aforesaid yet unknown* then lately before feloniously stolen, taken and carried away by the same ill-disposed person, felo

Receivers.

nionsly did receive, he the said A. then and there well knowing 7&8 G. 4, c. 29. the said silver spoon to have been feloniously stolen, taken and carried away, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity,

Evidence.

Here, as in the last case, you must prove the commission of a larceny, and the guilty receipt of the goods by the prisoner.

Indictment against a Receiver, the Offence of the Principal being a Misdemeanor.

Hertfordshire, The jurors, &c. that one A., late of, &c. on, to wit. J&c. at, &c. [describe the misdemeanor,] and that B., late of, &c. on, &c. at, &c. the said &c. then and there unlawfully did receive, against the form of the sta tute, &c. [as before.]

Evidence.

The same evidence above mentioned applies here; namely, the proof of the offence (the misdemeanor,) and the receipt of the property with an unlawful intent.

RECORDS.

The 8 Hen. 6, c. 12, s. 3, stealing records, repealed by

7 & 8 Geo. 4, c. 27.

LARCENY ACT.

7 & 8 Geo. 4, c. 29.

Records.

7&8 G. 4, c. 29. Sect. XXI. And be it enacted, That if any person shall The stealing, steal, or shall, for any fraudulent purpose, take from its place &c. of records of deposit for the time being, or from any person having the and other proceedings of courts of justice.

* But if the principal person be known to the jurors, as, for example, if he be examined before them for the purpose of being produced as a witness, these words must be omitted, and the name of the person inserted.

Records.

lawful custody thereof, or shall unlawfully and maliciously obliterate, injure or destroy any record, writ, return, panel, 7 & 8 G. 4, c. 29. process, interrogatory, deposition, affidavit, rule, order or war

rant of attorney, or any original document whatsoever of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order or decree, or any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, depending or terminated in any such court, every such offender shall be guilty of a misdemeanor, 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 suffer such other punishment, by fine or imprisonment, or by both, as the court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence was committed, is the property of any person, or that the same is of any value.

Note. This enactment is much fuller than the ancient act. The stat. 8 Hen. 6, extended only to the courts which were expressly named in it, and to the Court of Chancery only as far as it proceeded according to the course of the common law. The present section protects records and other documents belonging to any court of record, civil or criminal; and it particularly enumerates the proceedings of courts of equity. It is observable, that the taking, in this case, will be punishable not only for stealing, but also for removing with a fraudulent purpose.

There is also a provision, that the property taken need not be laid in any one.

See title REALTY, ante, p. 183.

Hertfordshire,

of

to wit.

Indictment for Larceny of Records.

The jurors for our lord the King upon their oath present, that A., late of the parish in the county of labourer, on, &c. with force and arms at the parish aforesaid, in the county aforesaid, one record [or, a certain roll of parchment being a record, &c.]

then and there being found, did steal, take and carry away, against the form of the statute in that case made and pro

Records.

vided, and against the peace of our said lord the King, his 7 & 8 G. 4, c. 29. crown and dignity.

Evidence.

In this case you have no more to do than to prove a larceny of the record in the usual way.

RESTITUTION OF PROPERTY.

The 21 Hen. 8, c. 11, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT.

7 & 8 Geo. 4, c. 29.

Restitution of
Property.

7&8G.4. c. 29.

Sect. LVII. And, to encourage the prosecution of offenders, The owner of be it enacted, That if any person, guilty of any such felony or stolen property misdemeanor as aforesaid, in stealing, taking, obtaining or prosecuting thief or receiver converting, or in knowingly receiving any chattel, money, to conviction valuable security or other property whatsoever, shall be in- shall have restidicted for any such offence, by or on the behalf of the owner tution of his proof the property, or his executor or administrator, and convicted perty. thereof, in such case the property shall be restored to the owner or his representative; and the court before whom any such person shall be so convicted, shall have power to award, from time to time, writs of restitution for the said property, or to order the restitution thereof in a summary manner: Provided Exception. always, that if it shall appear before any award or order made, that any valuable security shall have been bonâ fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained or converted as aforesaid, in such case the court shall not award or order the restitution of such security.

Revenue, Public.

9 Geo. 4, c. 31. Not to repeal any Act relating to high treason, the revenue or combinations.

REVENUE; PUBLIC.

LORD LANSDOWNE'S ACT.

9 Geo. 4, c. 31.

Sect. XXXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter any Act, so far as it relates to the crime o high treason, or to any branch of the public revenue, or shall affect or alter any Act for the prevention of smuggling, or any part of the Act passed in the sixth year of the present reign, intituled, "An Act to repeal the Laws relating to the Combination of Workmen, and to make other Provisions in lieu thereof."

Rewards.

REWARDS.

I. Taking a Reward to help to Stolen Goods.
II. Advertising for Stolen Goods, with no Questions asked.

I. Taking a Reward to help to Stolen Goods. The 4 Geo. 1, c. 11, s. 4, as to this offence; 1 Geo. 4, c. 115, changing the punishment of this offence, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT.

7 & 8 Geo. 4, c. 29.

who

7&8 G. 4, c. 29. Taking a reward Sect. LVIII. And be it enacted, That every person for helping to shall corruptly take any money or, reward, directly or inthe recovery of stolen property directly, under pretence or upon account of helping any perwithout bringson to any chattel, money, valuable security, or other property ing the offender whatsoever, which shall by any felony or misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall (unless he cause the offender to be apprehended and brought to trial for the same,) be guilty of felony, and, being convicted thereof, shall be liable at the discretion of the court, to be transported beyond the seas for life, or for any term not

to trial.

less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice or thrice

Rewards.

publicly or privately whipped (if the court shall so think fit,) 7 & 8 G.4, c. 29. in addition to such imprisonment.

Note.-By 4 Geo. 1, this crime was punished as though the offender had stolen the goods; and the noted Jonathan Wild was executed under its provisions.

By 1 Geo. 4, transportation was substituted for the punishment of death, in cases which fell under the latter penalty.

It does not seem to be determined, whether, if the principal felon be dead before the conviction of the party taking the reward, the latter can be found guilty, but the better opinion is that he cannot, because he has been evidently deprived of the means of apprehending the thief by the act of God, which works not an injury to any man. See Drinkwater's case, Leach, C. C. 15.

II. Advertising for Stolen Goods, with no Questions asked. The 25 Geo. 2, c. 36, s. 1, advertising rewards for stolen goods, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY ACT.

7 & 8 Geo. 4, c. 29.

7 & 8 G.4, c. 29.

Sect. LIX. And be it enacted, That if any person shall Advertising a publicly advertise a reward for the return of any property reward for the

whatsoever which shall have been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property, or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan, upon any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property; or if any person shall print or publish any such advertisement, in any of the above cases every such person shall forfeit the

K

return of stolen

property, &c.