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with mankind or with beast, every assault 7 & 8 G. 4.
Sending threatening letters, or threatening to
Sending (a) or delivering a letter, or writing, s. 9.
(a) Sending a letter threatening to expose person for some unjust or oppressive proceeding, or some irregularity in conduct not cognizable or punishable by the criminal law, though libellous, would not make the party liable to indictment under this sect. It must be some crime mentioned in the sect. attended with legal punishment.
It has been held, dropping a letter in a man's way, that he may pick it up, is a sending it to him within the meaning of the stat. Rex v. Wagstaff, Russ. & Ry. C. C. R. 398.
7 & 8 G.4. c. 29.
chattel, &c. fel. pun. at the disc. of the Ct.
Sacrilege-when a capital offence.
See Dwelling House, p. 45,
Stealing in dwelling house, (b) some person put in
Stealing in a building within the curtilage. (b)
ing therefrom any chattel, money, or valua
(a) This forms the offence of sacrilege, and to constitute the crime under this stat. the church must be either broken into, or the offender having concealed himself when it was open, and stolen some chattel, broken out of it. The thing must not be any fixture of the church or pews, but some moveable thing which answers the description of chattel.
(b) That is, some building not being part of the dwellinghouse in which a burglary may be committed; not being a building or house, having communication between the dwelling-house and such building, either immediately or by means of a covered way and inclosed passage leading from one to
ble security, the building being within the
Breaking into shops, warehouses, &c.
or counting house, and stealing therein any
the other, but standing apart, but at the same time forming the curtilage or part of the offices, if they were so connected, the breaking and entering of such a house, would constitute burglary.
(a) A count (on this sect.) in the indict. for breaking and entering an outhouse may be either single or joined with a count for burglary, housebreaking, or stealing to the value of 51. But there must be a distinct count for the offence under this sect. of the stat. or the party cannot be convicted.
(b) The hundred is liable to damages if a shop is riotously damaged or destroyed, 7 & 8 G. 4. c. 31. s. 2. See Hundred, p. 73, ante.
7 & 8 G. 4. Stealing goods, silk, woollen, linen, or cotton, or
mixed, of the value of 10s. in the course of manufacture..
Stealing to the value of 10s. any goods, or article of silk, woollen, linen or cotton, or of any one or more of those materials mixed with each other, or with any other material, whilst laid, placed, or exposed during any stage, process, or progress of manufacture, in any building, field, or other place, (a) pun. any of the punishment mentioned, in s. 14. Id. s. 16.
Stealing goods, &c. on board vessels, barges, boats, &c.
Stealing goods or merchandize in any vessel, barge or boat of any description whatsoever, in any port of entry or dischargé, or upon any navigable river or canal, or creek, or stealing goods or merchandize from any dock or quay adjoining to any port, &c. pun. as last mentioned, (sect. 14, p.103.) Ib. s. 17.
(a) This clause is for the protection of goods in process of manufacture, and which are necessarily left out and exposed in open fields, houses, sheds, &c. By this statute the offence is extended to any goods in any buildings or sheds, such as paper, leather, &c. as well as goods on bleaching greens and open grounds.
Plundering wrecks or stealing goods from ships 7 & 8 G.4.
Plundering or stealing any part of any ship or vessel (a) in distress, (b) wrecked, stranded or cast on shore; or any goods, merchandize or articles of any kind, fel. pun. D. Ibid. s. 18. Where articles of small value are stranded or cast on shore, and stolen without cruelty, outrage or violence, pun. as for simple larceny, and in either case the offender may be ind. and tried either in the co. where the offence is comm. or in any adjoining co. Id. Stealing or destroying records, &c. Taking for any fraudulent purpose from the
place of deposit, (c) or from any person hav
(a) This section applies as well to foreign as to British ships or vessels.
(b) Distress applies to a vessel still afloat, but being disabled. Going on board such a vessel in such a state, and plundering her, will come within this clause, as well as going on board after she had struck, and then plundering her. Sed qu. How would the case be if the crew had deserted her? Would the going on board and plundering come within the meaning of the statute?
(c) That is, after the termination of an action or suit, and the proceedings have been filed, until which they cannot be considered as records. If any of the documents mentioned in this sect. are brought into the proper office to be filed, or they have been delivered out in order to be given in evidence on a trial or cause, and while in the custody of the officer and entrusted to him they are stolen or injured, it is a case within this sect. of the stat.