due on secu rities, receiving money other agent, from receiving any money which shall be or become actually due and payable upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this act had not been passed; nor from selling, transferring, or otherwise disposing of any securities or effects in his possession, upon which he shall have any lien, claim, or demand entitling him by law so to do, unless such sale, transfer, or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim, or demand. or disposing of securities on which they have a lien. These provisions not lessen any remedy which the party aggrieved now has. Sect. LII. Provided always, and be it enacted, That nothing as to agents shall in this act contained, nor any proceeding, conviction, or judgment to be had or taken thereupon, against any banker, merchant, broker, factor, attorney or other agent as aforesaid, shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had if this act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, attorney or other agent as aforesaid, shall be liable to be convicted by any evidence whatever as an offender against this act, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence, have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, `or proceeding which shall have been bonâ fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt. Indictment against an Agent for Embezzlement. Hertfordshire, The jurors for our lord the King, upon their to wit. Joath present, that heretofore, to wit, on, &c. at, &c. in the county of one B. did entrust to A., the said A. being a [banker] [broker] [merchant] [attorney] and agent, to wit on the same day and year aforesaid at, &c. ん in the county aforesaid [set out the thing entrusted] with certain directions in writing to the said A. to apply the said [the goods entrusted] for certain purposes specified in those directions, to wit, that he, the said A., so being such [banker, &c.] as aforesaid, should [set out the directions] to wit, at the parish aforesaid, in the county aforesaid: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. late of the parish aforesaid, in the county aforesaid, so being such [banker, &c.] as aforesaid, afterwards, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, not regarding his duty in that behalf as aforesaid, but in violation of good faith, and contrary to the purposes specified in the directions aforesaid, wilfully and unlawfully [the said -] so to him entrusted as aforesaid, did convert to his own use and benefit, 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. Second count: Omitting the written directions, and merely saying, that certain directions had been given to the prisoner in writing. Agents, emberzlement by. 7 & 8 G. 4, c. 29. Evidence. The prosecutor must prove the trust reposed in the banker or agent, and give some evidence that the prisoner was a banker, &c. He must then show that the prisoner misapplied the thing entrusted to him. The written directions mentioned in the indictment must be proved, either by the original, or a copy, or such an accurate detail of them from the mouth of witnesses as can leave no doubt of their genuineness in the minds of the jury. Notice, however, should be given to produce the original, for as Mr. Starkie observes " Secondary evidence shall not be admitted as to the contents of any written document in the possession of the adversary, unless notice has been given to produce it." Notice to produce a notice is not necessary. The prisoner may meet the indictment by showing, that what he did was in performance of some duty which he was under the necessity of fulfilling, as trustee or mortgagee. He may show any thing tending to prove that he acted not in violation of good faith, but according to some right vested in him, and if he do this, the prosecution must fall to the ground. See the fiftieth section of the Act. ARREST OF OFFENDERS. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect.XXVIII. And, for the more effectual apprehension of all offenders against this act, be it enacted, That any person found committing any offence against this act, whether the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. Note.-A private individual might before this act have apprehended a person whom he might have seen committing a felony, and, indeed, such was his duty as a citizen, but it will be immediately perceived, that the present statute extends to misdemeanors and offences punishable upon a summary conviction, so as they be offences within this act. The larceny act in addition to this authority enables, in the first place, a justice to grant a search warrant, as in the case of stolen goods, whenever a credible witness shall assert upon oath, that there is reasonable ground for believing some party to be in possession of certain articles, &c. contrary to the provisions of the act; and next it is made competent for any individual to whom goods are offered for sale, to apprehend such person, and carry him before a magistrate, if he shall entertain a reasonable ground of suspicion. But note, that angling in the day-time is excepted out of these provisions. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. LXIII. And, for the more effectual apprehension and discovery of all offenders punishable under this act, be it enacted,That any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of this act, except only the offence of angling in the day-time, may be immediately apprehended without a warrant by any peace officer, or by the owner of the property on or with respect to which the offence shall be committed, or by his servant or any person authorized by him, and forthwith 7 & 8 G. 4, c. 29. taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness A justice, upon shall prove, upon oath, before a justice of the peace, a rea- good grounds of suspicion, sonable cause to suspect that any person has in his possession proved on oath, or on his premises any property whatsoever, on or with respect may grant a to which any such offence shall have been committed, the search warrant. justice may grant a warrant to search for such property, as in that the case of stolen goods; and any person, to whom any pro- Any person to perty shall be offered to be sold, pawned or delivered, if he whom stolen shall have reasonable cause to suspect is property such offence any offered, may has been committed on or with respect to such property, is seize the party hereby authorized, and, if in his power, is required to appre- offering it. hend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law. ARREST OF A CLERGYMAN. 50 Eliz. 3, c. 5; 1 Ric. 2, c. 15; repealed by 9 Geo. 4, c. 31. LORD LANSDOWNE'S ACT. Arrest of a Clergyman during Divine Service. 9 Geo. 4, c. 31. vice. Sect. XXIII. And be it enacted, That if any person shall Arresting a arrest any clergyman upon any civil process, while he shall clergyman durbe performing divine service, or shall, with the knowledge of ing Divine sersuch person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or by both, as the court shall award. Indictment for arresting a Clergyman, as above. Middlesex, 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, at the parish aforesaid in the county aforesaid, did arrest ** * Material. the Reverend- [then and there being a clergyman of the Church of England,] [upon and by virtue of a certain writ of latitat, &c. as the case may be] [or upon and by virtue of a certain civil process, to wit a certain writ of latitat, &c.] he, the said being engaged at the time of the said arrest in performing divine service, to wit, at the parish aforesaid, in the county aforesaid [or, he the said being on his way to perform divine service, to wit, at the church of to wit, in the parish aforesaid in the county aforesaid] [or, whilst he the said was returning from the performance of divine service by him the said to wit, in the church of to wit, at the parish aforesaid in the county aforesaid] the said A. knowing that the said Reverend [was then about to perform divine service at the said church of, to wit, at the parish aforesaid, in the county aforesaid,] [or, performing divine service] [or, was returning, &c. as the case may be] 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 following things must be established: first, that the defendant committed the offence in question, namely, that he arrested the clergyman in the manner stated in the indictment, by civil process, and that he knew the person arrested to be in holy orders, and about to do duty, as the case may be. You must further prove, that the person arrested was a clergyman, and that he was engaged according to the statement in the indictment. ARSON. The 23 Hen. 8, c. 1; 1 Edw. 6, c. 12, s. 10; 4 & 5 Phil. & Mary, c. 4; 22 and 23 Car. 2, c. 7; 43 Eliz. c. 13; 9 Geo. 1, c. 22; 9 Geo. 3, c. 29; 43 Geo. 3, c. 58, s. 1, as far as relates to the setting fire to the buildings therein enumerated; 52 Geo. 3, c. 130, repealed by 7 & 8 Geo. 4, c. 27. MALICIOUS INJURIES ACT. Sect. II. And be it enacted, That if any person shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or |
