Hamesucken

Scotch law

The crime of hamesucken consists in “the felonious seeking and invasion of a person in his dwelling. house.”

1 Hume, 312; Burnett, 86; Alison’s Princ. of the Cr. Law of Scot]. 199.

The mere breaking into the house, without the personal violence does not constitute the offence, nor does the violence without an entry with intent to commit an assault. It is the combination of both which completes the crime.

1.

It is necessary that the invasion of the house should have proceeded from fore- ~ thought malice; but it is sufhcient if, from any illegal motive, the violence has been meditated, although it may not have proceeded from the desire of wreaking personal revenge properly so called.

2.

The place where the assault was committed must have been the proper dwellinghouse of the party injured, and not a place of business, visit, or occasional residence.

3.

The offence may be committed equally in the day as in the might, and not only by effraction of the building by actual force, but by an entry obtained by fraud, with the intention of inflicting personal violence, followed by its perpetration.

4.

But unless the injury to the person be of a grievous and material character, it 1s not hamesucken, though the other requisites to the crime have occurred. When this is the case it is immaterial whether the violence be done lucri causa, or from personal spite.

5.

The punishment of hamesucken, in aggravated cases of injury, is death; in cases of inferior atrocity, an arbitrary punishment. Alison’s Pr. of Cr. Law of Scotl. ch.

6; Ersk. law.

This is the name of one of the so concealing him that another havoffices belonging tothe English court; ing a right to the lawful custody of of chancery. 3 Bl. Com. 49. such person, shall be deprived of the