Judgment or sentence of
whipping
shall not be awarded on female offenders;
therefore imprisonment or solitary confinement.
By stat. 1 Geo. 4. c. 57. § 1. stat. 57 Geo. 3. c. 75. (ante, p. 565.) is repealed.
§ 2. Enacts, that from and after the passing of this act, [15th July, 1820.] judgment or sentence shall in no case whatever be given and awarded against any female or females convicted of any offence whatsoever, that such female offender or offenders do suffer the punishment of being whipped either publicly or privately; any law, statute, or usage, to the contrary notwithstanding.
§ 3. Enacts, that in all cases where the punishment of whipping, either publicly or privately, on female offenders, has hitherto formed the whole or part of the judgment or sentence to be pronounced, or has in any other case been inflicted, it shall and may be lawful for the court or justice of the peace before whom any such offender shall be tried or convicted, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any space of time not exceeding six months, nor less than one month; or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped, as to the said court or justice shall seem most proper: Provided, that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter, or affect any punishment whatsoever which may now be by law inflicted in respect of any offence, save and except only the punishment of publicly or privately whipping on female offenders, in manner as herein-before is enacted.
ABUSE, no breach of the peace. SLANDER, V. 243.
ACCESS. See BASTARDY. I. ACCESSARY, who is, I. 1.
In treason no accessaries, ib.
Nor in criminal cases not capital, ib. Only in capital felonies, ib. When they are implied, ib. In felony, ib.
When in felonies by statute, ib. Their clergy, I. 2.
ACCESSARIES BEFORE THE FACT, who are, I. 2.
Those who are actually present, are not, ib.
Nor when constructively present, I. 3. Nor those who are casually present, not assisting, ib.
Nor they who command one felony, but another is committed, ib. Prisoners not present at the uttering of a forged note, ib.
No such accessaries in unpremeditated offences, I. 4.
Nor in concealing another's intended felony, ib.
Nor where counselling a felony is coun- termanded by him who counselled, ib. ACCESSARIES AFTER THE FACT, I. 5. Knowledge of the felony, necessary, Excepting where death is regularly the judgment, ib.
And in cases of common trespasses, and similar inferior crimes, ib. Relieving, comforting, and assisting, what is, I. 5. 6.
Receiving back stolen goods, I. 6. Wife, when an accessary, I. 7. Petit Larceny, no accessaries in, ib. ACCESSARIES AND RECEIVERS, proceed- ings against, I. 8. Where bailable, ib.
In what county to be tried, ib. By 43 G. 3. c. 113, s. 5, ib.
ACCESSARIES, &c.— continued.
Accessaries tofelonies on the high seas, I.8. In cases of murder and manslaughter, I. 9.
The indictment against principal and accessary, I. 10.
Principal to be first convicted, ib. Both tried by one inquest, ib.
Accessary may be tried, though the principal be not attainted, I. 11. Where one is charged as accessary to more than one principal, ib. Principal erroneously attainted, ib. Where principal is first convicted, I.
Conviction of the principal not con-
clusive against the accessary, I. 12. Accessary acquitted, may be indicted as principal, ib.
Principal acquitted, may be indicted as accessary before, ib.
Or as accessary after, I. 1.3.
Accessary before, acquitted, may be in- dicted as accessary after, ib. ACCESSARIES AND RECEIVERS, statutes against. Buying or receiving stolen goods, 3 W. c. 9., ib.
Receiving, harbouring, &c. burglars, &c. 5 An. c. 31., ib.
Pardon on condition of transportation, by 4 G. 1. c. 11., ib.
May be prosecuted for a misdemeanor, though principal be not before con- victed, (by 1 An. stat. 2. c. 9.) Or cannot be taken, (by 5 An. c. 31. § 6.)
4 G. 1. c. 11. Does not to cases where the principal is amesnable, ib. Therefore not to cases where the prin- cipal has been convicted, ib. But now otherwise (by 22 G. 3. c. 58.) I. 15.
Excepting in certain cases, I. 16. The punishment by 22 G. 3. c. 58. ib. Searching for concealed stolen goods,
Concealers of stolen goods, guilty of a misdemeanor, ib.
Constable's power therein, ib. Carrying stolen goods, a misdemeanor, ib.
ACCESSARIES, &c.-continued. Sheep, fowls, and other animals, are within the words "goods and chat- tels," " I. 16.
But money not, ib. Nor Bank notes, ib.
