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Discretionary. Pen. serv. 5 years ;- Yes (24 &

or impr. not exc. 2 25 Vict. c. years, with or with- 96, s. 121; out h. 1. and 8. C. (24 14 & 15 & 25 Vict. c. 96, Vict. c.55, 8. 88).

983). Compulsory. Fine, or imprisonment, No.

ante, p.

271' No. 258,

or both.

p. 661.

Sessions.

rele!

Esre sex

commenced within twelve calendar months (sect. 4). The laying the information or spprehending 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, e. 69, s. 12, to be from the expiration of the first hour after sunset until the beginning of the last hour before sunrise ; and "

game to be “hares, pheasants, partridges, Touse, 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; 4 Law T., N.

70 Decisions on Offence 268.] It is not essential that all the prisoners charged should

8. 286.

1, also

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GOVERNMENT. Offences against, see tits." Arms,” “Arson,
“ Coin,
Escape, &c.,"

Foreign Service," "Naval
Discipline, “Oaths (Unlawful),” “Public Service,"

“Queen," “ Treason.'
GRANARY. Destroying and taking grain therefrom, see 36

Geo. 3, c. 9, ss. 1, 2; and see tit. “Riots." GUNPOWDER (Notes 73, 74). 272. Whosoever shall unlawfully and maliciously, by the ex- F. 24 & 25 Vict. c. 97, plosion of gunpowder or other explosive substance,

8. 9.
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 F. Id. s. 10.

throw in, into, upon, under, against or near any build-
ing 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 F. Id. s. 45.

in, into, upon, against or near any ship or vessel any
gunpowder or other explosive substance, with intent to
destroy or damage any ship or vessel, or any machinery,
working tools, goods or chattels, whether or not any ex-
plosion takes place, and whether or not any injury be
effected.

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275. Whosoever shall make or manufacture, —or knowingly M. Id. s. 54.

have in his possession,--any gunpowder or other explo-
sive 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 pur-
pose of enabling any other person to commit, any of the

felonies in this act mentioned. 276. Whosoever shall knowingly have in his possession, -or M. 24 & 25 Vict. c. 100,

make or manufacture, -any gunpowder, explosive sub-
stance 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 per-

son to commit, any of the felonies in this act mentioned. HOPBINDS. See Offence 349, tit. “Malicious Injuries."

8. 64.

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. Uezzell, 20 L. J. (N. S.) M. C. 192; Reg. ì. 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.

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Page, &c.

of Formulist.

Where triable.

As to Bail.

Punishment.

If Costs of Prosecution

allowed.

Statuten

Yes.

F. 94&5 Tis:

272 No: 261, Assizes (5 & 6 Vict. Discretionary. Pen. serv. life—5 yrs.;
P. 562.
c. 38).

-or impr. not exc. 2
yrs., with or without
h. 1., 8. c. and, if a
male under 16, w.
(s. 9).

273 No. 262,

F.IL

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p. 562.

Pen. Serv. 14—5 yrs. ;

-or impr. not exc. 2
yrs., with or without
h. 1., 8. c. and, if a
male under 16, w. (s.
10).

274 No. 263,

Id.

Id.

The same (s. 45).

F. ILSA

Yes.

P. 562.

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72 “ GAMING HOUSES: " Prosecution.] By 22 & 23 Vict. c. 17, ante, pp. 876, 877, inquiry before justices, or the order of a judge, &c.

Warrant.] Under 24 & 25 Vict. c. 97, see Note 90, to bites... Malicious

Injuries," post, 74 Search Warrant for Gunpowder, &c.] By 24 & 25 Vict. c. 100, s. 65, and 24 & 25

, 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

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8. 55.

HOUSEBREAKING (Note 75).
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 (s. 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, F. Id. s. 56.

school-house, shop, warehouse, or counting-house, and
commit any felony therein,-or, being in any dwelling-
house, school-house, shop, warehouse, or counting-
house, shall commit any felony therein, and break out

of the same.
279. Whosoever shall break and enter any dwelling-house, F. Id. s. 57.

church, chapel, meeting-house, or other place of divine
worship,-or any building within the curtilage, school-
house, shop, warehouse or counting-house, -with intent

to commit any felony therein.
280. Whosoever shall be found by night* armed with any M. Id. 8. 58.

dangerous or offensive weapon or instrument whatsoever
with intent to break or enter into any dwelling-house or [See Note 76 as to
other building whatsoever, and to commit any felony supervision of police.]

therein,
281. Shall be found by night* having in his possessiont with-

out 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 in-
tent to commit a felony, see Reg. v. Bailey, i Dears. C. C.

244 ; 23 L J. (N. S.) M. C. 13],
282. Shall be found by night* having his face blackened or

otherwise disguised with intent to commit any felony, 283. Shall be found by night* in any dwelling-house or other

building whatsoever with intent to commit any felony
therein.

or

or

or

meanor.

284. Whosoever shall be convicted of any such misdemeanor as M. Id. 8. 59.

in the last preceding section mentioned, committed after
a previous conviction, either for felony or such misde-
[Stealing in a dwelling-house, see Offence 317, tit. “Lar-

ceny;" and see tit. "Burglary."] 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 “ Formeilist," 6th ed. Nos. 259, 260, p. 561.

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F.

Nos. 268, 269,

Id.

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Yes

P. 563.

The same (s. 56).
[MEM. This offence ex-

tends also to buildings
within the curtilage,
8. 53, Note 27, ante,
p. 1047.]

279 No. 270,

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p. 563.

Pen. serv. 7-5 yrs. ;-)

or impr. not exc. 2
yrs., with or without
h. 1. and s. c. (s. 57).

280 1 No. 271,

I.

283

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Pen. sery. 5

yrs. ;-or

Yes. impr. not exc. 2 yrs., (s. 121). with or without h. 1. (s. 58), and sureties

for the peace (s. 117).
[MEM. The offender

may, instead, be dealt
with under the Va-
grant Act, see Offences

20—23, p. 824.]
*[See Note 27, ante, p.

1047, for definition of
“night.”']
*[The possession of one
is the possession of all
if more than one con-
cerned (R. v. Thomp-
son, 21 Law T., N. S.
397).]

284 No. 272,

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Pen. serv. 10—5 yrs. ;

-or impr. not exc. 2
yrs., with or without
h. 1. (s. 59).

75 "HOUSEBREAKING :" Apprehension of Offenders without Warrant-Restitution of ProSee also Note 27, ante, p. 1047, as to building within the curtilage.. perty- Building within Curtilage.] Note 78, to tit. “Larceny," post, is applicable here;

76 Police Supervision of Offenders committing Offences 280—283.] By the “Prevention of Crimes Act, 1871," 34 & 35 Vict. c. 112, 8. 8 (set out ante, p. 1009), persons convicted of "any misdemeanor under the 58th section of the act 24 & 25 Vict. c. 96".

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