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The 25 Hen. 8, c. 6; 5 Eliz. c. 17, repealed by 9 Geo. 4,
LORD LANSDOWNE's Act.
9 Geo. 4, c.31.
9 Geo. 4, c. 31. Sect. XV. And be it enacted, That every person convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall suffer death as a felon.
Indictment for Buggery.
to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c., at the parish aforesaid, in the county aforesaid, in and upon one B. then and there being, feloniously did make an assault, and then and there feloniously, wickedly, diabolically and against the order of nature, had a venereal affair with the said B., and then and there did carnally know the said B., and then and there feloniously, wickedly and diabolically, and against the order of nature, with the said B. did commit and perpetrate the detes. table and abominable crime of buggery,* (not to be named among Christians,) to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.
Under the 18th section of the above Act, penetration only is declared to be sufficient proof of the perpetration of this crime; and, therefore, such proof will sustain an indictment against the prisoner, who must be shown to have committed the offence with B. as stated.
Indictment for Bestiality.
Sodomy. Middlesex,1 The jurors, &c. that A., late of, &c. on, &c.
to wit. Jat, &c. in a certain cowhouse there with a cer- 7&86.4.c.31. tain cow, then and there being feloniously, &c. [as before] had a venereal affair, and then and there feloniously, &c. [as before] did carnally know the said cow, and then and there feloniously, &c. [conclude as before.]
Evidence. Your proof, in this case, will be the same as that mentioned above.
Note.--It has been held, that a goat does not come under the term “beast," and that an unnatural connection with an animal of that kind was not sodomy. 1 Russ. C. & M. 568, Rex v. Mulreaty.
SPRING GUNS AND MAN TRAPS.
Spring Guns and 7 & 8 Geo. 4, c. 18. An Act to prohibit the Setting of Spring Guns, Man Traps 7 & 86.4, c. 18.
and other Engines calculated to destroy Human Life, or inflict grievous bodily harm. (May 28, 1817.]
WHEREAS it is expedient to prohibit the setting of spring Persons setting guns and man traps, and other engines calculated to destroy or placing spring human life, or inflict grievous bodily harm; be it enacted, guns, man traps, That from and after the passing of this Act, if any person misdemeanor.
&c. guilty of a shall set or place, or cause to be set or placed, any spring gun, man trap or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser, or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap or engine as aforesaid, shall be guilty of a misdemeanor.
Sect. II. And be it enacted, That nothing herein contained Proviso for traps shall extend to make it illegal to set any gin or trap such as for destroying may have been or may be usually set with the intent of vermin. destroying vermin.
Spring Guns and
Sect. III. And be it enacted, That if any person shall Man Trups. knowingly and wilfully permit any such spring gun, man
trap or other engine as aforesaid, which may have been set, 7 & 8G.4, c. 18. fixed or left in any place then being in or afterwards coming Persons permit- into his or her possession or occupation, by some other perting guns, traps, son or persons, to continue so set or fixed, the person so &c. set by others to continue,
permitting the same to continue, shall be deemed to have deemed to have set and fixed such gun, trap or engine, with such intent as set the same. aforesaid, Proviso forguns,
Sect. IV. And be it enacted, That nothing in this Act shall traps, &c. set be deemed or construed to make it a misdemeanor, within the for the protec. meaning of this Act, to set or cause to be set, or to be contition of dwelling nued set, from sunset to sunrise, any spring gun, man trap or houses.
other engine which shall be set or caused or continued to be
set in a dwelling house for the protection thereof. Not to affect Sect. V. And be it enacted, That nothing in this Aci conproceedings tained shall in any manner affect or authorize any proceedings already com- in any civil or criminal court touching any matter or thing done menced.
or committed previous to the passing of this Act. Not to extend
Sect. VI. And be it enacted, That nothing in this Act con. to Scotland. tained shall be construed to extend to Scotland.
