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before or after the fact in another, the trial may take place in Accessories. either.

The punishment of an accessory after the fact, for any 7 & 8 G.4, c. 30. offences against the larceny or malicious injuries acts, is an imprisonment for a term not execeding two years, unless he be a receiver of stolen goods, in which case the penalty is inuch heavier.

ACTIONS.

Actions. Against Persons acting in pursuance of the Larceny and

Malicious Injuries Acts.

LARCENY ACT.
7 & 8 Geo. 4, c. 29.

7 & 8 G.4, c. 29. Sect. LXXV. And, for the protection of persons acting in Venue, in prothe execution of this act, be it enacted, That all actions and ceedings against prosecutions to be commenced against any person for any

persons acting

under this act. thing done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise ; and notice in writing of such action, and Notice of action. of the cause thereof, shall i be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the General issue, general issue, and give this act and the special matter in &c. evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against

Actions. the defendant, unless the judge before whom the trial shall

be shall certify his approbation of the action, and of the verdict obtained thereupon.

MaliciouS INJURIES Act. 7 & 8G.4, c. 30.

7 & 8 Geo. 4, c. 30. Venue, in pro

Sect. XLI. And, for the protection of persons acting in the ceedings against execution of this act, be it enacted, That all actions and propersons acting secutions to be commenced against any person for any thing under this act.

done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced

within six calendar months after the fact committed, and not Notice of action. otherwise ; and notice in writing of such action, and of the

cause thereof, shall be given to the defendant one calendar General issue, month at least before the commencement of the action; and &c.

in any such action the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defend. ant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.

Note.-As to the venue on this occasion, it must be laid in the county where the fact is committed.

The action must be commenced within six calendar months afterwards, and one calendar month's notice in writing must be given to the defendant.

The defendant may plead the general issue, and give the Actions. act and the special matter in evidence.

If tender of amends shall have been made before action 7 & 8G.4, c. 30. brought, or a sufficient sum paid by the defendant into court, the plaintiff shall not recover.

If there be a verdict for the defendant, or the plaintiff be nonsuited, discontinue, or be defeated upon demurrer, full costs as between attorney and client are awarded against the plaintiff, with the usual remedy for recovering them; and in order that the plaintiff may have his costs, it is necessary for the judge to certify his approbation of the action.

ADMIRALTY.

Admiralty. The Acts against Larceny and Malicious Injuries expressly

recognise the Jurisdiction of the Admiralty over all Offences
committed within their Provisions.
7 & 8 Geo. 4, c. 29.

7 & 8 G.4, c. 29. Sect. LXXVII. And be it enacted, That where any felony or misdemeanor punishable under this act shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction. 7 & 8 Geo. 4, c. 30.

7 & 8 G.4, c. 30. Sect. XLIII. And be it enacted, That where any felony or To extend to misdemeanor punishable under this act, shall be committed offences com

mitted at sea. within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction.

Note.—All offences prosecuted in the Court of Admiralty, are to be visited with the same punishments as though such offences should happen upon the land.

CRIMINAL JUSTICE Act.
7 & 8 Geo. 4, c. 28.

7 & 8 G.4,c.28. Sect. XII. And be it enaeted, That all offences prosecuted Admiralty in the High Court of Admiralty of England shall, upon every

offences.

expenses in

Admiralty. first and subsequent conviction, be subject to the same punish

ments, whether of death or otherwise, as if such offences had 7&86.4, c. 28. been committed

upon

the land. Note.-Further, the costs of prosecutors and witnesses, in cases of felony and misdemeanor, with compensation for their trouble and loss of time, may be ordered by the judge of the admiralty.

CRIMINAL JUSTICE ACT. 7 Geo. 4, c. 64.

7 Geo. 4, c. 64. For payment of

Sect. XXVII. And, for enabling the High Court of Admi

ralty to order the payment of the costs and expenses of proprosecutions

secutors and witnesses, and compensation for their trouble in Court of Admiralty.

and loss of time, in cases in which other courts have a like power under this act, be it enacted, That it shall be lawful for the judge of the said Court of Admiralty, in every case of felony, and in every case of misdemeanor of the denominations hereinbefore enumerated, committed upon the high seas, to order the assistant to the counsel for the affairs of the admiralty and navy to pay such costs, expenses and compensations to prosecutors and witnesses, in like manner as other courts may order the treasurer of the county to pay the same: and such assistant is hereby authorized and required, upon sight of every such order, forthwith to pay to the person

named therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts.

Agents, embez.

AGENTS, EMBEZZLEMENT BY. zlement by, The 52 Geo, 3, c. 63, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY Act. 7 & 8G.4, c. 29.

7 & 8 Geo. 4, c. 29. Agents embez

Sect. XLIX. And, for the punishment of embezzlements zling money committed by agents entrusted with property, be it enacted, entrusted to

That if any money, or security for the payment of money shall them to be ap- be entrusted to any banker, merchant, broker, attorney or plied to any special purpose;

other agent, with any direction in writing to apply such money, or any part thereof, or the proceeds, or any part of Agents, embezthe proceeds of such security, for any purpose specified in

zlement by. such direction, and he shall, in violation of the good faith,

7 & 86.4, c. 29. and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security or proceeds, or any part thereof respectively, every such offender shall be

guilty of a misdemeanor, and, being convicted thereof, shall I be liable, at the discretion of the court, to be transported

beyond the seas for any term not exceeding fourteen years, por less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award; and if any chattel or valuable security, or any power of or embezzling attorney for the sale or transfer of any share or interest in any goods or

valuable secuany public stock or fund, whether of this kingdom, dr of

rity entrusted Great Britain or of Ireland, or of any foreign state, or in any to them for safe fund of any body corporate, company or society, shall be custody, or for entrusted to any banker, merchant, broker, attorney or other any special agent, for safe custody, or for any special purpose, without purpose, guilty any authority to sell, negotiate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security or power of attorney shall have been entrusted to him, sell, negociate, transfer, pledge, or in any manner convert to his own use or benefit such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof,

every such offender shall be guilty of a misdemeanor, and ! being convicted thereof, shall be liable, at the discretion of

the court, to any of the punishments which the court may award, as hereinbefore last mentioned.

Sect. L. Provided always, and be it enacted, That no- Not to affect thing hereinbefore contained relating to agents, shall affect trustees or any trustee in or under any instrument whatever, or any

mortgagees ; mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage nor shall restrain any banker, merchant, broker, attorney, or nor bankers, &c.

meanor.

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