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By J. T. BARBER BEAUMONT, Esq., F. A.S.
ONE OF ITS MAJESTY'S JUSTICES OF TIE PEACE FOR
MIDDLESEX AND WESTMINSTER.
(Concluded from No. XXXVI.]
OFFENCES AND CRIMES.
172. STBALING is the taking away the goods of another against his will and with a dishonest intention.
173. PILFERING. Privately stealing cultivated and Fine, or soligrowing Fruit, Vegetables, Corn, or Wood, from any unen- tary impt. colsed ground. Stealing any Dog under the value of 5s. to 4 weeks. VOL. XIX. Pam. NO. XXXVII.
SECOND COL. from any place, any Fish by angling in any private fishpond, any Game from another's ground by shooting, also stealing any part of the Furniture of a house, or any Fixtures, or any Doors, Windows, or other parts of a house or its appurtenances, or the Machinery of a manufactory not exceeding the value of 5s., to the occupation and wear of any of which the offender has been admitted as tenant, or stealing any other thing or things not exceeding 5s. in value, from any place to which the offender had at the time of the theft right of access.
169. PRIVATELY STEALING any property above the value Solitary impt. of 5s., from any place to which the offender at the time had 4 to 12 weeks, right of access. Stealing Moveables, parts of Buildings, Fixtures thereto, materials for Fencing, or any other property from any place to which the offender at the time had no right of access, whatever may be the value of the thing stolen, Stealing Fish from private fish-ponds with nets, Game from another's ground with nets or artful contrivances, Materials from any monument or structure for the accommodation or pleasure of the public, any Dog exceeding 5s. in value, Goods of any value from any man's person.
170. STEALING WITH FORCE, but without putting in fear, Solitary impt. from the person, as snatching a bundle or other thing from 4 to 24 weeks. the possessor, and running away with it; from a building, as in forcing an entrance into, and stealing goods from a building not being inhabited; also stealing a child from its parents or guardians, or stealing a heiress being under the age of discretion.
171. ROBBERY, STEALING WITH FORCE, and PUTTING Solitary impt. in fear, as in stopping a person, and by Force or Intimi- 12 to 48weeks, dation, taking away his property; or writing to or accosting ation-on se a person, and by threats, inuendo, or gestures, giving him to cond offence, understand, that unless he surrender his property, he may hard labor for expect unlawful violence, or the accusation of a crime, or to life. have his house burnt down, or his property destroyed, or to suffer some other great injury, and procuring his property by such means. Entering an inhabited house with force in the day time, and stealing goods from it.
172. BURGLARY. Entering, or being in, an inhabited Transportadwelling-house in the night time, after having entered tion, or hard by force or contrivance, and after the inmates have labor for life. retired to rest, or after the usual time of retiring to rest, with the intent to steal goods therefrom, or to commit some malicious injury therein.
SECOND COL. 173. ROBBERY or BURGLARY, or attempt to commit Death. either, accompanied by any act of cruelty, or severe personal injury to the person attacked, or to an inmate in the house unlawfully entered, or to some person attempting to apprebend the offender.
Second Division,-UNGOVERNED PASSIONS.
First Section.-LUST. 174. Lust is the indulgence of carnal passions, in a manner prejudicial to the peace and morals of society, as in
175. Having lascivious, or indecent representations, wri- Fine of solitings, or books, in possession, unless as objects of lite- tary impt. 1 to
8 weeks rary or scientific curiosity; and being, as such, carefully concealed from casual observation. 176. Lewd speaking or gesture, in the presence of any ty impt. 1 to
Fine or solitaunconsenting person.
8 weeks. 177. The exposure of lascivious or indecent acts,
Fine or solitary impt,
1 to 8 weeks. representations, writings, or books, to any unconsenting person.
178. Making, selling, or offering for sale, any las- Fine or solitary impt. civious or indecent representations, writings, or books,
1 to 8 weeks. 179. Erposure of the privy members to any unconsen
Fine or solitary impt. ting person, unless through unavoidable necessity.
2 to 12 weeks. 180. SOLICITATION of CHASTITY, is the attempt to subdue the honor of a female of good fame, under 21 years of age, by artful and persevering solicitations, and a gross manual berty with her person.
181. By a person not having any confidential re- Fine or solitary impt. lation to the female.
1 to 2 weeks. 182: By an inmute in the same house with the fe- fine or solitary impt. male, or one received in her family as her honorable 2 to 4 weeks. suitor.
183. By a person in the relation to her of kindred, Fine or solitary impt. of guardian, of instructor, of master, of servant.
4 to 8 weeks. 184. By any person on a child under the age of Fine or solitàry impt.
6 to 12 weeks.