Averment of non-conviction of prin- cipal, not necessary, I. 17. Stat. of 29 G. 2. relating to lead, iron, copper, brass, bell-metal, and solder, ib. Buying or receiving the same, ib. Privately buying or receiving the same between sun-set and sun-rise, ib. Punishment for so doing, ib. Searching for the same, ib. Having the same concealed, a misde- meanor, ib. 18.
Carrying or conveying the same be- tween sun-setting and sun-rising, ib. Constable's power therein, ib. When such persou so carrying shall be adjudged guilty of a misdemeanor, ib.
What shall be done with such materials so found, ib.
Persons offering the same to sale may be secured if suspected, ib. 19. Who may give evidence concerning the same, ib.
Such persons guilty of a misdemeanor,
Punishments under the said statute, ib. Conviction, form of, ib.
Persons discovering such offenders, I.
Manufactured articles of brass, ib. Stat. 21 G.3. c. 69. relating to receiv- ers of pewter or pewter vessels, I. 21. Persons discovering two buyers or re- ceivers of stolen goods, ib. Punishment of such offenders, ib. Stat. 2 G. 5. c. 28. 12. relating to buyers or receivers of ship's cargoes, goods, and stores, I, 21. Privately buying or receiving, ib. Guilty of misdemeanor, ib.
39 & 40 G.3.c.87. relating thereto. I. 22. Stat. 10 G. 3. c. 48. relating to buyers or receivers of stolen jewels, ib. Whether watches be within said 10 G. 3. c. 48. Qu., ib.
ACCESSARY, before the fact, indictment against, I. 23.
For receiving stolen goods, knowing them to have been stolen, ib. ACCIDENT, hurt by. See HOMICIDE, II.
ACCOMPLICE. See EVIDENCE, I. 790. ACCOUNT, false. See CHEAT, I. 474, ACCOUNT-BOOK, Evidence, I. 782. ACCUSATION, false. See CONSPIRACY. ACCUSED, not to be on oath. See Ex- AMINATION, L 916.
ADVERTISEMENTS, in newspapers, duty on. See NEWSPAPERS, &c. ADULTERY. See LEWDNESS. AFFIDAVITS VOLUNTARY or EXTRAJU- DICIAL. See OATHS, III. AFFIRMATION of Quakers. See OATHS. AFFRAY, what, I. 25.
Words do not constitute an affray, ib. Stat. of 2 Ed. 3. c. 3. thereon, ib. 20 R. 2. c. 1. I. 26.
Suppressing it by a private person, I. 26 By a constable, I. 27. Affrays in his presence, ib. In his absence, ib.
Suppressing it by a justice, ib. Punishment thereof, I. 28.
Form of a warrant to apprehend af- frayers, ib.
Indictment for an affray, ib. ALAMODES. See SILKS ALE AND BEER. See Excise. ALEHOUSES, the several statutes, I. 29. ALEHOUSES, not the same as inns, I.30. No licence necessary for an inn, ib. But an Inn is indictable as a nuisance, if such, ib.
Stat. 21 J. 1. c. 21. relating to inn- keepers' charges, ib.
Inns selling ale, liable as alehouses, ib. Innholders to be enquired of by two justices, I. 31.
ALEHOUSES, LICENSING BY JUSTICES, stamping the licence, I. 31. Licensing canteens, I. 32. License by the excise, I. 31. License by justices, to be at a gene- ral meeting of justices, ib. Time of holding such meeting, ib. Lodging-houses need not a licence, ib. Who are justices of the division for the purpose of licensing, I. 32. Of cities and towns corporate, I.31. Appointment of licensing day, ib. Certificate for a licence, ib.
By whom it may be signed, I. 32. Justices not compellable to grant a licence, I. 33.
But may be punished for a corrupt refusal to licence, ib.
In cities, towns, or places, I. 31. In Middlesex and Surrey, I. 37. ALEHOUSE LICENCE-STAMPS, I. 38. Penalties, if there be no stamp, ib. Justice's clerk's fees, I. 37. 40. ALEHOUSE LICENCE, HOUSES PROTECT- ED by them, I. 37. Confined to one place, ib.
For how long a time, ib. & 38. Licensed persons dying, or removing, ib.
His executors, &c. removing, I. 39. Licensed house becoming empty or unoccupied, I. 39.
Granting a new licence in such cases, ib. What such executors, &c, must do, in order to continue, ib.
Certificate and recognizance by them in such case, ib.
ALEHOUSES, EXCISE LICENCE, I. 38. New stamp duty, ib.
How the excise licence shall be taken out, ib.
