THEFT, AGGRAVATED BY HABITE AND
REPUTE, OR PREVIOUS CONVICTION.
Must be disregarded if specific act
of theft laid in indictment be not
proved, 299

May be proved by two witnesses,

299

Or one witness and several convic-

tions, 299

Prisoner, though acquitted of one
charge, may be tried next day on
another charge with the same ag-
gravation, 299

What time requisite for habite and
repute, 300

Is not redargued by testimony of
neighbours, if not pregnant, 301
Habite and repute is no relevant
aggravation of any crime but
theft, 301

But is relevant to aggravate stou-
thrief, as it is forcible theft, 302
But not robbery, 302
No stress in considering individual
charge should be laid on the cha-
racter of habite and repute, 302,
303

Punishment of habitual theft is now
always at least transportation, 303
How small soever the value of ar-
ticle stolen, 303

Previous conviction, a relevant ag-
gravation of theft, 304
But must be previous conviction

for the same offence with that
charged in the indictment, 304
And the previous conviction must
be by a court competent to try
for the offence, 304

Conviction must be regular, 305
Not ex facie open to objection, 305
But no allegation of irregularity
not apparent on record can be
received, 305

Parole evidence to contradict re-
cord of conviction incompetent,
305

Punishment of theft, aggravated
by previous conviction, is now
generally transportation, 306
But is by strict law capital, 306
Many charges of theft, 306
Three of simple theft are capital,
307

Furtum grave, its punishment, 307
What constitutes a furtum grave,
307

Probably L. 100 would be deemed
the line, 308

Libel usually restricted in simple
theft unless the sum be very
great, 308

James Maccoul or Moffat,

319
Recent possession always a strong
circumstance, 320

What sufficient evidence in com-
bination with it, 320

Cases on this subject, 322
Convictions without express iden.
tification, 323

Sufficient if corpus be established
by one witness, and each link in
chain affecting prisoner by an-
other, 324

But is not sufficient if prisoner
have merely confessed in his de-
claration, without further evi-
dence affecting him, 325
Evidence of socius competent, 325
True mode of testing their credibi-
lity, 326

Declaration of pannel, its weight
against him, 327, 328

TREASON,

English law of treason now com-
municated to Scotland by Union,
596

Treason to compass death of king,
queen, or heir-apparent, 596, 597
Or to imagine or devise harm tend-
ing to death of reigning sove-
reign, 597

Or to do any overt acts tending di-
rectly to the king's death, 597,
598

Or levying war against king, 598
Or conspiring to levy war, 598, 599
Or compassing to depose king, by
36th Geo. III. c. 7.

Or intimidate or constrain Parlia-
ment, 599

But this includes all insurrections
which go to introduce innovations
in frame of government by force,
610, 611

Includes all attempts to inforce
what is only competent to Par-
liament, 611

Levying of war must be in the Bri-
tish dominions, 612

Treason by adherence to king's ene-

mies within the realm, 613
By counterfeiting the king's money,
or gold and silver coin of the
realm, 614

Slaying Lords of Session or Justi-
ciary, 614

Statutory offences against the gold
and silver coin, and which are
treason, 615

In treason, all aiding and abetting
are principals, 616

All may be guilty of treason who
owe allegiance to king, 616
Who they are, 617

Aliens, how they stand in this mat-
ter, 617

Legal evidence in treason, in what
it consists, 617, 618

Must be two witnesses to each
overt act, 618

TREASON.

Or one witness to one or more
overt acts, 618, 619
Proof by confession, 519
Reading of declaration of prisoner
competent, 620

No evidence receivable but to overt
act laid, 621

Pains of treason, 621, 622
Forfeiture of estate, 622

Of estates held under entail, 623
Corruption of blood, 623

VIOLATING SEPULCHRES OF Dead.
Is an offence at common law, 461
Punishable in simple cases by im-
prisonment, 461

Where aggravated by previous con-
viction, by transportation, 461,
462

More lenient punishment where is
done by students or others for
sake of knowledge, 463

Attempt to commit this crime is
punishable, 563

Prisoner must be convicted of rais
ing the identical body from the
grave mentioned in the indict-
ment, and no other, 464
Interment of previous body must
be proved, 464

WILFUL FIRE-RAISING AND ÅTTEMPT.
Essential that some part of the te-
nement should be set on fire, 329
But is enough if the tenement or
corns have begun to burn ever
so little, 430, 431

Burning of furniture is attempt
only at wilful fire-raising, 431
Rule in regard to tenements same
as housebreaking, 431

So includes shops, shades, barns,
stable, coach-house, out-house,
or any building communicating
with dwelling-house, or on which
housebreaking may be commit-
ted, 432

Fire must have been kindled wil-
fully, 433

But if so, it is the same though the
fire is applied to other contigu-
ous buildings or combustibles,

433

Gross and criminal neglect equiva-
lent to malice, 434

May be committed on corns as well
as houses, 434

But the malice may be any crimi.
nal motive, and not ill-will pro-
perly so called, 434, 435

WILFUL FIRE-RAISING AND ATTEMPT.
Even the design of lucre by de-
frauding insurance offices, 436
Is wilful fire-raising if owner burn
his house in hands of liferenter
or tenant, 435
Wilful burning owner's own house,
to defraud insurer, is crime war-
ranting highest punishment short
of death, but not wilful fire-
raising, 438, 439

Unless the flames spread and con-
sume a neighbour's house, when
it becomes wilful fire-raising, 439
Law of England on the subject,
439, 440

Is capital to burn shop to defraud
insurers, by 29th Geo. III. c. 40,
440
Wilful fire-raising extends to wil-
ful burning of houses, corns,
coals, and woods, 441

WILFUL FIRE-RAISING AND ATTEMPT.
Equally growing or cut and in
stack-yard, 443

Wilful burning of heaths, furze,
mosses or hay, a point of dittay
warranting arbitrary pain, 442
Attempt at wilful fire-raising in-
dictable, but not a capital offence,

443

Is a plea of Crown, and competent
alone in Justiciary, 444
Legal evidence in wilful fire-rais-
ing, 445, 447

Cases of this crime, 445, 447

WILFUL SINKING OF SHIPS.

Punishable at common law with
highest arbitrary pains, 641
Capital by 29th. Geo. III. c. 46,
and 43d Geo. III. c. 113,
Cases on this head, 642