Proceedings for penalties. The prosecution must be commenced within four months after the offence committed. 36 G. 3, c. 86, s. 17. The conviction, by sect. 11, may be in the following form, or to the like effect.

County of to wit.

}

Be it remembered, that on this

day of

or

A. B. is convicted before J. P. one of Her Majesty's justices of the peace for the said county of · [or for the -riding or division of the said county of · for the city, liberty or town of -, as the case may be], for that the said A. B. on [time of committing the offence], at [place of committing the offence], did [here state the offence against the Act, according to the fact]; contrary to the form of the statute in that case made and provided: and the said J. P. doth adjudge him [or her] to pay and forfeit for the said offence the sum of Given under my hand and seal the day and

year first above mentioned.

Which conviction shall be written on parchment, and transmitted to the next sessions, there to be filed. Id. s. 11. And it shall not be set aside for want of form, or removed by certiorari. Id. s. 13.

Appeal.] The statute gives an appeal to the next sessions, and the justices there may award costs to either party as to them shall seem meet. Id. s. 11, 12.

BUTTONS.

See "Manufactures."

BUYING OF TITLES.

Buying a disputed title to lands, with intent that the purchaser shall commence or carry on the suit, is a misdemeanor at common law. 1 Hawk. c. 86, s. 1. And by stat. 32 H. 8, c. 9, the seller shall forfeit the lands; and the purchaser, the value thereof, one half to the king and the other to the informer, to be recovered by action, &c.

CABBAGES, STEALING.

See "Larceny."

CANAL.

See "Larceny," "Malicious Injuries.”

CARNALLY KNOWING FEMALE CHILDREN.

Under ten.] "If any person shall unlawfully and carnally know and abuse any girl under the age of ten years:" felony, death. 9 G. 4, c. 31, s. 17. The carnal knowledge shall be deemed completé, upon proof of penetration only, without proof of emission; Id. s. 18; or even although the emission be negatived by the evidence. R. v. Cox, Ry. & M. 337. In R. v. Gammon, (5 Car. & P. 321), Gurney, B. held that if the penetration be not sufficient to rupture the hymen, it will not be sufficient to constitute the offence.

Commitment:-on

at -- , feloniously did assault one C. D. a girl under the age of ten years, to wit, of the age of nine years, and her the said C. D. then and there feloniously did unlawfully and carnally know and abuse; against the form of the statute in such case made and provided. And you the said keeper, &c.

As to an assault with intent to commit this offence, see ante, p. 129, "Assault with intent to commit a felony."

Above ten and under twelve.] "If any person shall unlawfully and carnally know and abuse any girl, being above the age of ten years and under the age of twelve years:" misdemeanor, imprisonment, with or without hard labour, for such term as the court shall award. 9 G. 4, c. 31, s. 17. As to what amounts to carnal knowledge, within the meaning of the statute, vide supra.

Commitment:-on - at —, unlawfully did assault one C. D. a girl above the age of ten years and under the age of twelve years, to wit, of the age of eleven years, and her the said C. D. then and there did unlawfully and carnally know and abuse; against the form of the statute in such case made and provided. And you the said keeper, &c.

CARRIER.

See "Highway," "Sunday."

CARROTS.

See "Larceny."

CATTLE.

Stealing, or killing with intent to steal.] "If any person shall steal any horse, mare, gelding, colt or filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb; or shall wilfully kill any of such cattle, with intent to steal the carcase or skin or any part of the cattle so killed:" felony, 7 & 8 G. 4, c. 29, s. 25, transportation for not more than 15 years nor less than 10 years, or imprisonment for not more than 3 years. 1 Vict. 90, s. 1. The word "sheep" here, includes wethers, rig sheep, R. v. Stroud, 6 Car. & P. 535, and every other description of sheep not coming within the terms ram," ewe," and "lamb." See 1 Arch. Peel's Acts, 351. Commitment for stealing :on

at

one gelding [or as the case may be] of the goods and chattels of one C. D., feloniously did steal, take and drive away. keeper, &c.

And you the said

Commitment for killing, with intent to steal :-on

at

, one ewe [or as the case may be] of the goods and chattels of one C. D, wilfully and feloniously did kill, with intent then and there feloniously to steal, take and carry away the carcase [or the skin, or a certain part of the carcase that is to say the inward fat] of the said ewe; against the form of the statute in such case made and provided. And you the said keeper, &c.

