own dwelling-house, situate and being at, &c. against the form of the statute, &c. and agaisnt the peace, &c. (Eleventh 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). 178. For administering drugs to a woman quick with child, with intent to procure abortion (q). That A. B. late of, &c. labourer, on, &c. and on divers other days and times between that day and the day of 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, &c. 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 others, all convicted. (9) Upon the same stat. see p. 554. (r) The name of the drug is not material, see 3 Camp..75. R. v. Goldsmith, and supra, p. 85. prevent passengers from passing by without paying the toll, laid and directed to be paid, by an act of parliament year of the reign of , entitied, made in the “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. s. 42. it is enacted, that if any person or persons whatever shall, either by day or night, wilfully or maliciously pull down, pluck up, throw down, level, or otherwise destroy, any turnpike-gate or turnpikegates, or any post or posts, rail or rails, wall or walls, or Lay chain, bar, or other fence or fences belonging to any turnpike-gate, or any other chain, bar, or fence, of any kind whatsoever, set up or erected, or hereafter to be set up or erected, to prevent passengers from passing by without paying any toll, laid or directed to be paid, by any act or acts of parliament made for that purpose; or any house or houses erected, or to be erected, for the use of any such turnpike-gate or turnpike-gates; or any crane, machine, or engine made or erected, or to be made or erected, on any turnpike-road by authority of parliament, for weigh ing waggons, carts, or car riages; or shall forcibly rescue any person or persons, being lawfully in custody of any of ficer or other person for any of the offences before mentioned; that then, and in any of the said cases, every person so of fending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be transported to one of his majesty's plantations abroad for seven years, or shall be committed to prison for any time not exceeding three years, at the discretion of the judge or court before whom such offender shall be tried; and any dictment for such offences shall and may be inquired of, examined, tried, and determined in any adjacent county within that part of Great Britain called England, in such manner and form as if the facts had been therein committed. in (t) By stat. 4 G. 3. c. 37. s. 16. if any person shall, by day or by night, break into any house, shop, cellar, vault, or shop, &c. as the case may be,) of one C. D. there situate, then and there feloniously and by force did break and or other place or building, or by force enter into any house, &c. with intent to steal, cut, or destroy any linen, yarn, or any linen cloth, or any manufacture of linen yarn belonging to any manufactory, or the looms, tools, or implements used therein, or shall wilfully or maliciously cut in pieces or destroy any such goods, either when exposed to bleach or dry, shall be guilty of felony without benefit of clergy. By st. 22 G. 3. c. 40. s. 1. if any person shall, by day or by night, break into any house shop, or enter by force into any house or shop, with intent to cut or destroy any serge or other woollen goods in the loom, or any tools employed in the making thereof; or shall wilfully and maliciously cut or destroy any such serges or woollen goods in the loom, or on the rack; or shall burn, cut, or destroy any rack on which any such serges or other woollen goods are hanged in order to dry; or shall wilfully and maliciously break or destroy any tools used in the making any such serges or other woollen goods, not having the consent of the owner so to do, every such offender, being thereof lawfully convicted, shall be guilty of felony, with out benefit of clergy. Sec. 2. enacts to the same effect as to silk goods, or tools used in the manufacturing thereof. Sec. 3. enacts the like as to linen and cotton manufactures, &c. Sec. 4. repeals the seventh clause of 12 Geo. I. c. 34. which was similar to the 1st section above set forth, the legislature deeming it expedient to include those several offences in one act. The eighth clause of 12 G. 1. extends it to combers and frame-work knitters. By 28 G. 3. c. 55. if any person shall, by day or by night, enter by force into any house, shop, or place, with an intent to cut or destroy any frame-work, knitted pieces, stockings, or other articles being in the frame, or upon any machine or engine thereto annexed, or therewith to be used or prepared for that purpose; or shall wilfully cut or destroy any frame-work, knitted pieces, stockings, or other articles in the frame, or upon the machine or engine, or prepared for that purpose, or shall wilfully break, destroy, or damage any frame, machine, engine, tool, instrument, or utensil, used in making such frame-work, knitted pieces, stockings, or other articles or goods in the hosiery or framework knitted manufactory, not having the consent of the owner so to do; or break or destroy any machinery contained in any mill used in preparing or spinning of wool or 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 goods, according to the fact, using the language of the particular sta tute proceeded on,) belonging to him the said C. D. in the said dwelling-house then and there being, against the form, &c. and against the peace, &c. ing frames, every offender thereof convicted, shall be guilty of felony, and transport ed for not exceeding 14 years nor less than seven years. The stat. 52 G. 3. c. 16. reciting that the stat. 28 G. 3. c. 55. has not proved effectual, enacts, that if any person or persons shall, by day or by night, enter by force into any house, shop, or place, with an intent to cut and destroy any frame-work, knitted pieces, stockings, or lace, or other articles or goods being in the frame, or upon any machine or engine thereto annexed, or therewith to be used or prepared for that purpose; or with an intent to break or destroy any frame, machine, engine, tool, instrument, or utensil used in and for the working and making of any such framework, knitted pieces, stockings, lace, or other articles or goods in the hosiery or framework knitted manufactory; or shall wilfully and maliciously, and without having the consent or authority of the owner, destroy or cut, with an intent to destroy or render useless, any frame-work, knitted pieces, stockings, lace, or other articles or goods being in the frame, or upon any machine or engine as aforesaid, or prepared for that purpose; or shall wilfully and maliciously, and without having the consent or authority of the owner, break, destroy, or damage, with an intent to destroy or render useless, any frame, machine, engine, tool, instrument, or utensil used in and for the working and making of any such frame-work, knitted pieces, stockings, lace, or other articles or goods in the hosiery or frame-work, knitted stocking, or frame work lace manufactory, or shall wilfully and maliciously, and without having the consent or authority of the owner, break or destroy any machinery contained in any mill or mills used, or any way employed in preparing or spinning of wool or cotton, or other materials, for the use of the stocking or lace manufactory, every offender being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.-To continue in force till the 1st day of March, 1814. (2nd count, for an actual destruction. commencement as in pr. 5.) 50 yards of woollen serge of the value of 1. of the goods and chattels of the said C. D. in a certain loom used in the making 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 (b). (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 (b) By stat. 30 G. 2. c. 24*. s. 1. all persons who shall, after the 29th of September, 1767, knowingly send or deliver any letter or writing, with or without a name or names subscribed thereto, or signed with a fictitious name or names letter or letters, threatening to accuse any person of any crime punishable by law with death, transportation, pillory, or any other infamous punishment, with a view or intent to extort or gain money, goods, wares, or merchandizes from the person or persons so threatened to be accused, shall be deemed offenders against the law and the public peace, and the court before whom such offender or offenders shall be tried, shall, in case he, she, or they be convicted of any of the said offences, order such offender or offenders to be fined and imprisoned, or to be put in the pillory or publicly whipped, or to be transported as soon as they conveniently may be, (according to the laws made for the transportation of felons,) to some of his majesty's colonies or plantations in America, for the term of seven years, as the court shall think fit to order. *This statute does not operate to the repeal of the stat. 9 G. 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. |