Forging any register or certificate of baptism, marriage, or burial, in order to sustain any claim to wages or other allowance due in respect of the services of any officer in H. M.'s navy; 11 G. 4. & 1 W. 4. c. 20. ss. 87, 88. Forging (for the second and every subsequent offence) the name or handwriting of an underwriter on any policy 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 superscription of a post-letter; 1 V. c. 3. S. 34. Forging certificates or bills of exchange mentioned in the 2 & 3 W. 4. c. 106. (for enabling officers, &c. in the army to draw for their half pay and allowances); 2 & 3 W. 4. c. 106. s. 3. Forging the handwriting of the Receiver-General of the post-office, &c. to SENTENCES. any draft on the bank; 7 W. 4. & 1 V. not less than c. 36. s. 33. As to forgeries which are misdemeanors at common law or by statute, see below, under, the head of MISDE MEANORS. seven years; or imprisonment for any term not exceeding four years, with or without hard labour, and with or without solitary confinement. 7 W. 4. & ss. 33. 41, 1 V. c. 36. 42. HOUSE-BREAKING. 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 it felony to break and enter any dwelling-house, and steal therein any chattel, money or valuable security to any value whatever. Transportation for any term not more than fifteen nor less than ten years; or imprisonment for any term not exceeding three years, with or 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 statute 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. Same sentence as the the same statute. The 7 & 8 G. 4. c. 29. s. 14. makes it felony, if any person shall break and preceding, according to enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied therewith, 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 the same statute. it felony if any person shall break and preceding, according to enter any shop, warehouse, or countinghouse, 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. SENTENCES. INCITING TO MUTINY. 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 enacted, that any person who shall maliciously and advisedly endeavour to seduce any person or persons serving in his Majesty's forces, by sea or land, from his or their duty and allegiance to his Majesty, or to incite or stir up any such person or persons to commit any act of mutiny, or to make or endeavour 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. LARCENY. Larceny is defined by Sir W. Blackstone to be "the felonious taking and carrying away of the personal goods of another." 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 ; SENTENCES. |
