Sect. III. And be it enacted, That every person convicted

of simple larceny, or of any felony hereby made punishable

ceny.

Larceny.

like simple larceny, shall (except in the cases hereinafter 7 & 8 G. 4, c. 29. otherwise provided for,) be liable, at the discretion of the Punishments court, to be transported beyond the seas for the term of seven for simple laryears, or to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit,) in addition to such imprisonment.

order hard la

Sect. IV. And, with regard to the place and mode of im- The court may prisonment for all indictable offences punishable under this for all offences Act, be it enacted, That where any person shall be convicted within this Act, of any felony or misdemeanor punishable under this Act, for bour or solitary which imprisonment may be awarded, it shall be lawful for the confinement. court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

Note.-Further, the court are empowered to award hard labour in the common gaol or house of correction, and to subject the offender in addition to solitary confinement.

Similar provisions have been recently enacted, with reference to all felonies not punishable with death, and not otherwise specially provided for, as will be seen under that head.

* Immaterial, for the court are empowered to set the want of a proper addition right on the instant. See 7 Geo. 4, c. 64, s. 19. +Immaterial, provided it be before the caption of the indictment.

Larceny.

tenth year of the reign, &c., with force and arms, at
in the county of Middlesex, one sheet, of the value of t
and one pair of

7 & 8 G. 4, c. 29. one pair of stockings, of the value of

7 & 8 G.4, c.29.

Tenants and

any property

shoes, of the value of

of the goods and chattels of one B., then and there being found, feloniously did steal, take and carry away, against the peace of our said lord the King, his crown and dignity.

Evidence.

The prosecutor in this case usually proves that he lost some goods, and, if possible, gives further information concerning the prisoner's share in the transaction. Witnesses are then called, who describe such circumstances as will tend to fix the offence upon the prisoner. You need not show that all the goods specified in the indictment were stolen, it is sufficient to prove a larceny of some of them, and that they belonged to the prosecutor, or to the person mentioned in the indictment as the owner. An asportation or carrying away must appear. The particular day need not be proved.

There are, therefore, these proofs
1. The loss of the goods.

2. The ownership of the property.

3. The circumstances affecting the prisoner, which almost every case.

vary in

LODGERS, TENANTS; LARCENY BY THEM. The 3 Wm. & Mary, c. 9, repealed by 7 & 8 Geo. 4 c. 27.

LARCENY ACT.

7 & 8 Geo. 4, c. 29.

Sect. XLV. And, for the punishment of depredations com lodgers stealing mitted by tenants and lodgers, be it enacted, That if any person shall steal any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her, or her husband,

from houses or apartments let to them.

* Immaterial, provided it be some place where the prisoner took the goods, or where he was found with them, or where the court has jurisdiction.

+ Immaterial.

every such offender shall be guilty of felony, and, being con- Lodgers,tenants victed thereof, shall be liable to be punished in the same

Larceny by them.

manner as in the case of simple larceny; and in every such case of stealing any chattel it shall be lawful to prefer an 7 & 8 G. 4, c. 29. indictment in the common form as for larceny, and in every such case of stealing any fixture to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire.

Note. This general description of the larceny and of the indictment, would seem to dispose of some of the old difficulties which arise upon the setting out the goods taken by the offender under the old act. 3 & 4 W. & M. c. 9; see Russ. & Ry. 411. Rex v. Belstead, Id. 480; Rex v. Bew, 2 East, P.C. 586; Palmer's Case, Ry. & M. Trin. 1824; Rex v. Brunswick, Id. 1; Rex v. Healey.

Indictment against a Lodger for Stealing Property from

Apartments.

The jurors for our lord the King upon their
Joath present, that A., late of the parish of -

Hertfordshire,
to wit.
in the county of
labourer, on, &c. with force and arms, at
the parish of in the county aforesaid, one stool, of the
value of one table, of the value of and one chair, of
the value of- of the goods and chattels of one B. [the land-
lord] in the house [or lodging] of the said B. there situate,
then and there being found, feloniously did steal, take and
carry away, against the form of the statute in that case made
and provided, and against the peace of our said lord the King,
his crown and dignity.

Evidence.

The evidence usual in cases of larceny is applicable to sustain the above indictment. The loss of the goods, the ownership of the property, the removal of the property, together with the prisoner's share in the felonious transaction,, must be proved. Should an indictment unnecessarily state, that the prisoner was a tenant or lodger, the prisoner may be convicted of larceny, although the larceny be not proved. It is imma

Lodgers,tenants; terial whether the contract of letting were made by the wife Larceny by of the prosecutor, or by any other person on behalf of the prothem.

7& 8 G. 4, c. 29.

secutor.

Indictment against a Tenant for Stealing Fixtures from his

Hertfordshire,

at the parish of

Landlord's House.

The jurors for our lord the King upon their

to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c. with force and arms, in the county aforesaid, certain [woodwork, to wit, -] of the value of of and belonging to one B., and then and there being fixed to the dwelling house of the said B., situate at aforesaid, in the county afore. said, feloniously did steal, take and carry away, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

Here you must show the larceny, as in ordinary cases, and prove that the woodwork was attached to the house or building. If the prisoner took the fixtures under a colour of right, the felonious intention is negatived, and he must be acquitted.

Machines, Threshing, &c.

7 & 8 G.4.c.30.

Destroying threshing machines, or machinery in any facture than the foregoing.

other manu

MACHINES, THRESHING, &c.

MALICIOUS INJURIES ACT.

7 & 8 Geo. 4, c. 30.

Sect. IV. And be it enacted, That if any person shall unlawfully and maliciously cut break or destroy, or damage with intent to destroy or to render useless, any threshing machine, or any machine or engine, whether fixed or moveable, prepared for or employed in any manufacture whatsoever (except the manufacture of silk, woollen, linen or cotton goods, or goods of any one or more of those materials mixed with each other, or mixed with any other material, or any frameworkknitted piece, stocking, hose or lace, (every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the

seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once twice or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

Indictment for damaging a Threshing Machine.
Hertfordshire,
to wit.

The jurors for our lord the King, upon their
Joath present, that A. late of the parish of

in the county of
labourer, on, &c. with force and arms
at the parish of in the county of - a certain threshing
machine, of the value of pounds, of and belonging to
one B. then and there being, feloniously, unlawfully and mali-
ciously did cut, break and destroy - [or, did damage, with
intent the same feloniously to destroy and render useless], to
the great damage of the said B., against the form of the statute,
&c. and against the peace of our said lord the King, his crown
and dignity.

Note. If the indictment be for damaging any other machine, the exception in the statute must be attended to, as follows:

Hertfordshire, The jurors, &c. present, that A. late of, &c.

to wit. [as in the last precedent], a certain machine [or, engine], [fixed or moveable] called, &c., prepared for and employed in the manufacture of of the value, &c. of and belonging to one B. then and there being, (the said machine not being prepared for or employed in the manufacture of any silk, woollen, linen or cotton goods, or in the manufacture of goods of any one or more of these materials mixed with each other respectively, or mixed with any other material, or in the manufacture of any framework-knitted piece, stocking, hose or lace,) feloniously unlawfully and maliciously, &c. [conclude as in the last precedent.]

Evidence to support the two last Indictments.

These indictments will be supported by proving that the machine in question belonged to B., and that the prisoner did the mischief in the wanton manner alleged in the indictment.

Machines, Threshing, &c.

7&8 G.4, c. 30.