sions may appoint any two or more of their body, acting for a division near any such county bridge, to superintend the same, who may, on their own inspection, and without any indictment or presentment, order immediate repairs to the extent of £10; 52 G. 3, c. 110, s. 1, 2; or the justices at sessions may authorize any person to make contracts for the repair of county bridges and the roads at the end of them, by the year, for any term not exceeding seven years, although such bridges be not presented or indicted. 55 G. 3, c. 143, s. 1.

Destroying or damaging it.] " If any person shall unlawfully and maliciously pull down or in anywise destroy any public bridge, or do any injury with intent and so as thereby to render such bridge or any part thereof dangerous or impassable:" felony, transportation for life or for not less than seven years, or imprisonment with or without hard labour for not more than four years. 7 & 8 G. 4, e, 30, s. 13.

on

Commitment: at unlawfully, maliciously and feloniously did [pull down and destroy a certain public bridge there situate, or if it were merely injured, state the injury done, with intent then and thereby to render the said bridge dangerous and impassable, and the said A. B. then and there did thereby render the same dangerous and impassable; against the form of the statute in sach case made and provided. And you the said keeper, &c.

BROKER.

See" Agent."

BURGLARY AND HOUSEBREAKING.

Burglary.] Burglary: felony, transportation for life or not less than ten years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 86, s. 3.

on

Commitment: about the hour of eleven in the night, at the dwelling-house of C. D. there situate feloniously and burglariously did break and enter, with intent [the goods and chattels of the said C. D. in the said dwelling-house then and there being, then and there feloniously and burglariously to steal, take and carry away ;] and then and there in the said dwelling house, [one silver

watch, of the goods and chattels of the said C. D. then and there feloniously and burglariously did steal, take and carry away.] And you the said keeper, &c.

Burglary and attempt to murder.] "Whosoever shall burglariously break and enter into any dwelling-house, and shall assault with intent to murder any person being therein, or shall stab, cut, wound, beat or strike any such person:" felony, death. 1 Vict. c. 86, s. 2.

Commitment, same as the last form, merely adding, after the statement of the offence, the assault or stabbing, &c. thus: and that the said A. B. then and there in the said dwelling-house, in the night time as aforesaid, feloniously did [assault one E. F. in the said dwelling house then and there being, with intent in so doing him the said E. F. then and there and thereby feloniously, wilfully, and of his malice aforethought to kill and murder; or, stab, cut and wound one E. F. in the said dwelling-house then and there being;] against the form of the statute in such case made and provided. And you the said keeper, &c.

Principals in the second degree, and accessories before the fact, are punishable in the same way. 1 Vict. c. 86, s. 6.

Burglary, by breaking out of a house.] "If any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit felony, and shall in either case break out of the said dwelling-house in the night time:" this is declared to be burglary. 7 & 8 G. 4, c. 29, s. 11.

Commitment :-on at, being in the dwelling house of C. D. there situate, one silver watch, of the goods and chattels of [the said C. D., or, one E. F.] in the said dwelling-house then and there being found, then and there in the said dwellinghouse feloniously did steal, take and carry away; and that the said A. B., so being in the said dwelling-house aforesaid, and having committed the felony aforesaid, on the day and year aforesaid, about the hour of eleven in the night of the same day. at aforesaid, feloniously and burglariously did break out of the said dwelling-house; against the form of the statute in such case made and provided. And you the said keeper, &c.

Burglary, what.] Burglary is the breaking and entering of the dweiling-house of another, in the night time, with intent to commit a felony therein. And the night time, as relates to burglary, commences at nine o'clock in the evening, and concludes at six in the morning. 1 Vict, c. 86, s. 4.

As to the breaking: To constitute burglary, the breaking may be either an actual and forcible breaking of the door or window, or other part of the house, such as to admit of an entry into the dwelling-house as is sufficient in burglary; R. v.

Hughes, 2 East, P. C. 491. R. v. John Smith, R. & Ry. 417. R. v. Perkes, 1 Car. & P. 300; or it may be, by lifting the latch of the door, and thereby opening it, R. v. Jordan, et al. 7 Car. & P. 432, raising a trap door which is kept down merely by its own weight, R. v. Russell, Ry. & M. 377, opening a window which is shut down, although not fastened, R. v. Hyams, 7 Car. & P. 441. R. v. Haines and Harrison, R. & Ry. 451; and see R. v. Hall, R. & Ry. 355, or even by getting down the chimney. R. v. Brice, R. & Ry. 450. But entering at a place already open, R. v. Lewis, 2 Car. & P. 628, or if a window be partly open, and the entry is effected by throwing the sash quite up, R. v. Henry Smith, Ry. & M. 178. See R. v. Robinson, Moody, 327, is not such a breaking as is necessary to constitute burglary. The breaking, however, must be of some part of the dwelling-house; and therefore unlocking an area gate, R. v. Davis, R. & Ry. 322, or the like, is not a breaking of the house, so as to constitute burglary. The breaking must be in the night time.

As to the entry: an entry of any part of the person within the house, will be sufficient, although the party be detected, or abandon his design, before he has had an opportunity of effecting the felony intended. R. v. Bayley, R. & Ry. 341. And therefore where a shop window, within which there were watches and jewellery, was broken, by the prisoner thrusting his finger through it, and the finger was seen on the other side, the judges held this to be a sufficient entry to constitute burglary. R. v. John Davis, R. & Ry. 499. The entry must be in the night time; but it is not necessary that it should be on the same night as the breaking; where breaking with intent to enter was effected on Friday night, and the entry was not until the Sunday night following, the judges held it to be burglary. R. v. John Smith, R. & Ry. 417.