185. SEDUCTION of CHASTITY, is thè ábasement of female honor in a virgin of good fame, by means of artful and persevering solicitations.
SECOND COL. 186. By a person not having any confidential re Fine or solitary impt. lation to the female sufferer.
1 to 8 weeks. 187. By an inmate in the same house with the sufferer, fine or solitaor one received in the family of the female, as her honorable ry impt. 2 to suitor.
12 weeks. 188. By a person in the relation to the sufferer
Fine or solitary impt. of kindred, of guardian, of instructor, of master, of 4 to 24 weeks. servant.
189. By any person on a child under the age of ten Solitary impt. 4 to 24 years.
weeks, and emasculation.
190. ADULTERY, is a carnal connerion between a man and woman (with the woman's consent) not being married together ; one at least of whom is a married
person. 191. With a married woman of previous good fame, To the mati,
fine or solitawhere no artful or persevering solicitations appear to have
ryimpt. 1 10 6 been used on the part of the man.
weeks. 192. With a married woman of previous good to the man, Fine or sofame, where such solicitations appear to have been litary impt. 2 to 12 used by him.
To the man 193. With a married woman of previous good fame, fine or solita where he stands in the relation of kindred, of guardian, of ry impţ. 4 to instructor, of master, or of servant to the woman.
24 weeks. 194. The Adultery of the wife can only be denounced at To the wothe instance of the husband; nor by him, if within one year ried, on con
man if marprevious to the time of the alleged adultery, he were him- viction of aself living in a state of open adultery; or if he have driven dultery, dissohis wife, by neglect or ill usage, to seek a shelter apart lution of marfrom him ; nor if he have deserted or have separated himself riage, forfeifrom his wife, without any just cause; nor if he have been monial rights, accessary or privy to his wife's adulterous intercourse. incapacity to
be a guardian. 195. POLYGAMY.- A person engaged in the bond of wedlock, Solitary impt. contracting and consummating another marriage.
4 to 24 weeks. 196. The officiate, who shall solemnise such Solitary impt. 4 to 24 other marriage, with knowledge of the prior and weeks, and loss of civil existing marriage.
Solitary impt. 197. INCEST. -A carnal intercourse, with the consent of the
4 to 12 weeks, female, between persons standing in the following degrees of re- transportation; lationship— Natural parent, and grand-parent, and child, the greater pegrand-child; and brother and sister.
nalty on the 198. RAPE-A man having carnal knowledge of a woman to whom he is not married, by force and against her will. 199. Of a woman of bad fame
Solitary impt. 1 10 4 weeks..
Second Cor. 200. Of a female of chaste character.
Solitary impt. 18 weeks and
emasculation. 201. SODOMY, is an unnatural carnal connexion, between man and man; or, between man or woman and brute beast. 202. If the offender be under the age of 18 Whipping and solitary impr.
12 weeks. years, If the offender be above the age of 18 years.
Solitary impt. 12 weeks, and
emasculation if a man. Second Division-UNGOVERNED PASSIONS.
Second Section-MALICB. 203. Wilful injuries committed on another, for the gratification of an evil disposition.
204. SLANDER-The publication of an imputation against an individual, of a crime or offence, falsely; or by overcharged statement, and by appealing to evil passions, rather than to reason, so as to expose him to hatred orcontempt, or to irritate or wound his feelings, whether made by an act of speech, of printing, or of selling, lending, orgiving away, and whether in direct terms, by inuendo, or by effigy, or in the presence or absence of the person or persons slandered. 205. If published without premeditation.
Fine or impt. 1 to 8 weeks. 206. If copied from an unrevoked publication upon which Fine or impt. a prosecution has not been instituted, or if instituted has 2 to 12 weeks. not produced conviction.
207. If published with premeditation, or copied from a pub- Fine or impt. lication known to have been revoked, or on which a prosecu
Ato 24 weeks. tion is pending, or bas terminated in conviction.
208. N. B. A justification may be pleaded upon proof that the imputation is true, and that the publication of it was necessary to the defence of the character or property of the accused of slander; or to the security of the public, and that the facts were not overstated, nor the evil passions of the public appealed to, rather then their reason, and that the act complained of, proceeded from well founded virtuous emotion, or just indignation, and not from evil intent, or mercenary object.
209. Slander preferred in the form of a legal charge, or incidentally made in the course of legal proceedings, is also justifiable, although the truth of the imputation be not proved; but if it appear to have been advanced maliciously or wantonly, the judges, in giving judgment, are to direct the suppression of the imputation, may award compensation to the injured party, and reprimand, fine, or suspend from bis practice in the court, any solicitor or barrister originating or publishing unmerited abuse or slander.