Partners. Conviction. Words of the statute. master's business is carried on be at all times open to those parts in which the servant lives,—it may be stated as the servant's house; though the only part entered by the thief is that in which the master's business is carried on. R. v. Witt, Ry. & M. C. C. 248. Page 191. § 31.-A house, the joint property of several partners in trade, and in which their business is carried on, may be described as the dwelling-house of all the partners, though only one of them resides in it. R. v. George Athea, R. & M. C. C. 329. VII. Indictment, &c. Page 195. § 12.— Upon an indictment for burglary, charging the prisoner with stealing goods above the value of 201; it was held, that he might be convicted either of burglary, or of house-breaking, or of stealing in a dwelling-house to the value of 51. R. v. Compton and others, 3 C. & P. 418. Gaselee, J. Where an indictment for burglary, under 7 & 8 G. 4. c. 29. s. 11. charged, in one count that the prisoner "did break to get out," and in another that he "did break and get out," it was held that the indictment did not sufficiently describe the offence within the statute. R. v. John Compton, 7 C. & P. Vaughan, J. and Patteson, J. Mandamus. Stealing in a dwelling house; stealing cattle; and killing cattle. Forgery. Burial of the Dead. Page 198. Although the Court of King's Bench will grant a mandamus to compel a clergyman to bury the corpse of a parishioner, if he refuses to bury it altogether; yet they will not grant the writ to compel him to bury it in any particular part of the church-yard, although the party applying for the writ may have a private vault in such part of the church-yard. Ex parte Blackmore, 1 B. & Adol. 122. Capital Punishment. Page 201. The 2 & 3 W. 4. c. 62, repeals the punishment of death for stealing in a dwelling-house to the value of 51.;—for stealing horses or cattle ;--and for killing cattle with intent to steal:-and substitutes the punishment of transportation for life, which the judge has no discretion to mitigate. And see 3 & 4 W. 4. c. 44. s. 3. infra. The 2 & 3 W. 4. c. 123. repeals the punishment of death for forgery and uttering in all cases, except for the forging and uttering of wills, or of powers of attorney to transfer public stocks at the Bank of England, South Sea House, or Bank of Ireland, and substitutes the punishment of transportation for life, which the court has no discretion to mitigate. And see 3 & 4 W. 4. c. 44. s. 3. infra. The 3 & 4 W. 4. c. 44. repeals this punishment for breaking and entering a dwelling-house, and stealing therein;-also, in cases of principals in the second degree and accessories before the fact to felonies punishable with death under 7 & 8 G. 4. c. 29. and substitutes the punishment of transportation for life, or not less than seven years, with or without previous imprisonment and hard labour for any term not exceeding four years, -or imprisonment, with or without hard labour, for any term not exceeding four years, nor less than one year. And, by sect. 3. of the same act, persons punishable by transportation for life, under statutes 2 & 3 W. 4. c. 62 & 123. are made liable to previous imprisonment, with or without hard labour, for any term not exceeding four years, nor less than one year. The 4 & 5 W. 4. c. 67. repeals this punishment upon persons returning from transportation, and makes them and also all'aiders and abettors liable to be transported for life, with or without previous hard labour, for any term not exceeding four years. The 5 & 6 W. 4. c. 81, repeals so much of the 52 G. 3. c. 143, and 7 & 8 G. 4. c. 29, as inflicts the punishment of death for letter stealing, and other offences relating to the post-office,-and for sacrilege; and enacts that every person convicted of such offences," or of aiding, abetting, counselling, or procuring the commission thereof," shall be liable to be transported for life, or for not less than seven years, or to be imprisoned with or without hard labour for any term not exceeding four years. See Murder, XI. post. Cattle. 1. Killing or Maiming. Page 203. Setting fire to a cow-house and burning to death a cow which is What a killing. in it, is a killing of the cow within the meaning of 7 & 8 G. 4. c. 30. s. 16. R. v. Haughton, 5 C. & P. 559. Taunton, J. Page 204. § 7.-Pouring acid into the eye of a mare, and thereby What a maimblinding her, is a maiming within the 7 & 8 G. 4. c. 30. s. 17. ing. R. v. Owen Owens, Ry. & M. C. C. 205. Vide the case of R. v. Wm. Mogg, 4 C. & P. 364., for administering sulphuric acid to horses with intent to kill them. II. Cruelty to. Page 205. By 21 G. 3. c. 67. s. 1.—after reciting that the improper and Improperly cruel manner in which cattle are driven through the streets of driving them. London had occasioned great mischief, and endangered the lives of many of his majesty's subjects,-it is enacted, that if any person hired or employed to drive any cattle within London, or the bills of mortality, shall, by negligence or ill usage in driving them, be the means that any mischief shall be done by them; or if any drover shall in anywise misbehave himself in the driving, care, or management of such cattle; any constable, or peace officer, upon view thereof, or information of any person who shall declare his name Penalty on party not attending the justice; or for refusing to give his name. Execution of warrants. Limitation of prosecutions, &c. Any person wantonly and cruelly beating or otherwise illtreating any