Sect. 10. Parties aggrieved ter sessions, where the matter may be finally determined in a sum &c. ing form of words, or in any other form () of words to the same effect, as the case shall happen, viz.: "Be it remembered, that on the in the year of our Lord us day of A. B. is convicted before two of his Majesty's justices of the peace for the county of (specifying the offence, and the time and place when and where the same was committed, as the case shall be). "Given under our hands and seals the day and year aforesaid." And by sect. 10 it is provided, "that if any person shall think himself or herself aggrieved by anything may appeal done in pursuance of this act, such person may appeal to the quar to the justices of the peace at the next general or quarter sessions of the peace to be held for the county or place wherein the cause of complaint shall have arisen, such appellant entering into a recognizance with two sufficient sureties in the sum of twenty pounds each, mary way, conditioned to try such appeal, and abide the order of and to pay such costs as shall be awarded by such justices at such general or quarter sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance; which said justices shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they, the said justices, shall think proper, and the determination of such general or quarter sessions shall be final, binding Proceedings and conclusive to all intents and purposes; and no conviction or order made concerning any matters aforesaid, or any other proceedings to be had touching the conviction form, or re- or convictions of any offender or offenders against this act, shall be quashed for want of form, or be removed by certiorari, or any other writ or process whatsoever, into any of his Majesty's Courts of record at Westminster.' not to be quashed for want of moved by certiorari. (1) See 11 & 12 Vict. c. 43. FORMERLY, both by the common law and also by the stat. 25 Edw. 3, st. 5, c. 2, it was petit treason for a servant to kill his master or mistress (a). So much of the stat. 25 Edw. 3, however, as relates to petit treason, was repealed by 9 Geo. 4, c. 31, whereby it is enacted 9 Geo. 4. (sect. 2), that every offence which before the 1st of July, (a) See 3 Inst. 20; Dalt. Just. ch. 142. C 31, s. 2. 1828, would have amounted to petit treason, shall from that day be deemed to be murder only and no greater offence, and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in murder (b). 9 Geo. 4, c. 31. Sec. 25. Assaults with intent to commit ASSAULTS COMMITTED BY SERVANTS ON THEIR a The 21st section of 5 Eliz. c. 4, which provided special punishment for assaults committed by servants on masters, was repealed by 9 Geo. 4, c. 31, s. 1, and the offence is now punishable in the same way as assaults committed by other persons (c). By sect. 25 of that act it is enacted, that if any person shall be charged with and convicted of any assault with intent to commit felony, or of any assault committed in pursuance of any ance of con- conspiracy to raise the rate of wages, the Court may spiracy to sentence the offender to be imprisoned, with or without raise wages. hard labour, in the common gaol or house of correction for any term not exceeding two years, and may also (if it shall so think fit) fine the offender and require him to find sureties for keeping the peace (d). felony, or in pursu Opening BURGLARY BY A SERVANT IN HIS MASTER'S HOUSE. A servant, who lives in his master's house, may be guilty of burglary in that house as well as a stranger, for the opportunity which his situation affords him of committing that crime, aggravates rather than extenuates his guilt (e). Where, therefore, one of the servants (b) See further on this sub- Deny, 1 L. M. & P. 230. (d) Justices have a discretion as to admitting to bail persons charged with assault in pursuance of conspiracy to raise wages; 11 & 12 Vict. c. 42, s. 23. (e) See 4 Bl. Comm. 227; Bac. Abr., tit. "Burglary." As to burglary in general, see 1 Russ. on Cr., bk. 4, ch. 1. to commit in the house opened his lady's chamber door (which door, &c., was fastened with a brass bolt), with design to commit with design a rape, King, C. J. ruled it to be burglary, and the felony. defendant was convicted and transported (f). And Rex v. Gray. where (g) a servant, in the night time, opened the street Cornwall's door and let in a robber, and shewed him the sideboard, case. from whence he took the plate, and then again opened the door and let him out it was held, at a meeting of all the Judges, to be burglary in the servant as well as the other, and he was afterwards executed. opening vant's trust, But in the case of a servant opening a door of his Distinction master's house for a felonious purpose, without any between plan or conspiracy with other persons to commit a rob- cases where bery, it seems to have been considered that the ques- door, is tion, whether such act will amount to a breaking, must within serdepend upon the point whether the door might have and where been opened by the servant in the course of his trust not. and employment. Thus, it is said, that if a servant unlatch a door, or turn a key in a door of his master's house, and steal property out of the room, such opening of the door, being within his trust, is not a breaking: but that if a servant break open a door, whether outward or inward, (as a closet, study, or counting-house), and steal goods, such opening, not being within his trust, will amount to a breaking of the house, either within the statutes relating to the breaking of dwelling-houses in the day time, or within the law of burglary (h). SERVANTS NEGLIGENTLY SETTING FIRE TO THEIR MASTER'S HOUSE, &c. By statute 14 Geo. 3, c. 78, s. 84, after reciting that (f) Rex v. Gray, 1 Str. 481. (g) Cornwall's case, 2 Str. 811; and see 19 St. Tr. 782, note; 1 Hale P. C. 553; 2 East P. C. 486. Where a servant opened the door and let in a robber for the purpose of catching him, having previously communicated with the police, it was held, that the robber could not be convicted of burglary; Reg. v. Johnson, Carr. & M. 218. (h) Russ. on Crimes, 794, citing 2 Hale, 354, 352, but the learned editor of the 3rd ed. (Greaves) adds, “sed quære, and see Edmond's case, Hutt. 20; Kel. 67; 1 Hale, 554, where a servant who unlatched the stairfoot door and went with a hatchet to kill his master, was held guilty of burglary." Servants, by careless- or be imprisoned eighteen months. 14 Geo. 3, fires often happen by the negligence (i) and carelessness of servants, it is enacted, That if any menial or other servant or servants, through negligence or carelessness, shall fire or cause to be fired any dwelling-house, or outhouse or houses, or other buildings, whether within the limits of that act, or elsewhere within the kingdom of Great Britain, such servant or servants being thereof c. 78, s. 84. lawfully convicted, by the oath of one or more credible witness or witnesses, made before two or more of his Majesty's justices of the peace, shall forfeit and pay the sum of one hundred pounds unto the churchwardens or overseers of such parish where such fire shall happen, to be distributed amongst the sufferers by such fire in such proportions as to the said churchwardens shall seem just; and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by the said churchwardens, that then and in such case such servant or servants shall, by warrant under the hands and seals of two or more of his Majesty's justices of the peace, be committed to the common gaol or house of correction, as the said justices think fit, for the space of eighteen months, there to be kept to hard labour (k). 7 & 8 Geo. 4, It is enacted by 7 & 8 Geo. 4, c. 29, s. 12, "that if any person shall steal in any dwelling-house any chattel, c. 29, s. 12. (i) Wilfully setting fire to a dwelling-house, any person being therein is a capital offence; 7 Wm. 4 & 1 Vict. c. 89, s. 2. (k) This "clause raising the same sum whatever the extent of suffering and the number of the sufferers, and inflicting the same penalty to whatever degree the negli gence may have been culpable, without any power to lower the fine or shorten the imprisonment, can scarcely be the supposed to have undergone |