OBSERVATIONS.

OFFENCE.

Act or Acts of Parliament, by which the Offence is defined or made punishable.

Appendix No. 5.

The first offence is punishable by a pecuniary penalty; the second by imprisonment and hard labour.

The first offence is punishable by fine or imprisonment, with or without hard labour.

& 8 Geo. 4. c. 30.
s. 12 & 27.

Unlawfully and maliciously cutting off, draw-`
ing up, or removing any piles, chalk, or other
materials fixed in the ground, and used for
securing any sea-bank or sea-wall, or the bank
7
or wall of any river, canal, or marsh; or un-
lawfully and maliciously opening or drawing 7 W. 4. & 1 Vic. c. 90.
up any flood-gate, or doing any other injury or
mischief to any navigable river or canal, with
intent, and so as thereby to obstruct or prevent
the carrying on, completing, or maintaining the
navigation thereof.

s. 5.

s. 8 & 9.

Offender, who, being ordered to be confined?
in Parkhurst prison, shall have at any time
during the term of such confinement broken
prison or escaped from the place of his or her
confinement, or in his or her conveyance to such 7 & 8 Geo. 4. c. 28.
place of confinement, or from any lands be-
longing to the prison, or from the person or
persons having the lawful custody of such
offender, and shall have been punished for so
doing, as in the 1 & 2 Vic. c. 82. s. 12. is men-
tioned, being afterwards convicted of a second
escape or breach of prison.

*

That is to say, if under sentence of imprisonment, by an addition not exceeding two years to the term for which he or she at the time of his or her breach of prison or escape was subject to be confined, and, if under sentence of transportation, in such manner as persons under sentence of transportation, escaping from or breaking out of any other prison or place of confinement, are liable to be punished. Also by the 12th sec. of the 1 & 2 Vic. c. 82. it is enacted, That if any offender who shall be ordered to be confined in the said prison shall, at any time during the term of such confinement, attempt to break prison or escape from the place of his or her confinement, or shall forcibly break out of his or her cell, or shall make any breach therein with intent to escape, he or she so offending, being convicted thereof, shall be punished by imprisonment, for a term not exceeding twelve calendar months, in addition to the punishment to which he or she at the time of committing any such offence was subject.

7 W. 4. & 1 Vic. c. 90.
s. 5.

1 & 2 Vic. c. 82. s. 12.

TRANSPORTATION beyond the Seas for the term of SEVEN YEARS, or Imprisonment, with or without Hard Labour, in the Common Gaol or House of Correction, for any term not exceeding Two Years, and, if a male, the offender to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.

This offence does not extend
to fathers taking their ille-
gitimate children.
As to the punishment of ac-
cessaries after the fact, see
observation at p. 37.

Maliciously, either by force or fraud, leading
or taking away, or decoying or enticing away,
or detaining any child under the age of 10
years, with intent to deprive the parent or pa-
rents, or any other person having the lawful
care or charge of such child, of the possession
of such child, or with intent to steal any ar-

ticle upon or about the person of such child, to 9 Geo. 4. c. 31. s. 21.
whomsoever such article may belong; or with
any such intent as aforesaid, receiving or har-
bouring any such child, knowing the same to
have been by force or fraud led, taken, decoyed,
enticed away, or detained as hereinbefore men-
tioned; or counselling, aiding, or abetting
therein.

TRANSPORTATION beyond the Seas for the term of SEVEN YEARS, or Imprisonment, with or without
Hard Labour, in the Common Gaol or House of Correction, for any term not exceeding Two Years.

This offence does not include
the case of a person marry-
ing a second time, whose
husband or wife shall have
been absent, and not known
to be living, for seven years;
or who shall have been
divorced from the first marriage; or whose former marriage shall
have been declared void by the sentence of any Court of competent
jurisdiction; nor to any second marriage contracted out of England
by any other than a subject of His Majesty. See sec. 22.
As to the punishment of accessaries after the fact, see observation
at p. 37.

