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liable to the payment thereof, or, being a negotiable instrument, shall have been bonâ fide taken or received, by transfer or delivery, by some person or body corporate for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such case the court shall not award or order the restitution of such security.
WHERE THE CONVICT IS ALREADY UNDER A VIOUS SENTENCE. — The 7 & 8 G. 4. c. 28. s. 10. enacts, that wherever sentence shall be passed for felony on a person already imprisoned under sentence for another crime, it shall be lawful for the court to award imprisonment for the subsequent offence, to commence at the expiration of the imprisonment to which such person shall have been previously sentenced ; and where such person shall be already under sentence, either of imprisonment or of transportation, the court, if empowered to pass sentence of transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or transportation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded.
WHIPPING IN CASE OF FEMALE OFFENDERS. - By the 1 G. 4. c. 57. s. 2. the punishment of whipping is abolished in the case of female offenders; and the 3d sect. of the same stat. enacts the power of awarding, in lieu thereof, whenever such whipping has hitherto formed the whole or part of a sentence, imprisonment with hard labour for any space of time not exceeding three, nor less than one month ; or solitary confinement not exceeding seven days at any one time.
PUNISHMENT OF PEERS. The 4&5 Vict. c. 22. enacts, that every lord of parliament or peer of this realm, having place and voice in parliament, against whom any indictment for felony may be found, shall plead to such indictment, and shall upon conviction be liable to the same punishment as any other of her Majesty's subjects are or may be liable upon conviction for such felony, any law or usage to the ontrary in anywise notwithstanding.
TREASONS, FELONIES, AND MISDEMEANORS
In the English Law, OFFENCES, which are subject to indictment or prosecution at the suit of the Crown, are divided into three classes, viz., I. TREASONS ; II. Felonies; and III. MISDEMEANORS.
I. TREASONS. TREASON is that accumulation of guilt which arises whenever a superior reposes a confidence in a subject or inferior, between whom and himself there subsists a natural, or civil, or even a spiritual relation, and the inferior so abuses that confidence, so forgets the obligations of duty, subjection, and allegiance, as to destroy or attempt the life of any such superior or lord.
High treason is an offence against Formerly the judgthat allegiance which is due to the Queen ment in most cases of from every man who lives under her pro ed the solemn judg
treason, which was calltection, and it is so called by reason of
ment, was extremely the greatness of the personage against disgusting and cruel; whom it is committed.
but now, pursuant to High treason, being an offence of the the 54 G. 3. c. 146.,
in all cases in which the most dangerous and fatal consequence to
judgment is, as in the society, has, in order to deter men from solemn judgment, the being guilty thereof, at all times been judgment to be propunished by the law of England with nounced after the passthe utmost severity. It has, for the same ing of that act shall be, reason, been more strictly
guarded against drawn on a hurdle to
that the person shall be than any other offence. To every felony, the place of execution, less than high treason, an actual com- and be there hanged mission of the felony is necessary : but by the neck until such an intention to commit high treason is, person be dead, and in some cases, equivalent to the actual that afterwards the head
shall be severed from commission itself.
the body, and the body, The 25 Ed. 3. st.5. c. 2., confirmed by divided into four quarthe 1 Mary 1. c. 1., which latter repeals ters, shall be disposed all intervening statutes, defines what of- of as Her Majesty shall fences shall be held to be treasons; and
The second section of in these acts are comprehended, up to this statute authorises the period of the enactment of the sta- Her Majesty, by warrant tute of Mary, all kinds of high trea- under her hand, counson under seven distinct branches, as tersigned by one of the follow :
principal secretaries of
First Species of High Treason. state, to order and di. “When a man doth compass or imagine rect that such person the death of our Lord the King, our
shall not be drawn, but
taken in some other Lady his companion, or of their eldest
manner to the place of son and heir, and thereof be provably execution; and that such attainted of overt deed, by the people person shall be decapiof their condition.”
tated, and not hanged, In this clause the word “
and also to direct in
“companion” means wife. A Queen Regnant is not head, and shoulders of
what manner the body, expressly mentioned in the clause, but such person shall be disthe construction has been, that such a posed of. queen is within the meaning of the The judgment, other words" our lord the king,” and, there than the solemn judg
ment in high treason, is, fore, what in this clause of the statute
that the person convictrelates to a king applies also to Her ed be carried to the present Majesty. The clause does not prison from whence he extend to a queen dowager, inasmuch as
came, and be drawn she is not the companion of the king.
from thence to the place In this clause the compassing or ima- he be there hanged by
of execution; and that gining is the substantive offence, but as the neck until he be such compassing or imagining is an act dead. The solemn judgof the mind, it cannot fall under any ment, however, was to
be judicial cognizance, unless it be demon
pronounced in every strated by some open or overt act. The
case of high treason, ex
cept that of counterfeit. act of the mind, the compassing or ing the king's money, imagining, is therefore the treason ; the contrary to the 25 Ed. overt acts are the means by which that 3., and, according to the act of the mind becomes capable of better opinion, except
in a few other cases proof, and is proved.
also. To provide means to effect the deaths
Formerly women conof the personages mentioned in this victed of high treason