to the conviction of the person accused thereof, by the confident testimony, sometimes of malicious and false witnesses.-1 H. H. 635, 636. A male infant, under the age of fourteen years, is presumed by law to be incapable to commit a rape, and therefore, it seems, cannot be found guilty of it.-4 Bl. 212; 1 Hal. P. C. 631. Punishment for Rape. By the 4 & 5 Vic. c. 27, § 16, every person convicted of the crime of rape, shall suffer death as a felon. § 17. If any person shall unlawfully and carnally know and abuse any girl under the age of ten years, every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon; and if any person shall unlawfully and carnally know and abuse any girl, being above the age of ten years and under the age of twelve years, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for such term as the court shall award. In cases of rape, carnal knowledge shall be deemed complete upon. proof of penetration only. By the 6 V. c. 5, § 5, where any person shall be convicted of any assault with intent to commit rape, the court may sentence the offender to be imprisoned at hard labour in the provincial penitentiary for any term not exceeding three years, or imprisoned in any other prison for any term not exceeding two years. (See also title "Punishment.") [The common form of the commencement of an information will be found, ante p. 406.] It should state when, where, and by whom the offence was perpetrated; that the complainant resisted the force and violence, and called aloud for assistance; and that she immediately acquainted her neighbours and friends with the occurrence [as the case may be]. The depositions of other witnesses should also be taken, to confirm the testimony of the complainant. to wit. } and all Warrant to Apprehend the Party. County of, To the constable of the township of other peace officers in the said county: Forasmuch as A. B. of in the county aforesaid, labourer, hath this day been charged before me, J. P., esquire, one of her Majesty's justices of the peace for the said county, on the oath of C. D. of the township of in the said county, single woman [or otherwise, as the case may be], for that he, the said A. B., on the violently and feloniously did assault her, the said C. D., and her the said C. D. then and there violently and against her will, feloniously did ravish and carnally know: These are therefore to command you, in her Majesty's name, forthwith to apprehend and bring before me, or some day of other of her Majesty's justices of the peace in and for the said county, the body of the said A. B., to answer unto the said charge, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, at day of County of, to wit. township of gaol at in the county aforesaid, the in the year of our Lord, 18—. Commitment for a Rape. J. P. esquire, one of her Majesty's justices of the peace for the said county: to the constable of the -, in the said county, and to the keeper of the common in the said county: These are to command you, the said constable, in her Majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the body of A. B., charged this day before me, the said justice, on the oath of C. D. of for that he the said A. B. on the day of ——, in the year of our Lord one thousand eight hundred and at, in the said county, violently and feloniously did assault her, the said C. D, and her the said C. D. then and there violently and feloniously and against her will, felomously did ravish and carnally know, against the form of the statute in that case made and provided; and you the said keeper are hereby required to receive the said A. B. into your custody, in the same common gaol, and him there safely to keep, until he shall be thence delivered by due course of law. Herein fail not. Given under my hand and seal, the day of Commitment for carnally knowing a girl under 10 years. day of in the year of at —, in the said our Lord one thousand eight hundred and county, feloniously did assault one C. D., a girl under the age of ten years, to wit, of the age of nine years, and her the said C. D. then and there feloniously did unlawfully and carnally know and abuse, against the form of the statute in that case made and provided; and you, the said keeper, &c. [as before, to the end.] RECEIVERS OF STOLEN GOODS. Felony.By 4 & 5 Vic. c. 25, § 46, if any person shall receive any chattel, money, valuable security, or other property whatsoever, the stealing or taking whereof shall amount to felony either at common law or by virtue of this act, such person knowing the same to have been feloniously stolen or taken, every such receiver shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact, or for a substantive felony; and in the latter case, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice; aud every such receiver, howsoever convicted, shall be liable, at the discretion of the court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or impri soned in any other prison or place of confinement for any term not exceeding two years (a); provided always that no person, however tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. Misdemeanor.-§ 47. If any person shall receive any chattel, money, valuable security or other property whatsoever, the stealing, taking, obtaining or converting whereof is made an indictable misdemeanor by this act, such person knowing the same to have been unlawfully stolen, taken, obtained or converted, every such receiver shall be guilty of a misdemeanor, or may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been convicted thereof, or shall or shall not be amenable to justice; and every such receiver shall on conviction be liable, at the discretion of the court, to be imprisoned at hard labour in the Provincial Penitentiary for any other term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years (a). Trial.