Any person being married marrying any
other person during the life of the former
husband or wife, whether the second marriage
shall have taken place in England or else- 9 Geo. 4. c. 31. s. 22.
where; or any person counselling, aiding, or
abetting such offender.

TRANSPORTATION for any term not exceeding SEVEN YEARS, or Imprisonment for any number of Years,

Similar provisions are made
for the Cinque Ports by the
1 & 2 Geo. 4. c. 76. s. 6;
but under the penalty of
transportation for any period
not exceeding 14 years.

at the discretion of the Court.

Wilfully cutting away, casting adrift, removing, altering, defacing, sinking, or destroying, or doing or committing any act with intent and design to cut away, &c., or in any other way injure or conceal any buoy, buoy-rope or 1 & 2 Geo. 4. c. 75. mark belonging to any vessel or ship, or which may be attached to any anchor or cable belonging to any ship or vessel whatever, whether in distress or otherwise.

s. 11.

OBSERVATIONS.

OFFENCE.

Act or Acts of Parliament, by which the Offence is defined or made punishable.

TRANSPORTATION beyond the Seas for any term not exceeding SEVEN YEARS, or Imprisonment for any term not exceeding Two Years, with or without Hard Labour, in the Common Gaol or House of Correction, and to be kept in solitary confinement for any portion or portions of such Imprisonment, not exceeding One Month at a time, or Three Months in the space of One Year, as to the Court in its discretion shall seem meet.

As to the punishment of principals in the second degree, and of accessaries before and after the fact, see observation at p. 34.

Falsely making or counterfeiting any coin
resembling or apparently intended to resemble
or pass for any of the King's current copper
coin; or knowingly and without lawful au-
thority making or mending or beginning or
proceeding to make or mend, or buying or sell-
ing, or knowingly and without lawful excuse
having in one's custody or possession any
instrument, tool, or engine adapted and in-
tended for the counterfeiting any of the King's
current copper coin; or buying or selling, re-
ceiving, paying or putting off, or offering to
buy, &c. any false or counterfeit coin resembling,
&c.
any of the King's current copper coin at
or for a lower rate or value than the same by
its denomination imports or was coined or
counterfeited for.

2 W. 4. c. 34. s. 12.

7 W. 4. & 1 Vic. c. 90.
s. 5.

Appendix No. 5.

TRANSPORTATION beyond the Seas for any time not exceeding SEVEN YEARS, or Fine, Imprisonment, and such corporal punishment, by public or private whipping, as the Court shall direct.

*

* By the 1 Geo. 4. c. 57. s. 3. [ Any person or persons keeping or using any

it is enacted, "That in all
cases where the punish-
ment of whipping, either
publicly or privately, on fe-
male offenders, has hitherto
formed the whole or part
of the judgment, or sen-
tence to be pronounced, or
has in any other case been
inflicted, it shall and may
be lawful for the Court or
Justice of the Peace before
whom any such offender
shall be tried or convicted,
to pass sentence of con-
finement to hard labour in
the Common Gaol or House
of Correction, for any space
of time not exceeding six months, nor less than one month; or of solitary
confinement therein for any space not exceeding the space of seven days
at any one time, in lieu of the sentence of being publicly or privately
whipped, as to the said Court or Justice shall seem most proper.

slaughtering-house or place, slaughtering any
horse, mare, or gelding, foal or filly, ass or
mule, or any bull, cow, heifer, ox, calf, sheep,
hog, goat, or other cattle, for any other pur-
pose than for butcher's meat, or flaying any
horse, mare, gelding, &c. brought dead to such
slaughtering-house or other place, without taking
out such licence, or without giving such notice
as required by the 26 Geo. 3. c. 71 (an Act 26 Geo. 3. c. 71. s. 8.†
for regulating houses and other places kept
for the purpose of slaughtering horses), or
slaughtering, killing, or flaying the same at
any time or times other than and except within
the hours in the said Act limited, or not de-
laying to slaughter or kill the same according
to the direction of the Inspector authorized to
prohibit the same.

