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Rewards.

sum of £.50. for every such offence, to any person who wil sue for the same by action of debt, to be recovered with full 7 & 8 G. 4, c. 29. costs of suit.

Note. The only difference observable between this section and the 25 Geo. 2, c. 36, is, that the offence of promising the pawnbroker a return of the money advanced, is more strongly described as far as relates to the return with no questions asked.

Indictment for taking a Reward to help to Stolen Goods. Hertfordshire, The jurors for our lord the King, upon their to wit. Joath present, that heretofore, to wit, on, &c. at the parish of- in the county of · one gold watch, of the value of ten pounds, of the goods and chattels of one B., by a certain felon to the jurors aforesaid as yet unknown,* from the person of him the said B. privily and without the knowledge of the said B., with force and arms, was then and there feloniously stolen and carried away: and the jurors aforesaid, upon their oath aforesaid, do further present, that A., late of the parish of in the county of - . labourer, afterwards, to wit, on, &c. at the parish aforesaid, in the county aforesaid (notwithstanding he the said A. did not then and there apprehend and cause to be apprehended the said felon who stole the said watch as aforesaid, and cause the said felon to be brought to his trial for the same,) under pretence and upon account of helping the said B. to the said article so feloniously stolen as aforesaid, did then and there wilfully, unlawfully, corruptly and feloniously take money of and from the said B., that is to say, the sum of five pounds of lawful money [or, a certain reward, to wit, &c.] against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.

Note.-If the offence were a misdemeanor, the indictment would, of course, set out a misdemeanor, instead of a felony, as here.

Evidence.

Here it must be proved, that the prosecutor lost his watch by the felonious act of another person. It must then appear

* If the felon be known, this form would not be correct.

that the prisoner received money for his proposal to help to Rewards. the recovery of the stolen goods, and the pretence or proposal,

whatever it may have been, must be given in evidence. It 7 & 8 G. 4, c.29. will be for the prisoner to show that he apprehended the felon, and brought him to justice. But it is no defence for a prisoner in this case to show, that he had no power to apprehend the felon, nor to restore the goods, and that he neither knew nor pretended to know the felon. Ry. & M. 76, Rex v. Ledbitter. See 2 East, P. C. 170.

RIOT; DESTRUCTION OF PROPERTY.

The 1 Geo. 1, st. 2, c. 5; 9 Geo. 3, c. 29; 41 Geo. 3, c. 24; 52 Geo. 3, c. 130; 56 Geo. 3, c. 125, repealed by 7 & 8 Geo. 4, c. 27.

MALICIOUS INJURIES ACT.

7 & 8 Geo. 4, c. 30.

Riot; Destruction of Property.

7 & 8 G.4, c. 30.

Sect. VIII. And be it enacted, That if any persons riot- Rioters demoously and tumultuously assembled together to the disturbance lishing, &c. a of the public peace, shall unlawfully and with force demolish, church, chapel, house, or certain pull down or destroy, or begin to demolish, pull down or buildings, or destroy any church or chapel, or any chapel for the religious any machinery worship of persons dissenting from the united church of in any manuEngland and Ireland, duly registered or recorded, or any factory or mine. house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop oast, barn or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine, or other engine for sinking, draining or working any mine, or any staith, building or erection used in conducting the business of any mine, or any bridge, waggonway or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Riot; Destruc- Indictment for a Riot, and beginning to pull down a Dwelling House, &c.

tion of Property.

7&8 G. 4, c.30.

Middlesex, The jurors for our lord the King upon their
to wit. Joath present, that A., late of the parish of
in the county of labourer, B. late of &c. and divers other
evil disposed persons to the jurors aforesaid as yet unknown,
on, &c. with force and arms, at the parish aforesaid,* in the
county aforesaid, unlawfully, riotously and tumultuously did
assemble and meet together, to the disturbance of the public
peace, and being then and there so assembled together, then
and there unlawfully and with force feloniously did begin to
demolish, pull down and destroy the dwelling house of one
B. situate at the parish aforesaid, in the county aforesaid, [or,
a certain church called situate, &c.] [or, a certain cha-
pel called
situate, &c.] [or, a certain chapel for the reli-
gious worship of persons dissenting from the united church of
England and Ireland, duly registered] [or, a certain shop,
&c.] against the form of the statute in that case made and
provided, and against the peace of our said lord the King, his
crown and dignity.

