페이지 이미지
PDF
ePub

black lead, or any coal or cannel coal, from any mine, bed, or vein thereof respectively, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for · any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This clause is taken from the 7 & 8
Geo. 4, c. 29, s. 37 ; and 9 Geo. 4, c. 55, s. 30.

As to hard labour, &c., see ante, p. 5.

with

39. Whosoever being employed in or about any Miners mine, shall take, remove, or conceal any ore of any removing metal, or any lapis calaminaris, manganese, mundick, intent to or other mineral found or being in such mine, with defraud. intent to defraud any proprietor of or any adventurer in such mine, or any workman or miner employed therein, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.-This clause is taken from the 2 & 3
Vict. c. 58, s. 10, which only applied to Corn-
wall, and extended to Ireland and the rest of
England.

As to hard labour, &c., see ante, p. 5.

hall rob an y le security foon, and pers

As to larceny from the person, and other like offences :

40. Whosoever shall rob any person, or shall steal Robbery or any chattel, money, or valuable security from the stealing

į from the person of another, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,—or to be imprisoned for any term

person,

not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.This clause is taken from the 7 Will, 4 & 1 Vict. c. 87, s. 5.

As to hard labour, &c., see ante, p. 5.

[ocr errors]

On trial for 41. If upon the trial of any person upon any

yy indictment for robbery it shall appear to the jury jury may convict of upon the evidence that the defendant did not coman assault mit the crime of robbery, but that he did commit an with intent to rob.

It assault with intent to rob, the defendant shall not

by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is guilty of an assault with intent to rob; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob; and no person so tried as is herein lastly mentioned shall be liable to be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried.

Note.—This clause is taken from the 14 & 15 Vict. c. 110, s. 11.

Assault

42. Whosoever shall assault any person with with intent. to rob.

'intent to rob shall be guilty of felony, and being

convicted thereof shall (save and except in the cases where a greater punishment is provided by this Act) be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This clause is taken from the 7 Will. 4 & 1 Vict. c. 87, s. 6.

As to hard labour, &c., see ante, p 5.

[ocr errors]

43. Whosoever shall, being armed with any offen- Robbery or sive weapon or instrument, rob, or assault with assault by intent to rob, any person, or shall, together with armed, or one or more other person or persons, rob, or assault by two or with intent to rob, any person, or shall rob anym

Y robbery and person, and at the time of or immediately before or wounding. immediately after such robbery shall wound, beat, strike, or use any other personal violence to any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—Under the 9 Will. 4 & 1 Vict. c. 87, s. 2, robbery accompanied by any stab, cut or wound was capital ; that punishment is abolished, and that section and s. 3 are incorporated in this clause.

The words“ stab” and “cut” are omitted for the reason given in the note to s. ll of the Offences against the Person Act, ante, p. 25.

As to hard labour, &c., see ante, p. 5.

44. Whosoever shall send, deliver, or utter, or Letter, dedirectly or indirectly cause to be received, knowing manding

money, &c., the contents thereof, any letter or writing demanding with of any person with menaces, and without any reason- menaces. able or probable cause, any property, chattel, money, valuable security, or other valuable thing, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less that three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and, with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.--This clause is taken from the 7 & 8

Geo. 4;.c. 29, s. 8, and 9 Geo. 4, c. 55, s. 8 (I.).

The beginning of this clause is made to correspond with the beginning of s. 46, infra, of S. 50 of the Malicious Injuries Act, and of s. 16 of the Offences against the Person Act, ante, p. 29, as all these sections contain similar enactments. See the note, ante, p. 29, for the observations on the beginning of these clauses.

The alteration as to "property, &c.," is made in order that this clause and ss. 45, 46, and 47 may correspond.

As to hard labour, &c., see ante, p. 5.

Demanding 45. Whosoever shall with menaces or by force with me demand any property, chattel, money, valuable secunaces, or rity, or other valuable thing of any person, with by force, intent to steal the same, shall be guilty of felony, with intent to steal." and being convicted thereof shall be liable, at the

discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Note.—This clause is taken from the 7 Will. 4 & 1 Vict. c. 87, s. 7.

See the last note as to the words in Italics.
As to hard labour, &c., see ante, p. 5.

Letter

46. Whosoever shall send, deliver, or utter, or threatening directly or indirectly cause to be received, knowing the to ac crime, with

the contents thereof, any letter or writing accusing or intent to threatening to accuse any other person of any crime extort. punishable by law with death, or penal servitude for

not less than seven years, 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 in any of such cases to extort or gain by means of such letter or writing any property, chattel, money, valuable security, or other valuable thing, from any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without

" Infamous whipping; and the abominable crime of buggery, crime committed either with mankind or with beast, and defined. 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. This clause is taken from the 7 & 8 Geo. 4, c. 29, ss. 8, 9; 9 Geo. 4, c. 55, ss. 8, 9, (I.); and 10 & 11 Vict. c. 66, s. l.

The beginning of this clause is made to correspond with the beginning of s. 44, ante, p. 101, of s. 50 of the Malicious Injuries Act, and of s. 16 of the Offences against the Person Act, ante, p. 29, as all these sections contain similar enactments. See the note, ante, p. 29, for the observations on the beginning of these clauses.

47. Whosoever shall accuse or threaten to accuse, Accusing or either the person to whom such accusation or threat threatening

to accuse, shall be made or any other person, of any of the with intent infamous or other crimes lastly hereinbefore men- to extort. tioned, with the view or intent in any of the cases last aforesaid to extort or gain from such person so accused or threatened to be accused, or from any other person, any property, chattel, money, valuable security, or other valuable thing, shall be guilty of felony, and being convicted thereof shall be liable,

« 이전계속 »