† See also the 5 & 6 W. 4. c. 59. s. 7 & 8.

CONFINEMENT in the PENITENTIARY at MILLBANK for any term not exceeding FIVE, nor less than

ONE YEAR.

Where a convict, ordered to
be confined in the general
Penitentiary at Millbank,
at any time during the term
of such confinement, breaks
prison, or escapes from the
place of his confinement, or
in his conveyance to such
place of confinement, or
from the person or persons having the lawful custody of such convict, he
is punishable by an addition not exceeding Three Years to the term for
which he, at the time of his breach of prison or escape, was subject to be
confined. And where he attempts to break prison or escape from the
place of his confinement, or forcibly breaks out of his cell, or makes any
breach therein with intent to escape therefrom, he is punishable by an
addition not exceeding Six Calendar Months to the term for which he
at the time of committing any such offence was subject to be confined.
See 59 Geo. 3. c. 136.

Rescuing any convict who shall be ordered
to be confined within the Penitentiary at Mill-
bank, either during the time of his or her con-
veyance to the said Penitentiary, or whilst such
convict shall be in the custody of the person or
persons under whose care and charge he or she
shall be so confined; or aiding or assisting in
any such rescue.

56 Geo. 3. c. 63. s. 44.

Appendix No. 6.

OBSERVATIONS.

OFFENCE.

Act or Acts of Parliament, by which the Offence is defined or made punishable.

As to prison breach generally, see 1 Edw. 2. st. 2, which is as follows:
"Concerning prisoners which break prison, our Lord the King willeth
and commandeth that none from henceforth that breaketh prison shall
have judgment of life or member for breaking of prison only, except
the cause for which he was taken and imprisoned did require such
judgment, if he had been convicted thereupon according to the law and
custom of the realm, albeit in times past it hath been used otherwise."
By the 7 & 8 Geo. 4. c. 33, it is enacted that "if any convict, in the
general Penitentiary at Millbank, shall assault the governor thereof, or
any officer or servant employed therein, upon conviction thereof, he
shall be liable to be confined in the said Penitentiary for any term not
exceeding Two Years in addition to the term for which, at the time
of committing such offence, he or she was subject to be confined, and
shall also be liable (if a male) to be publicly or privately whipped, if
the court shall so think fit."-Vide ante, p. 55.

IMPRISONMENT, with or without Hard Labour, in the Common Gaol or House of Correction, for any term not exceeding THREE YEARS, and the Offender to be kept in Solitary Confinement for any portion or portions of such Imprisonment, or of such Imprisonment with Hard Labour, not exceeding One Month at any one time, and not exceeding Three Months in any One Year, as to the Court in its discretion shall seem meet.

LIST of INDICTABLE MISDEMEANORS* classed according to their Punishments under

BANISHMENT from the United Kingdom for LIFE.

Jesuit or member of any religious order,

community, or society of the Church of Rome, 10 Geo. 4. c. 7. s. 29.
bound by monastic or religious vows, coming
into this realm;

Or, having obtained the Secretary of State's
licence to remain therein, under the provisions
of the 10 Geo. 4. c. 7, (an Act for the relief of His

Majesty's Roman Catholic subjects,) not depart-10 Geo. 4. c. 7. s. 31.
ing from the United Kingdom within twenty
days after the expiration mentioned in such
licence, or if such licence shall have been re-
voked, then within twenty days after notice of
such revocation shall have been given to him. j

* It should be observed that every infringement of a statute which either prohibits a matter of public grievance, or commands a matter of public convenience, is an indictable misdemeanor, but that only those misdemeanors which are expressly declared to be so, or which have their punishments assigned them by statute, have been included in this list.

OBSERVATIONS.

OFFENCE.

Act or Acts of Parliament, by which the Offence is defined or made punishable.

Appendix No. 6.

Within any part of the United Kingdom

being admitted or becoming a jesuit, or brother, 10 Geo. 4. c. 7. s. 34.
or member of any such religious order, com-
munity, or society as aforesaid.

TRANSPORTATION for the term of FOURTEEN YEARS.