Evidence.

To sustain this indictment, it must appear that a mob assembled together in an unlawful manner, and that they proceeded to demolish the house of B., and the participation of the prisoner in the offence must then be proved.

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The 23 Hen. 8, c. 1, s. 3; 1 Edw. 6, c. 12, s. 10; 3 & 4 Wm. & Mary, c. 9, s. 1; 4 Geo. 1, c. 11; 48 Geo. 3, c. 129, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT.

7&8G. 4, c. 29.

Robbery from

the person.

7 & 8 Geo. 4, c. 29.

Sect. VI. And be it enacted, That if any person shall rob any other person of any chattel, money or valuable security,

* Material.

Robbery.

7&8 G. 4, c. 29.

every such offender, being convicted thereof, shall suffer death as a felon; and if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces or by force de- Stealing from mand any such property of any other person with intent to the person. steal the same, every such offender shall be guilty of felony, intent to commit Assaults with and, being convicted thereof, shall be liable, at the discretion robbery, of the court, to be transported beyond the seas for life, or for and demands any term not less than seven years, or to be imprisoned accompanied with menaces 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.

or force.

Sect. VII. And be it declared and enacted, That if any Obtaining person shall accuse or threaten to accuse any other person of money, &c. by any infamous crime, as hereinafter defined, with a view or in- threatening to tent to extort or gain from him, and shall by intimidating him accuse a party of an infamous by such accusation or threat, extort or gain from him any chattel, money or valuable security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly.

Hertfordshire,

Indictment for Robbery.

The jurors for our lord the King upon their to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, [in the King's highway there] [or if that be not the case you may omit the words between brackets,] in and upon one B. then and there being, feloniously did make an assault, and him the said B. in bodily fear and danger of his life, [in the highway aforesaid,] then and there feloniously did put, and one gold watch of the value of twenty pounds, of the goods and chattels of the said B., from the person and against the will of the said B., [in the highway aforesaid,] then and there feloniously and violently did steal, take and carry away, against the peace of our said lord the King, his crown and dignity.

Evidence.

The assault upon B. by the prisoner, the putting him in fear, and the violent taking away of some part of the property

crime.

Robbery.

mentioned in the indictment, must be proved. The putting in fear need not be such as would alarm a man for the safety of 7 & 8 G. 4, c. 29. his life, although it be so laid in the indictment. Such violence as may create an ordinary degree of terror is sufficient to constitute the offence.

The violence also need not be of an outrageous nature; any act of force which disengages the property of the prosecutor from his person will satisfy the indictment, provided the taking be against the will of the prosecutor.

Note. It does not seem to be necessary to lay the robbery as having been committed in the highway, or in any house; nevertheless, a variance upon such occasions will not be fatal. Thus, where the prisoner was indicted for robbing R. F. in the dwelling house of A. W., it did not appear who occupied the house, although the robbery was proved to have been committed in a house, and the variance was holden immaterial. Russ. & Ry. C. C. R. 9, note, Rex v. Pye.

So where the indictment described a robbery as having been committed in a field near the King's highway, and the robbery was proved, but not near the highway, the allegation was holden to be immaterial. Russ. & Ry. C. C. R. 9, Rex v. Wardle.

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Indictment for Stealing from the Person. Hertfordshire, The jurors for our lord the King upon their to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, one silver watch of the value of five pounds, of the goods and chattels of one B., from the person of the said B., then and there feloniously did steal, take and carry away, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

It is customary upon this occasion to prove the taking of the property mentioned in the indictment, or some part of it, from the prosecutor's person by stealth, and so, of course, against his will, and that the prisoner was the guilty agent.

It has been held, that to constitute a stealing from the person, the property must be entirely severed from the person.

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