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own dwelling-house, situate and being at, &c. against the form of the statute, &c. and agaiste the peace, &c.

(Elerenth count.) And the jurors, &c. that the said I. M. &c. afterwards, to wit, on, &c. with force and arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously, and unlawfully, did shoot at the said I. M. against the form, &c. (p).

day of

178. For administering drugs to a woman quick with child,

with intent to procure abortion (9). That A. B. late of, &c. labourer, on, &c. and on divers other days and times between that day and the

in the year aforesaid, with force and arms, at, &c. wilfully, maliciously, and feloniously did administer to, and cause to be administered to and taken by, one C. D. single woman, then and there being, and on the said other days and times aforesaid there continuing to be, quick with child, * divers large quantities, to wit, four ounces of a noxious and destructive substance, to wit, savin (r), with intent thereby to cause and procure the miscarriage of the said C D. against the form, &c. and against the peace, &c.

179. The same, the woman not being quick with child.

Wilfully and maliciously did administer to, and cause to be administered to and taken by C. D. single woman, then and there being, and on the said other days and times aforesaid, there continuing to be with child, but not quick with child (as before from the *.)

In a second count allege the administration, fc. to C. D. not being quick with child.

180. Indictment of felony for destroying a turnpike-gate.

A certain turnpike-gate there, set up and erected to

(P) R. v. M Glead and (r) The name of the drug is others, all convicted.

not material, see 3 Camp..75. (9) Upon the same stat. see R. v. Goldsmith, and supra,

P. 554.

P. 85.

prevent passengers from passing by without paying the toll, laid and directed to be paid, by an act of parlian:ent made in the year of the reign of , entitled, “ An Act,” &c. (here set out the title of the act under which the toll is collected,) with force and arms, wiifully, maliciously, and feloniously did throw down, level, and destroy, against the form, &c. and against the peace, &c. (s).

181. Indictment for breaking into houses, shops, &c. with

intent to destroy linen goods, woollen goods, framework (t), &c. (Commencement as in pr. 1.) The dwelling-house (or

(s) By stat. 13 Geo. 3. C. 84. riages; or shall forcibly rescue 5. 42. it is enacted, that if any any person or persons, being person or persons whatever lawfully in custody of any ofshall, either by day or night, ficer or other person for any of wilfully or maliciously pull the offences before mentioned; down, pluck up, throw down, that then, and in any of the level, or otherwise destroy, any said cases, every person so ofturnpike-yate or turnpike- fending, being thereof lawfully gates, or any post or posts, convicted, shall be adjudged rail or rails, wall or walls, or guilty of felony, and shall be iny chain, bar, or other fence transported to one of his maor fences belonging to any turn- jesty's plantations abroad for pike-gate, or any other chain, seven years, or shall be combar, or fence, of any kind what- mitted to prison for any time soever, set up or erected, or not exceeding three years, at hereafter to be set up or erect the discretion of the judge or ed, to prevent passengers from court before whom such offenpassing by without paying any der shall be tried; and any intoll, laid or directed to be paid, dictment for such ottences by any act or acts of parlia- shall and may be inquired of, ment made for that purpose; examined, tried, and determinor any house or houses erected, ed in any adjacent county or to be erected, for the use of within that part of Great Briany such turnpike-gate or turn- tain called England, in such pike-gates; or any crane, ma- manner and form as if the facts chine, or engine made or erect- had been therein committed. ed, or to be made or erected, (t) By stat. 4 G. 3. c. 37. s. on any turnpike-road by au- 16. if any person shall, by day thority of parliament, for weigh- or by night, break into any ing waggons, carts, or car- house, shop, cellar, vault, or

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shop, &c. as the case may be) of one C. D. there situate, then and there feloniously and by force did break and

other place or building, or by Sec. 3. enacts the like as to force enter into any house, linen and cotton manufactures, &c, with intent to steal, cut, &c. or destroy any linen, yarn, Sec. 4. repeals the seventh or any linen cloth, or any clause of 12 Geo. 1. c. 34. manufacture of linen yarn be- which was similar to the 1st seclonging to any manufactory, tion above set forth, the legisor the looms, tools, or imple- lature deeming it expedient to ments used therein, or shall include those several offences wilfully or maliciously cut in in ove act. pieces or destroy any such The eighth clause of 12 G. goods, either when exposed to 1. extends it to combers and bleđch or dry, shall be guilty of frame-work knitters. felony without benefit of clergy. By 28 G. 3. c. 55. if any