Maliciously killing or wounding.] "If any person shall unlawfully and maliciously kill, maim or wound any cattle:" felony, 7 & 8 G. 4, c. 30, s. 16, transportation for not more than fifteen nor less than seven years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 90, s. 2. Asses are cattle within the meaning of this act; R. v. Whitney, Ry. & M. 3; so are pigs; R. v. Sarah Chapple, R. & Ry. 77; so are sheep, oxen, cows, horses, &c. To constitute a wounding within the meaning of this act, it is not necessary that it should create a permanent injury. R. v. Haywood, R. & Ry. 16. Where a man wilfully set fire to a cowhouse, and a cow in it was thereby burnt to death, Taunton, J. held it to be a killing of the cow within the meaning of this act. R. v. Haughton, 5 Car. & P. 559. But where a man set a dog at a sheep, and the sheep was thereby wounded, Park, J. held that

this was not an offence within the act. R. v. Hughes, 2 Car. & P. 420. It is not necessary that the offence should be committed from any malice towards the owner of the cattle; 7 & 8 G. 4, c. 30, s. 25; if it appear that the prisoner did the act purposely, he may be deemed to have done it maliciously. Commitment :-on one bay mare, the property of C. D., unlawfully, maliciously and feloniously did kill [or as the case may be]; against the form of the statute in such case made and provided. And you the said keeper, &c.

at

Ill treating.] If any person shall "wantonly and cruelly beat, ill-treat, abuse or torture any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, dog, or any other cattle or domestic animal,- -or if any person, who shall drive any cattle or other animal, shall, by negligence or ill usage in the driving thereof, be the means whereby any mischief, damage or injury shall be done by any such cattle or other animal" upon conviction before one justice, he shall forfeit and pay (over and above the amount of the damage or injury, if any, done thereby, which damage or injury shall be ascertained and determined by such justice,) such a sum of money, not exceeding forty shillings nor less than five shillings, with costs, as to such justice shall seem meet, or, in default, of payment, he shall be imprisoned for not more than fourteen days. 5 & 6 W. 4, c. 59, s. 2.

Conviction for ill treating, as post, p. 194 :-on

at

did wantonly and cruelly beat, ill treat and abuse a certain [gelding]; against the form of the statute in such case made and provided. And I the said J. P. do adjudge, &c.

at

Conviction for doing damage by ill usage in driving, &c. as post, p. 194 :-on was driving a certain ox through and along a certain public street, and whilst he the said A. B. was so driving the said ox as aforesaid, he then and there violently beat and illused the same; by means of which said violent beating and ill usage, he the said A. B. then and there caused the said ox to [here state the injury done], thereby doing damage unto the said C. D. to the amount of And I the said J. P. do adjudge, &c.

"If any per

Keeping cock pit, or place for bull baiting, &c.] son shall keep or use any house, room, pit, ground or other place, for the purpose of running, baiting or fighting any bull, bear, badger, dog or other animal (whether of domestic or wild nature or kind) or for cock fighting, or in which any bull, bear, badger, dog or other such animal shall be baited, run or fought :" penalty not more than £5 nor less than 10s. for every day in which he shall so keep and use such house, room, pit, ground or place, for any of the purposes aforesaid. Id. s. 3.

The person who shall act as the manager of any such place, &c. or who shall receive any money for the admission of any person thereto, or who shall assist in any such baiting or fighting, or bull running, shall be deemed and taken to be the keeper of the same, and liable to all penalties, &c. Id. s, 3.

Conviction, as post, p. 194:—on at- -, unlawfully did keep a certain pit and place there for the purpose of cockfighting [or as the case may be]; against the form of the statute in such case made and provided. And I the said J. P. do adjudge, &c.

Not feeding cattle impounded.] The Act directs that any person who impounds any horse, ass, or other cattle or animal" in any common pound, open or close, or in any inclosed place, shall supply such horse, &c. daily with good and sufficient food and nourishment, so long as he shall be so impounded; and he may recover from the owner of the cattle, not exceeding double the value of the food so supplied, “by proceeding before any one justice of the peace, within whose jurisdiction such cattle or animal shall have been so impounded and supplied with food as aforesaid, in like manner as any penalty or forfeiture, or any damage or injury, may be recovered under and by virtue of any of the powers or authorities in this Act contained, and which value of the food and nourishment so to be supplied as aforesaid, such justice is hereby fully authorized and empowered to ascertain, determine and enforce as aforesaid;" or he may sell the cattle after seven days, giving three days' public printed notice thereof. Id. s. 4.

And if the party impounding such cattle, &c. "shall refuse or neglect to find, provide and supply such daily good and sufficient food and nourishment" to the same, he shall forfeit and pay five shillings for every day he shall so refuse or neglect to do so,-to be recovered in like manner as any penalty under this Act. Id. s. 6.

Conviction, as post, p. 194:—on -on- at -, impounded one mare in the common pound there, and on that day and also on- did [refuse and] neglect to find, provide or supply the said mare daily with good and sufficient food and nourishment, but on the contrary thereof during all the time aforesaid he the said A. B. did not find, provide or supply the said mare with any food or nourishment whatsoever [or as the case may be]; against the form of the statute in such case made and provided. And I the said J. P. do adjudge, &c.

Proceedings for penalties.] The offender may be apprehended, without warrant, by any constable or by the owner of the animal, either upon view of the offence, or upon the information of any other person who shall declare his name and place of abode to the constable; and he shall then be taken be