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glar shall be paid by the treasurer of the county wherein the offence was committed, 25 Geo. II. c. 36, 27 Geo. II. c. 3, and 18 Geo. III. c. 19.

Buyers or receivers of (burglariously) stolen jewels, gold or silver plate, may be tried and transported for fourteen years, before the conviction of the principal, 10 Geo. III. c. 18; and any person apprehended having about him a picklock key, or implement to commit burglary, shall be deemed a rogue and vagabond, 23 Geo. III. c. 88.-It is set tled that what is meant by night, as applicable to burglary, is when it is so dark as not to admit of a man's face being distinguishable, 3 Inst. 63. but this does not extend to moonlight; the greatness of this offence not arising from its being done in the dark, but at a time when sleep has rendered the owner defenceless. 4 Comm. 224.

Warrant to apprehend a Burglar,

To the Constable of

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to wit. Whereas A. B. of in the county of yeoman, hath this day made information and complaint on oath, before me J. C. Esq. one of His Majesty's justices of the peace in and for the said county, that yesterday in the night, the dwelling house of him the said A. B. situate at in the county aforesaid, was feloniously and burglariously broken open, and six silver spoons, of the value of £5. of the goods and chattels of him the said A. B. were feloniously and burglariously stolen, taken, and carried away, and that he hath just cause to suspect, and doth suspect that C. D. late of in the said county, labourer, did commit the said felony and burglary, These are therefore, in His Majesty's name, to command you forthwith to apprehend the said C. D. and bring him before me, to answer the premises and to be further dealt with according to law.

Given under my hand and seal the year of our Lord 1817.

day of

in the

BURNING.

Maliciously and voluntarily burning the house of another, by day or night, is felony, 3 Inst. 67. The bare attempt to burn is not so; but if any part burnt, though afterwards extinguished, the crime is complete. 1 Haw. c. 39, s. 5.-By 23 Hen. I. c. 1, persons wilfully burning any dwelling-house, or barn wherein grain is deposited, shall not have clergy.-By 4 and 5 P. and M. c. 4, accessary before the fact is debarred of clergy. 2 East. P. C. c. 21, s. 2; but accessary after the fact is entitled to his clergy. 1 H. H. 573.-And by 43 Eliz. c. 13, burning barns or stacks of corn in the four northern counties, is felony without clergy. By 22 and 23 Car. II. c. 7, to burn any ricks of corn, hay, or barns in the night, is felony, but convict may elect to be transported. By 1 Geo. I. stat. 2, c. 48, the malicious burning of wood, underwood, or coppice is felony, and any two justices may hear and determine the offence. c. 16.

House burning is not a bailable offence by justices. Just. 189.

By 43 Geo. III. c. 58, Persons maliciously setting fire to any house, barn, granary, hop-oast, malt-house, stable, coach-house, out-house, mill, warehouse, or shop, with intent to defraud or injure His Majesty, his subjects, or any body corporate, shall be guilty of felony without clergy.

Servant carelessly setting house or out-house on fire, and convicted on the oath of one witness, be

fore two justices, shall forfeit £100. or committed for eighteen months to hard labour. 6 Ann, c. 31. 14 Geo. III. c. 78, s. 84. The penalty to be paid to the churchwardens for the use of the sufferer.

Any person threatening to burn houses, &c. may be brought before a justice, and committed in default of finding security for the peace; and by 9 Geo. c. 22, persons sending a letter, whether anonymous or with a fictitious name, threatening to burn any house, &c. shall be guilty of felony, without clergy.-By 28 Geo. II. c. 19, s. 3. burning furze or fern, on forests or chases, without consent of the owner or keeper, incurs a penalty of from 40s. to £5. or in default, commitment from one to three months-half the penalty to informer, and the remainder to the poor, on conviction on oath of one witness, before one justice, or on view.

Information against a Person for burning a Dwelling-house. -to wit. Be it remembered, That on the day of in the 57th year of the reign &c. at in the said county, A. B. of, yeoman, cometh before us W. S. and S. P. Esqrs. two of His Majesty's justices of the peace in and for the said eounty, and giveth us to understand and be informed, that one C. D. on the day of, in the year of our Lord 1817, unlawfully, maliciously, voluntarily, and feloniously, against the statute in that case made and provided, set fire to and burnt the dwelling-house of E. F. situate at in the county aforesaid, and thereupon the said A. B. prayeth the judgment of us in the premises, and that our warrant may issue against the said C.D. to answer the premises.

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Exhibited before us,

W.S.
S. P.

--

1.

Warrant thereon.

To the Constable of

to wit. Whereas A. B. of, hath this day made complaint on oath, before us W. S. and S. P. Esquires, two of His Majesty's justices of the peace in and for the said county, that [state the offence as in the information]. These are therefore to command you forthwith to apprehend and bring before us at , at the hour of in the -noon, the body of the said C. D. to answer the said complaint and to be further dealt with according to law.

Given under our hands and seals, &c.

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To the Keeper of the Common Gaol at —

to wit. Receive into your custody the body of C. D. herewith sent you, and charged this day before us the undersigned, two of His Majesty's justices of the peace in and for the said county, on the oath of A. B. with having [state the offence as before], and him there safely keep until he shall be discharged in due course of law.

Given under our hands and seals, &c.

Commitment of a Servant for negligently setting Fire to a Dwelling-House, under 6 Ann, and 14 Geo. III.

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To the Constable of, and to the Keeper of the House of Correction at in the county of

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to wit. Whereas A. B. servant of C. D. of &c. was on' the day of the date hereof lawfully convicted before us W. S. and S. P. Esquires, two of His Majesty's justices of the peace for the said county, upon the oath of E. F. of &c. That he the said A. B. did on the day of last, through negli

gence, set fire to, or cause to be fired, the dwelling-house of the said C. D. situate at -, by reason whereof, and by force of the statutes in that case made and provided, he the said A. B. hath forfeited the sum of £100.. And whereas the churchwardens of the parish of where the said fire did happen, have made appear to us on oath, that immediately upon the said conviction they duly demanded of the said A. B. the said sum of £100. to be distributed by them as the law directs, but the said A. B. did refuse and neglect to pay the same; These are therefore to command you, in His Majesty's name, to apprehend [if not in custody] and convey the said A. B. to the house of correction at aforesaid, and deliver him to the keeper thereof, together with this precept; and you the said keeper are hereby commanded to receive the said A. B. into your custody, and him detain and keep in the said house of correction, to hard labour for the space of eighteen months next ensuing.

Given under our hands and seals, &c.

The Information, &c. may be in the same form as those immediately preceding.

BUTCHER.

Butchers conspiring to sell their victuals at certain prices, shall forfeit £10. to the King, for the first offence; and if not paid in six days, they may be imprisoned twenty days, and be fed on bread and water; for the second offence, shall forfeit £20. or be pilloried; and for the third offence, £40. or pillory and loss of an ear. 2 and 3 Edw. VI. c. 15.

If any butcher kill or sell victuals on a Sunday, he shall forfeit 6s. 8d. one third to the informer, and the remainder to the poor, on conviction be

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