Indictment for an Assault with intent to rob the Prosecutor. Middlesex, The jurors for our lord the King upon their to wit. oath present, that A., late of the parish of in the county of on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one B. feloniously did make an assault, with a felonious intent then and there the monies of the said B. from the person and against the will of the said B. feloniously and violently to 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. You must prove in this case that the prisoner assaulted the prosecutor, and then show circumstances to satisfy the jury that the intention of the prisoner was to commit the robbery, as alleged in the indictment. See 2 Leach, C. C. 702, Rex v. Monteth. Indictment for a felonious Demand of Money, with intent to steal it. 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, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, certain monies, to wit, the sum of five pounds of lawful money, of and belonging to one B., feloniously and with menaces did then and there demand, with intent the same feloniously to steal, take and carry away, against the form of the statute, &c. and against peace of our said lord the King, his crown and dignity. the Note. The statute has the words, "with menaces or by force." If the latter be the case, state it so in the indictment, say, that the intent was feloniously and violently to and steal, &c. Robbery. 7 & 86.4, c.29. Evidence. You must show, in this case, that the prisoner demanded money from the prosecutor with threats, either of indecent accusations or otherwise, and the jury would presume from thence that his intent was to steal the money so demanded. Sacrilege. 7 & 8 G.4, c.29. Sacrilege, when capital. SACRILEGE. The 23 Hen. 8, c. 1; 1 Edw. 6, c. 12, s. 10, as to robbing churches and chapels, repealed by 7 & 8 Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. X. And be it enacted, That 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, every such offender, being convicted thereof, shall suffer death as a felon. Note. As the object of this severe enactment is to prevent the sanctity of the place from being violated, the taking of goods, although not used for divine service, is within the Russ. & Ry. 386; Rex v. Rourke. See also Russ. statute. & Ry. 412. The stealing lead from churches, will, it seems, be punishable under the 44th section of the Larceny Act. See 2 East, P. C. 592; Rex v. Palmer and Easy, 1 Leach, 318; Rex v. Hickman and Dyer. Indictment for Sacrilege. Hertfordshire, The jurors for our lord the King upon their * Material. + Sometimes you may add, "in the custody of C. and D. then churchwardens of the same parish.” Evidence. Here it must be proved, that the prisoner broke open the church, and that he committed the larceny charged in the indictment. It must also appear that the church was situate in the parish mentioned in the indictment, and that the property stolen belonged to the parishioners. Indictment for Larceny in a Church, and breaking out of it. 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 cup, of the value of six pounds, of the goods and chattels of the parishioners of the said parish, in the church aforesaid, then and there being found, then and there in the church aforesaid feloniously and sacrilegiously did steal, take and carry away, and that the said A. so then and there being in the said church, and so having committed the said felony as aforesaid, afterwards, to wit, on the day and year last aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, feloniously and sacrilegiously, and against the form of the statute in that case made and provided, did break the said church to get out of the same, against the peace of our said lord the King, his crown and dignity. Evidence. The felony and breaking out of the church must be proved against the prisoner, and the local situation of the building must be shown as described in the indictment. Sacrilege. 7 & 8 G.4, c. 29. SCOTLAND AND IRELAND. SENTENCE OF DEATH ACT. 4 Geo. 4, c. 48. Scotland and 4 Geo. 4, c. 48. Sect. III. And be it further enacted, That nothing herein Act not to excontained shall extend to that part of the united kingdom called tend to Scotland. Scotland. • Material. Scotland and 7 & 8 G. 4, c. 29. This Act not to extend to Scot land or Ireland, except in two cases. 7 & 8 G, 4, c. 30. Not to extend to 9 Geo. 4, c. 31. Not to extend to Note. The Larceny and Malicious Injuries Acts do not extend to these countries, except in two cases of felony, as the annexed sections point out. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. LXXVI. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland, except as follows; (that is to say,) that if any person, having stolen or otherwise feloniously taken any chattel, money, valuable security or other property whatsoever, in any one part of the united kingdom, shall afterwards have the same property in his possession in any other part of the united kingdom, he may be dealt with, indicted, tried and punished for larceny or theft in that part of the united kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part; and if any person in any one part of the united kingdom shall receive or have any chattel, money, valuable security or other property whatsoever, which shall have been stolen or otherwise feloniously taken in any other part of the united kingdom, such person knowing the said property to have been stolen, or otherwise feloniously taken, he may be dealt with, indicted, tried and punished for such offence in that part of the united kingdom where he shall so receive or have the said property, in the same manner as if it had been originally stolen or taken in that part. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XLII. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland. LORD LANSDOWNE'S ACT. 9 Geo. 4, c. 31. Sect. XXXVIII. Provided also, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland. Note.-The Poaching Act is extended to Scotland. See tit. POACHING. But the Spring Gun Act does not. See tit. SPRING GUNS. Scotland and SEA. See ADMIRALTY. LORD LANSDOWNE'S ACT. 9 Geo. 4, c. 31. Sea. 9 Geo. 4, c. 31. sea. Sect. XXXII. And be it enacted, That all indictable As to offences offences mentioned in this Act, which shall be committed against this Act committed at within the jurisdiction of the Admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in England, and may be dealt with, enquired of, tried and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England: Provided always, that nothing herein contained shall Not to affect the alter or affect any of the laws relating to the government of laws relating to His Majesty's land or naval forces. SEA, RIVER, CANAL BANKS, &c.-LOCKS, SLUICES, &c. The 6 Geo. 2, c. 37; 8 Geo. 2, c. 20; 10 Geo. 2, c. 32; ag 4 Geo. 4, c. 46, s. 1, repeuled by 7 & 8 to sea banks, &c.; Geo. 4, c. 27. MALICIOUS INJURIES ACT. the forces. Sea, River, Canat 7 & 8 Geo. 4, c. 30. 7 & 8 G.4, c.30. Sect. XII. And be it enacted, That if any person shall unDestroying any lawfully and maliciously break down or cut down any sea sea bank, &c. bank or sea wall, or the bank or wall of any river, canal or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, floodgate or other work on any navigable river or canal, or works on any river or canal. |