-§ 48. If any person shall receive any chattel, money, valuable security or other property whatsoever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained or converted, every such person, whether charged as an accessory after the fact to the felony, or with a substantive felony, or with a misdemeanor only, may be dealt with, tried and punished in any district, county or place in which he shall have or shall have had any such property in his possession, or in any district, county or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried and punished in the district, county or place where he actually received such property. Taking Rewards.-§ 50. Every person who shall corruptly take any money or reward, directly or indirectly under pretence or on account of helping any person to any chattel, money, valuable security or other property whatsoever, which shall by any felony or misdemeanor have been stolen, taken, obtained or converted as aforesaid, shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years (a). Advertising Rewards.—§ 51. If any person shall publicly (a) See 6 V. c. 5, p. 515. " advertise a reward for the return of any property whatsoever which shall have been stolen or lost, and shall in such advertisement use any words purporting that no question will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property, or shall promise to offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of a loan upon any property stolen or lost the money so paid or advanced, or any other sum of money or reward for the return of such property, or if any person shall print or publish any such advertisement in any of the above cases, every such person shall forfeit the sum of £20 for every such offence to any person who will sue for the same by action of debt, to be recovered with full costs of suit. Second Offence.-§ 52. Where the stealing or taking of any property whatsoever is by this act punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first offence only, any person who shall receive any such property knowing the same to be unlawfully come by, shall on conviction thereof before a justice of the peace be liable, for every first, second or subsequent offence of receiving, to the same forfeiture or punishment to which a person guilty of a first, second or subsequent offence of stealing or taking such property is by this act made liable. Warrant to apprehend an Accessory after the fact for receiving stolen goods. County of to wit. } To the Constable of - and all other her Majesty's peace officers within the said county. Whereas A. B. hath this day made oath before me, S. P., Esquire, one of her Majesty's justices of the peace in and for the said county, [here state the facts set forth in the information], and also, that the said A. B. hath cause to suspect, and doth suspect, that T. T. of —, labourer, hath felonionsly bought and received the said [the property stolen] knowing the same to have been feloniously stolen. These are therefore to command you forthwith to apprehend and bring before me, at this place, the body of the said T. T., to answer to the said charge, and to be further dealt with according to law. Given under my hand and seal at day of, 18-. in the said county, this Commitment of an Accessory for receiving stolen goods, knowing the same to have been stolen.. County of to wit. To the keeper of her Majesty's gaol at. Receive into your custody, and there safely keep until delivered by due course of law, the body of T. T. herewith sent you, and charged before me, one of her Majesty's justices of the peace acting in and for the said county, on the oath of C. D. of —, with having feloniously received (describe the stolen articles), lately stolen from the dwellinghouse of the said C. D., at aforesaid, by some person or persons at present unknown, the said T. T. well knowing the said (describe the articles) to have been feloniously stolen. Given under my hand and seal at 18. Commitment of a Receiver of Stolen Goods with the Principal Felon. (Archbold.) this day of County of, J. P., esquire, one of her Majesty's justices of the to wit. peace for the said county; to the constable of -, in the said county, and to the keeper of the common gaol at ————— in the said county: day of These are to command you, the said constable, in her Majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the bodies of A. B. and L. M., charged before me, this upon the oath of C. D. and others, for that the said A. B. on the in the year of our Lord, at —————, in the said district (here state the larceny, &c., as in ordinary cases); and that he the said L. M. afterwards ataforesaid (six brass candlesticks and four pewter dishes, being parcel of), the goods and chattels above mentioned, so as aforesaid, feloniously (and burglariously) stolen, taken and carried away, feloniously did receive, he the said L. M. then well knowing the said goods and chattels (last mentioned) to have been feloniously (and burglariously) stolen, taken and carried away as aforesaid, against the form of the statute, in that case made and provided; and you, the said keeper, are hereby required to receive the said A. B. and L. M. into your custody in the same common gaol, and them there safely to keep until they shall be thence deliv. ered by due course of law. Herein fail not. Given under my hand and seal, the our lord day of -, in the year o Against the Receiver only for the Felony. at - day of (Archbold). -, in the year of our Lord in the said county, one silver tankard, of the goods and chattels of C. D., by a certain ill-disposed person, then lately before feloniously stolen, taken and carried away, of the same evil disposed person feloniously did receive, he the said A. B. well knowing the said goods and chattels to have been feloniously stolen, taken and carried away; against the form of the statute in that case made and provided; and you the said keeper, &c. (as before to the end.) RECOGNIZANCE. A recognizance is an obligation of record entered into before some magistrate or magistrates, duly authorised, with condition to appear at the sessions or assizes, or to keep the peace, &c. If a person refuse to give recognizance, he may be comnitted.—Dalt. c. 168. A recognizance must be made to the |