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Scotland and

Ireland.

Note.-The Larceny and Malicious Injuries Acts do not extend to these countries, except in two cases of felony, as the annexed sections point out.

cases.

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

7 & 8 Geo. 4, c. 29. This Act not to Sect. LXXVI. Provided always, and be it enacted, That extend to Scot, nothing in this Act contained shall extend to Scotland or land or Ireland, except in two

Ireland, except as follows ; (that is to say,) that if any person, having stolen or otherwise feloniously taken any chattel, money, valuable security or other property whatsoever, in any one part of the united kingdom, shall afterwards have the same property in his possession in any other part of the united kingdom, he may be dealt with, indicted, tried and punished for larceny or theft in that part of the united kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part; and if any person

in any one part of the united kingdom shall receive or have any chattel, money, valuable security or other property whatsoever, which shall have been stolen or otherwise feloniously taken in any other part of the united kingdom, such person knowing the said property to have been stolen, or otherwise feloniously taken, he may be dealt with, indicted, tried and punished for such offence in that part of the united kingdom where he shall so receive or have the said property, in the same manner as if it had been originally stolen or taken in that part.

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

7 & 8 Geo. 4, c. 30. Not to extend to Sect. XLII. Provided always, and be it enacted, That Scotland or nothing in this Act contained shall extend to Scotland or Ireland. Ireland.

LORD LANSDOWNE's Act. 9 Geo. 4, c. 31.

9 Geo.4, c. 31. Not to extend to

Sect. XXXVIII. Provided also, and be it enacted, That Scotland or nothing in this Act contained shall extend to Scotland or Ireland.

Ireland.

Note. - The Poaching Act is extended to Scotland. See tit. Scotland and Poaching. But the Spring Gun Act does not. See tit. Ireland. SPRING GUNS,

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sea.

LORD LANSDOWNE's Act.
9 Geo. 4, c. 31.

9 Geo. 4, c. 31. Sect. XXXII. And be it enacted, That all indictable As to offences offences mentioned in this Act, which shall be committed against this Act

committed at within the jurisdiction of the Admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in England, and may be dealt with, enquired of, tried and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England : Provided always, that nothing herein contained shall Not to affect the alter or affect any of the laws relating to the government of laws relating to

the forces. His Majesty's land or naval forces.

SEA, RIVER, CANAL BANKS, &C.-LOCKS, Sea, River, Canat SLUICES, &c.

Banks,&c. Locks,

Sluices. &c. The 6 Geo. 2, c. 37; 8 Geo: 2, c. 20; 10 Geo. 2, c. 32; as

to sea banks, &c.; 4 Geo. 4, c. 46, s. 1, repeuled by 7 & 8
Geo. 4, c. 27.

MALICIOUS INJURIES ACT.
7 & 8 Geo. 4, c. 30.

7 & 8 G.4, c.30. Sect. XII. And be it enacted, That if any person shall un- Destroying any lawfully and maliciously break down or cut down any sea sea bank, &c. bank or sea wall, or the bank or wall of any river, canal or or works on any marsh, whereby any lands shall be overflowed or damaged, or

river or canal. shall be in danger of being so; or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, floodgate or other work on any navigable river or canal,

Sea, River, Canal every such offender shall be guilty of felony, and, being conBanks,&c.Locks, victed thereof, shall be liable at the discretion of the court, to Sluices, fc.

be transported beyond the seas for life, or for any term not 7 & 8G.4, c. 30.

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 publicly or privately whipped (if the court shall so Removing the think fit), in addition to such imprisonment; and if any piles of any sea person shall unlawfully and maliciously cut off, draw up, or bank, &c, or

remove any piles, chalk, or other materials fixed in the ground doing any da

and used for securing any sea bank or sea wall, or the bank or the navigation wall of any river, canal or marsh, or shall unlawfully and of a river or maliciously open or draw up any floodgate, or do any other canal.

injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing or maintaining the navigation thereof, every such offender shall be guilty of felony, and, being canvicted 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.

mage to obstruct

Note.—The destruction of flood-gates and sluices was before punishable with seven years' transportation, but the more miti." gated punishments of imprisonment and whipping are newenactments. It is, perhaps, worthy of remark, that the 19 Geo. 2, c. 22, which gives a summary jurisdiction to justices that they may punish offences of unloading rubbish, sinking old hulks, &c. to the damage of sewers, roads, channels, and navigable rivers, is not repealed.

Indictment for breaking down Banks.
Essex, The jurors for our lord the King upon their oath

to wit.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, 1 [a certain sea bank

* Material,

called ] [a certain bank of and belonging to a certain Sea, River, Canal river called the River - ] there situate, feloniously, un- Banks,&c. Locks, lawfully and maliciously did break down (cut down) whereby Sluices, &c. certain lands of and belonging to one B. were overflowed and damaged [or, in danger of being overflowed, &c.] to wit, at

7 & 8 G.4, c. 30. the parish aforesaid, in the county aforesaid, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.

Second Count : Omitting the words “ of and belonging to one B."

Evidence. It is necessary to prove the following acts against the prisoner : first, that he broke down the bank, whether a sea, river or canal bank, situate as mentioned in the indictment; and, secondly, that by reason of this act, certain lands were overflowed or injured, or in danger of sustaining damage.

Indictment for damaging Locks, Sluices, 8c. [Same as last precedent to the f] a certain [lock] [sluice) [foodgate) then and there being on a certain navigable river canal] called the river (canal] situate in the parish aforesaid, in the county aforesaid, then and there feloniously, unlawfully and maliciously did throw down [level] and destroy, against the form, &c. [as in last precedent.)

*

Evidence. You must prove here the malicious act of the prisoner in damaging the lock, &c. and show the local situation of the thing injured.

To show that the river in question is a navigable river, you need not do more in this case than to prove the fact from general reputation.

Indictment for Malicious Injuries to Sea Banks, fc. by removing

Piles, fc. [Same as in first precedent to the [] certain piles [chalk] then and there fixed in the ground, and then and there used for the purpose of securing a certain sea bank called [or,

Material.

Sea, River, Canal the bank of a certain river called ] there situate, * then
Banks,&c. Locks, and there feloniously, unlawfully and maliciously did cut off

Sluices, &c. [draw up) and remove, against the form, &c. [as before.]

7&86.4, c.30.

Evidence.
The damage done by the prisoner with a malicious view,
which the act itself will in most cases testify, together with
the locality of the thing injured, are the principal heads of
evidence necessary to sustain this indictment.

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Indictment for drawing up Flood Gates, &c.
[Same as first precedent to the f] a certain floodgate of and
belonging to a certain navigable river called situate in
the parish aforesaid, t in the county aforesaid, feloniously,
unlawfully and maliciously did open and draw up, with intent
then and there, by the means aforesaid, to obstruct and pre-
vent the carrying on completing] and maintaining the navi-
gation of the said navigable river called and that the
said A. did thereby then and there obstruct and prevent the
carrying on [completing] and maintaining the navigation of
the said navigable river called - , against the form, &c.
[conclude as before.]

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Evidence.
First, you must show that the prisoner did the act alleged
in the indictment, and then that the floodgate was situate as
there described, and that it belonged to the navigable river in
question. It must then be proved, that the mischief commit-
ted by the prisoner had the effect of creating the obstruetion
complained of.

* The parish is material.
+ The parish is material.

# Add here in a second count these words : “And other
injuries and mischiefs to the said navigable river called
then and there did with the like inten tas aforesaid, and thereby
by the said last mentioned injuries and mischiefs, then and
there occasioning the like obstruction and prevention as afore-
said," against the form, &c.

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