Realty. whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part 7 & 8 G.4, c.29. thereof; and it shall not be necessary to allege the thing stolen to be of any value. 7&8 G. 4, c. 29. These provisions as to wills and writings shall not lessen any remedy which the party ag Note.-Whatever might have been the old reasons for refusing documents relating to lands a protection from theft, whether because, according to some, they were in themselves of no value, or to others, that they were of use to the owner only, and were consequently less open to theft, the legislature has now wisely considered, that the loss of these documents may be productive of the most serious injury to those entitled to them; and especially as estates, being now liable to the consequences of commercial failure, are apt to change their possessors more frequently than in ancient times; on which account these writings are of greater value, as it respects the public at large. No person is to lose his legal or equitable remedy by reason of this statute; but he is not to avail himself of any conviction which may have been had against the defendant in proving his case; nor is an offender to be convicted at all, if, under any process of law or equity, or before commissioners of bankrupt, he have previously made a disclosure upon oath of the subject matter of his offence. Sect. XXIV. Provided always, and be it enacted, That nothing in this Act contained relating to either of the misdemeanors aforesaid, nor any proceeding, conviction or judgment to be had or taken thereupon, shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by grieved now has. 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 person shall be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, 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 in stituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commis. sioners of bankrupt. to wit. Indictment for Larceny of Writings relating to Real Estates. Second Count: Leaving out the words, "lands tenements and hereditaments," and the particular statement of the interest. Realty. 7 & 8 G. 4. c. 29. Evidence. It is necessary in this case to prove a larceny of the paper or parchment by the prisoner, and then to show that it formed part of the evidence of title of B.'s real estate; the deed itself, if recovered, would of course be the best evidence. Lastly, the present interest of B. in the estate, whether legal or equitable, must be shown, in conformity to the directions of the statute. RECEIVERS. The 29 Geo. 2, c. 30; 10 Geo. 3, c. 48; 13 Geo. 3, c. 31, s. 4 & 5; 21 Geo. 3, c. 69; 22 Geo. 3, c. 58; 3 Geo. 4, c. 24; 3 Geo. 4, c. 114, as to receivers, repealed by 7& Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Receivers. 7 & 8 G.4,c.29. Sect. LIV. And, with regard to receivers of stolen property, Where the oribe it enacted, That if any person shall receive any chattel, ginal offence is Receivers. 7 & 8G.4, c.29. money, valuable security or other property whatsoever, the stealing or taking whereof shall amount to a felony, either at common law, or by virtue of this Act, such person knowing the felony, the re- same to have been feloniously stolen or taken, every such receivers of stolen ceiver shall be guilty of felony, and may be indicted and conproperty may be tried either as victed either as an accessory after the fact, or for a substantive accessories after felony; and in the latter case, whether the principal felon the fact, or for a shall or shall not have been previously convicted, or shall or substantive fe- shall not be amenable to justice; and every such receiver, lony. Where the ori howsoever convicted, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned [for any term not exceeding three 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: Provided always, that no person howsoever, tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. Sect. LV. And be it enacted, That if any person shall reginal offence is ceive any chattel, money, valuable security or other property a misdemeanor, receivers may whatsoever, the stealing, taking, obtaining or converting be prosecuted whereof is made an indictable misdemeanor by this Act, such for a misdeperson knowing the same to have been unlawfully stolen, meanor. taken, obtained or converted, every such receiver shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice; and every such receiver shall, on conviction, 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. All receivers may be tried where the Sect. LVI. And be it enacted, That if any person shall receive any chattel, money, valuable security or other property whatsoever, knowing the same to have been feloniously or Receivers. unlawfully stolen, taken, obtained or converted, every such person, whether charged as an accessory after the fact to the felony, or with a substantive felony, or with a misdemeanor 7 & 8 G.4, c. 29. only, may be dealt with, indicted, tried and punished in any principal is county or place in which he shall have or shall have had any triable, or where the property is such property in his possession, or in any county or place in which the party guilty of the principal felony or misdemeanor possession, as may by law be tried, in the same manner as such receiver may well as where *be dealt with, indicted, tried and punished in the county or the receiving place where he actually received such property. takes place. found in their Sect. LX. And be it enacted, That where the stealing or Receivers of taking of any property whatsoever is by this Act punishable property where the original ofon summary conviction, either for every offence, or for the first fence is punishand second offence only, or for the first offence only, any person able on sumwho shall receive any such property, knowing the same to be mary conviction. unlawfully come by, shall, on conviction thereof before a justice of the peace, be liable for every first second or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence of stealing or taking such property is by this Act made liable. Note.-The gist of these provisions is, that where the original offence amounts to felony, the receiver may be tried as an accessory after the fact, or as a substantive felon; that in misdemeanor, he may be prosecuted for a misdemeanor; and that where the offence is punishable on summary convictions, he may be summarily convicted. The trial of a receiver may take place where his principal is triable, where he has had the property in his possession, or where the receiving takes place. The punishments awarded against such a criminal are, in felony, fourteen years' transportation, or not less than seven, or three years' imprisonment, if it shall please the court, and in addition, according to discretion, two or three whippings. In misdemeanor, seven years' transportation, at the court's discretion, or two years' imprisonment, with whipping as before. And upon a summary conviction, he is to suffer the same punishment as the principal. See Ryan and Moody's Crown Cases, 12, Cale's case, Receivers. 7& 8G. 4, c. 29. Indictment against a Receiver of Stolen Goods. Hertfordshire, The jurors for our lord the King upon their to wit.* Joath present, that one A., late of the parish of in the county of- labourer, heretofore, to wit, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, one silver spoon of the value of twenty shillings, 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: And the jurors aforesaid, upon their oath aforesaid, do further present, that B., late of the parish aforesaid, in the county aforesaid, afterwards, to wit, on, &c. at the parish aforesaid, in the county aforesaid, the said silver spoon so as aforesaid feloniously stolen, feloniously did receive and have, he the said B. then and there well knowing the said silver spoon to have been † feloniously stolen, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. Evidence. You must, in the first instance, prove the stealing of the spoon, and then show that the prisoner received it feloniously. His guilt is evidenced by a possession of the stolen property without sufficient grounds, or a reasonable account of the manner of acquiring it; and evidence of this nature will satisfy the jury that he knew the property in question to have been stolen. Indictment against a Receiver as for a Substantive Felony. Hertfordshire, 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, one silver spoon of the value of twenty shillings, of the goods and chattels of one B., by a certain ill-disposed person to the jurors * By sect. 56, the venue may be laid in the county where the principal is triable, or where the property is seen in the possession of the receiver, or where the receiving has taken place. Where this word "been was omitted, the indictment was thought to be bad. 2 Russ. C. & M. 259, Rex v. Harrison. |