PREFACE ΤΟ THE NEW EDITION. IN presenting to the public a new edition of this work, many observations cannot be called for: the great changes which have taken place, not only in those departments of Criminal Law to which the attention of Justices of the Peace must necessarily be directed, but also in the administrative functions (if they may be so termed) which they are required to discharge within their respective districts, shew that an edition inserting the latest statutes and most recent decisions, and omitting the matter that has been superseded, will be neither superfluous nor out of place. In one particular a considerable alteration, and, it is hoped, a more convenient arrangement, has been adopted; the Criminal Law has now been collected into one volume, forming the third of this edition. A like plan had before been followed in respect to the various titles relating to the Poor: by placing these together, in the same volume, instead of their being scattered throughout different parts of the work, it seems to have been generally acknowledged that much advantage was gained, and that the law was thus presented in a more commodious form for being referred to and consulted. The volume comprising the subject of crime has been here compiled upon the same principle, and is intended to contain all that bears the character of crime, and all matters connected with it. In forming the order of the different titles of crime, the alphabetical arrangement has been observed, and they will be found to follow each other under the same heads and in the same consecutive method as in prior editions. In some respects, perhaps, and with reference to the subject-matter in a legal point of view, it might appear somewhat more regular to have made a different disposition: thus Arrest, Examination, Bail, Commitment, being of a connected class, might have been placed consecutively; and the same may be said of Rescue, Escape, and Prison-breach, as well as of some other titles. It has been considered, however, advisable to preserve former land-marks, and not to deviate from the order to which the readers of BURN have been accustomed; and, generally, the ancient classification has been scrupulously adhered to, except where the introduction of new matters made some change necessary, or where some slight alteration of arrangement was evidently conducive to a clearer view of the subject. It has been deemed desirable, wherever it was practicable, to give the statutes in their entire form as much as possible, and thus present at once the whole of the enactments together, rather than give references to the respective sections in different places; and where a short enactment of frequent use and application might fitly be considered as belonging to more titles than one, it has been printed, without hesitation, in each. Several crown cases, being recent decisions of the judges on points of criminal law, reserved from the assizes and from the Central Court, which have not before appeared in print, and which have been obligingly furnished from correct and authentic sources, will be found in this edition: and it will add a value to those which appear under the name of Sir John Bayley (late Baron of the Exchequer), to state that they are given in the succinct and perspicuous language used by himself in the notes he made of the respective cases. The Editors have endeavoured to pay every attention to accuracy, but that some errors should have found their way into so extensive a compilation they feel to be inevitable. It may not be misplaced to suggest that the Addenda subjoined to any of the volumes, consisting, for the most part, of statutes and decisions made while the sheets were passing through the press, comprise the latest law upon the subjects to which they refer, and are consequently entitled to particular attention. PREFACE ΤΟ THE FIRST EDITION. THE Author proposeth in this book to render the laws relating to the subjects it treats of, a little more intelligible than hath hitherto been done. -The method he makes use of is various. The first thing regarded is the order of time. Thus, in the poor laws: first is set forth the appointment of overseers; next the several branches of their duty, in finding settlements for the poor in removing them to such settlements in making rates for their relief in relieving and otherwise ordering them and, last of all, in accounting at the expiration of their office. Then again, in treating of settlements, it occurs, to consider distinctly, and as near to the said order as may be, ten different kinds of settlement by birth settlement by apprenticeship by the parents' by service — by marriage — by inhabiting forty days after notice- by paying parish rates by serving a parish office by renting 101. a year →→ and by a person's own estate. In like manner, in treating of the rates, first is set forth the course of laying the then the allowance thereof by the publishing the same in the churchappeal against the rates at the sessions levying the same by distress and finally, commitme assessment justices where no distress can be had. Thus, to exhibit another instance In the article of the Woollen Manufacture, which makes up a considerable part of the justice of the peace his duty, PREFACE TO ; and of the officers subordinate to him, there is such a number and variety of statutes, that authors are generally overwhelmed with them. To avoid which perplexity, the laws are here digested in order, according to the natural progress of that business from the shearing of the sheep, to the exportation of the wool manufactured; under the several heads of winding of wool by the shearer-laws to prevent its exportation working of cloth fulling measuring stretching dress ing exporting. dyeing Where there is no priority in point of time; the next method is that of Lord Coke, to frame a definition which takes in the whole subject, and then explain the several parts of such definition in their order. Thus, Grand larceny is defined to be, A felonious and fraudulent taking and carrying away by any person of the mere personal goods of another, above the value of 12d. In the handling of which, the several branches of the definition are explained in the order as they stand; viz. A felonious and fraudulent taking and carrying away by any person of the mere personal goods of another above the value of 12d. Under which heads the general learning relating to that whole title is comprehended. The like method is pursued in treating of the commission of the peace, the form of an indictment, the form of an order of removal, and other articles. In general, it is provided that one thing shall clear the way for another, and the subsequent paragraphs explain the preceding. Under the influence of which conduct, the author hath attempted to bring together, under one general title, divers articles relating to the same subject, which in the common books are broken and detached under various separate titles; hoping thereby that what hath hitherto been thought introductory of confusion, may tend to render the subject more perspicuous, in exhibiting the whole under one comprehensive view. Thus the laws relating to the game, which are above forty in number, and are interspersed in the common books under about thir teen different titles, are here digested under one general title Game, to which the reader shall have recourse for the knowledge of whatsoever belongeth to that subject. For example, if any person would be satisfied what penalty the law hath provided for tracing hares in the snow; by recurring to the general title concerning the game, he will find the game distinguished into three kinds, the four-footed game, the winged game, and the game of fish: the fourfooted game are distributed into the several species of deer, hares, and conies: under which head concerning hares, he will readily find what is desired. In like manner the winged game are subdivided into several branches, concerning hawks and hawking swans partridges and pheasants-pigeonswild ducks, wild geese, and other water-fowlor moor-game herons and other fowl; each of which have their peculiar laws.* · grouse In these large comprehensive titles, care is likewise taken to be as particular as may be without injuring the connection in the statutes, by inserting the whole law by itself, relating to each separate article. The benefit of which will appear by the following instance: If a person would know what number of horses or beasts in a cart or waggon are allowed by the statutes for the preservation of the roads; let him take what treatise at present he pleases concerning the highways, he must read over the whole, before he shall be sure that he hath found all which the law hath enacted concerning the same; and such is often the inaccuracy and confusion, that when he hath perused the whole, perhaps he may be still to seek. For as to this instance before us, there have been regulations made concerning the same, by ten different acts of parliament at very different times. Before he can have any competent knowledge thereof, he must lay all these ten acts together; and when he shall have done this, he will find among them so many repeals, and revivals, and explanations, and amendments, that it will even then be no easy matter These statutes were, for the most part, repealed by stat. 1 & 2 W、4. c. 32. (See post, Vol. II. tit. Game.) |