BUTCHER.

See "Sunday."

BUTTONS.

See "Manufactures."

BUYING OF TITLES.

Buying a disputed title to lands, with intent that the purchaser shall commence or carry on the suit, is a misdemeanor at common law. 1 Hawk, c. 86, s. 1. And by stat. 32 H. 8, c. 9, the seller shall forfeit the lands; and the purchaser the value thereof, one-half to the king, and the other to the informer, to be recovered by action, &c.

CABBAGES, STEALING.

See "Larceny."

CANAL.

See "Larceny." "Malicious Injuries."

CARNALLY KNOWING FEMALE CHILDREN.

Under ten.] "If any person shall unlawfully and carnally know and abuse any girl under the age of ten years:" felony. 9 G. 4, c. 31, s. 17; transportation for life, 4 & 5 Vict. c. 56, s. 3, although the girl consent to it. The carnal knowledge shall be deemed complete, upon proof of penetration only, without proof of emission; Id. s. 18; or, even although the emission be negatived by the evidence. R. v. Cox, Ry. & M. 337. R. v. Gammon, 5 Car. & P. 321. And any penetration, however trifling, will be sufficient to constitute the offence. R. v. Lines, 1 Car. & K. 393. In one case, indeed, Gurney B. held, that if the penetration were not sufficient to

rupture the hymen, it would not be sufficient to constitute the offence. But this has since been ruled otherwise, and that rupturing the hymen is not at all necessary to the proof of penetration. R. v. Hughes, 9 Car. & P. 752; and see R. v. M'Rue, 8 Car. & P. 641. And in R. v. Jordan et al., 9 Car. & P. 118, Williams, J. held that it was not necessary that the hymen should be ruptured, to constitute carnal knowledge of a girl.

Commitment :- On

at

feloniously did assault one C. D., a girl under the age of ten years, to wit, of the age of nine years, and her the said C. D. then and there feloniously did unlawfully and carnally know and abuse, against the form of the statute in such case made and provided. And you the said keeper, &c..

As to an assault with intent to commit this offence, see ante, p. 142, "Assault with intent to commit a felony.”

Above ten and under twelve.] "If any person shall unlawfully and carnally know and abuse any girl, being above, the age of ten years and under the age of twelve years:" misdemeanor, imprisonment, with or without hard labour, for such term as the court shall award. 9 G. 4, c. 31, s. 17. This is to be understood of cases where the girl consents to the act; if it be done without her consent, it is rape, and punishable accordingly. See R. v. Neale, 1 Car. & K. 591. Where a man was indicted for carnally knowing a girl between the ages of ten and twelve, and in other counts for an assault with intent to do so, and with a common assault, and the evidence only proved an attempt to have carnal knowledge, which hurt the girl, but which appeared to have been done perfectly with the girl's consent: the judges held that the prisoner could not be convicted of the assault with intent, &c., or of the common assault; it being done with the girl's consent, it could not be deemed an assault; but that the prisoner might have been indicted for a misdemeanor, in attempting to commit the offence. R. v. Martin, Car. & P. 313. And see Id. 215. A girl's merely submitting to such an outrage, however, is not to be deemed conclusive of her consent to it, as it might in the case of a woman or adult girl, but the jury will have to judge from the facts of the case, whether she consented willingly, or merely submitted to it from fear; and if the latter, the prisoner may be convicted on an indictment as for a common assault. R. v. Day, 9 Car. & P. 722, per Coleridge, J. As to what amounts to carnal knowledge, within the meaning of the statute, vide supra.

Commitment:-On at " —, unlawfully did assault one C. D., a girl above the age of ten years, and under the age of twelve years, to wit, of the age of eleven years, and her the said C. D. then and there did unlawfully and carnally know

and abuse; against the form of the statute in such case made and provided. And you the said keeper, &c.

An attempt to commit this offence is also a misdemeanor, and punishable with fine or imprisonment, or both.

Stealing, or killing with intent to steal.] "If any person shall steal any horse, mare, gelding, colt, or filly, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb; or shall wilfully kill any of such cattle, with intent to steal the carcass or skin, or any part of the cattle so killed:" felony, 7 & 8 G. 4, c. 29, s. 25, transportation for not more than 15 years, nor less than 10 years, or imprisonment, for not more than 3 years. 1 Vict. c. 90, s. 1. The word "sheep" here includes wethers, rig sheep, R. v. Stroud, 6 Car. & P. 535, and every other description of sheep not coming within the terms 66 "" ram," ewe," and "lamb." See 1 Arch. Peel's Acts, 351; but see R. v. Spicer, 1 Car. & K. 699. As to the stealing, see post, tit. Larceny." Where a man cut the throat of an ewe, with intent to steal the carcass, but was interrupted before he actually killed it, and it afterwards lived for two days; being convicted upon this statute, the judges held the conviction to be right. R. v. Sutton, 8 Car. & P. 291.

at - one gelding

Commitment for stealing :-On for as the case may be] of the goods and chattels of one C. D., feloniously did steal, take, and drive away. And you the said keeper, &c.

