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Forging any register or certificate of Transportation for baptism, marriage, or burial, in order any term

than fourteen nor less to sustain any claim to wages or other

than seven years; or allowance due in respect of the services imprisonment for any of any officer in H. M.'s navy; 11 G. 4. term not exceeding & 1 W. 4. c. 20. ss. 87, 88.

three years, nor less than one year, with or without hard labour, and with or without solitary confinement. 11 G. 4. & 1 W. 4.

c. 20. ss. 87 & 88. Forging (for the second and every Transportation for subsequent offence) the name or hand- seven years. 54 G. 3. writing of an underwriter on any policy c. 144. s. 11. of insurance to any declaration of any return of the premium on such policy, or any part thereof; 54 G. 3. C. 133. s. 16. This enactment is extended to contracts of insurance by the 54 G. 3. c. 144. s. 11.

Forging or counterfeiting the super- Transportation for scription of a post-letter; i V. c. 3. seven years. 1 V. c. 36. S. 34.

Forging certificates or bills of ex- Transportation for change mentioned in the 2 & 3 W.4. seven years, or impric. 106. (for enabling officers, &c. in the

sonment for any term

more than four army to draw for their half

years. 2 & 3 W. 4. allowances); 2 & 3 W. 4. c. 106. s. 3.

c. 106. s. 3. Forging the handwriting of the Re- Transportation for ceiver-General of the post-office, &c. to life, or for any term

S. 34.


pay and





draft on the bank ; 7 W. 4. & 1 V. not less than c. 36. s. 33.

years ; or imprisonment for any term not exceeding four years, with or without hard labour, and with without solitary con. finement. 7 W. 4. & i V. c. 36. ss. 33. 41,

42. As to forgeries which are misdemeanors at common law or by statute, see below, under, the head of MISDEMEANORS.



House-breaking is that compound larceny which consists in the forcible invasion, whether by night or by day, of the house of another, accompanied with an act of stealing.

The 7 & 8 G. 4. c. 29. s. 12. makes Transportation for it felony to break and enter any dwell- any term not ing-house, and steal therein

than fifteen ,nor less chattel,

any money or valuable security to

than ten years; or imvalue any prisonment for

any whatever.

not exceeding three years, with without hard labour, and with or without solitary confinement. 7 W. 4. & 1 V. c. 90. ss. 1. 3.




By the 13th section of the same sta. tute it is enacted, that no building, although within the same curtilage with the dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of burglary, or for any of the purposes aforesaid (including house-breaking), unless there shall be a communication between such building and dwelling-house, either immediate or by means of a covered and inclosed passage leading from the one to the other.

The 7 & 8 G. 4. c. 29. s. 14. makes Same sentence as the it felony, if any person shall break and preceding, according to

the same statute. enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied there. with, but not being part thereof, according to the provisions hereinbefore mentioned.

The 7 & 8 G. 4. c. 29. s. 15. makes Same sentence as the it felony if any person shall break and preceding, according to enter any shop, warehouse, or counting the same statute. house, and steal therein any chattel, money, or valuable security.

Regarding house-breaking, it should be observed, that the offence differs from burglary, in requiring that an



actual larceny should be committed in the house, a mere intent to commit felony not being sufficient; and also in not requiring that the offence shall be committed in the night time.

In the offence of house-breaking, the breaking and entering must be such as, if done in the night, would amount to burglary.


Under this head is meant the seducing of the forces of the crown from the duty and allegiance they owe to the sovereign.

By the 37 G. 3. c. 70. s. 1. it is Transportation for enacted, that any person who shall ma- life, or for any term

not less than fifteen liciously and advisedly endeavour to seduce any person or persons serving in for any term not more

years; or imprisonment his Majesty's forces, by sea or land, than three years, with from his or their duty and allegiance to or without hard labour, his Majesty, or to incite or stir up any and with or without such person or persons to commit any 7 W. A. & 1 V. c. 91.

solitary confinement. act of mutiny, or to make or endeavour

ss. 1, 2. to make any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall, on being legally convicted of such offence, be adjudged guilty of felony.

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Larceny is defined by Sir W. Blackstone to be “the felonious taking and carrying away of the personal goods of

er.” It may be also described thus: Where a man knowingly takes and carries away the goods of another, without any claim or pretence of right, with intent wholly to deprive the owner of them, and to appropriate and convert them to his own use.

Larceny or theft, by contraction for latrociny, latrocinium, is distinguished by the law into two sorts, the one called simple larceny, or plain theft, unaccompanied with any additional circumstance; and mixed or compound larceny, which also includes in it the aggravation of a taking from one's house or person.

It should, however, be observed, that in all cases of larceny, where, by statute, circumstances of aggravation subject the offender to a higher punishment, on failure in proof of those circumstances, the prisoner may be convicted of the simple larceny.

Larceny was also formerly distinguished into grand and petty larceny ;

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