Indictment for unlawfully Setting Spring Guns. Hertfordshire, The jurors for our lord the King upon their
to wit. Joath present, that A., late of the parish of — in the county of labourer, on, &c. at the parish aforesaid, * in the county aforesaid, did [place] [cause to be placed] a certain (spring gun] [man trap) in a certain [garden) there situate, of and belonging to the said A. with intent then and there (to inflict some grievous bodily harm upon) + any person who should thereafter come in contact with the said [spring gun) (man trap] to wit, on the same day and year aforesaid, in the county aforesaid, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.
Second Count : Stating generally, that the intent was to do some grievous bodily harm, without saying on whom.
Spring Guns and
Man Traps. You must show that the defendant set or caused to be placed the engine in question, and that it was done with
7 & 8 G.4,c.18. the intention laid in the indictment; or if mischief have ensued, the injury sustained by the individual hurt must be shown, or it may be proved that the defendant permitted engines of this mischievous character, set by others, to remain, knowing that they had been so placed, the second section of the statute declaring, that such persons shall be deemed to have set the same.
The intent to do some bodily harm, or to destroy, must be shown to the satisfaction of the jury, and this, it seems, is sufficiently evidenced by the use of so dangerous an instrument as a spring gun or man trap.
It is observable, that the statute expressly permits the use of such guns or traps as are commonly set for the destroying of vermin; and it is likewise worthy of notice, that guns and traps set in a dwelling house, from sunset to sunrise, for the protection of the dwelling house, are also permitted by the statute.
9 Hen. 5, c. 1; 18 Hen. 6, c. 12, as to indict. ments and appeals.
4 Hen. 7, c. 13, an Act to take away the Benefit of Clergy from certain persons.
21 Hen. 8, c. 11, an Act for Breaking of Prison by Clerks Convict.
34 & 35 Hen. 8, c. 14, an Act for a Certificate of Convicts to be made into the King's Rench.
8 Eliz. c. 4, an Act to take away the Benefit of Clergy from eertain Felonious Offenders.
31 Eliz. c. 4, an Act against embezzling of Armour, Habiliments of War, and Victual.
43 Eliz. c. 7, an Act to avoid and prevent divers Misdemeanors in lewd and idle persons.
4 Wm. & Mary, c. 24, s. 13, an Act for reviving, continuing, and explaining several Laws therein mentioned, which are ex. pired, and near expiring, as explains the said recited Act of the third year of the same reign.
4 G. 1, c. 11, an Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons, and unlawful Exporters of Wool, and for declaring the Law upon some points relating to Pirates, except so much thereof as relates to the trial of Piracy, Felony, or robbery committed within the Admiralty Jurisdiction.
31 Geo. 2, c. 35, an Act to continue several Laws therein mentioned, &c.
19 Geo. 3, c. 74, except s. 70, an Act to explain and amend the Laws relating to the Transportation, Imprisonment, and other Punishment of certain Offenders, except so much thereof as relates to the judges' lodgings.
44 Geo. 3, c. 92, s. 7 & 8, as to the punishment of thieves, and receivers of stolen goods,
Threatening THREATENING LETTERS TO ACCUSE A PARTY Letters to accuse
OF AN INFAMOUS CRIME. a party of an Infamous Crime.
The 4 Geo. 4, c. 54, as to threatening letters and assaults
with intent to commit robbery; 6 Geo. 4, c. 19, repealed by 7 & 8 Geo. 4, c. 27.
LARCENY ACT. 7 & 8 G.4, c. 29.
7 & 8 Geo. 4, c. 29. Sending letters Sect. VIII. And be it enacted, That if any person shall containing me, knowingly send or deliver any letter or writing, demanding of nacing demands
any person, with menaces, and without any reasonable or proor threatening to accuse a party
bable cause, any chattel, money or valuable security; or if of an infamous any person shall accuse or threaten to accuse, or shall knowcrime, to extort ingly send or deliver any letter or writing accusing or threatmoney, &c.
ening to accuse any person of any crime punishable by law with death, transportation or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from such person any chattel, money or valuable security ; every such