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place; but it is determined that this does not extend to iron rails round a tomb in a churchyard, or to casements.

The goods ought also not to be of a base nature, as dogs, cats, &c.; for, however valued by the owner, the law will not allow that for their sakes a man should die; but larceny may be committed of these animals if they be dead, tame, or confined. Neither is it larceny to kill and take away game, unless such game be tame or confined.

Upon the same principle, it is no larceny to steal fish out of a river.

The goods must also be the property of some one, or it is no larceny; therefore he who takes any treasure trove, waif or estray, before they have been seized by the person who has a right thereto, is not guilty of felony. But a person may be, notwithstanding, indicted for stealing the goods of a person unknown; for it seems that in some cases the law will rather feign a property, where in strictness there is none, than suffer an offender to escape.

Larceny may be committed of the product of any animals, though taken from the animal when alive: thus milking cows in a pasture and stealing the milk is a felony ; so pulling wool from the backs of sheep is felony.


TAN-YARDS, &c. to be entered, P. 50l. R. distress, two J. Ap. to session. 9 Anne c. 11. ss. 15. 36. Not entering, or using private tan-yards, &c. P. 201. and forfeiture of goods found, or their value. Owner or occupier, refusing officer entry in day-time, &c. P. 10l. recoverable, &c. as above. Ibid. s. 17.

Neglecting to give notice of taking goods out of the wooze, &c. P. 20l. and forfeiture of goods, &c. recoverable, &c. as above. Ibid. s. 16. 17.

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Concealing goods to avoid duty, P. 201. and forfeiture of goods, recoverable, &c. as above. Ibid. s. 17. 36.

Tanners, &c. not keeping scales and weights; refusing hides to be weighed; refusing to bring them to the scales, or to assist in weighing, P. 50l. recoverable, &c. as above. Ibid. s. 18. 26.

Tanners, &c. removing goods before marked, P. 50l. and the goods recoverable, &c. as above. Ibid. s. 26.

Tanners, &c. not keeping unmarked hides, &c. separate from those marked for twenty-four hours within the bills of mortality, and two days elsewhere, P. 10l. 5 G. 2. c. 2.

s. 10.

Tanners to account with officers once in three months, P. 50l. recoverable as above. 9 Anne c. 11. s. 27. 36.

Currier refusing to curry leather brought to him by any dealer, or neglecting to do it in sixteen days, from Sept. 28 to March 25; and in eight days the rest of the year, P. not exceeding 5l. R. distress. J. 1. W. 1. A. half to the informer, half to the poor. Ap. sessions. 12 G. 2. c. 25.

s. 4. 5. 6.


KNOWINGLY sending or delivering letter, demanding with menaces, any chattel, money or valuable security; or knowingly sending, or delivering any letter or writing, accusing, or threatening to accuse any person of any crime punishable by law with death, transportation or pillory, or of any assault, with intent to commit any rape, or of any intent or endeavour to commit any rape, or of any infamous crime, with a view or intent to extort or gain from such person, any chattel, money, or valuable security-felony. 7 & 8 G. 4. c. 29. s. 8.


CAUSING stamps to be fixed on foreign linen, imported, in imitation of the stamps on Scotch or Irish linen, P. 51. for each piece and exposing or packing for sale foreign linens, knowing them to be so stamped, P. the same, and forfeiture of the goods. Fixing a counterfeit stamp on British or Irish linen, P. the same. R. distress and sale; in default commitment for six months, or till paid. J. 1. W. 1. A. to the informer, except 2s. in the pound to the officer who executes the warrant. 17 G. 2. c. 30. s. 1. 2.


Stealing any chattel or fixture let to be used by tenant or lodger, in or with any house or lodging-felony. 7 & 8 G.

4. c. 29. s. 45.


ALL persons, not having some reasonable excuse, shall go to church (or to some place of religious worship allowed by the Toleration Act). P. 1s. for each offence. A. to the poor 1 El. c. 2. s. 14. 24.

R. by churchwardens by warrant of distress. J. 1. 3 Jac. 1. c. 4. s. 27. 28.

Carrier, drover, waggoner, &c. travelling on the Lord's Day, P. 20s. 3 Car. 1. c. 1.

Butcher selling meat, P. 6s. 8d. R. distress, within six months. J. 1. W. 2. A. the poor, except any part not exceeding one third part, which the justice may award to the informer. Ibid.

Executing any worldly calling on the Lord's Day, except works of charity or necessity (in which cook-shops and

eating-houses are included), or crying or exposing to sale any article, except milk and mackarel, P. 5s. and forfeiture of goods. R. J. 1. within ten days, by distress; or in default, the stocks for two hours. A. as above. 29 Car. 2. c. 7. 10 & 11 W. & M. c. 24. s. 14.

For killing game, see that head, ante.

No process to issue on a Sunday, except for treason, felony, or breach of the peace. 29 C. 2. c. 7. s. 6. Warrant to find surety for good behaviour included in the peace. Raymond, 250.

For regulations respecting baking on a Sunday, vide article BREAD, ante. p. 18, &c.


By stat. 48 G. 3. c. 96. several provisions are made for the better care and maintenance of lunatics, being paupers and criminals; and powers are given to justices of the peace to erect asylums for the reception of such lunatics, within their respective counties, or to unite two or more counties together for such purpose.

By the provisions of 17 G. 2. c. 5. s. 20. 21. and 48 G. 3. c. 96. s. 20. when any insane person is wandering about, who seems likely to be mischievous, two justices may, by warrant to the peace or parish officers, direct him to be confined in some safe place, and chained, if necessary, till the place of his settlement can be found; and, if his settlement be out of the county, he shall be moved by a vagrant pass, and confined there as above: the charges of apprehending and moving to be paid, by order of justices, out of the effects of the lunatic, and if there be not any, by the overseer of the parish to which he belongs. Ap. sessions. But if the last legal settlement cannot be found, then the justices shall direct him to be confined in the lunatic asylum

for the county, if there be any (and not elsewhere); and if there be none, then in some house duly licensed under 14 G. 3. c. 49. or else in some secure place, as directed by 17 G. 2. c. 5. the charges of removing, maintaining, and curing such lunatic, to be paid by the treasurer of the county within which such person shall be apprehended, by order of two justices, if lunatic have no property.

These provisions do not extend to restrain any friend from taking him under his own care, nor do they extend to places nof paying to the county rate, unless they contribute to the support of the asylum.

When an asylum is erected, one justice may issue his warrant to convey any lunatic thereto; and shall at the same time make an order upon the parish to which such lunatic belongs, to pay such weekly sum to the treasurer of the asylum as shall be ordered by the visiting justices. Idib. s. 7.

Overseers neglecting to inform justice of a lunatic being in the parish, P. from 40s. to 10l. 2 J. R. by distress. A. to the informer, half to the treasurer of the asylum. Ibid. s. 18.

Justice may refuse to issue his warrant for the removal of any lunatic, upon delivering to the overseers, at the time of his refusal, his reasons in writing, and party aggrieved may appeal to the sessions. 51 G. 3. c. 79. s. 1. 2.

Justices are to make returns to the sessions of all such warrants granted or refused. Ibid. s. 3.

Any officer, servant, or assistant at an assylum allowing any person to escape thereform, P. 40s. to 10l. 2 J. 1 W. R. by distress. A. half to the informer, half to the treasurer of the asylum. Ibid. s. 23.

Overseers of the poor making application to justices to have any pauper removed, must bring a certificate from a medical man. 51 G. 3. c. 79. s. 1.

Expense attending the discharge of any pauper from such

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