheriff, the prosecutor should apply to the Ct. to direct a new jury process to the coroners. Rex v. Dalby, 1 D. & R. 145.

CHELSEA HOSPITAL.

In ind. for stealing or embezzling property belonging 7 G. 4. to, the property should be laid in "the Lords c.16. and others Commissioners of the Royal Hospital for Soldiers at Chelsea, in the co. of Midd. ;" and also respecting frauds by personating, &c. and forgeries relative to this hospital. 7 Geo. 4. c. 16. s. 35, 36.

Persons guilty of offences relating to Chelsea Hos- s. 38. pital, and pensioners, &c. fel. pun. Tr. for life, or such term as the Ct. shall adjudge. 7 Geo. 4. c. 16. s. 38.

C

7 G. 4. c. 16.

CHELSEA HOSPITAL-continued.

Persons falsely taking the oaths relating to, are guilty of perjury. Id. s. 16. 27, 28.

CHEATS.

7 & 8 G.4. Obtaining by false pretences any chattel money,

c. 29.

or valuable security, with intent to cheat and defraud, misd. pun. at the disc. of the Ct. Tr. for 7 yrs. or Fine or Impr. or both. 7 & 8 Geo. 4. c. 29. s. 53.

Id.

If a person obtains such property in any such
manner as to amount to larceny, he is not
entitled to be acquitted of the misd.
And no such ind. shall be removed by certiorari ;
and no person tried for such misd. shall be
liable to be afterwards prosecuted for larceny
upon the same facts. Id.

CHILD STEALING.

Leading, taking, decoying or enticing away by force or fraud, a child under ten yrs. with intent to deprive any person having the lawful care, charge or possession of the child, or with intent to steal any article upon or about such child, to whomsoever such article may belong, or receiving or harbouring such child knowing the above circumstances, and all aiders and abetters, fel. Tr. for 7 yrs. or Impr. with or without H. L. not ex. 2 yrs. if a male, to be once, twice or thrice pub. or priv,

CHILD STEALING-continued.

Wh. in add. to the Impr. if the Ct. think fit. 9 G. 4.
9 Geo. 4. c. 31. s. 21.

But not to extend to fathers taking their ille-
gitimate children. Id.

CHURCH AND CHURCH YARDS.

Striking in. The acts relating to these offences

are repealed by 9 Geo. 4. c. 31. See Brawl-
ing in Churches and Church Yards, p. 20,

ante.

CLERGY.

Benefit of, abolished. See Benefit of Clergy, p. 19, ante.

CLERGYMEN, Arresting of. See Arrest, p. 10, ante.

Beating of. This was punishable under the arti9 Ed. 2. st. 1. c. 5. repealed

culo cleri.

by 9 Geo. 4 c. 31.

CLERKS AND SERVANTS.

c. 31.

Larceny by, pun. at the disc. of the Ct. Tr. not 7 & 8 G.4.

ex. 14 nor less than 7 yrs. or Impr. not ex.
3 yrs. if a male, to be once, twice or thrice
pub. or priv. W. in add. to the Impr. if
the Ct. think fit. 7 & 8 Geo. 4. c. 29.
s. 46.

Embezzlement by, pun. as above. Id. s. 47.
CLERKS IN ORDERS.

Beating. See Clergymen, ante.

c. 29.

« EelmineJätka »