Page images
PDF
EPUB

extend as well to Appeals and Indictments not determined before this time, as to Appeals and Indictments to be taken hereafter; and if any Exigent from henceforth be awarded before that such Inquisition of Office as afore is said be taken, that the same exigent and the awarding thereof be likewise void and holden for none. 7 H. 5.

Larceny and Robbery.

(And see Title PIRACY).

I. Larceny and Robbery in the Dwelling House.

§ 1. By Statute 23 H. 8. c. 1. s. 3. Robbing any person in the Dwelling Houses or Dwelling Place, the Owner or Dweller, his Wife, Children, or Servants, then being therein, and put in fear and dread, Felony without Clergy.

§ 2. By Statute 25 H. 8. c. 3. s. 1. extended to such Offenders standing Mute of Malice, or challenging pe

remptorily above Twenty, or not answering directly to the Indictment.

§ 3. By Statute 1 Ed. 6. c. 12. s. 10. persons found guilty of Breaking any House by Day or Night, any persons being therein and thereby put in fear, or confessing the same, or not answering directly, or standing wilfully Mute, ousted of Clergy.

4. By Statute 5, 6 Ed. 6. c. 9. s. 4. Robbing persons in any part of their Dwelling Houses or Dwelling Places, the Owner, &c. his Wife, Children, or Servants being therein, or in any other place within the Precincts of the same, whether the Owner, &c. be sleeping or waking, ousted of Clergy.

[ocr errors]

§ 5. Breaking any Dwelling House, or any part thereof, or any Outhouse belonging and used to and with the same in the Day-time (no person then being therein), and therein feloniously taking away Money, Goods, or Chattels, being of the value of Five Shillings or upwards, Felony without Clergy by the Statute 39 Eliz. c. 15.

...

§ 6. Offenders convicted or attainted of the felonious taking Goods in a Dwelling House, any person being therein and put in fear, or robbing any Dwelling House in

ΕΕ

the Daytime, any person being therein, or comforting, aiding, abetting, assisting, counselling, hiring, or commanding thereto, or to break any Dwelling House, Shop, or Warehouse belonging to or used therewith, in the Daytime, and feloniously take away Money, Goods, &c. of Five Shillings value, although no person therein, or standing Mute, or not answering directly to the Indictment, or peremptorily challenging above Twenty, are ousted of Clergy, by the Statute 3, 4 W. & M. c. 9. s. 1.

§ 7. By Statute 12 Ann. st. 1. c. 7. Offenders convicted or attainted by Verdict or Confession of stealing Money, Goods, Chattels, Wares, or Merchandizes, of the value of Forty Shillings or more, being in any Dwel linghouse, or Outhouse thereto belonging, although such House, &c. is not broken, and whether any person be therein or not, or assisting or aiding to commit such Offence, or standing Mute, or not answering directly, or peremptorily challenging above Twenty, are ousted of Clergy.

II. Larceny and Robbery in Churches, Chapels, or other Holy Places.

§ 1. By Statute 23 H. 8. c. 1. s. 3. Offenders found guilty for Robbing of any Churches, Chapels, or other Holy places, or of abetting, procuring, helping, maintaining, or counselling of or to such Offence, ousted of Clergy.

§ 2. By Statute 25 H. 8. c. 3. s. 2. extended to such as stand mute of malice, or challenge peremptorily

above Twenty, or not answering directly to the Indictment.

§ 3. By Statute 1 Ed. 6. c. 12. s. 10. Offenders attainted or convicted of felonious taking of any Goods out of any Church or Chapel, or confessing the same, or not answering directly, or standing wilfully Mute, ousted of Clergy.

III. Larceny and Robbery in Booths or Tents in any Fair or Market.

By Statute 5, 6 Ed. 6. c. 9. Robbing any person in any Booth or Tent in any Fair or Market, the Owner, his Wife, Children, or Servants, then being therein, and whether they be sleeping or waking, ousted of Clergy.

IV. Robbery from the person in or near the Highway, or elsewhere.

§ 1. By Statute 23 H. 8. c. 1. s. 3. Offenders convicted of Robbing any person in or near about the Highways, or of abetting, procuring, helping, maintaining, or counselling the same, ousted of Clergy. § 2. By Statutes 25 H. 8. c. 3. s. 1. and 1 Ed. 6. c. 12. s. 10. extended to such Offenders confessing the Offence, standing Mute of malice, challenging peremptorily above Twenty, or not answering directly to the Indictment.

§ 3. By Statute 3, 4 W. & M. c. 9. s. 1. Offenders convicted of or attainted of Robbing any other person, or of comforting, aiding, abetting, assisting, counselling, hiring, or commanding the same, or who shall stand Mute, or will not directly answer to the, Indictment, or challenge peremptorily above Twenty, ousted of Clergy.

V. Privately stealing Goods to the Value of Five Shillings in any Shop, Warehouse, Coach-house, or Stable.

By Statute 11, 12 W. 3. c. 23. s. 1. Offenders convicted or attainted of privately stealing Goods, Wares, or Merchandizes to the Value of Five Shillings, in any Shop, Warehouse, Coach-house or Stable, although such Shop, &c. be not broken, or assisting, hiring, or commanding the same, or standing Mute, not answering, &c. or challenging peremptorily above Twenty, ousted of Clergy.

