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to commit any rape, or of any infamous crime,
as herein-after defined, with a view or intent
to extort or gain from such person any chattel,
money, or valuable security; every such offen-
der shall be guilty of felony, and, being con-
victed thereof, shall be liable, at the discretion
of the court, to be transported beyond the Punishment on con-
seas for life, or for any term not less than
seven years, or to be imprisoned for any term
not exceeding four years, and if a male, to be
once, twice, or thrice publicly or privately
whipped (if the court shall so think fit), in
addition to such imprisonment.

viction.

an infamous crime.

IX. And, for defining what shall be an in- What shall be deemed famous crime within the meaning of this Act, be it enacted, That the abominable crime of buggery, committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every. attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this Act.

capital.

· X. And be it enacted, That if any person Sacrilege, when
shall break and enter any church or chapel,
and steal therein any chattel, or having stolen
any chattel in any church or chapel, shall
break out of the same, every such offender,
being convicted thereof, shall suffer death as a
felon.

XI. And be it enacted, That every person Burglary, capital.
convicted of burglary shall suffer death as a
felon; and it is hereby declared, that if any
person shall enter the dwelling house of an

H

4

Definition of.

House-breaking and

when capital.

other with intent to commit felony, or being in such dwelling house shall commit any fe lony, and shall in either case break out of the said dwelling-house, in the night-time, such person shall be deemed guilty of burglary....

XII. And be it enacted, That if any person stealing in a house, shall break and enter any dwelling-house, and steal therein any chattel, money, or valuable security to any value whatever; or shall steal any such property to any value whatever in any dwelling house, any person therein being put in fear; or shall steal in any dwelling house any chattel, money, or valuable security to the value in the whole of five pounds or more; every such offender, being convicted thereof, shall suffer death as a felon.

What buildings only

capital purposes.

XIII. Provided always, and be it enacted, are part of a house for That no building, although within the same curtilage with the dwelling house, and occupied therewith, shall be deemed to be part of such dwelling house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall be a communication between such building and dwelling house, either immediate, or by means of a covered and inclosed passage leading from the one to the other.

Robbery in any build

ing within the same

curtilage as the house, but not privileged as part of the house.

XIV. And be it enacted, That if any person shall break and enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling house, and occupied therewith, but not being part thereof according to the provision herein-before mentioned, every such Punishment on con- offender, being convicted thereof, either upon an indictment for the same offence, or upon an indictment for burglary, housebreaking, or stealing to the value of five pounds in a dwelling house, containing a separate count

viction.

for such offence, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

ing-house.

XV. And be it enacted, That if any person Robbery in a shop, shall break and enter any shop, warehouse, or warehouse, or countcounting house, and steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable. to any of the punishments which the court may award as herein-before last mentioned.

in process of manu

XVI. And be it enacted, That if any person Stealing certain goods shall steal, to the value of ten shillings, any facture. goods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, every such offender, being convicted thereof, shall be liable to any of the punishments which the Court may award as herein-before last mentioned.

XVII. And be it enacted, That if any person Stealing goods from a shall steal any goods or merchandize in any vessel in a port, river, vessel, barge, or boat of any description what- or canal, &c. soever, in any port of entry or discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port, river, or canal, or shall steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek, every such offender,

or cargo of a shipwrecked vessel.

Proviso, if articles stolen without circumstances of cruelty, &c.

being convicted thereof, shall be liable to any of the punishments which the court may award as herein-before last mentioned.

:

Plundering or stealing. XVIII. And be it enacted, That if any perany part of the tackle son shall plunder or steal any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, every such offender, being convicted thereof, shall suffer death as a felon Provided always, That when articles of small value shall be stranded or cast on shore, and shall be stolen without circumstarces of cruelty, outrage, or violence, it shall be lawful to prosecute and punish the offender as for simple larceny; and in either case the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next adjoining.

Persons in possession

of shipwrecked goods not giving a satisfactory account.*

XIX. And be it enacted, That if any goods, merchandize, or articles of any kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, shall, by virtue of a search warrant, to be granted as herein-after mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner

* See s. 63, post, p. 104. As to the apprehension of offender without a warrant. And as to justice granting search-warrant. And s. 66, 7, post, p. 106, 7, As to application of forfeitures and penalties on summary convictions, and power of justice to imprison in case of non-payment.

thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

be seized, &c.

XX. And be it enacted, That if any person If any person offers shall offer or expose for sale any goods, mer- shipwrecked goods for chandize, or articles whatsoever, which shall sale, the goods may have been unlawfully taken, or reasonably suspected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he

ed for.

came lawfully by such goods, merchandize, or And possession not articles, then the same shall, by order of the satisfactorily accountjustice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

records and other pro

XXI. And be it enacted, That if any person The stealing, &c. of shall steal, or shall for any fraudulent purpose ceedings of Courts of take from its place of deposit for the time justice.

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