Casting, forging, or counterfeiting, or caus-]
ing or procuring to be cast, &c., any mark or
stamp, used for marking plate, in pursuance of
the 13 Geo. 3. c. 52. (an Act for appointing
wardens and assay-masters for assaying wrought
plate, in the towns of Sheffield and Birming-
ham,) or by any maker or worker of silver
plate, or any or either of them, or any mark,
stamp, or impression in imitation of or to
resemble any mark, &c., made with any mark
or stamp used as aforesaid by the Sheffield
Company, or by any maker or worker of silver
plate, or any or either of them; or marking or
stamping, or causing or procuring to be marked,
&c., any silver wrought plate, with any mark
or stamp which hath been forged or counter-
feited in imitation of or to resemble any mark,

&c., used as aforesaid by the said Company, 13 Geo. 3. c. 52. s. 14.
&c.; or transposing or removing, or causing 5 Geo. 4. c. lii. s. 1.
or procuring to be transposed, &c., from one
piece of wrought plate to another, or to any
plated vessel or to any vessel of base metal,
any mark, stamp, or impression, made by or
with any mark or stamp, used as aforesaid
by the said Company, &c.; or selling, exchang-
ing, or exposing to sale or exporting out of
this kingdom any silver wrought plate, or any
vessel of base metal, with any such forged, &c.,
mark, &c., thereon, or any mark, &c., which
hath been transposed or removed from any other
piece of plate, knowing such mark, &c., to be
forged, counterfeited, or transposed or removed
as aforesaid; or wilfully or knowingly having
or being possessed of any mark or stamp which
hath been forged or counterfeited in imitation
of or to resemble any mark or stamp used as
aforesaid by the said Company, &c.

TRANSPORTATION beyond the Seas for a term of FOURTEEN YEARS, or, in mitigation or commutation* of
such punishment, to be publicly whipped,† fined, or imprisoned, or all or any one or more of them
as the Court in its discretion shall think fit.
* In the case of a second
offence, the Fourteen Years
Transportation is absolute.
The punishment of whip-
ping is abolished in the case
of female offenders. Vide
ante, p. 63.

Any person or persons, not being a contractor or employed as in the 9 & 10 W. 3. c. 41, (an Act for the better preventing the embezzlement of His Majesty's stores of war, and preventing cheats, frauds, and abuses, in paying seamen's wages,) is mentioned, willingly or knowingly selling or delivering, or causing or procuring to be sold, &c., to any person or persons whomsoever, or willingly or knowingly receiving, or having in his, her, or their custody, possession, or keeping, any stores of war, or naval, ordnance, or victualling stores, or any goods whatsoever, marked as in the said Act of the 9th & 10th year of W. 3. c. 41, and in an Act of the 9 Geo. 1. c. 8, (for continuing some laws and reviving others therein mentioned, for exempting apothecaries from serving parish

By the 39 & 40 Geo. 3. c. 89.
s. 1. it is enacted that the
persons committing the of
fences therein mentioned,
shall be deemed receivers of
stolen goods, knowing them
to have been stolen, and
shall, on being convicted
thereof in due form of law,
be transported beyond the
seas for the term of 14 and ward offices and upon juries, and relating 9 & 10 W. 3. c. 41.
years, in manner as other to jurors and to the payment of seamen's wages, 9 Geo. 1. c. 8.
receivers of stolen goods and the preservation of naval stores, and stores 39 & 40 Geo. 3. c. 89.
are directed to be trans- of war, &c., &c.,) are expressed, or any canvas,
ported by the laws and marked either with a blue streak in the middle, 56 Geo. 3. c. 138. s. 2.
statutes of this realm; and or with a blue streak in a serpentine form, or
then, by s. 7, empowers the any bewper, otherwise called buntin, wrought
court to mitigate or com- with one or more streaks of raised tape, (the
mute the punishment as said stores of war, &c. above mentioned, or
above mentioned: Query, any of them, being in a raw or unconverted state,

s. 1 & 7.

K