페이지 이미지
PDF
ePub

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, 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; 9 Geo. 4, c. 55, s. 8 (I.); 7 Will. 4 & 1 Vict. c. 87, s. 4; and 10 & 11 Vict. c. 66, s. 2.

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

Inducing a 48. Whosoever, with intent to defraud or injure any person by other person, shall, by any unlawful violence to or violence or threats to restraint of, or threat of violence to or restraint of, execute the person of another, or by accusing or threatening deeds, &c., t

; to accuse any person of any treason, felony, or infamous with intent to defraud. crime as herein-before defined, compel or induce any

person to execute, make, accept, indorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or copartnership, or the seal of any body corporate, company, or society, upon or to any paper or parchment, in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security, 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 yearsor 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 new. It will meet all such cases as Rex v. Phipoe, 2 Leach, 673, and Rex v. Edwards, 6 C. & P. 521, where persons by violence to the person or by threats of accusation of crimes, induce others to execute deeds, bills of exchange, or other securities.

mmaterial

49. It shall be immaterial whether the menaces or It shall be threats herein-before mentioned be of violence, injury, imma

9. from whom or accusation to be caused or made by the offender or the menaces by any other person.

proceed.

Note.—This clause is new. It is intended to meet cases where a letter may be sent by one person and may contain menaces of injury by another, and to remove the doubts occasioned by Rex v. Pickford, 4 C. & P. 227, and see Reg. v. Smith, 1 Den. C. C. 510.

[ocr errors]

As to sacrilege, burglary, and housebreaking:

50. Whosoever shall break and enter any church, Breaking chapel, meeting house, or other place of divine wor- and entership, and commit any felony therein, or being in any church or church, chapel, meeting house, or other place of chapel and divine worship shall commit any felony therein and committing break out of the same, 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.

f shall be guilty of forein and com

Note.—This clause is framed on the 7 & 8 Geo. 4, c. 29, s. 10, and 9 Geo. 4, c. 55, s. 10 (I.).

The words “meeting house or other place of divine worship” were in the latter and not in the former Act, and consequently it was held that chapel in the latter did not include a dissenting chapel. Rex v. Warren, 6 C. & P. 335, note (a); Rex v. Richardson, 6 C. & P. 335 ; Rex v. Nixon, 7 C. & P. 442. But this clause clearly includes every place of religious worship.

The former enactments were confined not only to stealing, but to stealing any chattel. The present clause includes “any felony," and

this clause and the eight subsequent clauses are
in this respect made uniform.

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

Burglary 51. Whosoever shall enter the dwelling house of
by break- another with intent to commit any felony therein,
ing out.

or being in such dwelling house shall commit any
felony therein, and shall in either case break out of
the said dwelling house in the night, shall be deemed
guilty of burglary.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 11, and 9 Geo. 4, c. 55, s. 11 (I.).

Night commences at nine o'clock in the evening and ends at six the next morning by s. 1, ante, p. 72.

Burglary.

52. Whosoever shall be convicted of the crime of burglary 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.

[ocr errors]

Note.—This clause is taken from the 7 Will. 4 & 1 Vict. c. 86, s. 3.

Burglary accompanied by an assault with intent to murder or wounding, &c., was capital by s. 2 of that Act; but that punishment is abolished, and it was considered better when that was done to leave the offence of burglary punishable with penal servitude for life, &c., so that the Court might award the punishment according to the particular circumstances of each case; as any enumeration of particular aggravations would probably have left equally aggravated cases unprovided for.

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

53. No building, although within the same curti- What lage with any dwelling house, and occupied there, building

within the with, shall be deemed to be part of such dwelling cu house for any of the purposes of this Act, unless shall be there shall be a communication between such build- deemed

part of the ing and dwelling house, either immediate, or by di means of a covered and inclosed passage leading house. from the one to the other.

Note.—This clause is taken from the 7 &
8 Geo. 4, c. 29, s. 13, and 9 Geo. 4, c. 55, s.
13 (I.).

54. Whosoever shall enter any dwelling house in Entering the night, with intent to commit any felony therein, a dwelling shall be guilty of felony, and being convicted thereof the night

2 house in shall be liable, at the discretion of the Court, to be with intent kept in penal servitude for any term not exceeding to commit

9 any felony. seven years and 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.—This clause is new, and contains a very great improvement of the law. Where no property was stolen, it frequently happened on the trial of an indictment for burglary that the prisoner escaped altogether for want of sufficient proof of the house having been broken into, though there was no moral doubt that it had been so. This clause will meet all such cases. It will also meet all cases where any door or window has been left open, and the prisoner has entered by it in the night.

It is clear that if, on the trial of an indictment for burglary with intent to commit a felony, the proof of a breaking should fail, the prisoner might nevertheless be convicted of the offence created by this clause, for such an indictment contains everything that is required to constitute an offence under this clause, in addition

to the allegation of the breaking, and the prisoner may be acquitted of the breaking and convicted of the entering with intent to commit felony, in the same manner as on an indictment for burglary and stealing, he may be acquitted of the breaking and convicted of the stealing. See 2 Russ. C. & M. 789. And this affords an additional reason why in an indictment for burglary and committing a felony there should always be introduced an averment of an intent to commit that felony; so that if the proof of the commission of the felony and of the breaking fail, the prisonér may nevertheless be convicted of entering by night with intent to commit it.

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

no part of

Breaking 55. Whosoever shall break and enter any building, into any

and commit any felony therein, such building being building within the within the curtilage of a dwelling house, and occupied curtilage therewith, but not being part thereof, according to which is

of the provision hereinbefore mentioned, or being in the dwell- any such building shall commit any felony therein, and ing house break out of the same, shall be guilty of felony, and and committinc any being convicted thereof shall be liable, at the disfelony.

cretion 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 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. 14, and 9 Geo. 4, c. 55, s. 14 (I.).

See the note to s. 50, ante, p. 105, as to “any felony."

The other words in Italics place breaking out after committing a felony in any such building as is here mentioned, on the same footing as breaking in and committing a felony, and thus make the provision similar to that in burglary; see sec. 51, ante, p. 106.

The 9 Geo. 4, c. 55, s. 14 (I.), provided that a person might be convicted of stealing in a

106

« 이전계속 »