cattle, &c., or improperly driv. ing the same, whereby any mischief shall upon convic tion, be fined, and in default of payment committed to prison. Persons keep- ble to penalties. and place of abode to the officer, may seize and secure the offender, without any warrant, and convey him before some justice of the peace; who may convict him, on the oath of one witness, in a penalty, not exceeding 20s., nor less than 5s., to be paid to the prosecutor; and in default of payment, he may be committed to hard labour for not more than one month. By section 3. In case the person giving such information shall neglect or refuse to attend, without some lawful excuse to be allowed by the justice, within the space of six hours from the time of making such information; the party so offending, upon proof being made on the oath of the officer that such person had given such information, forfeits not exceeding 40s., nor less than 10s., to the officer, which may be levied by distress. By section 7. If any person apprehended for having committed any offence against the act, shall refuse to discover his name and place of abode to the justice before whom he shall be brought, he may be committed for one calendar month, or until he shall declare his name and place of abode. By section 9. Warrants may be executed on offenders, or their goods, out of the jurisdiction wherein they were granted, upon being indorsed by a justice in another jurisdiction. By section 10. Prosecutions must be commenced within fourteen days after the offence committed; by section 11., an appeal is given to the sessions; and by section 12., no order of a justice is to be quashed for want of form, nor is any proceeding removable by certiorari. By the 5 & 6 W. 4. c. 59. s. 1.; the 3 G. 4. c. 71., and 3 & 4 W. 4. c. 19. 5. 29., are repealed. By section 2. "If any person shall wantonly and cruelly beat, ill-treat, abuse, or torture any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, dog, or any other cattle or domestic animal, or if any person who shall drive any cattle or other animal shall, by negligence or ill usage in the driving thereof, be the means whereby any mischief, damage, or injury shall be done by any such cattle or other animal, every such offender, on conviction before one justice, shall forfeit and pay (over and above the amount of the damage or injury (if any) done thereby, such damage or injury to be ascertained and determined by such justice,) not exceeding 40s., nor less than 5s., with costs; or, in default of payment, be imprisoned not exceeding fourteen days; proviso that nothing in the act shall prevent or abridge any remedy by action against the employer of any such offender where the amount of the damage is not sought to be recovered by virtue of the act. By section 3." If any person shall keep or use any house, room, pit, ground, or other place for the purpose of running, baiting, or fighting any bull, bear, badger, dog, or other animal (whether of domestic or wild nature or kind,) or for cock-fighting, or in which any bull, bear, badger, dog, or other such animal shall be baited, run, or fought, every such person shall be liable to a penalty not exceeding 57., nor less than 10s., for every day in which he shall so keep and use such house, room, pit, ground, or place for any of the purposes aforesaid and the person who shall act as the manager of any such house, &c., or shall receive money for the admission of any person thereto, or who shall assist in any such baiting, &c., shall be deemed the keeper of the same for the purposes of this act, and be liable to the penalties imposed by the act. The person who shall be the manager of such house to be deemed the cient food for them. Remedy for the recovery there of. By section 4. Reciting " that great cruelties are practised by reason keeper. of keeping and detaining horses, asses, and other cattle and animals Parties imimpounded and confined without food frequently for many days;" for pounding cattle remedy it is enacted, that every person who shall impound or confine to provide suffiany cattle or animal, in any common pound, open pound, or close pound, or in any inclosed place, shall supply such horse, ass, and other cattle or animal so impounded or confined, daily with good and sufficient food for so long a time as such cattle or animal shall remain and continue so impounded or confined as aforesaid; and every person who shall supply any cattle or animal, with food as aforesaid, shall and are thereby empowered to recover from the owners of such cattle or animal not exceeding double the full value of the food so supplied to such cattle or animal as aforesaid, by proceeding before a justice of the peace, in like manner as any penalty or damage may be recovered under the act, and which value of the food so supplied, such justice is empowered to ascertain, determine, and enforce as aforesaid; and every person who shall have so supplied such food as aforesaid shall be at liberty, if he shall so think fit, instead of proceeding for the recovery of the value thereof as last aforesaid, after the expiration of seven clear days from the time of impounding the same, to sell any such cattle or animal, openly at any public market (after having given three days public printed notice thereof) for the most money that can be then got for the same, and to apply the produce in discharge of the value of such food so supplied as aforesaid, and the expenses of and attending such sale, rendering the overplus (if any) to the