Bill, stealing, 287, (7 & 8 G. 4, c. 29,)—See “Larceny” –
what a bill of exchange within the act, 289, 290.
Birds, not the subject of larceny at common law, stealing,
368; punishment, 369, 370; persons found in pos-
session of them, knowing them to have been stolen,
punishment, 370; conviction, 370, 371.
Black Cawke-See " Mines."
Black Lead-See "Mines."
Boat-See "Ship."
Bond, stealing, 287-See "Larceny."
Brass-See "Fixtures."
Breach of trust-See "Agent"-" Factor.”
Breaking and entering a church or chapel, and stealing
therein, punishment, 303, (7 & 8 G. 4, c. 29 ;) in-
dictment, 303; evidence, 304; stealing in a church
or chapel, and then breaking out, punishment, 303;
indictment, 305; evidence, 305, 306.
Breaking and entering a dwelling-house, &c.-See " Bur-
glary"-"Counting-house". -"House"-
'—" Shop❞—
"Warehouse."
Broker-See "Agent."
Bull-See" Cattle."
Burglary, punishment, 306, (7 & 8 G. 4, c. 29 ;) indictment,
306; evidence, 307-317; of a breaking, 307, and
entering, 309, the dwelling-house, 310; what a
dwelling-house, 310, 320; of whom, 312-316, and
where situate, 316; the felonious intent, or felony
committed, how proved, 317; entering a dwelling-
house with intent to commit a felony, or being in a
dwelling-house and committing a felony therein, and
then breaking out in the night-time, punishment,
306; indictment, 318; evidence, 319.
Canal, stealing from a boat &c. on, punishment, 332-See
Larceny"-" Ship."
Cannel coal, stealing from mines, 381-See "Mines.”
Carrier, larceny by, 279; by a carrier's servant, 280.
Cattle (horse, mare, gelding, colt, filly, bull, cow, ox, heifer,
calf, ram, ewe, sheep, or lamb) stealing, punishment,
349 & n. (7 & 8 G. 4, c. 29 ;) indictment, 350;
evidence, 350; killing them, with intent to steal the
carcase, &c., punishment, 349 & n. ; indictment,
351; evidence, 352.
Certiorari to remove an indictment may issue as well before
as after the indictment found, 9.
Challenge of jurors, beyond the legal number, void, and the
trial may proceed, 260. (7 & 8 G. 4, c. 28.)
Chapel, breaking and entering, and stealing therein, punish-
ment, 303, (7 & 8 G. 4, c. 29 ;) indictment, 303;
evidence, 304; stealing in such chapel, and then
breaking out, punishment, 303; indictment, 305;
evidence, 305, 306; dissenting chapels not within
this act, 304.
Church, breaking and entering, and stealing therein, punish-
ment, 303, (7 & 8 G. 4, c. 29;) indictment, 303;
evidence, 304; stealing in it, and then breaking out,
punishment, 303; indictment, 305; evidence, 305,
Cinque Ports: Boundaries of the jurisdiction of the Lord
Warden, 70; manner of issuing commissions to the
Cinque Ports, for the trial of offences under stat. 28
H. 8, c. 15, p. 68; reservation of the rights of the
Admiralty Court, and of the Admiralty of the Cinque
Ports, 70.
Cutting away or defacing anchors, cables, buoy
ropes, &c. of ships within the Cinque Ports, felony,
transportation, 65, (1 & 2 G. 4, c. 76;) anchors, &c.
found within the jurisdiction to be deposited in cer-
tain places; persons having them in possession shall
be adjudged guilty of receiving stolen goods, 65; all
wrecked merchandize and ships' stores to be also
deposited in like manner, 66; persons selling them
or defacing their marks guilty of felony, 67; pur-
chasers and receivers of such ships' stores, merchan-
dize, &c. punishable as receivers of stolen goods, 67.
Clergy, benefit of: Persons convicted of clergyable felonies,
enduring the punishment adjudged, such punishment
to have the same effect as burning in the hand, 178,
(6 G. 4, c. 25;) clerks in orders liable to punish-
ment in like manner as if not in orders, 179; benefit
of clergy not to render the party dispunishable for
other felonies, 180; felons excluded from clergy, so
excluded whether convicted by verdict, confession, or
standing mute, &c., 199, 200, (7 G. 4, c. 64';) or
felons within clergy, allowed the benefit of clergy,
whether convicted by verdict, confession, or standing
mute, &c., 200, 201; but the benefit of clergy is now
altogether abolished, 261. (7 & 8 G. 4, c. 28.)
Clerks, larceny by, punishment, 407, (7 & 8 G. 4, c. 29;)
indictment, 407; evidence, 408; embezzlement by,
punishment, 409; indictment, 410; evidence, 413;
who, a clerk in embezzlement, 413.
Coach-See" Stage-Coach"-" Venue."
Coal, stealing from mines, 381-See “Mines.”
Codicil-See "Will."
Colt-See "Cattle."
Commitment, by justices in an exclusive jurisdiction, 42.
Commitment, in default of distress, 112, 113-See "Convic-
tion"-" Summary Proceedings."
Concealing a will, &c., 345—See "Will."
Conditional pardon-See "Pardon.”
Confession or examination of prisoner in what cases it may
be given in evidence against him, 192; in what cases
not, if obtained by threat or promise, 192-194; dis-
coveries in consequence of such confession, admissible
in evidence, 194-196.
Confession of principal not admissible against the receiver,
436.
Conies, killing or taking them in a warren in the night-time
(except within a furlong of a river or sea-bank), pu-
nishment, 365, (7 & 8 G. 4, c. 29;) indictment,
366; evidence, 366; the like, in the day-time, 365;
conviction, 367; setting or using any snare or engine
for taking them, punishment, 365; conviction, 368.
