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hard labour, and with or without solitary confinement.

Note.-Under the 7 Will. 4 & 1 Vict. c.
87, s. 2, robbery accompanied by any stab, cut
or wound was capital; that punishment is
abolished, and that section and s. 3 are incor-
porated in this clause.

The words "stab" and "cut" are omitted for
the reason given in the note to s. 11 of the
Offences against the Person Act, ante, p. 45.
As to hard labour, &c., see ante, p. 5.

money,

&c., with

44. Whosoever shall send, deliver, or utter, or Letter, dedirectly or indirectly cause to be received, knowing manding the contents thereof, any letter or writing demanding of any person with menaces, and without any reason- menaces. able or probable cause, any property, chattel, money, valuable security, or other valuable thing, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.-This clause is taken from the 7 & 8
Geo. 4, c. 29, s. 8, and 9 Geo. 4, c. 55, s. 8 (I.).

The beginning of this clause is made to cor-
respond with the beginning of s. 46, infra, of
s. 50 of the Malicious Injuries Act, and of s. 16
of the Offences against the Person Act, ante,
p. 49, as all these sections contain similar
enactments. See the note, ante, p. 49, for
the observations on the beginning of these
clauses.

An indictment on this clause should always contain a count for uttering without stating the

Demanding
money,
&c., with
menaces,

person to whom the letter or writing is uttered, see the note, ante, p. 50; and Elsworth's Case, 2 East, P. C. 989.

The alteration as to "property, &c.," is made in order that this clause and ss. 45, 46, and 47, may correspond.

As to hard labour, &c., see ante, p. 5.

45. Whosoever shall with menaces or by force demand any property, chattel, money, valuable security, or other valuable thing of any person, with or by force, intent to steal the same, shall be guilty of felony, with intent and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

to steal.

Letter

crime, with

intent to

extort.

Note.-This clause is taken from the 7 Will.

4 & 1 Vict. c. 87, s. 7.

See the last note as to the words in Italics.
As to hard labour, &c., see ante, p. 5.

46. Whosoever shall send, deliver, or utter, or threatening directly or indirectly cause to be received, knowing to accuse of the contents thereof, any letter or writing accusing or threatening to accuse any other person of any crime punishable by law with death, or penal servitude for not less than seven years, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime as hereinafter defined, with a view or intent in any of such cases to extort or gain by means of such letter or writing any property, chattel, money, valuable security, or other valuable thing, from any person, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a

"Infamous

male under the age of sixteen years with or without whipping and the abominable crime of buggery, crime" committed either with mankind or with beast, and defined. every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the same 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.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, ss. 8, 9; 9 Geo. 3, c. 55, ss. 8, 9, (I.); and 10 & 11 Vict. c. 66, s. 1.

The beginning of this clause is made to correspond with the beginning of s. 44, ante, p. 135, of s. 50 of the Malicious Injuries Act, and of s. 16 of the Offences against the Person Act, ante, p. 49, as all these sections contain similar enactments. See the note, ante, p. 49, for the observations on the beginning of these clauses.

An indictment on this clause should always contain a count for uttering without stating the person to whom the letter or writing is uttered, see the note, ante, p. 50.

As to hard labour, &c., see ante, p. 5.

with intent

47. Whosoever shall accuse or threaten to accuse, Accusing or either the person to whom such accusation or threat threatening shall be made or any other person, of any of the to accuse, infamous or other crimes lastly hereinbefore men- to extort. tioned, with the view or intent in any of the cases last aforesaid to extort or gain from such person so accused or threatened to be accused, or from any other person, any property, chattel, money, valuable security, or other valuable thing, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if

Inducing a person by

threats to

execute

to defraud.

a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 8; 9 Geo. 4, c. 55, s. 8 (I.) ; 7 Will. 4 & 1 Vict. c. 87, s. 4; and 10 & 11 Vict. c. 66, s. 2.

As to hard labour, &c., see ante, p. 5.

48. Whosoever, with intent to defraud or injure any other person, shall, by any unlawful violence to or restraint of, or threat of violence to or restraint of, the person of another, or by accusing or threatening deeds, &c., to accuse any person of any treason, felony, or infamous with intent crime as herein-before defined, compel or induce any person to execute, make, accept, indorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or copartnership, or the seal of any body corporate, company, or society, upon or to any paper or parchment, in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

It will meet all

Note. This clause is new. such cases as Rex v. Phipoe, 2 Leach, 673, and Rex v. Edwards, 6 C. & P. 521, where persons by violence to the person or by threats of accusation of crimes, induce others to execute deeds, bills of exchange, or other securities.

As to hard labour, &c., see ante, p. 5.

It shall be

49. It shall be immaterial whether the menaces or immaterial threats herein-before mentioned be of violence, injury,

or accusation to be caused or made by the offender or from whom by any other person.

Note.

This clause is new. It is intended to meet cases where a letter may be sent by one person and may contain menaces of injury by another, and to remove the doubts occasioned by Rex v. Pickford, 4 C. & P. 227, and see Reg. v. Smith, 1 Den. C. C. 510.

the menaces proceed.

ing a

any felony.

As to sacrilege, burglary, and housebreaking: 50. Whosoever shall break and enter any church, Breaking chapel, meeting house, or other place of divine wor- and entership, and commit any felony therein, or being in any church or church, chapel, meeting house, or other place of chapel and divine worship shall commit any felony therein and committing break out of the same, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note. This clause is framed on the 7 & 8 Geo. 4, c. 29, s. 10, and 9 Geo. 4, c. 55, s. 10 (I.).

The words "meeting house or other place of divine worship" were in the latter and not in the former Act, and consequently it was held that "chapel" in the former did not include a dissenting chapel. Rex v. Warren, 6 C. & P. 335, note (a); Rex v. Richardson, 6 C. & P. 335; Rex v. Nixon, 7 C. & P. 442. But this clause clearly includes every place of religious worship.

The former enactments were confined not only to stealing, but to stealing any chattel. Therefore stealing fixtures was not within them. Reg. v. Baker, 3 Cox, C. C. 581. The present clause includes "any felony," and this

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