By st. 22 G. 3. c. 40. s. I. if person shall, by day or by any person shall, by day or by night, enter by force into any night, break into any house or house, shop, or place, with an shop, or enter by force into intent to cut or destroy any any house or shop, with in- frame-work, knitted pieces, tent to cut or destroy any serge stockings, or other articles or other woollen goods in the being in the frame,or upon any loom, or any tools employed machine or engine thereto anin the making thereof; or nexed, or therewith to be used shall wilfully and maliciously or prepared for that purpose; cut or destroy any such serges or shall wilfully cut or destroy or woollen goods in the loom, any frame-work, knitted pieces, or on the rack; or shall burn, stockings, or other articles in cut, or destroy any rack on the frame, or upon the mawhich any such serges or other chine or engine, or prepared woollen goods are hanged in for that parpose, or shall wilorder to dry; or shall wilfully fully break, destroy, or daand maliciously break or de- mage any frame, machine, enstroy any tools used in the gine, tool, instrument, or utenmaking any such serges or sil, used in making such other woollen goods, not hav- frame-work, knitted pieces, ing the consent of the owner so stockings, or other articles or to do, every such offender, be- goods in the hosiery or frameing thereoflawfully convicted, work knitted manufactory, not shall be guilty of felony, with having the consent of the out benefit of clergy.

owner so to do; or break or Sec. 2. enacts to the same destroy any machinery coneffect as to silk goods, or tools tained in any mill used in preused in the manufacturing paring or spinning of wool or thereof.

cotton for the use of the stock

enter, with intent, feloniously, wilfully, and maliciously to cut and destroy a large quantity of woollen serge, then and there being in a certain loom for the making thereof, (or to cut, destroy, and break divers, to wit, two looms then and there employed in the making of woollen goo:Is, according to the fact, using the language of the particular staltute proceeded on,) belonging to him the said C. D. in the said dwelling-house theo and there being, against the form, &c. and against the peace, &c.

ing frames, every offender

offender or goods being in the frame, or thereof convicted, shall be upon any machine or en ne as guilty of felony, and transport. aforesaid, or prepared for that ed for not exceeding 14 years parpose; or shall wilfully and nor iess than seven years.

maliciously, and witnout havThe stat. 52 G. 3. c. 16. re- ing the consent or authority of citing that the stat. 28 G. 3. the owner, break, destroy, or c. 55. has not proved effectual, damage, with an intent to deenacts, that if any person or stroy or render useless, any persons shall, by day or by frame, machine, engine, tool, night, enter by force into any instrument, or utensil used in house, shop, or place, with an and for the working and makintent to cut and destroy any ing of any such frame-work, frame-work, knitted pieces, knitted pieces, stockings, lace, stockings, or lace, or other ar- or other articles or goods in the ticles or goods being in the hosiery or frame-work, knitted frame, or upon any machine or stocking, or frame work lace engine thereto annexed, or manufactory, or shall wilfully therewith to be used or pre- and maliciously, and without pared for that purpose; or with having the consent or authority an intent to break or destroy of the owner, break or destroy any frame, machine, engine, any machinery contained in tool, instrument, or utensil any mill or mills used, or any used in and for the working way employed in preparing or and making of any such frame- spinning of wool or cotton, or work, knitted pieces, stock- other materials, for the use of inys, laçe, or other articles or the stocking or lace manufacgoods in the hosiery or frame- tory, every offender being therework knitted manufactory; or of lawfully convicted, shall be shall wilfully and maliciously, adjudged guilty of felony, and and without having the consent shall suffer death as in cases of or authority of the owner, de- felony, without benefit of stroy or cut, with an intent to clergy.—To continue in force destroy or render useless, any till the 1st day of March, frame-work, knitted pieces, 1814. stockings, lace, or other articles

(2nd count, for an actual destruction. commencement as in pr. 5.) 50 yards of woollen serge of the value of of the goods and chatiels of the said C. D. in a certain loom used in the niaking of woollen serge, belonging to him the said C. D. in the said dwelling-house of him the said C. D. then and there being, feloniously, wilfully, and maliciously, and without the consent of the said C. D. the owner thereof, did cut and destroy, against the form, &c. and against the peace, &c.

182. For sending a letter threatening to charge a capital

felony (6). (Commencement as in pr. 1.) Did knowingly send to one J. W. a certain letter with the name of him the said A. B. subscribed thereto, directed to Mr. J. W. threatening to accuse the said J. W. of having maliciously hired and procured a man wilfully to burn the dwelling

(6) By stat. 30 G. 2. c. 24*. the public peace, and the s. 1. all persons who shall, af- court before whom such ofter the 29th of September, fender or offenders shall be 1767, knowingly send or deli- tried, shall, in case he, she, or ver any letter or writing, with they be convicted of any of the or without a name or pames

said offences, order such ofsubscribed thereto, or signed fender or offenders to be fined with a fictitious name or names and imprisoned, or to be put in letter or letters, threatening to the pillory or publicly whipped, accuse any person of any crime or to be transported as soon as punishable by law with death, they conveniently may be, (actransportation, pillory, or any cording to the laws made for other infamous punishment, the transportation of felons,) with a view or intent to extort to some of his majesty's coloor gain money, goods, wares, nies or plantations in America, or merchandizes from the per- for the term of seven years, as son or persons so threatened the court shall think fit to to be accused, shall be deemed order. offenders against the law and

* This statute does not operate to the repeal of the stat. 9G. 1. C. 22. for they are consistent with each other, the former applying to those cases only where an actual demand is made, the latter to those cases where no demand is made. R. v. Robinson, Leach, 892.

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