Conservatory- See "Plants."
Constables may execute warrants out of their precincts, pro-
vided it be within the jurisdiction of the justices
granting or backing the same, 114.
Construction, general rule of, for all criminal statutes, 267.
Constructive taking in larceny, 271–275.
Conveyance-See "Deed."
Conviction, general form of, in cases where no particular
form is provided by statute, 75, (3 G. 4, c. 23;)
form, where the defendant appears and pleads not
guilty, or refuses to make a defence, 77; where the
defendant appears and confesses, 79; where the de-
fendant does not appear, 79; convictions not to be
set aside for defects of form, where the merits have
been tried, 30.
Payment of penalty, how enforced: Where a pe-
nalty is directed to be recovered before a justice, on de-
fault of payment the offender's goods may be distrained
for it, 108, (5 G. 4, c. 18;) and in default of suffi
cient distress, the offender may be committed, and he
may be committed until the return of the warrant of
distress, unless he give security, 108, 109; form of the
warrant of distress, 110; constable's return thereto,
111; form of commitment in default of distress, 111;
where penalties are directed to be recovered by dis-
tress, but no remedy provided where sufficient distress
cannot be found, justices may commit the offender,
112; if offender after committal shall pay the penalty
&c., he shall forthwith be discharged, 113; justices
may commit without issuing a warrant of distress, in
certain cases, 113, with the consent of the party,
114; constables may execute warrants out of their
precincts, provided it be within the jurisdiction of
the justice granting or backing the same, 114.
Costs of prosecutor and witnesses in cases of felony, 212,
(7 G. 4, c.64;) and of persons attending on recognizance
or subpoena, where no bill is preferred or found, 213.
Costs of prosecutor and witnesses in cases of misdemeanor,
when bound by recognizance or subpoena, in the fol-
lowing cases-Assault with intent to commit a
felony, attempt to commit a felony, riot, misdemea-
nor in receiving stolen property, assault on peace
officers, of neglect or breach of duty as peace officers,
assault in pursuance of conspiracy to raise wages, ob-
taining goods by false pretences, indecent exposure of
the person, perjury or subornation, 214, (7 G. 4, c. 64;)
order for payment of these costs, to be made out by
the clerk of assize &c., and paid by the county trea-
surer, 215; how paid in places not contributing to
the county rate, 216; quarter sessions to make regu-
lations as to costs, 217; costs in prosecutions in the
Court of Admiralty, 218; courts may order compen-
sation to those who have been active in the apprehen-
sion of persons charged with murder, shooting, stab-
bing, &c., administering drugs to procure miscarriage,
burglary, housebreaking, robbery, arson, cattle steal-
ing, and receiving stolen property, 218, 219; costs
of apprehension to be paid by the sheriff, and repaid
by the treasury, 220; if any man is killed in attempt-
ing to take certain offenders, the court may order
compensation to his family, 220.
Costs of prosecution, by whom paid, where the offender
is committed from an exclusive jurisdiction to be
tried at the assizes, 43.
Costs in prosecutions for nuisance by steam-engines, 63.
Cotton goods, in process of manufacture, stealing, punish-
ment, 331; indictment, 331; evidence, 331, 332-
See "Larceny."
Counting-house, breaking and entering, and stealing therein,
punishment, 329; indictment, 330; evidence, 330-
See "Larceny."
County, property belonging to, may be described in an in-
dictment as the property of the inhabitants of the
county, 207, 284.
Courts of justice, proceedings of, stealing &c., 342—344—
See "Records.”
Cruelty to animals: Wantonly and cruelly beating and ill-
treating cattle, punishment, 82, (3 G. 4, c. 71;) form
of conviction, 84, 85; justices may order costs to
persons vexatiously complained against, 85; com-
plaint to be made within ten days, 84; proceedings
not to be quashed for want of form, nor to be removed
by certiorari, 84; action for anything done under this
act, plea, costs, &c., 86.
Debenture, stealing, 287-See "Larceny."
Deed for payment of money, stealing, 287-See "Larceny"
-stealing writings which are evidence of title to real
estate, punishment, 347; indictment, 348; evidence,
348, 349.
Deer: Coursing, hunting, snaring, carrying away, killing,
wounding, or attempting to kill or wound deer kept
in a forest or inclosed land, punishment, 353, (7 &
8 G. 4, c. 29, s. 26;) indictment, 354; evidence,
354; the like, in uninclosed land, punishment, 353;
conviction, 354; indictment for a second offence,
355; evidence, 356; suspected persons found in
possession of venison, or any snare or engine for tak-
ing deer, under a search warrant, and not satisfac-
torily accounting for it, punishment, 356; search
warrant, 357; conviction, 358; or if the party be
not liable to conviction, how justices are then to pro-
ceed, 357; summons for persons through whose hands
such deer may have passed, 359; conviction there-
upon, 360; setting snares or engines for taking deer,
or breaking down the fences of land where deer are
kept, punishment, 360; conviction for setting a snare
&c., 361; conviction for destroying the fences of land
where deer is kept, 362; deer-keepers &c. may seize
the guns &c. of offenders, who on demand do not de-
liver up the same, 362; resisting keepers in doing so
&c., punishment, 363; indictment, 363; evidence,
365.
Demanding money &c. with menaces or by force, with intent
to steal it, punishment, 290, (7 & 8 G. 4, c. 29 ;)
indictment, 297; evidence, 298.
Destroying a will, 345-See "Will."
Distress, warrant of, upon a conviction, 108-See "Convic-
tion."
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