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c. 29,


menace or by force, fel. pun. Tr. for life or 7 7 & 8 G. 4.
yrs. or Impr. not ex. 4 yrs. If a male, to be
once, twice, or thrice pub. or priv. W. in
add. to the Impr. 7 & 8 Geo. 4. c. 29.

s. 6.

Of the deceased is admissible evidence on an

ind. for murder, altho' taken when the pri-
soner was charged with robbing a manufac-
tory, of which the deceased was guard, and
altho' the greater part had been reduced into
writing during his absence, if the deposition
is afterwards re-sworn in the presence of the
prisoner; the deposition being then read over
and stated by the deceased to be correct, and
the prisoner being asked if he had any ques-
tions to put. Rex v. Smith, R. & Ry.C.C.R.

339. 2 Stark. N. P.C. 208.
The judge may order the depositions to be read

when a witness upon a trial is giving evi-
dence contradictory to the facts contained in
the deposition, in order to impeach the credit

(a) The clerks of Js. should be careful in drawing up the formal introductory part of a deposition, as a very great number of those returned to the judge at the assizes would not be admitted as evidence, if the deponents were dead, by reason of some mistake or omission in point of form. Car. C. L.

P. 63.

c. 17.

DEPOSITIONS- continued.

of the witness. Rex v. Oldroyd, R. & Ry. C. C. R. 88. Lord Ellenborough and Sir James Mansfield, C. Js. thought the pro

secutor had a right to call for it.

DISTRESS, 7& 8G. 4. Costs of, for rates, taxes, tithes and assessments.

All the rules, regulations, clauses, provisions,

penalties, matters and things mentioned in the act 57 Geo. 3. c. 93. limiting the charges of brokers, on distraining for rents not ex. 201. are to extend as far as the same are applicable and capable of being prut in execution with respect to any distress or levy for any land tax, assessed taxes, poor rates, church rates, taxes, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatever, in all cases where the sum demanded or due shall not ex. the sum

201. 7 & 8 Geo. 4. c. 17. And in all cases where the whole of the several

sums sought to be levied by distress for different purposes at the same time, shall not ex. the sum of 201. and such costs, and no other, shall be taken as costs and charges of

the levy and disposition of such distresses. Id. And all such proceedings may be had against per

sons transgressing the regulations of the said act, in distraining for such taxes, &c. and all

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c. 30.

such persons shall be liable to and incur the 7 & 86.4.

c. 17.
like penalties as by the said act are directed
with respect to persons distraining for rent

contrary to this act. Id.
And, that in any order or judgment of any Js.

before whom any complaint shall be made in
consequence of this act, such order shall be
expressed, to be made upon a complaint for
the breach of the said above-mentioned act
as amended by this act, and the said act and
this act shall be construed together as one

act. Id. DOGS, Stealing of. (Summary Conviction.) 7 & 8 G.4. For 1st offence, to forfeit above the value of the

dog, not ex. 202. Pun. for 2nd offence
comm. to H. L. not ex. 12 cal. m. 7 & 8

Geo. 4. c. 30. s.31. See Beasts, p. 19, ante.
Using any dredge, net, or instrument, or engine 7&8 G. 4.

whatever, within the limits of any oyster fish-
ery, for the purpose of taking oysters or oys-
ter brood, altho' none shall be actually taken,
misd. pun. Fine or Impr. or both, the fine
not to ex. 201., nor Impr. to ex. 3 cal. m.

7 & 8 Geo. 4. c. 29. s. 36. It will be sufft. in any infor. to describe either by

name or otherwise the bed, laying or fishery in which the above offence is com. without

c. 29.

7&86.4. c. 22. s.36.

1 G. 4.

c. 4.


stating the same to be in any particular pa

rish, township or vill. Id. Not to extend to prevent any person from catch

ing or fishing for floating fish within the limits of any oyster fishery with any net, instrument or engine adapted for taking floating

fish only. Id.

See Soldiers, post.
DRIVING FURIOUSLY. See note, p. 60.
Whereby any person is injured.
If any person shall be maimed or otherwise

injured by wanton and furious driving or
racing, or by the wilful misconduct of any
coachman or other person having the charge
of any stage coach or public carriage,
misd. (a). pun. Fine and Impr. 1 Geo. 4. c. 4.
But not to extend to hackney coaches drawn
by 2 horses only, and not plying for hire as

stage coaches. Id. DROWNING, Unlawfully and maliciously attempting to drown,

suffocate or strangle any person with intent to murder, and aiders and abettors therein, fel. pun. D. 9 Geo. 4. c. 31. s. 11. See

9 G.4. c. 31.

Injuries to the Person, post. (a) The Court cannot allow the expences tor in cases under this act. Car. C.L. 244.

of the prosecu.

c. 29.

Breaking into (a) and entering and stealing 7& 8 G. 4.

therein any chattel, money or valuable secu-
rity, to any value whatever, fel. pun. D.

7 & 8 Geo.4. c. 29. s. 12.
Stealing in a dwelling-house any such property

as aforesaid, to any value whatever, any
person therein being put in fear, fel. pun. D.

Stealing in a dwelling-house any such property

as aforesaid to the value in the whole of 51.

or more, fel. pun. D. Id.
Whether the goods are under the protection of

the dwelling-house, or in the personal care
of the owner, is a question for the Ct. and
not for the jury. S. C. Car. C. L. p. 294.


By clerks and servants, bankers, brokers, agents,

&c. See Clerks, p. 38. ante. ENGINES, Mining. Destroying, or damaging with intent to destroy c. 30.

or render useless, fel. pun. Tr. 7 yrs. or

(a) It is not material to show, in cases of housebreaking, that it was in the day time, or that the property stolen was of any fixed value whatever.

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