Trees, Shrubs, &c. 7 & 8 G.4, c. 30. afterwards, and after the said conviction, to wit, on, &c. at, &c. was duly convicted, &c. [set out the second conviction and punishment]: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A, late of, &c. afterwards and after the said last mentioned conviction, to wit, on, &c. at, &c. one tree, of the value of, &c. * of and belonging to one B., then and there growing, feloniously did steal, take and carry away, against the form, &c. and against the peace, &c. Evidence. The evidence here consists in proving the convictions, either by the hand of the clerk of the peace, or by examined copies. The larceny of the other tree must be then proved in the usual way. Indictment for Malicious Damage to Trees, under the Malicious their Hertfordshire, The jurors for our lord the King upon Second Count: Stating the offence generally, without alleging it to have been done in any particular place, and being elsewhere than in a park; lay the damage at five pounds. Evidence. Here again you show that the trees were growing in B.'s garden, situate in the parish as laid, and that damage exceeding one pound was done to B.'s trees. You must then show that the prisoner maliciously perpetrated the damage laid to his charge by the indictment. Indictment for Malicious Damage to Trees, &c. where the Injury Trees, Shrubs, done exceeds One Shilling, the Third Offence. &c. Hertfordshire, The jurors, &c. that A., late of, &c. on, &c. to wit. Jat, &c. was duly convicted, &c. [state the first 7 & 8 G.4, c. 30. and second convictions, and punishments]: And the jurors aforesaid, upon their oath aforesaid, do further present, that that the said A., late of, &c. afterwards, and after the said last mentioned conviction, to wit, on, &c. at, &c.* one [tree] the property of one B., then and there growing, feloniously, unlawfully and maliciously did [cut] [break, &c.] doing damage then and there to the said B. to the value of five shillings,+ against the form of the statute, &c. and against the peace, &c. Evidence. The evidence required in this case is to prove the convictions, as mentioned before, and then to prove the third offence of malicious damage in the ordinary way. Trial. TRIAL. In Cases of Murder or Manslaughter. 3 Hen. 7, c. 14; 33 Hen. 8, c. 23, repealed by 9 Geo. 4, c. 31. LORD LANSDOWNE'S ACT. 9 Geo. 4, c. 31. 9 Geo. 4, c. 31. British subjects England for murder or manslaughter, committed abroad. Sect. VII. And be it enacted, That if any of his Majesty's may be tried in subjects shall be charged in England with any murder or manslaughter, or with being accessory before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the united kingdom, whether within the King's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the * Material. + Above one shilling. Trial. Proviso. same had been committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed 7 Geo. 4, c. 31. for trial, or admitted to bail to answer such charge, a commission of oyer and terminer under the Great Seal shall be directed to such persons, and into such county or place as shall be appointed by the Lord Chancellor, or Lord Keeper or Lords Commissioners of the Great Seal, for the speedy trial of any such offender; and such persons shall have full power to enquire of, hear and determine all such offences within the county or place limited in their commission, by such good and lawful men of the said county or place as shall be returned before them for that purpose, in the same manner as if the offences had been actually committed in the said county or place: Provided always, that if any peers of the realm, or persons entitled to the privilege of peerage, shall be indicted of any such offences, by virtue of any commission to be granted as aforesaid, they shall be tried by their peers in the manner heretofore used; provided also, that nothing herein contained shall prevent any person from being tried in any place out of this kingdom for any murder or manslaughter committed out of this kingdom, in the same manner as such person might have been tried before the passing of this Act. Provision for Sect. VIII. And be it enacted, That where any person, the trial of mur- being feloniously stricken, poisoned, or otherwise hurt upon der and man- the sea, or at any place out of England, shall die of such slaughter, where the death, or the stroke, poisoning or hurt in England, or being feloniously cause of death stricken, poisoned, or otherwise hurt at any place in England, only, happens in shall die of such stroke, poisoning or hurt upon the sea, or England. at any place out of England, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, enquired of, tried, determined and punished in the county or place in England in which such death, stroke, poisoning or hurt shall happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or lace. Variances between Records and Evidence. 9 Geo. 4, c. 15. In cases where a variance shall appear between written or the court may order the record by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for every court of record holding plea in civil actions, any judge sitting at nisi prius, and any court of oyer and terminer and general gaol delivery in England, Wales, the town of Berwick-upon-Tweed and Ireland, if such court or judge shall see fit so to do, to cause the record on which any trial may be pending before any such judge or court in any civil printed evidence action, or in any indictment or information for any misde- and the record, meanor, when any variance shall appear between any matter in writing or in print produced in evidence and the recital or to be amended setting forth thereof upon the record whereon the trial is on payment of pending, to be forthwith amended in such particular by some costs. officer of the court, on payment of such costs (if any) to the other party as such judge or court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at nisi prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon the papers, rolls and other records of the court from which such record issued, shall be amended accordingly. WILLS. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Wills 7&8 G. 4, c. 29. Sect. XXII. And be it enacted, That if any person shall The stealing, either during the life of the testator or testatrix, or after his or &c. of wills. her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, Misdemeanor. and being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last Punishments. mentioned; and it shall not in any indictment for such offence Wills. be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of any 7 & 8 G.4,c.29. value. Note. The provision, that the property in wills need not be laid in the indictment, is again introduced here, and it is clear, that the legislature contemplates the taking of writings relating to property as a general evil. But it is nevertheless declared, that the party aggrieved may have his action at law or in equity, notwithstanding the act, so that the conviction of an offender shall not be produced against the same defendant; and, moreover, that he shall not be convicted of the misdemeanor, if he shall have previously disclosed, upon oath, the act of which he may have been guilty, by virtue of some compulsory, legal or equitable process, or before commissioners of bankrupt. See title REALTY, ante, p. 183, 184. Hertfordshire, Indictment for Stealing a Will. 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, a certain [will] [codicil] [testamentary instrument] of one B. then and there being found [unlawfully did steal, take and carry away] [unlawfully and fraudulently did destroy] [or, conceal] against the form of the statute, &c. and against the peace of our said lord the King, &c. Witness. Evidence. The prosecutor must prove that the defendant stole the will of B. or that the defendant fraudulently destroyed or concealed it. The defendant, in his turn, may rely upon the twentyfourth section of the statute, if his case be within it. See ante, p. 184. WITNESS. See EVIDENCE. |