OFFENCE. BRIDGES, Pulling down, &c. See Offence 359, tit. "Malicious Injuries." BROKER, Converting property. See tits. "Agents," "Fraudulent Trustees. BUOY, Cutting away. See Offence 366, tit. "Malicious Injuries." BURGLARY (Note 26). 99. Whosoever shall be convicted of the crime of burglary,i. e., the breaking and entering the dwelling-house of another in the night, with intent to commit felony therein (Note 27). Class of Offence Statute or Authority. F. Common Law. s. 51. 100. Whosoever shall enter the dwelling-house of another, F. 24 & 25 Vict. c. 96, with intent to commit any felony therein,-or being in such dwelling-house shall commit any felony therein,and shall in either case break out of the said dwellinghouse in the night (Note 27). 101. Whosoever shall enter any dwelling-house in the night, with intent to commit any felony therein. CANAL, Destroying Works of. See Offences 356, 357, 359, tit. "Malicious Injuries." CARNALLY KNOWING FEMALES. F. Id. s. 54. s. 3. 102. Whosoever shall unlawfully and carnally know and abuse F. 38 & 39 Vict. c. 94, any girl under the age of twelve years [see Note 28 for definition of carnal knowledge, and case of Reg. v. Beale, in Note 17, ante, p. 1031]. 103. Whosoever shall unlawfully and carnally know and abuse any girl being above the age of twelve years and under the age of thirteen years [see Note 28 for definition of carnal knowledge and case of Reg. v. Johnson and Reg. v. Guthrie, in Note 17, ante, p. 1031]. 104. Whosoever shall be convicted of any attempt to have [MEM. The 38 39 Vict. c. 94, which by sections M. Id. s. 4. M. Common Law. marriage contracted elsewhere than in England and Ireland by any other than a subject of her Majesty [Reg. v. Topping, 25 L. J. (N. S.) M. C. 72; 1 Dears. C. C. 647], or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time [see Reg. v. Briggs, 26 L. J. (N. S.) M. C. 7; 1 Dears. & B. 98; Reg. v. Horton, 12 Cox. C. C. 670, and Reg. v. Lumley, 38 L. J. (N. S.) M. C. 86; 20 Law T., N. S. 454; the burden of proving which being on the prosecution; Reg. v. Heaton, 3 F. & F. 819, Wightman, J., confirmed in Reg. v. Curgenwen, 35 L. J. (N. S.) M. C. 58; 13 Law T., N. S. 383; Reg. v. Jones, 21 Law T., N. S. 396], or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction." As to marriages within the prohibited degrees of consanguinity or affinity, see 5 & 6 Will. 4, c. 54, ss. 1, 2, and as to marriage by banns, see Reg. v. Clarke, 16 Law T., N. S. 529. 26" BURGLARY: " Apprehension of Offenders without Warrant.] Note 78, to tit. "Larceny," post, which is applicable here. 27 Night-time-Building within Curtilage.] For the purposes of the 24 & 25 Vict. c. 96, the "night" is to be deemed to "commence at 9 of the clock in the evening of each day, and to conclude at 6 of the clock in the morning of the next succeeding day" (s. 1). OFFENCE. Class of Offence Statute or Authority. CATTLE (Note 29). 105. Whosoever shall steal any horse, mare, gelding, colt or F. 24 & 25 Vict. c. 96, filly,- -or any bull, cow, ox, heifer or calf,- -or any ram, ewe, sheep or lamb. 106. Whosoever shall wilfully kill any animal, with intent to steal the carcase, skin or any part of the animal so killed. 8. 10. F. Id. s. 11. 107. Whosoever shall unlawfully and maliciously kill, maim F. 24 & 25 Vict. c. 97, or wound any cattle. [MEM. Slaughtering cattle without a licence, or giving CHAIN CABLES AND ANCHORS. s. 40. 8. 12.* 108. Stamping or assisting in stamping a chain cable or anchor M. 27 & 28 Vict. c. 27, with stamp or mark of any tester, without authority, with intent to pass same as duly tested, or selling or delivering same for equipment of vessel,-or making and delivering false certificate of testing. CHALLENGE. 109. Provoking to fight or to send a challenge,-sending a challenge,- —or taking same. [1 Hawk. c. 63, s. 3.] CHAMPERTY, EMBRACERY AND MAINTENANCE. M. Common Law. CHEATING. 110. As to selling by false scales or weights, &c. [Arch. Cr. Pl. by Bruce, 16th ed. p. 447.] [See tits." 'Conspiracies, 66 "False Pretences," and Gaming;" for other frauds at common law, see 2 CHEQUES. See Offence 229, tit. “Forgery.” CHILDREN. 