The house must be a dwelling-house, that is to say, a house in which the occupier or his family usually sleep at night. And if a shop or counting-house, part of a dwelling-house and communicating with it, be broken and entered in the night time, it may be alleged to be a burglary in the dwellinghouse, R. v. Gibbons and Kew, R. & Ry. 442. R. v. Stocket, et al. Id. 185. So all outhouses, within the same curtilage, with the dwelling-house, occupied and immediately connected and communicating with it, may be the subject of burglary, and the burglary in such cases may be alleged to have been in the dwelling-house. Formerly this was the case with respect to all buildings within the curtilage. But by stat. 7 & 8 Geo. 4, c. 29, s. 13, no building, although within the same curtilage with the dwelling-house, and occupied with it, shall be deemed to be part of such dwelling-house for the purpose of burglary, 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. See R. v. Burrowes, R. & Ry. 274. R. v. Jen

kins, Id. 244. If the house be occupied by servants only, it should in general be described as the dwelling-house of the master; R. v. Stock, R. & Ry. 185. R. v. Rawlins, et al. 7 Car. & P. 150; if by lodgers only, then the apartments of each lodger may be described as his dwelling-house; R. v. John Bayley, Ry. & M. 23. R. v. Trapshaw, 1 Leach, 427; if both be lodgers, and the landlord or his servant, then if they have but one common entrance, the whole may be described as the dwelling-house of the landlord; R. v. Gibbons & Kew, R. & Ry. 442; but if there be separate entrances, and there be no internal communication between the part occupied by the lodgers and that occupied by the landlord, the former may be described as the dwelling-house of the lodgers respectively, and the latter as that of the landlord, if he or his servants reside in it. 1 Arch. Peel's Acts, 313. If the house be occupied by a married woman, it must be described as the dwellinghouse of the husband, although he be separated from her. R. v. French, R. & Ry. 491. R. v. Wilford, et al., Id. 517. A mistake, however, in the ownership of the houses will not affect the validity of the warrant.

As to the intent: the intent usually laid and proved, is to commit a larceny; but it may be, to commit any other felony.

Breaking and entering a church or chapel.] "If any person 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:" felony, 7 & 8 G. 4, c. 29, s. 10; transportation for life or not less than seven years, or imprisonment with or without hard labour for not more than three years, and solitary confinement during any portion of the imprisonment, 6 W. 4, c. 4. The chapels of dissenters are holden not to be within this enactment. R. v. Nixon & Scroop, 7 Car. & P. 442. R. v. Warren & Spencer, 6 Id. 335 n. Commitment:-on at - the church of the said parish [or a certain chapel] there situate, feloniously did break and enter; and, [one silver cup], of the chattels of the parishioners of the said parish, feloniously and sacrilegiously did steal, take, and carry away; against the form of the statute in such case made and provided. And you the said keeper, &c.

Commitment for stealing and then breaking out, may readily be framed from this form, and the form, ante, p. 180.

Housebreaking.] "If any person shall break and enter any dwelling-house, and steal therein any chattel, money, or valuable security, to any value whatever:" felony, 7 & 8 G. 4, c. 29, s. 12, transportation for not more than fifteen years nor less than ten, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 90, s. 1. No building, though within the same curtilage with the dwelling-house,

and occupied therewith, shall be deemed a part of such dwelling-house for the purpose 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. 7 & 8 G. 4, c. 29, s. 13. Any the slightest removal of the goods from one part of the house to another, although the party be interrupted or detected before he has time to carry them off, will be sufficient to complete the larceny, in this as in ordinary cases. R. v. Amier, 6 Car. & P. 344. The house must be a dwelling house, as in burglary. See ante, p. 181.

Commitment :-on

at- the dwelling house of C. D. there situate, feloniously did break and enter; and two pewter dishes, of the goods and chattels of the said C. D. in the said dwelling-house then and there being, feloniously did steal, take and carry away; against the statute in such case made and provided. And you the said keeper, &c.

Breaking and entering a building within the curtilage.] "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 hereinbefore mentioned," (that is to say, there being no 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, see 7 & 8 G. 4, c. 29, s, 13, ante, p. 181) : felony, 7 & 8 G. 4, c. 29, s. 14, transportation for not more than fifteen years nor less than ten, or imprisonment with or without hard labour, for not more than three years. 1 Vict. c. 90. s. 2.

at

Commitment :-on a certain building of C. D. there situate, feloniously did break and enter, (the said building being then within the curtilage of the dwelling-house of the said C. D. there situate, and by the said C. D. then and there occupied therewith, and there being then and there no communication between the said building and the said dwelling-house, either immediate, or by means of any covered and inclosed passage leading from the one to the other); and the said A. B. then and there, in the said building, [one silver watch] of the goods and chattels of the said C. D. feloniously did steal, take and carry away; against the form of the statute in such case made and provided. And you the said keeper, &c.

"If any per

Breaking and entering a shop, warehouse, &c.] son shall break and enter any shop, warehouse, or countinghouse, and steal therein any chattel, money or valuable security:" felony, 7 & 8 G. 4, c. 29, s. 15, transportation for not more than fifteen years nor less than ten, or imprisonment