Sivut kuvina

S, 50.

SOLDIERS 7 & 8 G. 4. Making false statements at the time of enlisting, c. 29.

misd. pun. as for obtaining money by false pretences, that is, Tr. for 7 yrs. or fine or Impr. or both, as the Ct. shall award, and if upon the trial for the misd., it shall appear that the property in question was obtained in such manner as to amount to larceny, the off. shall not by reason thereof be entitled to be acquitted of the misd. 7 & 8 G. 4. c. 29.

See False Pretences, p. 52, ante. 69 G. 3. Enlisting in foreign service. c. 69.

Misd. pun. fine and Impr. or either, at the dis

cretion of the Ct. 59 G. 3. c. 69. s. 2.
See Punishment, p. 136, ante.

See also Hard
Labour, p. 71, ante.

SPRING GUNS, &c. MAN TRAPS, &c. c. 18.

Setting spring guns, with intent to destroy or in

flict bodily harm on a trespasser, misd. 7 & 8 G. 4. c. 18. s. l. See Man Traps,

p. 123, ante.


With intent to maim or murder, misd. pun. D. c. 31.

9G.4. c. 31. s. 11. See p. 89, ante. With intent to disable, &c. fel. pun. D. Id. s. 12. See

p. 38, ante. STAMPS. Forging or uttering stamps in supplements, and on

c. 119.

c. 18.


paper containing principally advertisements, 6 G. 4. and no news intelligence or occurrences,

fel. without benefit of clergy, pun. D. 6 G. 4.

c. 119. s. 2. 6. (a) The like on cards or dice, fel. pun. D. 9 G. 4. 9 G. 4.

c. 18. s. 35. STANDING MUTE. Plea of n.g. may be entered by the Ct. 7 & 8 7 & 86. 4. G. 4. c. 28. s. 22. See Challenge, p. 25,

c. 28. ante. STEAM ENGINES. The Ct. may order them to be altered to prevent 1& 2 G.4. nuisance. 1 & 2 G. 4. c. 41. See Nui

c. 41. sance, p. 129, ante. STOPPING STOLEN GOODS. Any person to whom any property is offered for 7 & 8 G. 4.

sale, pawn, or delivered, if there is reasonable c. 29.
cause to suspect that any offence (e) has been

on or in respect of such property,
may apprehend' and convey before a J. P.
the party offering the same, together with the
property, to be dealt with according to law.
7 & 8 G. 4. c. 29. s. 63.


(a) In sect. 6. of this statute the words are, " That if any person shall forge or counterfeit, or cause or procure to be forfeited or counterfeited,” &c. the word forfeited is clearly a mistake; it should be forged.

(a) That is, any offence punishable either by indictment or on summary conviction under this act, (the Larceny Act.)

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With intent to murder, fel. pun. D.

9 G. 4. c. 31. s. 11. See Injuries to the Person,

p. 89, ante.
By magistrates.
Assault, common, and injuries to the person,

punishable upon summary conviction.
Mode of proceeding by summons and warrant.
Where any person is charged on the oath of a

credible witness before a J. P. with any
off. (a) the J. may summon the party charged


two Js. at the time and place named in the summons, and if the party shall not appear, then, (on due proof of the service of the summons, by delivering the same to him,) the Js, may either proceed to hear and determine the case ex parte, or may issue a warrant to apprehend the off. and bring him before them, or the J. before whom the charge shall be made, may (if he thinks fit) issue a warrant in the first instance, without a previous summons. 9 G. 4. c. 31. s. 33.

(a) That is, any offence under the 9 Geo. 4. c. 31., the Injuries to the Person Act.

9 G 4.

Prosecutions for any off. punishable on sum-

mary conv., must be commenced within three
cal. m. after the commission of the off. Id.

c. 31.

S. 34.

and no

The form of conv. is given by the stat. Id. s. 35. s. 35.
No conv. can be quashed for want of form, or s. 27, 28,

removed by certiorari or otherwise,
warrant of comm. to be void by reason of
any defect therein, if it is alleged that the
party has been conv. and there is a good and

valid conv. to sustain the same. Id. s. 36. Common assaults. 9 G. 4. c. 31. s. 27, 28, 29.

See Assault, p. 11, ante. .
In Malicious Injuries.
Assault on seamen to prevent their working. s. 26.

9 Geo. 4. c. 31. s. 26. See Assault, p. 14,

ante. To prevent the free passage of grain, goods, &c. pun.

Id. See Assault, p. 15, ante.
The comm. for any offence punishable by sum- 7& 8 G. 4.

c. 3).
mary conv. under 7 & 8 Geo. 4. c. 30. must
be commenced within 3 cal. m. after the of-
fence comm. and the evidence of the party
aggrieved shall be admitted in proof of the
offence; also the evidence of any inhabitant
of the co. &c. in which the off. shall have
been comm. 7 & 8 Geo. 4. c. 30. s. 20.

7 & 8G. 4. c. 30.

Mode of Proceeding. See Malicious Injuries.

any person charged on the oath of a credible witness, before any J.P. with any off. punishable by summary conv. under 7 & 8 Geo. 4. c. 30. the J. may summon the party charged, to appear before him, and if he shall not appear, then (on proof of the service of the summons, by delivering the same personally to him, or by leaving it at his usual place of abode,) the Justice may either proceed to hear and determine ex parte, (a) or issue a warrant to apprehend (b) and bring the party, before him or some other J. P.; or the J. may, if he thinks fit, without any previous summons (unless where otherwise specially directed,) issue such warrant, (c) and J. before whom

(a) If the party appears, though the service has been irregular, the irregularity is cured by appearance, and the J. may proceed.

(b) The power to issue a warrant, depends on the regularity of the service of the summons; if the party has been summoned, and does not appear, the J. should examine the person who served the summons upon oath, of the due service of it, and make a record of the evidence, as it should be set out in the conviction.

(u) Where the offence is fel. the J. has the power to issue a warrant to apprehend the party charged, but in case of misd. the usual course is to issue a summons, unless a power to apprehend is specially given the J. by sta The power of issuing a warrant in the first instance, should be exercised with discretion, and it should only be resorted to in flagrant

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