owner of such cattle or animal. By section 5. In case any cattle or animal shall at any time so remain impounded or confined as aforesaid without sufficient daily food or nourishment more than twenty-four hours, it shall be lawful for any person from time to time and as often as shall be necessary to enter into and upon any common, open or close pound, or other inclosed place in which any such cattle or animal shall be so impounded or confined, and to supply such cattle or animal with such good and sufficient food and nourishment during so long as such cattle or animal shall so remain and continne impounded or confined as aforesaid, without being liable to any action of trespass or other proceeding by any person or persons whomsoever for or by any reason of such entry or entries for the purposes aforesaid. Persons may enter pounds for the of purpose feeding cattle. By section 6. In case any such person who shall so impound Penalty on paror confine, or cause to be impounded or confined, any cattle or ties neglecting animal, shall refuse or neglect to provide, and supply daily good and to feed impounded cattle. sufficient food and nourishment to such cattle and animal, he and they shall for every day during which he or they shall so refuse or neglect, forfeit and pay the sum of 5s.; to be recoverable before one justice of the peace in like manner as therein-before provided for the recovery of any penalty, forfeiture, damage, or injury as thereinbefore mentioned. By section 7. Reciting "that great cruelty is practised by reason of diseased, old, and worn-out horses sold or taken to knackers or Penalties on slaughtering horses, &c., without a licence. Horses to be slaughtered within three days after purchase, and in the meantime to be provided with food. Any constable, peace officer, or owner of cattle, may seize offenders. As to names of offenders. Limitation as to summary proceedings. slaughtermen for the purpose of slaughter, being frequently resold or compelled to work, or kept without sufficient food;" for remedy whereof it is further enacted, that if any person keeping or using any house or place for the purpose of slaughtering or killing any horse or cattle (which shall not be for butcher's meat) shall at any time hereafter slaughter or kill any horse or cattle (not being for butcher's meat) without having previously taken out a licence for that purpose, and without having previously affixed over the outer gate or entrance from the public highway to said licensed premises the board and inscription in manner and form prescribed according to the provisions of the 26 G. 3. c. 71., every such person shall for every such offence forfeit and pay not exceeding 57., nor less than 10s., or be liable to such punishment as in the said act is provided. By section 8. Every person so keeping or using any house or place for the purpose of slaughtering or killing horses or other cattle shall kill and slaughter every such horse or cattle within three days next after the same shall have been purchased by or brought and delivered to him, or any person in his service or employ, for the purposes aforesaid, and shall also in the meantime, and until slaughtered, find and provide such horse or other cattle with good and sufficient daily food and nourishment, and shall also, at the time of receiving such horse or cattle for the purposes aforesaid, enter in the book which by the said act of 26 G. 3. c. 71., is required to be kept by such person, a correct description of the colour and gender of the horse so purchased by or delivered to him for the purposes aforesaid, with the date of receiving the same; and if any such horse or other cattle so received for the purpose aforesaid shall be employed in any manner of work, or shall not be supplied with good and sufficient food during the time he shall survive, every such person so receiving every such horse or other cattle shall for each and every such offence forfeit and pay not exceeding 40s., nor less than 5s., for every day on which such offence shall be committed or continued. By section 9. "For the more easy and effectual apprehension of all offenders against the act, it is further enacted, that when and so often as any of the said offences shall happen, any constable or other peace officer, or the owner of any such cattle or animal, upon view thereof, or upon the information of any other person (who shall declare his, her, or their name or names and place or places of abode to the said constable or other peace officer,) may seize and secure, and without any warrant convey any such offender before any justice of the peace, to be dealt with according to law, and such justice shall examine witnesses upon oath. By section 10. If any person who shall be apprehended for having committed any offence against that act shall refuse to discover his name and place of abode to the justice before whom he shall be brought, such person refusing shall immediately be delivered over to a constable or other peace officer, and shall by him be conveyed to the common gaol or house of correction, there to remain not exceeding one calendar month, or until he shall make known his name, &c. By section 11. The prosecution of every offence punishable under that act shall be commenced within three calendar months next after the commission of the offence, and not otherwise; and the evidence of the party complaining shall be admitted in proof of the offence, and also the evidence of any overseer or inhabitant of the parish in |