Page images
PDF
EPUB

Spring Guns and

Sect. III. And be it enacted, That if any person shall Man Trups. knowingly and wilfully permit any such spring gun, mar

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 per ting 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 conti. tion 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 conto 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 per: son 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.

* Material.
+ Or, “ with intent then and there to destroy,"

Evidence.

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 instrua ment 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.

STABBING.
See SHOOTING.

Stabbing

Statutes Re

pealed.

STATUTES REPEALED
Which have not been classed in the Alphabetical Arrangement.

7 Hen. 5; 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.

Statutes Re

pealed.

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&86.4, 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 or threatening to

any person, with menaces, and without any reasonable or proaccuse 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

offender shall be guilty of felony, and being convicted Threatening thereof, shall be liable at the discretion of the court, to be Letters to accuse transported beyond the seas for life, or for any term not less

a party of an than seven years, or to be imprisoned for any term not exceed

Infamous Crime. ing four years, and, if a male, to be once, twice or thrice,

7 & 8G.4, c. 29. publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

Sect. IX. And for defining what shall be an infamous crime What shall be within the meaning of this Act, be it enacted, That the deemed an infaabominable crime of buggery, committed either with mankind mous crime. or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this Act.

Note. So that the objection in Hickman's Case is now provided against, 1 Ry. & M. 34.

}of

Indictment for sending a Threatening Letter. Middlesex,1 The jurors for our lord the King upon their

in the county of labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid a certain letter directed to one B. (, threatening to accuse the said B. of having (maliciously and wilfully hired and procured a man wilfully to burn the dwelling of him the said A. being a crime punishable with death] [state the crime imputed] then and there feloniously and knowingly did send to the said B. with the view and intent then and there to extort and gain money from the said 'B. being the person so threatened to be accused, and which said letter is of the tenor following, that is to say [set

The venue may be laid in the county where the prosecutor receives the letter. 2 East, P.C. 1125.

Threatening out the letter accurately] against the form of the statute in Letters to accuse that case made and provided, and against the peace of our

a party of an said lord the King, his crown and dignity. Infamous Crime.

7 & G.4,c.29.

Evidence. The evidence must be, that the prisoner made the accusation in question with a felonious intent, namely, to extort of gain money. The prisoner's declaration made subsequent to the writing of the letter may be received for the purpose of explaining the terms of the letter, if the latter be doubtful. The prosecutor must prove the receipt of the letter, and the sending of it by the prisoner. Car. C. L. 288, ker v. Tucker. And the letter must then be given in evidence. It must correspond with that set out in the indictment, and the intent there alleged must be proved; but in many cases the view of the prisoner will be apparent to the jury upon production of the letter. See as to the sending, Russ. & Řy. 398. 484.

Indictment for sending a Letter containing an illegal demand

of Money. Middlesex,- The jurors, &c. [as in the last precedent to

to wit. Şthe C] demanding of and from the said B. a certain large sum of money, to wit, the sum of pounds with menaces, and without any reasonable or probable cause, then and there feloniously and knowingly did send to the said B., and which said letter, &c. [conclude as before.]

Evidence. In this case, as the statute declares the offence to be completed by sending a threatening letter without any reasons, it is sufficient to produce the letter, and to prove the receipt and the sending of it. Then, both the prisoner's guilt in de. manding, and the prosecutor's identity as the party threatened, must fully appear. See Ry. & M.C. Čases, 90, Rer v. Dunkly. A case of a felonious threat, unaccompanied by a letter.

Note.—Another offence is mentioned in this Act, namely, the feloniously threatening of a person without the sending of any letter. Then you must set out the threats used, and prove them accurately, and show also both in the indictment and by evidence, that the intent was to extort money, as laid.

« EelmineJätka »