7 & 8 G.4, c. 30. Removing the piles of any sea bank, &c. or doing any damage to obstruct the navigation 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, &c. be transported beyond the seas for life, or for any term not 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 think fit), in addition to such imprisonment; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground and used for securing any sea bank or sea wall, or the bank.or wall of any river, canal or marsh, or shall unlawfully and maliciously open or draw up any floodgate, or do any other 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 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. of a river or canal. Note. The destruction of flood-gates and sluices was before punishable with seven years' transportation, but the more mitigated punishments of imprisonment and whipping are new enactments. 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of unloading rubbish, sinking old hulks, &c. to the damage of sewers, roads, channels, and navigable rivers, is not repealed. Essex, to wit. county of Indictment for breaking down Banks. The jurors for our lord the King upon their oath present, that A., late of the parish of in the labourer, on, &c. with force and arms, at the parish aforesaid,* in the county aforesaid, ¶ [a certain sea bank * Material. Sluices, &c. 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 certain lands of and belonging to one B. were overflowed and damaged [or, in danger of being overflowed, &c.] to wit, at 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, &c. [Same as last precedent to the ¶] a certain [lock] [sluice] [floodgate] 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, &c. by removing [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 * Material. [or, 7 & 8 G.4, c. 30. 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 & 8 G.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. Indictment for drawing up Flood Gates, &c. situate in [Same as first precedent to the ¶] a certain floodgate of and belonging to a certain navigable river called 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 prevent the carrying on [completing] and maintaining the navigation 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.} 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 committed by the prisoner had the effect of creating the obstruction 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 aforesaid," against the form, &c. SEAMAN. LORD LANSDOWNE'S ACT. 9 Geo. 4, c. 31. Seaman. 9 Geo. 4, c. 31. Sect. XXX. And be it enacted, That if any master of a Punishment for merchant vessel shall, during his being abroad, force any man the master of a on shore, or wilfully leave him behind in any of his Majesty's merchant vessel colonies, or elsewhere, or shall refuse to bring home with him forcing a seaman on shore, or again all such of the men whom he carried out with him as refusing to bring are in a condition to return when he shall be ready to proceed him home. on his homeward-bound voyage, every such master shall be guilty of a misdemeanor, and, being lawfully convicted thereof, shall be imprisoned for such term as the court shall award; and all such offences may be prosecuted by indictment or by Mode of trial, information, at the suit of his Majesty's attorney-general, in &c. the court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster, in the county of Middlesex; and the said court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information. Indictment for a Misdemeanor, by forcing a Seaman on Shore, &c. Middlesex, The jurors for our lord the King upon their to wit. Joath present, that A. late of Westminster, in the county of Middlesex, mariner, heretofore, to wit, on the first day of May, in the ninth year of the reign, &c. the said A. then being master of a certain merchant vessel called the and being then abroad with the said vessel upon the high seas, about half a league distant from [wherever the place may be,] in parts beyond the seas, to wit, at Westminster, in the county of Middlesex aforesaid, he the said A. then and there being and acting as such master of the said merchant vessel, and during the time of his being abroad as aforesaid, on the Seaman. high seas as aforesaid, to wit, at Westminster aforesaid, in the county aforesaid, with force and arms, one B. then and 9 Geo. 4, c. 31. there being a man of and belonging to the said merchant vessel, on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county aforesaid, unlawfully and against the will of the said B., did then and there force on shore, [on the shore of - -] to wit, at Westminster aforesaid, in the county aforesaid, 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 required in this case is, that the defendant forced B. on shore, the defendant being at that time master of the merchant vessel mentioned in the indictment, and that B. was a sailor belonging to the merchant vessel. Indictment for leaving a Sailor behind, &c. Middlesex, The jurors, &o. that A., late of Westminster, to wit. in the county of Middlesex, mariner, heretofore, to wit, on, &c. the said A. then being master of a certain merchant vessel called the and being abroad with the said vessel upon the high seas, about half a league distant from the [island of Jamaica in the West Indies,] being one of the colonies of our said lord the King, in parts beyond the seas, to wit, at Westminster aforesaid, in the county aforesaid, he the said A. then and there being and acting as such master of the said merchant vessel, and during the time of his being abroad as aforesaid, on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county of Middlesex aforesaid, with force and arms, one B. then and there being a man of and belonging to the said merchant vessel on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county aforesaid, unlawfully and against the will of the said B. then and there did leave behind, to wit, at Westminster aforesaid, in the county aforesaid, against the form of the statute, &c. [as in last precedent.1 Evidence. Similar evidence of the defendant being the master of the merchant vessel is required here, and of B. being a seaman |