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offender shall be guilty of felony, and being convicted Threatening thereof, shall be liable at the discretion of the court, to be Letters to accu se transported beyond the seas for life, or for any term not less

a party of an

Infamous Crime. than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice or thrice,

7 & 8 G.4, c. 29. publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

Sect. IX. And for defining what shall be an infamous crime What shall be within the meaning of this Act, be it enacted, That the deemed an infaabominable crime of buggery, committed either with mankind mous crime. or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said 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.-So that the objection in Hickman's Case is now provided against, 1 Ry. & M. 34.

Indictment for sending a Threatening Letter. 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 a certain letter directed to one B. T, threatening to accuse the said B. of baving (maliciously and wilfully hired and procured a man wilfully to burn the dwelling of him the said A. being a crime punishable with death] [state the crime imputed] then and there feloniously and knowingly did send to the said B. with the view and intent then and there to extort and gain money from the said B. being the person so threatened to be accused, and which said letter is of the tenor following, that is to say [set

The venue may be laid in the county where the prosecutor receives the letter. 2 East, P.C. 1125.

Threatening out the letter accurately] against the form of the statute in Letters to accuse that case made and provided, and against the peace of our

a party of an said lord the King, his crown and dignity. Infamous Crime.

7 & 8 G.4, c. 29.

Evidence. The evidence must be, that the prisoner made the accusation in question with a felonious intent, namely, to extort or gain money. The prisoner's declaration made subsequent to the writing of the letter may be received for the purpose of explaining the terms of the letter, if the latter be doubtful. The prosecutor must prove the receipt of the letter, and the sending of it by the prisoner. Car. C. L. 288, Rer v. Tucker. And the letter must then be given in evidence. It must correspond with that set out in the indictment, and the intent there alleged must be proved; but in many cases the view of the prisoner will be apparent to the jury upon production of the letter. See as to the sending, Russ. & Ry. 398. 484.

Indictment for sending a Letter containing an illegal demand

of Money. Middlesex, The jurors, &c. [as in the last precedent to

to wit. the ] demanding of and from the said B. a certain large sum of money, to wit, the sum of pounds with menaces, and without any reasonable or probable cause, then and there feloniously and knowingly did send to the said B., and which said letter, &c. [conclude as before.]

Evidence. In this case, as the statute declares the offence to be completed by sending a threatening letter without any reasons, it is sufficient to produce the letter, and to prove the receipt and the sending of it. Then, both the prisoner's guilt in de. manding, and the prosecutor's identity as the party threatened, must fully appear. See Ry. & M.C. Čases, 90, Rex v. Dunkly. A case of a felonious threat, unaccompanied by a letter.

Note. Another offence is mentioned in this Act, namely, the feloniously threatening of a person without the sending of any letter. Then you must set out the threats used, and prove them accurately, and show also both in the indictment and by evidence, that the intent was to extort money, as laid.

TREES, SHRUBS, &c.

Trees, Shrubs,&c. The 35 Hen. 8, c. 17; 37 Hen. 8, c. 6; 13 Eliz. c. 25, s. 3,

18, 19; 15 Car. 2, c. 2; 1 Geo. 1, st. 2, c. 48; 6 Geo. 1, c. 16; 9 Geo. 1, c. 22; 29 Geo. 2, c. 36, s. 6, 7, 8 & 9; 4 Geo. 3, c. 31; 6 Geo. 3, c. 36; id. c. 48; 9 Geo. 3,

13 Geo. 3, c. 33 ; 45 Geo. 3, c. 66, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT.

c. 41;

7 & 8 Geo. 4, c. 29.

7&86.4, c. 29. Sect. XXXVIII. And be it enacted, That if any person Stealing trees, shall steal, or shall cut, break, root up or otherwise destroy shrubs, &c. or damage with intent to steal, the whole or any part of any fain situations,

growing in certree, sapling or shrub, or any underwood, respectively growing shall be felony, in any park, pleasure ground, garden, orchard or avenue, or in if the value exany ground adjoining or belonging to any dwelling-house, ceeds 1 1. every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of £. 1.) shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and if any person shall steal, or Stealing trees, shall cut, break, root up, or otherwise destroy or damage with shrubs, &c. intent to steal, the whole or any part of any tree, sapling

growing else

where, shall be shrub, or any underwood, respectively growing elsewhere than felony, if the vain

any of the situations herein before mentioned, every such lue exceeds 5l. offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of £.5.) shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. Sect. XXXIX. And be it enacted, That if any person shall Stealing trees,

shrubs, &c. steal, or shall cut, break, root up or otherwise destroy or

wheresoever damage with intent to steal, the whole or any part of any tree, growing, and of sapling or shrub, or any underwood, wheresoever the same any value above may be respectively growing, the stealing of such article or 1s., punishable articles, or the injury done, being to the amount of a shilling

on summary

or

Trees, Shrubs,8c. at the least, every such offender, being convicted before a

justice of the peace, shall for the first offence forfeit and pay, 7&8 G.4, c. 29. over and above the value of the article or articles stolen, or conviction for the amount of the injury done, such sum of money, not erfirst and second ceeding £.5. as to the justice shall seem meet; and if any offence; third

person so convicted shall afterwards be guilty of any of the offence, felony. said offences, and shall be convicted thereof in like manner,

every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny.

MaliciouS INJURIES Act. 7 & 8G.4, c. 30.

7 & 8 Geo. 4, c. 30. Destroying or Sect. XIX. And be it enacted, That if any person shall damaging trees, unlawfully and maliciously cut, break, bark, root up or othershrubs, &c. growing in cer

wise destroy or damage the whole or any part of any tree, tain situations, sapling or shrub, or any underwood respectively growing in shall be felony, any park, pleasure ground, garden, orchard or avenue, or in if the value ex

any ground adjoining or belonging to any dwelling house, ceeds 11.

every such offender (in case the amount of the injury done shall exceed the sum of £.1.) shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice or thrice publicly

or privately whipped (if the court shall so think fit) in addiThe like to tion to such imprisonment; and if any person shall unlaw. trees, shrubs, fully and maliciously cut, break, bark, root up or otherwise &c. growing

destroy or damage the whole or any part of any tree, sapling

or shrub, or any underwood, respectively growing elsewhere Trees, Shrubs,&c. than in any of the situations hereinbefore mentioned, every such offender (in case the amount of the injury done shall 7 & 8 G.4,c.30. exceed the sum of £.5.) shall be guilty of felony, and, being elsewhere, shall convicted thereof, shall be liable to any of the punishments be felony, if the which the court may award for the felony hereinbefore last value exceeds

51. mentioned.

Sect. XX. And be it enacted, That if any person shall Destroying or unlawfully and maliciously cut, break, bark, root up or other- damaging trees,

shrubs, &c. wise destroy or damage the whole or any part of any tree,

wheresoever sapling or shrub, or any underwood, wheresoever the same growing, and of may be respectively growing, the injury done being to the any value above amount of 1s. at the least, every such offender, being con- 1s., punishable

on summary victed before a justice of the peace, shall for the first offence

conviction for forfeit and pay, over and above the amount of the injury done, first and second such sum of money, not exceeding £.5, as to the justice offence; third shall seem meet; and if any person so convicted shall after- offence, felony. wards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to any of the punishments which the court may award for the felony hereinbefore last mentioned.

Note.-Six classes of offences are mentioned here, together with their punishments :

1. The stealing or intending to steal trees, &c. growing in a park, &c. where the damage done, or the value of the article or articles stolen, exceeds £.1; and this is declared to be a larceny.

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