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By the 52 Geo. 3, c. 155 (E.), s. 12, "if any person or persons, at any time after the passing of this act, do and shall wilfully and maliciously and contemptuously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace by two or more credible witnesses, shall find two sureties, to be bound by recognizances in the penal sum of fifty pounds, to answer such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said quarter sessions, shall suffer the pain and penalty of forty pounds.1

Upon an indictment found at the sessions under the Toleration Act,

I Will. & M. c. 18, for disturbing a dissenting congregation, it was held that, upon conviction, each defendant was liable to the penalty of twenty pounds imposed by that statute. R. v. Hube, 5 T. R. 542; Peake, N. P. 180.

This offence may be tried at the sessions, 52 Geo. 3, c 155, s. 12, supra, or in the King's Bench, or at the assizes, if removed by certiorari from the sessions. R. v. Hube, supra; R. v. Wadley, 4 M. & S. 508.

Now, however, the 23 & 24 Vict. c. 32 (E. & L), which abolishes the jurisdiction of the ecclesiastical courts in cases of brawling, provides for the recovery in a summary manner of a penalty of not more than five pounds for any disturbance in any recognized place of worship whatsoever, whether during the celebration of divine service or not. And it seems that any disturbance of a congregation assembled according to law would be indictable at common law (1 Hawk. c. 28, s. 23; 1 Keb. 491), more particularly if arising out of any previous conspiracy for the purpose. See, moreover, 1 Grab. Crim. Law of Ireland, 294, 295.

As to assaults on clergymen, see 24 & 25 Vict. c. 100, s. 56, supra, p. 231.

1 Maliciously disturbing or interrupting a lawful assembly, such as a meeting of school directors, is indictable as a misdemeanor at common law. Campbell v. Commonwealth, 59 Pa. 8t. 266. 8.

For indictments under statutes, see Commonwealth v. Jennings, 3 Grat. (Va.) 624; Kinney B. State, 38 Ala. 224; Williams v. State, 3 Sneed, (Tenn.) 313; Wood t>. State,

II Tex. App. 318; Holling3wortht. State, 6 Sneed, (Tenn.) 518.

•DOGS. [*451

Stealing dogs. By the 24 & 25 Vict. c. 96, 8. 18, u Whosoever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be imprisoned and kept to hard labor, for any term not exceeding six months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds, as to the said justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards steal any dog, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Having possession of stolen dogs. By s. 19, "Whosoever shall unlawfully have in his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, shall, on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Taking money to restore dogs. By s. 20, "Whosoever shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any dog which shall have been stolen or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall lie liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

A dog is not a chattel within the meaning of the statute relating to obtaining property by false pretences; R. v. Robinson, 1 Bell, C. C. 34; 28 L. J., M. C. 58.

♦450] *DISTURBING PUBLIC WORSHIP.

By the 52 Geo. 3, c. 155 (E.), s. 12, "if any person or persons, at any time after the passing of this act, do and shall wilfully and maliciously and contemptuously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace by two or more credible witnesses, shall find two sureties, to be bound by recognizances in the penal sum of fifty pounds, to answer such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said quarter sessions, shall suffer the pain and penalty of forty pounds.1

Upon an indictment found at the sessions under the Toleration Act,

I Will. & M. c. 18, for disturbing a dissenting congregation, it was held that, upon conviction, each defendant was liable to the penalty of twenty pounds imposed by that statute. R. v. Hube, 5 T. R. 542; Peake, N. P. 180.

This offence may be tried at the sessions, 52 Geo. 3, c 155, s. 12, supra, or in the King's Bench, or at the assizes, if removed by certiorari from the sessions. R. v. Hube, supra; R. v. Wadley, 4 M. & S. 508.

Now, however, the 23 & 24 Vict. c. 32 (E. & L), which abolishes the jurisdiction of the ecclesiastical courts in cases of brawling, provides for the recovery in a summary manner of a penalty of not more than five pounds for any disturbance in any recognized place of worship whatsoever, whether during the celebration of divine service or not. And it seems that any disturbance of a congregation assembled according to law would be indictable at common law (1 Hawk, c. 28, s. 23; 1 Keb. 491), more particularly if arising out of any previous conspiracy for the purpose. See, moreover, 1 Gab. Crim. Law of Ireland, 294, 295.

As to assaults on clergymen, see 24 & 25 Vict. c. 100, s. 66, supra, p. 231.

1 Maliciously disturbing or interrupting a lawful assembly, such as a meeting of school directors, is indictable as a misdemeanor at common law. Campbell v. Commonwealth, 59 Pa. St. 266. S.

For indictments under statutes, see Commonwealth v. Jennings, 3 Grat. (Va.) 624; Kinney v. State, 38 Ala. 224; Williams v. State, 3 Sneed, (Tenn.) 313; Wood v. State,

II Tex. App. 318; Hollingaworth v. State, 5 Sneed, (Tenn.) 518.

»DOGS. [*451

Stealing dogs. By the 24 & 25 Vict. c. 96, s. 18, "Whosoever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be imprisoned and kept to hard labor, for any term not exceeding six months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds, as to the said justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards steal any dog, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Having possession of stolen dogs. By s. 19, "Whosoever shall unlawfully have in his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, shall, on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Taking money to restore dogs. By s. 20, "Whosoever shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any dog which shall have been stolen or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

A dog is not a chattel within the meaning of the statute relating to obtaining property by false pretences; R. v. Robinson, 1 Bell, C. C. 34; 28 L. J., M. C. 58.

*452] •DWELLING-HOUSE—OFFENCES RELATING TO.

FAOK

What building within the curtilage to be deemed part of a dwelling-
house . . . _ . 452

Breaking and entering building within the curtilage and committing

a felony ... 452

Breaking and entering a house, warehouse, etc., and committing any

felony 453

Breaking and entering a house, place of divine worship, etc., with

intent to commit felony 453

Stealing in a dwelling-house to the value of 51. ... 453

Stealing in a dweling-house with menaces ..... 453

Riotously pulling down dwelling-houses 453

Proof of the breaking and entering _ 453

premises being a dwelling-house .... 453

Proof of stealing in a dwelling-house 453

the value of the goods stolen 454

Burglary, or the offence of breaking a dwelling-house by night, has already been treated of; so also has the setting fire to a dwellinghouse, under the title Arson; the offence we are now to consider is breaking and entering a dwelling-house by day. The offence was formerly provided for by several statutes, which were repealed and consolidated by the 7 & 8 Geo. 4, c. 29. Thi& statute is also repealed, and the Act now in force is the 24 & 25 Vict. c. 96.

What building within the curtilage to be deemed part of a dwelling-house. Bv s. 53, " no building although within the same curtilage with any dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house for any of the purposes of this act, unless there shall be a communication between such building and dwelling-house, either immediate, or by means of a covered and inclosed passage leading from the one to the other."

Breaking and entering building within the* curtilage and committing a felony. By s. 55, "whosoever shall break and enter any building, and commit any felony therein, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof, according to the provisions hereinbefore mentioned, or being in any such building shall commit any felony therein, and break out of the same, sliall be guilty of felony, and lieing convicted thereof, shall be liable^ at the discretion of the court, to be kept i;i penal servitude for any term not exceeding fourteen years, and not less than three [now live}' years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement,''

♦Breaking and entering a house, warehouse, etc., and committing any felony. By/ s. 56, "whosoever shall break

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