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stealing, 310
BLASPHEMY; see also Libel."

persons convicted of, disabled to hold any office, 27
further disabilities, if a second time convicted, 28
limitation of prosecutions, ib.
offenders renouncing their opinions discharged from

penalty, ib.
alteration made in the law, by 53 Geo. 3, c. 160, 28, note
still continues to be an offence at commou law, ib.

definition of, ib.
BOND, forgery of, 210, 211
BREAKING : what, in burglary; see Burglary.

in prison-breach ; see " Prison Breach.

justices to do right to all persons without regard, 28

to certify illegal commandments, 29
to take no fee of any but the king, ib.

nor give counsel when the king is party, ib.
definition of, 29, note
another kind of, arising out of 2 Geo. 2, c. 24, ib.
at elections, 29
candidates giving or promising reward for a vote inca.

pable of serving in parliament, 30
oath to be taken by electors, if demanded, ib.
penalty for not administering it, 31
oath of returning officer, ib.
penalty of wilful perjury, 32
persons convicted of perjury, incapable of voting, ib.
persons guilty of, punishment of, ib.
prosecutions to commence within two years, ib.
definition of, 33, note
an offence at common law, ib.
courts will not interfere by information at common law

until the two years are expired, ib.
cases respecting, ib.
there must be a previous agreement to reward, to consti-

tute the offence, ib.
penalty on persons engaging to procure the election of

any one, 33
penalty on persons receiving, or engaging to give, any

office, &c., for procuring an election, 34
limitation of actions, 35
punishment of officers of the customs taking bribes, &c.,

and persons offering the same, ib.
BRIDGES, maliciously destroying, 369.

nuisances to; see“ Nuisance."
BRITISH PLATE GLASS COMPANY, forgery of their common

seal, &c., 158
stealing, or destroying their works, 377

BULLION; cheating, as to, 55
BUOYS, damaging, 378
BURIALS, forgery in register-books of, 197
BURGLARY, definition of, and punishment for, 35, 36

housebreaking, and stealing in a house, when capital,

what buildings are part of a house for capital purposes, ib.
robbery in a building, not part of the house, but within

the curtilage, ib.
robbery in a shop, warehouse, &c.
stat. 12 Anne, respecting, 36, note
cannot be committed but in a dwelling-house, or a build-

ing connected therewith, 37, note
form of the indictment

as to the hour, ib.
as to the parish, ib.
as to the property of the dwelling-house, ib. 38, note
as to the act of breaking and entering, 38, note
as to the intent, ib.
as to the commission of the subsequent felony, ib.
the only instance in which two felonies are

laid in one count
what constitutes, ib.
1. A breaking, ib.
actual, ib.
there must be some breaking, however

trifling, ib.
or constructive, ib.

instances of, ib.
2. An entry, 39, note

what amounts to, ib.
3. The mansion-house of another, ib.

must now be a dwelling-house, 40, note
casual abidance not sufficient, ib.
nor living there in the daytime, if no one sleeps

there, ib.
4. In the night, ib.
the breaking and entry need not be in the same

night, ib.
5. With intent to commit some felony, ib.

the felony must be truly laid, ib.
if the prisoner be found not guilty of the bur-

glary, but guilty of the felony, he may be

sentenced for it, ib.
housebreaking, ib.

with felonious intent, an offence under 1 Ed. 6,

c. 12, ib.
a person guilty of burglary may be indicted for
housebreaking only, and convicted, ib.

and, if the evidence fail as to the break-

BURGLARY (continued):

ing and entry, may be convicted of

larceny, ib.
stealing in a dwelling-house, 41, note

form of indictment, ib.
the goods must be under the protection of the bouse,
41, note

but need not belong to the owner of the

house, ib.
curtilage, what, ib.
indictment for stealing in any building within the

curtilage, ib.
BURNING ; see also “ Arson."

setting fire to a coal-mine, 41
destroying a ship, ib.
setting fire to a stack of corn, &c. or a crop of corn, &c.,

form of indictment, 42, note
setting fire to ships of war, or military or naval stores,

offence committed out of the realm may be indicted in

any county within the realm, 43.
BUTCHERS : killing or selling on Lord's Day, 397
CARNAL KNOWLEDGE, what necessary to constitute, 588
CARRYING AWAY, what sufficient in larceny, 331

