commenced within twelve calendar months (sect. 4). The laying the information or apprehending the accused would be a commencement (see R. v. Brooks, 1 Den. C. C. 217; R. v. Austen, 1 C. & K. 621: Reg. v. Hull, 2 F. & F. 16; Reg. v. Parker, 1 Leigh & Care, C. C. 459; 10 Law T., N. S. 463. The "night" is defined by 9 Geo. 4, of the last hour before sunrise; and "6, grouse, heath or moor game, black game and bustards." As to evidence of previous conviction, see sect. 8, and Cureton v. Reg., 30 L. J. (N. S.) M. C. 149; 8.286. game to be "hares, pheasants, partridges, Law T., 70 Decisions on Offence 268.] It is not essential that all the prisoners charged should OFFENCE. GOVERNMENT. Offences against, see tits. "Arms," "Arson," 66 "Coin," " Escape, &c.," "Foreign Service,' "Naval "Public Service," GRANARY. Destroying and taking grain therefrom, see 36 Geo. 3, c. 9, ss. 1, 2; and see tit. Riots." GUNPOWDER (Notes 73, 74). Class of Offence and Statute or Authority. 8. 9. 272. Whosoever shall unlawfully and maliciously, by the ex- F. 24 & 25 Vict. c. 97, plosion of gunpowder or other explosive substance, destroy, throw down or damage the whole or any part of any dwelling-house, any person being therein,—or of any building, whereby the life of any person shall be endangered. 273. Whosoever shall unlawfully and maliciously place or throw in, into, upon, under, against or near any building any gunpowder or other explosive substance, with intent to destroy or damage any building, or any engine, machinery, working tools, fixtures, goods or chattels, whether or not any explosion takes place, and whether or not any damage be caused. 274. Whosoever shall unlawfully and maliciously place or throw in, into, upon, against or near any ship or vessel any 275. Whosoever shall make or manufacture,-or knowingly have in his possession,-any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this act mentioned. F. Id. s. 10. F. Id. s. 45. M. Id. s. 54. s. 64. 276. Whosoever shall knowingly have in his possession,-or M. 24 & 25 Vict. c. 100, make or manufacture,--any gunpowder, explosive substance or any dangerous or noxious thing, or any machine, engine, instrument or thing, with intent by means thereof to commit or for the purpose of enabling any other person to commit, any of the felonies in this act mentioned.* HOPBINDS. See Offence 349, tit. "Malicious Injuries." actually enter the land; but if they are associated together for the common purpose of taking game contrary to the statute, and some of the party actually enter such place to effect that purpose, while the others remain near enough to aid and assist, they may all be convicted under an indictment charging them with being in such place for such purpose (Reg. v. Whittaker and others, 17 L. J. (N. S.) M. Č. 127; 11 Law T. 310; Reg. v. Vezzell, 20 L. J. (N. S.) M. C. 192; Reg. v. Wood, 25 L. J. (N. S.) M. C. 96; 1 Dears. & Bell's C. C. 1). 71 Apprehension of Offenders without Warrant.] Note 78, to tit. "Larceny," post, is applicable here. 272 No. 261, Assizes (5 & 6 Vict. Discretionary. Pen. serv. life-5 yrs. ; P. 562. c. 38). Yes. -or impr. not exc. 2 an indictment cannot be preferred for "keeping a gambling house" without a previous 72" GAMING HOUSES:" Prosecution.] By 22 & 23 Vict. c. 17, ante, pp. 876, 877, inquiry before justices, or the order of a judge, &c. 73 GUNPOWDER: Vict. c. 97, see Note 90, to tit. "Malicious Injuries," post. Apprehension of Offenders without Warrant.] Under 24 & 25 74 Search Warrant for Gunpowder, &c.] By 24 & 25 Vict. c. 100, s. 65, and 24 & 25 Vict. c. 97, mentioned in these offences is suspected to be made, &c., on cause assigned upon oath, may grant a warrant for searching in the daytime any house, mill, magazine, store OFFENCE. HORSES, Stealing or killing. See tit. "Cattle." HOUSEBREAKING (Note 75). Class of Offence Statute or Authority. 8.55. 277. Whosoever shall break and enter any building, and com- F. 24 & 25 Vict. c. 96, mit any felony therein, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof, according to the provision herein before mentioned [8. 53, Note 27, ante, p. 1047],or being in any such building shall commit any felony therein, and break out of the same. 278. Whosoever shall break and enter any dwelling-house, school-house, shop, warehouse, or counting-house, and commit any felony therein,-or, being in any dwellinghouse, school-house, shop, warehouse, or countinghouse, shall commit any felony therein, and break out of the same. 279. Whosoever shall break and enter any dwelling-house, church, chapel, meeting-house, or other place of divine, worship,- -or any building within the curtilage, schoolhouse, shop, warehouse or counting-house,—with intent to commit any felony therein. 280. Whosoever shall be found by night armed with any dangerous or offensive weapon or instrument whatsoever with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein, or 281. Shall be found by night* having in his possessiont without lawful excuse (the proof of which excuse shall lie on such person) any picklock key, crow, jack, bit, or other implement of housebreaking [not necessarily with the intent to commit a felony, see Reg. v. Bailey, 1 Dears. C. C. 244; 23 L J. (N. S.) M. C. 13], or 282. Shall be found by night* having his face blackened or otherwise disguised with intent to commit any felony, or 283. Shall be found by night in any dwelling-house or other building whatsoever with intent to commit any felony therein. 284. Whosoever shall be convicted of any such misdemeanor as in the last preceding section mentioned, committed after a previous conviction, either for felony or such misde meanor. [Stealing in a dwelling-house, see Offence 317, tit. "Lar- F. Id. s. 56. F. Id. s. 57. M. Id. s. 58. [See Note 76 as to supervision of police.] M. Id. s. 59. house, &c., or carriage, boat, &c., where the same is suspected to be made, kept or carried "for the purpose of being used in committing any of the felonies" in these acts mentioned, and to seize the same with the barrels, &c.; persons executing such warrant having the same powers as are given to persons by the Gunpowder Act, 23 & 24 Vict. c. 139. Vide Forms of the Information and Search Warrant, Oke's "Formu list," 6th ed. Nos. 259, 260, p. 561. The same (s. 56). Pen. serv. 7-5 yrs. ;- Pen. serv. 5 yrs. ;-or may, instead, be dealt +[The possession of one Pen. serv. 10-5 yrs. ; Yes Yes. Yes. (s. 121). Id. 75"HOUSEBREAKING:" Apprehension of Offenders without Warrant-Restitution of Property-Building within Curtilage.] Note 78, to tit. "Larceny," post, is applicable here; see also Note 27, ante, p. 1047, as to building within the curtilage. 76 Police Supervision of Offenders committing Offences 280-283.] By the "Prevention of Crimes Act, 1871," 34 & 35 Vict. c. 112, s. 8 (set out ante, p. 1009), persons convicted of "any misdemeanor under the 58th section of the act 24 & 25 Vict. c. 96" |