Sivut kuvina
PDF
ePub

c. 29.

c. 31.

RABBITS-continued.

Summary Conviction. 7 & 8 G. 4.

The like offence in the day time, in setting or

using therein any snare, or engine, for taking hares or conies, pen. on conv. before a J. P.

not ex. 51. Id. But not to extend to killing conies in the day

time on any sea bank, &c. in the co. of Lin

coln. Id.

RAPE. 9 G. 4. On children under 10 years of age, fel. D.

9 Geo. 4. c. 31. s. 17. See Carnal Know

ledge, p. 22, ante.
On children between 10 and 12 years

of

age, misd. pun. Impr. with or without H. L. in the com. g. or h. c. for such time as the Ct. shall award. Id. See Carnal Knowledge,

p. 22, ante. Assault, with intent to commit rape, is fel. pun.

Impr. with or without H. L. in the com. g. or h.c. not ex. 2 yrs. and the Ct. may

fine the off. and require sureties to keep the peace, if the

Ct, think fit. Id. s. 25.
RECEIVING OF STOLEN GOODS. (a)
Fel. pun. Tr. not ex. 14 nor less than 7

yrs.

S. 25.

or

(a) The law against a receiver of stolen goods.—Where the goods which he is charged with receiving have been feloniously stolen, and he has received them knowing them to have been stolen, he may be indicted for felony either for the offence itself, or as an accessary after the fact, and ii convict

RECEIVING-continued.
Impr. with or without W. in add. 7 & 8

7 & 8G.4.

c. 29.
Geo. 4. c. 29. s. 45.
Receiving anchors, &c. weighed up.
Any person purchasing or receiving anchors, ca- 2 G.4.
bles, goods or merchandize taken up or

e, 75.
weighed, swept for or taken possession of,
which may have belonged to any ship or
vessel in distress, or carried or removed
from any wreck, is to be deemed guilty of
receiving the same, knowing them to have
been stolen, or if they had been cast on
shore, pen. as for misd. at com. law, or Tr.
for 7 yrs. at the disc. of the Ct. 2 Geo. 4.

c. 75. s. 11.
Persons conveying anchors and cables abroad,

pun. Tr. Id. s. 15. See Accessaries (Receivers), p. 6, ante. The Ct. may order the expences of the prosecu

ed, he is liable to transportation. Where he is the receiver of goods or property which have been stolen, but the stealing of which is not declared to be a felony, such as plants and fruit out of a garden, under the 7 & 8 Geo. 4. c. 29, s. 42. see p. 67, ante, or property the taking of which is by this act declared to be a misd. and pun. by ind. such as factors embezzling goods entrusted to them, (under the stat. 7 & 8 Geo. 4. e. 29. s.51.) he may be ind. for a misd, and pun. by Tr.

Js. P. have juris. over receivers only, where the taking of the property, is by stat. a misd. pun. by Fine or othe , on summary conv. in such case they may conv. the receiver of a misd. and pun. him as a principal.

1

[blocks in formation]

RECEIVING, &c.—continued.

tion to be paid in the above cases. 7 Geo. 4,

c. 64. s. 23. See Expences, p. 50, ante. In cases punishable on summary conviction (a),

where the stealing or taking of any property
whatever is by this act pun. by summary
conv. either for every offence, or for the first
and second offence only, or for the first of-
fence only; any person receiving such pro-
perty shall, on conv. before a J. P. be liable,
for every first and second or subsequent off.
of receiving to the same, forf. and pun. to
which a person guilty of a first, second or
subsequent off. of stealing or taking such
property is by this act made liable. 7 & 8

Geo. 4. c. 39. s. 62.
RECOGNIZANCE.
Before a Justice of the Peace.
In every recognizance(a) entered into beforea J.P.

it shall be stated and specified, not only the
profession, art, mystery or trade of the person
entering into it, together with the christian
and surname, but the parish, township or place
of his residence; and if the place of residence
is in a city, town or borough, then the name of
the street and number of the house, (if any)

3 G. 4.

c. 46.

(a) See note, p. 142.

(b) That is to say, all recognizances which are to be returned to the G, or Q. Sess.

c. 46.

RECOGNIZANCE-continued.

in which the party resides, and whether owner 36. 4.

thereof or lodger. 3 Geo. 4. c. 46. s. 4. And the J. P. shall give the party notice ac

cording to the form set out in the statute.

Id.
All fines, forfeited recognizances, &c. set, im-

posed, lost or forfeited before a J. P. or at
q. sess. to be entered on a roll, a copy of
which is to be sent to the sheriff with writs

to levy the amount. Id. If a person gives security to the sheriff, or s. 5.

offers to appear at the next gen.or q. sess. to
abide the decision of the Ct. and pay such sum
and expences as shall be ordered, the sheriff
shall dismiss him out of custody, and in case
he does not appear, similar writs may

issue
against the sureties. Id. s. 5.
Sessions may remit forfeitures, &c. on recogni-

zances.

S. 6.

The Ct. of gen. or q. sess. may enquire into the

circumstances of the case, and at discretion
order the discharge of the whole of the for-
feited recognizance, or of money paid or to
be paid in lieu or satisfaction thereof, which
order shall be a discharge to the sheriff or

officer. Id. s. 6.
In all cases where the party shall have been

lodged in the com.g. by the sheriff, the Js. P.

H

3 G.4.

e, 46.

4 G. 3. C. 37.

RECOGNIZANCE-continued.

at gen. or q. sess. may remove the party to the custody of the sheriff, &c. or upon release of the party from the whole of the forfeited recognizance, order the party to be discharged; which is a sufficient discharge to the sheriff, &c. in passing his accounts, and the Ct. of gen. or q. sess. may award reasonable costs to be paid by either party to the

other. Id. s. 6. The Justices are to insert in any following roll,

all fines, forfeited recognizances, &c. which have not been levied, and the sheriff shall detain the writs, which are to continue in

force. 4 G. 3. c. 37. Where the sheriff goes out of office, he shall

deliver such rolls and writs to his successor,

who is to execute them. Id. In all cases where the party is in another co.

or has goods there, the sheriff, &c. is to send a warrant and a copy of the writ to the sheriff of such other co. who is to levy and make return in 30 days after the receipt of such

warrant. Id. s. 3. And the sheriffs and clerk of the peace are to

make returns to the treasury. Id. Recognizances to appear or to prosecute and

give evidence in case of fel. and misd. com. assault, articles of the peace, or to abide an

s. 3.

« EdellinenJatka »