Penalty for selling without fresh ex-
What shall be done upon the death or removal of such licensed person, ib. Partners, I. 40.
Magistrates' licences to be had previously to the excise licence, ib.
Fees, as in case of magistrates licences, ib.
Disability to sell exciseable liquors when there is a disability to keep alehouse, ib.
Fines, &c. how to be recovered, I. 41. Observations on the 48 G. 3. c. 123. ib. Ale, selling WITHOUT LICENCE, penal- ties, I. 42.
For selling by retail without licence, ib. Upon second conviction incapable of future licence, ib.
Penalty on not producing, ib.
Penalty on witnesses not appearing, ib. Distraining upon goods conveyed away, ib.
Appeal, within what time, and how made, ib.
Conviction, I. 45.
Mitigation of penalties, ib.
Inhabitants may be witnesses, ib. Prosecutions to be in 6 months, ib.
Selling ale without licence, not indict- able, ib.
Proceedings where any are suspected of selling ale without licence, ib. Selling to unlicensed persons who sell, I. 46.
ALE, SELLING IN FAIRS, I. 45. Not within said provisions, ib. What shall be done therein, ib. Observations, I. 46.
ALEHOUSE RECOGNIZANCES, I. 46. What recognizance shall be entered into, ib.
Where the principal cannot attend, ib Conditions, ib. Filing, ib.
Penalty on justice for signing licence, where no recognizance, I. 47. Forfeitures for the same, ib.
To award process, ib.
To hear and determine, ib. Proceedings upon the same by one jus- tice, under 26 G. 2. c. 31. ib. Of the finding of the jury, ib. Recognizance to be estreated upon verdict of guilty, ib.
Person licensed to be disabled from selling ale, &c. for 3 years, ib. Sessions may adjourn the hearing, I.
Disability shall also extend to selling spirituous liquors, ib.
ALEHOUSE, &c.— continued.
Punishment for selling during such dis-
Conviction, form of, &c. ib. & 66.
ALE-BREWING, OFFENCES IN, I. 48.
ALEHOUSES, &c.- continued. Who may be, I. 55.
Conviction, form of, ib.
Appeal against the same, I. 54. Certiorari, costs, &c. ib.
Common brewers or retailers not to ALEHOUSES, TIPPLING IN, I. 54.
use molasses, &c. ib.
Penalty thereon, ib.
Nor to have the same in their custody,ib. Not to use wormwood, &c. instead of hops, I. 49.
Not to use sugar, &c. I. 49. Penalties, ib.
ALE VESSELS AND ALE MEASURES, I. 49. Justices to rate price of ale vessels, ib. Barrel, what shall be, ib.
Beer to be retailed in quarts or pints, ib. Materials thereof, ib.
What and where the standard shall be, ib. Quarts, &c. to be marked, I. 49. Penalty and its distribution, ib. Reckoning to be recoverable only by action at law, where ale is sold in unstamped vessels, I. 50.
Who shall size and mark the same, ib. How, ib. Penalty, ib.
Indictment will lie for selling ale in pots unsealed, ib.
ALE, enhancing the price of, I. 50. ALEHOUSES, INN-KEEPERS, obliged to receive guests, I. 51. ALEHOUSES, soldiers quartered in, ib. See MILITARY (Soldiers.)
ALEHOUSES, TIPPLING OR GAMING IN, I. 51.
Penalties on suffering the same, ib. Before whom recovered, I. 52. How recovered by constable or church- wardens, ib.
Constables, &c neglecting their duty therein, ib.
Penalties for the same, ib. How levied, ib.
Who shall present such offences, ib. Alehouse-keepers suffering tippling to be disabled from keeping any such ale-house for three years, ib. Permitting gaming by journeymen, la- bourers, servants, or apprentices, ib. Forfeiture for the same, ib. How levied, ib.
How distributed, ib.
Journeymen, &c. gaming in ale-houses, may be apprehended, ib. Convicted by one justice, I. 53. Forfeiture, ib. Distribution, ib.
On non-payment, commitment to house of correction, ib.
What justices may hear this offence, ib. Witness, how summoned, and his de- meanor, ib.
Forfeiture on conviction, ib. How levied and distributed, ib. Where no distress, offender to be set in the stocks, ib.
Conviction, must state whether inha- bitants or strangers, I. 822. ALEHOUSES, DRUNKENNESS, I. 55. ALEHOUSES, RECKONING, I. 55. When guest may be detained for rec- koning, ib.
« PreviousContinue » |