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9 G. 4. c. 69.
7 G. 4. c. 64.
2 G. 4. c. 88.
In the Night. Misd. pun. Tr. for 14 or 7 yrs. or
With intent to murder, fel. pun. D. 9 Geo. 4.
c. 31. s. 11.
PRINCIPAL AND ACCESSARY,
Before and after the fact. 7 Geo. 4. c. 64. See
Obtaining goods, money, &c. by false pretences,
(a) So in the stat.
(b) So much of this act as relates to the offences of as
PRIVY COUNCILLORS, assaulting them. Assaulting a privy councillor was formerly a capital offence by 9 Ann. c. 16. but that stat. is repealed by the 9 Geo. 4. c. 31., and there is no specific provision made in its stead. PRIZE FIGHTS.
All who are present, assisting or in way countenancing a prize fight, are guilty of an offence. It is the duty of magistrates to cause the combatants to come before them, and compel them to enter into recognizances to keep the peace till the next assizes or sessions, and on refusing so to do to comm. them. Rex v. Billingham, 2 C. & P. 234.
Persons charged with offences punishable by sum- 7 & 8 G. 4.
mary conv. may be compelled to appear either
by summons or warrant, at the discretion of
Summary Conviction, post.
PRIZE MONEY, East India.
Making a false oath relative to East India prize 1&2 G. 4.
money belonging to soldiers and seamen in
the service of the E. I. C.
Perj. pun. as
saulting, beating, and wounding constables, &c. or other perwith intent to obstruct, resist, or prevent the apprehension or detention of a person charged with or suspected of fel. is repealed by 9 G. 4. c. 31. and the remedy in that case is provided for by that stat. s. 12. 25.
1 & 2 G. 4. c. 61.
persons guilty of perj. in England. 1 & 2
Procuring or suborning any person to swear falsely
Setting fire to any stack of pulse, corn, or grain, (a) or crops of pulse, &c. (b) fel. See Arson, p. 10, ante.
PUNISHMENT OF FELONY in General. (c)
7 & 8 G. 4. Every person conv. of fel. not punishable with D. shall be pun. in the manner prescribed by the stat. specially relating to such fel.
And every person conv. of fel. for which no pun. hath been, or hereafter may be specially provided, shall be pun. under this act, and at the disc. of the Ct. Tr. not ex. 7 yrs. or Impr. not ex. 2 yrs. ; and if a male, to be once, twice
(a) That is, corn, pulse, &c. brought home and stacked. (b) That is, when in the field.
(c) The month by the common law is but 28 days, and so in the case of inrollment of deeds, and generally in all cases where months are mentioned in a statute; but when a statute mentions a year, half year, or quarter of a year, then it is to be reckoned according to the calendar: a twelve month in the singular number, includes the whole year according to the calendar, but twelve months, six months, &c. in the plural number, are to be reckoned after the rate of 28 days to every month. 1 Inst. 135, 6. Cro. Jac. 167. 141.
or thrice pub. or priv. W. (if the Ct. thinks 7 & 8 G. 4.
c. 30. s.27.
Where any person is conv. of any indictable
Where any such person
(a) Such punishment can only be adjudged by the court, and cannot be inflicted by a J. in any case of conv.; the words of this section confine it to indictable offences, on which the party has been conv. and ordered to be Impr. as part of the punishment.
7 & 8 G. 4. c 29. s. 10.
mence at the expiration of the previous sentence of Impr. or Tr. although the aggregate term of Impr. or Tr. respectively may ex. the term for which either of those punishments could be otherwise awarded. Id.
For felony a second time.
If any person shall be conv. of any fel. not punishable with D. comm. after a previous conv. for fel. pun. on such subsequent conv. at the disc. of the Ct. Tr. for life, or not less than 7 yrs.; or Impr. not ex. 4 yrs., and if a male, to be once, twice or thrice pub. or priv. W. (if the Ct. think fit,) in add. to Impr. Id. s. 11.
What is sufficient to be stated in the ind. for fel.
after a previous conv.
It is sufficient to state that the offr. was at a certain time and place conv. of fel. without otherwise describing the previous fel. and a cert. containing the substance and effect only (omitting the formal part) of the ind. and conv. for the previous fel. purporting to be signed by the clerk of the Co. or other proper officer, and upon proof of the identity of the person of the offr., or sufficient evidence of the 1st. conv. without proof of the signature or official character of the person appearing to have signed the same. Id.