High Treason.”
CATTLE, maiming ; see “ Malicious Injuries."

of acquittal, to be given by magistrates to a person falsely
accused of a common assault, 9

its effects, ib.
forgery of various certificates, 200, et seq.

none, upon summary convictions of common assaults by

two magistrates, 11
not allowed unless indictee become bound to pay costs,

nature of the writ, 44, note
out of what courts, and to whom, it issues, ib.
issues, as of course, at the instance of prosecutors, ib.
but, at the discretion of the court, at the suit of defend-

ants, ib.

never granted, at the suit of the defendant, to

remove an indictment from before justices
of gaol delivery, or from before the sessions
at the Old Bailey, without special cause,

45, note
unless the defendant be an officer of the crown,


CERTIORARI (continued):

at what period in the proceedings it lies, ib.
to whom it should be directed, ib.
the effect of the writ, ib.
mode of returning it, ib.
in term-time, grantable only upon motion, 46
recognizance to be given for trying the issue next assizes,

except in London and Westminster, ib.
granted without recognizance, void, 47
prosecutors to have costs in case of conviction of a de-

fendant prosecuting this writ, ib.
how grantable in vacation, ib.

in the counties palatine, ib.
on indictments for non-repair of highways, 48
may be obtained, though the parish plead not guilty,

48, note

in practice omitted, when the crown takes up

the defence of the defendant, 48, note
usual amount of, in other cases, ib.

does not limit the aniount of the costs, ib.

what entitles a prosecutor to, ib.
descends to representatives, ib.
what are reasonable, ib.

not obtained, if judgment be arrested, ib.
party prosecuting any certiorari to remove an indictment,

may find two manucaptors, &c. 49

to grand juryman, 282, note

to petty juryman, 304, note

description of, under 3 Ed. 1, c. 5, stat. West. 1, 49
interpretation of the statute, 49, 50, note
buying and selling pretended titles, punishable by for-

feiture of the lands, 51

what persons within the 32 Hen. 8, c. 9, 52
CHAPEL, breaking into, &c., 555
CHEATING ; see “ Embeszlement” and “ Gaming."

obtaining money under false pretences, a misdemeanor;

transportation, years, &c., 52
no acquittal on the ground that the case amounts to

felony, ib.
observations on this provision, ib. note
new act enlarges the 38 Hen. 8, c. 1, ib, note
essence of offence, at common law, is the injury done to

the public, 54, note
what constitute false pretences, under the statute, ib. note
cheating as to bullion, 55
by soldiers, 56

CHURCH, breaking into, &c., 555

where allowed in offences against the revenue laws, 58
felonies without benefit of clergy provided under all cir-

cumstances consequent on the indictment, ib.
felonies within benefit, do., ib.

abolished as to persons convicted of felony, 59

stealing their masters' property, 319

embezzlement by, see " Embesslement"
1. High TREASONS: high treason to counterfeit the king's

money, 59
what is “ money,ib. note
forging the coin of other realms current in this realm, 60
importing counterfeit foreign coin current in the realm, 61

mode of trial for forging coin, &c., ib.
clipping, washing, or filing of current money, whether

money of this or any other realm, 62
impairing, diminishing, and falsifying the coin of the realm
and coin current, 63

the clipping must be for gain or lucre, &c., ib.
persons guilty of clipping, &c., discovering two

or more persons guilty of the same offence,

pardoned, 64
making or mending any puncheon, counter-puncheon,

matris, stamp, dye, pattern, or mould, &c., ib.
making or mending any edger or edging tool, instrument,

or engine contrived for marking money round the

edges, &c., 65
buying or selling, hiding, or concealing, knowingly and

without lawful excuse having in custody, &c., any

such puncheon, &c., ib.
conveying out of the mint any puncheon, &c., ib.
marking the edges of counterfeit coin, ib.
colouring, gilding, &c., any coin resembling the current
coin, 66
puncheon, &c., may be seized and produced in

evidence, 66
mode of trial for offences under 8 & 9 W. 3,

c. 67, ib.

limitation of prosecutions, 68
construction of the 8 & 9 W. 3, c. 67, note, ib.
washing, gilding, or colouring the lawful silver coin called

a shilling or sixpence, with intent to make it pass for
a guinea or half-guinea, &c., 69

evidence, &c., ib.


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