Commitment for killing with intent to steal :-On

at

-, one ewe, [or as the case may be] of the goods and chattels of one C. D., wilfully and feloniously did kill, with intent then and there feloniously to steal, take and carry away the carcass [or the skin, or a certain part of the carcass, that is to say, the

inward fut] of the said ewe; against the form of the statute in such case made and provided. And you the said keeper, &c.

R.

Maliciously killing or wounding.] "If any person shall unlawfully and maliciously kill, maim, or wound any cattle:" felony, 7 & 8 G. 4, c. 30, s. 16, transportation for not more than fifteen nor less than seven years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 90, s. 2. Asses are cattle within the meaning of this Act; R. v. Whitney, Ry. & M. 3; so are pigs; R. v. Sarah Chapple, R. & Ry. 77; so are sheep, oxen, cows, horses, &c. To constitute a wounding within the meaning of this Act, it is not necessary that it should create a permanent injury ; R. v. Haywood, R. & Ry. 16; but to constitute a maiming, it must. v. Jeans, 1 Car. & K. 539. Where a man wilfully set fire to a cow-house, and a cow in it was thereby burnt to death, Taunton, J. held it to be a killing of the cow within the meaning of this Act. R. v. Haughton, 5 Car. & P. 559. But where a man set a dog at a sheep, and the sheep was thereby wounded, Park, J. held that this was not an offence within the Act. R. v. Hughes, 2 Car. & P. 420. It is not necessary that the offence should be committed from any malice towards the owner of the cattle; 7 & 8 G. 4, c. 30, s. 25; R. v. Tivey, 1 Car. & K. 704; if it appear that the prisoner did the act purposely, he may be deemed to have done it maliciously. Commitment:-On - at one bay mare, the property of C. D., unlawfully, maliciously, and feloniously did kill [or as the case may be]; against the form of the statute in such case made and provided. And you the said keeper, &c.

Ill-treating.] 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 illusage in the driving thereof, be the means whereby any mischief, damage, or injury shall be done by any such cattle or other animal:"-upon conviction before one justice, he shall forfeit and pay (over and above the amount of the damage or injury, if any, done thereby, which damage or injury shall be ascertained and determined by such justice,) such a sum of money, not exceeding forty shillings nor less than five shillings, with costs, as to such justice shall seem meet, or in default of payment, he shall be imprisoned for not more than fourteen days. 5 & 6 W. 4, c. 59, s. 2.

Conviction for ill-treating, as post p. 248:-On

at

did wantonly and cruelly beat, ill-treat and abuse a certain [gelding]; against the form of the statute in such case made and provided. And I the said J. P. do adjudge, &c.

Conviction for doing damage by ill-usage in driving, &c. as post, p. 248;-On ———, at was driving a certain ox, the property of one C. D., through and along a certain public street, and whilst he the said A. B. was so driving the said ox as aforesaid, he then and there violently beat and ill-used the same, by means of which said violent beating and ill-usage, he the said A. B. then and there caused the said ox to [here state the injury done], thereby doing damage unto the said C. D. to the amount of And I the said J. P. do adjudge, &c.

Keeping a cock-pit or place for bull-baiting, &c.] "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:" penalty, not more than 51. 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. Id. s. 3.

The person who shall act as the manager of any such place, &c. or who shall receive any money for the admission of any person thereto, or who shall assist in any such baiting or fighting, or bull running, shall be deemed and taken to be the keeper of the same, and liable to all penalties, &c. Id. s. 3. Conviction, as post, p. 248 :-On - at - unlawfully did keep a certain pit and place there for the purpose of cockfighting [or as the case may be]; against the form of the statute in such case made and provided. And I the said J. P. do adjudge, &c..

Not feeding cattle impounded.] The Act directs that any person who impounds any "horse, ass, or other cattle or animal" in any common pound, open or close, or in any inclosed place, shall supply such horse, &c. daily with good and sufficient food and nourishment, so long as he shall be so impounded; and he may recover from the owner of the cattle, not exceeding double the value of the food so supplied, "by proceeding before any one justice of the peace, within whose jurisdiction such cattle or animal shall have been so impounded and supplied with food as aforesaid, in like manner as any penalty or forfeiture, or any damage or injury, may be recovered under and by virtue of any of the powers or authorities in this act contained, and which value of the food and nourishment so to be supplied as aforesaid, such justice is hereby fully authorized and empowered to ascertain, determine and enforce as aforesaid ;" or he may sell the cattle after seven days, giving three days' public printed notice thereof. Id. s. 4.

And if the party impounding such cattle, &c. "shall refuse or neglect to find, provide and supply such daily good and