ment by. Servants, Clerks, bezzled] and that the said A. so being such clerk as aforesaid, &c.; Larcenies having so received and taken into his possession the said [bank and Embezzle- notes] for, in the name and on the account of his said master, afterwards, to wit, on the same day and year aforesaid, the same did fraudulently and feloniously embezzle; and so the 7&8 G. 4, c. 29. the said A. on the said jurors aforesaid, upon their oath aforesaid, do say, that he day of of the year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, in manner and form aforesaid, the said [bank notes] from his said master, the said bank notes being on the same day and year aforesaid, the property of his said master, for, in the name of, and on whose account the same were received by and taken into the possession of him the said A. being such clerk as aforesaid, feloniously did steal, take and carry away, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. Second Count: Common larceny. Evidence. The chief heads of evidence in this case are:-1. The service; 2. The receipt of the articles by virtue of the prisoner's employment; 3. The receipt on account of the master; 4. The offence, namely, the embezzlement. 1. A servant. Although the receipt of money be not the usual employment of the servant, and although the servant be only occasionally employed, the offence may be committed. 2. By virtue of the employment. This must be shown, and it was so held in the case of the apprentice. Russ. & Ry. 80, Rex v. Mellish. 3. That the money was received on the master's account.— And it was held that money was so received, although the master gave it to a customer for the purpose of trying the servant's honesty. 2 Leach, C. C. 912, Rex v. Whittingham. 4. The embezzlement. This is evidenced by the prisoner not having accounted for the money to his master; by his ab. sconding, together with other circumstances, which may satisfy the jury of his fraudulent intention. On referring to the 48th section above set out, it will be found that the difficulty of identifying the property stolen has been considerably lessened, especially with regard to the embezzlement of coin. SEWERS, COMMISSIONERS OF. CRIMINAL JUSTICE ACT. 7 Geo. 4, c. 64. Sewers, Commissioners of. 7 Geo. 4, c. 64. Sect. XVIII. And, with respect to property under com- In indictments missioners of sewers, be it enacted, That in any indictment for offences committed on or information for any felony or misdemeanor committed on sewers, the or with respect to any sewer or other matter within or under property may the view, cognizance or management of any commissioners of be laid in the sewers, it shall be sufficient to state any such property to commissioners. belong to the commissioners of sewers, within or under whose view, cognizance or management any such things shall be, and it shall not be necessary to specify the names of any of such commissioners. SHIPS. Ships. The 22 & 23 Car. 2, c. 11, s. 12; 1 Anne, st. 2, c. 9, as to the casting away of ships; 24 Geo. 2, c. 45; 33 Geo. 3, c. 67, s. 5 & 6; 43 Geo. 3, c. 113, repealed by 7 & 8 Geo. 4, c. 27. of LARCENY ACT. 7 & 8 Geo. 4, c. 29. 7& 8 G. 4, c. 29. Sect. XVII. And be it enacted, That if any person shall Stealing goods steal any goods or merchandize in any vessel, barge or boat from a vessel in any description whatsoever, in any port of entry or dis- a port, river or canal, &c. charge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port, river or canal, or shall steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last-mentioned. Ships. 7 & 8 G.4, c. 30. Setting fire to or destroying a ship. Damaging a ship otherwise than by fire. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. IX. And be it enacted, That if any person shall unlawfully and maliciously set fire to, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon. Sect. X. And be it enacted, That if any person shall unlawfully and maliciously damage, otherwise than by fire, any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same, or to render the same useless, 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. Note.-A capital felony is again done away with, under the 17th section of the new Larceny Act; and, when it is remembered that the stealing goods from vessels in a navigable river seldom failed to bring upon the offender the utmost severity of the law, it is gratifying to record so striking a relaxation of extreme punishment. See East. P. C. 647, Rer v. Grimes, Rex v. Pike; Russell & Ryan, 92, Rex v. Madox; Id. 118, Rex v. Van Muyen; Id. 123, Rex v. Curling. Where the ship was stranded upon a rock, and, being got off, was easily righted, a party was acquitted upon a charge of casting away and destroying the vessel. De Londo's Case, East. P.Č. 1098. It is observable, that the words now employed include insurances upon the freight as well as upon the ship. See Pow's Case, East. P. C. 1099; 1 Leach, 54. And under the general description of "person," masters, owners and mariners are included, as under one common appellation. Indictment for Larceny on a Navigable River, from a Lock, Middlesex, The jurors for our lord the King upon their in the county of labourer, on, &c. at the parish aforesaid, in the county aforesaid, [divers, to wit, &c. the goods stolen] of the value of pounds, of the goods and merchandizes of one B. in a certain ship, called the upon the navigable river Thames, then and there being found [or, from a certain dock [wharf] [quay] there situate* and adjacent to the navigable river Thames, then and there being found,] then and there in the same ship feloniously did steal, take and carry away, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. Evidence. In these cases you must show that the prisoner committed the larceny in the ship, and that the ship was upon the Thames; and further, that the property stolen belonged to B. Το prove the stealing from a dock, &c. the same course pursued; you must show the ownership of the goods; that they were taken from the dock or wharf by the prisoner, &c. and that such dock, &c. was situate as described in the indictment, and that it adjoined the navigable river there mentioned. Ships. 7 & 8 G.4, c.30. Indictment in the Admiralty Court, for the wilful Destruction * Material. L Ships. 7 & 8 G. 4, c. 30. England, and about a league distant from —was on board a vessel, called the of and belonging to one B. and then and there being on a voyage from -to which said vessel was then and there insured for - pounds, by one C. and [the names of the other underwriters] who had before that time severally underwritten a policy of insurance on the said vessel, and that the said A. with force and arms, on, &c. on the high seas, within the jurisdiction aforesaid, and about a league distant from as aforesaid, feloniously, unlawfully and maliciously made and caused to be made divers holes in and through a certain part of the said vessel, by means whereof the sea then and there entered, filled and sunk the said vessel, and that the said A. thereby then and there feloniously, unlawfully and maliciously destroyed the said vessel, with intent thereby then and there to prejudice the said C. [&c. the underwriters] who had so underwritten the said policy of insurance on the said vessel as aforesaid, and were then and there severally and respectively insurers of the said vessel; against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity. Note. You may lay the intent in a second count to have been to prejudice an owner or part-owner of the vessel; and in a third, to prejudice the owner of goods on board of the vessel; and you may lay the offence to have been committed differently in other counts, as by fire, casting away, &c. See Crown Circuit Companion, p. 486. Evidence. You must show in this case the felonious act of the prisoner on the high seas, whether it be the burning, or casting away of the ship, &c. and the ownership of the vessel, if the intent were the defrauding of such owner; where the intent has been to defraud underwriters, you must show that the ship has sailed on her voyage, and the policy must be produced, with the subscriptions of C. and the other underwriters upon it, in the usual form. The prisoner may impeach the insurance, by showing that the risk had never begun, so that the underwriters could not have been injured; or, in justification of his conduct, he may show that the destruction of the vessel arose from inevitable necessity; and if he prove that his intent was any other than to destroy or damage the vessel, the jury must acquit him. |