66 See tits. "Cruelty," Carnally knowing M. Common Law. By sect. 53,"no building, although within the same curtilage with any dwellinghouse, and occupied therewith, shall be deemed to be part of such dwelling-house for any of the purposes of this act, unless there shall be a communication between such building and dwelling-house, either immediate, or by means of a covered and enclosed passage leading from the one to the other." Upon an indictment for burglary and larceny, the jury may find the prisoner not guilty of the burglary, but guilty of the larceny (Arch. Cr. Pl. by Bruce, 16th ed. p. 461). 28 CARNALLY KNOWING FEMALES: " Definition of Carnal Knowledge.] By 24 & 25 Vict. c. 100, s. 63, "whenever, upon the trial of any offence punishable under this act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only." 29"CATTLE: Apprehension of Offenders without Warrant―Restitution of Property Sessions (see Note Compulsory. Fine, or impr., or both 89, post). (see R. v. Phillips, 6 East, 464). No. No. -Venue.] For the offences under 24 & 25 Vict. c. 96, Note 78, post, or under 24 & 25 Vict. c. 97, Note 90, post, will be applicable. The Offence 105 may be tried either in the county where the animal is stolen, or into or through which the offender drove or carried it (see Note 79, post). 30"CHURCH OR MEETING HOUSES:" Mode of Proceeding.] By the statutes 1 Will. M. c. 18, s. 18, and 52 Geo. 3, c. 155, s. 12, on proof of the offence committed either in a church or a dissenting chapel before any justice by two or more credible witnesses, the offender is to find two sureties, to be bound by recognizance in the penal sum of £50, to answer for the offence, and in default to be committed to prison till the next general or quarter sessions. The depositions should be taken in the ordinary way, and transmitted to the sessions with the several recognizances. See also tit." Church," Vol. I., p. 336, and 18 & 19 Vict. c. 86, tit. "Dissenters," Vol. I., p. 394, Note 121. 0.5. VOL. I. 3 Y OFFENCE. Class of Offence Statute or Authority. CHILD STEALING. 8. 56. 111. Whosoever shall unlawfully, either by force or fraud, lead F. 24 & 25 Vict. c. 100, or take away, or decoy or entice away or detain, any child under the age of fourteen years, with intent to deprive any parent, guardian or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been by force or fraud, led, taken, decoyed, enticed away or detained, as in this section before mentioned. [See titles "Abduction" and "Cruelty."] CHLOROFORM OR OTHER DRUG. Administering, to enable himself or another to commit, or to assist in committing, any indictable offence. See Offence 70, ante, p. 1034.] CHURCH OR MEETING HOUSES (Note 30). s. 18. 112. Disquieting or disturbing, or misusing any preacher or M. 1 Will. & M. c. 18, teacher of any congregation in any cathedral or parish| church, chapel or other congregation permitted by Toleration Act. 113. The like, at common law. [See 23 & 24 Vict. c. 32, ante, p. 336, for summary punishment.] M. Common Law. 114. The like, Dissenters [Roman Catholics, 31 Geo. 3, c. 33, M. 52 Geo. 3, c 155, s. 10; and Jews, and all other lawful congregations, 9 & 10 Vict. c. 59, s. 4; 15 & 16 Vict. c. 36; 18 & 19 [See titles "Clergymen" and "Sacrilege."] CLERGYMEN. s. 13. s. 36. 115. Whosoever shall, by threats or force, obstruct or prevent, M. 24 & 25 Vict. c. 100, or endeavour to obstruct or prevent, any clergyman or other minister in or from celebrating divine service or otherwise officiating in any church, chapel, meeting house, or other place of divine worship, or in or from the performance of his duty in the lawful burial of the dead in any churchyard or other burial place,- -or shall strike or offer any violence to, or shall, upon any civil process, or under the pretence of executing any civil process, arrest any clergyman or other minister who is engaged in, or to the knowledge of the offender is about to engage in, any of the rites or duties in this section aforesaid, or who to the knowledge of the offender shall be going to perform the same or returning from the performance thereof. [See tit. "Marriages."] COAL MINE. See "Mines (Coal, &c.);" also Offences 38, 39, tit. "Arson;" Offences 310, 311, tit. "Larceny." 31 Exception.] This provision of the 52 Geo. c. 155, s. 12, is not applicable to churches or chapels of the Church of England (Carr v. Marsh, 2 Phill. 203; 14 J. P. 62). 32COIN:" Apprehension of Offenders without Warrant-Search Warrant-Interpretation of Terms-Proof of Coin being Counterfeit.] By 24 & 25 Vict. c. 99, s. 31, "it shall |