VI. Larceny of Lead, Iron, or other Metal or Utensil, and of Trees, affixed to the Freehold.

§ 1. By Statute 4 G. 2. c. 32. stealing, ripping, cutting,

or breaking with intent to steal, any Lead, Iron Bar, Gate, Palisadoe, or Rail, fixed to any Dwelling-house, Outhouse, &c. or other Building, or fixed in any Garden, Fence, Outlet, &c.; or aiding, abetting, and assisting in the same, or buying or receiving the same, Felony and Transportation.

§ 2. By 21 G. 3. c. 68. the Provisions of the former

Statute are extended to any Copper, Brass, Bell
Metal, Utensil or Fixture, and to Iron Rails or
Fencing set up in any Square, Court, or other

[ocr errors]

Place, and to all Aiders, Abettors, and Assisters, and to Buyers and Receivers of the same.

§ 3. By Statute 6 G. 3. c. 36. stealing, cutting, or destroying, &c. in the Night-time any Oak, Ash, &c. or other Tree standing for or likely to become Timber, or any Root, Shrub, or Plant value Five Shillings growing in any Garden or inclosed Ground, or aiding, &c. therein, Felony and Transportation.

§ 4. By Statute 6 G. 3. c. 48. the same Offence if committed in the Day-time is made a Misdemeanor punishable summarily by Fine for the first and second Offence, but the third Offence is Felony and Transportation.

VII. Larceny in Ships on Wharfs, &c. and from Vessels Wrecked, &c. or in Distress.

§ 1. By Statute 24 G. 2. c. 45. Offenders convicted of stealing any Goods, Wares, or Merchandize value Forty Shillings, in any Ship, Barge, Lighter, &c. upon any Navigable River or Port of Entry, &c. or Creek, or upon any Wharf or Quay adjacent to any Navigable River, &c. or aiding, &c. therein, or standing Mute, &c., ousted of Clergy.

§2. By Statute 12 Ann. st. 2. c. 18. s. 5. stealing any Pump belonging to any Vessel in Distress or aiding, &c. therein, ousted of Clergy.

§ 3. By Statute 26 G. 2. c. 19. s. 1. plundering, stealing, or destroying any Goods, &c. from any Ship in Distress or Wrecked, &c. or cast on shore, or any of the Furniture or Tackle thereof, ousted of Clergy.

VIII. Larceny from Bleaching Crofts, Rack or Tenters, and of
Wool, &c. left out to dry, and robbing Manufactorics.
§ 1. By 22 Car. 2. c. 5. s. 3. Offenders convicted of
cutting, stealing, and taking Cloth or other
Woollen Manufactures from the Rack or Tenter
in the Night-time, or confessing the same, or
standing wilfully mute, not directly answering, or
challenging peremptorily above Twenty, ousted of
Clergy.

By Statute 51 G. 3. c. 41. stealing Linen,
Fustian, Calico, Cotton, or Cotton or Linen

Yarn, &c. or Cotton Tape, Incle, Filletting, &c. or other Linen, Fustian, or Cotton Goods exposed to be printed, whitened, &c. or dried in any Bleaching Croft, &c. or Ground, or Bowking House, &c. made use of by any Calico Printer, &c. to the Value of Ten Shillings, or buying or receiving the same, Felony and Transportation for Life, &c.

$2. By Statute 15 G. 2. c. 27. Persons in whose Possession Cloth or Woollen Goods remaining upon the Rack or Tenters, or Woollen Yarn or Wool left out to dry and having been stolen therefrom, shall be found, not accounting satisfactorily for such Possession, for a third Offence guilty of Felony, and may be transported.

§ 3. By Statute 4 G. 3. c. 37. s. 16. breaking by Day or by Night into any House, &c. or by force entering therein with intent to steal or destroy any Loom or Cloth, &c. or Implements, or cutting in Pieces such Goods, Felony and without Benefit of Clergy. §4. By Statute 13 G. 3. c. 38. s. 29. Breaking by Day or Night into any House of the British Plate Glass Manufactory, with intent to steal or destroy Glass, &c. or Implements, or stealing any Tools or Materials, &c. Felony and Transportation.

IX. Larceny in Northern Counties by taking Black Mail. By Stat. 43 Eliz. c. 13. taking, receiving, or carrying any Money, Corn, Cattle, &c. called Black Mail, ousted of Clergy. X. Larceny from the Person.

By Statute 48 G. 3. c. 129. Offenders stealing Money, &c. from the Person of another, whether privily without his Knowledge or not, but without such Force, &c. as to constitute Robbery, or being present aiding and abetting, guilty of Felony, and may be transported for Life, &c.

XI. Maliciously by Force or Fraud taking away or decoying any

Child under Ten Years of Age, with intent to deprive the Parent, &c. of the Possession of such Child, or with intent to steal the apparel, &c. Felony by 54 G. 3. c. 101.

XII. Larceny of Records and Choses in Action.

§1. By Statute 8 H. 6. c. 12. s. 3. stealing, taking away,

« PreviousContinue »