Page images
PDF
EPUB

Women.

Evidence. Upon this indictment you must show the delivery of the 9 Geo. 4, c. 31. defendant, and that the child was dead at the time of commit

ting the offence, and then the means employed by the defendant to conceal the birth must be proved. On the part of the defendant, proof may be adduced that the woman made preparations for her confinement, that she communicated the circumstances of her pregnancy to persons not implicated in the concealment, &c. 1 Russ. C. & M.476, Rex v. Southern.

It has been held, that the throwing of a bastard child down a privy, was evidence of an endeavour to conceal the birth. Russ. & Ry. 337, Rex v. Cornwall.

And see also upon this subject, Russ. & Ry. 240, Rer v.
Maynard 2 Leach, C. Cases, 1095, Rer v. Ede.

Wrecks.

WRECKS. The 13 Anne, c. 21, vulgo 12 Anne, st. 2, c. 18, s. 4 & 5; 26 Geo. 2, c. 19, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY Act.

7 & 8 G.4,c. 29.

7 & 8 Geo. 4, c. 29. Plundering any

Sect. XVIII. And be it enacted, That if any person shall part of the tackle plunder or steal any part of any ship or vessel which shall be or cargo of a

in distress, or wrecked, stranded or cast on shore, or any shipwrecked vessel.

goods, merchandize or articles of any kind belonging to such

ship or vessel, every such offender, being convicted thereof, Proviso.

shall suffer death as a felon : Provided always, that when articles of small value shall be stranded or cast on shore, and shall be stolen without circumstances of cruelty, outrage or violence, it shall be lawful to prosecute and punish the offender as for simple larceny; and, in either case, the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next

adjoining. Persons in pos.

Sect. XIX. And be it enacted, That if any goods, merchan-
session of ship- dize or articles of any kind, belonging to any ship or vessel in
wrecked goods, distress, or wrecked, stranded or cast on shore as aforesaid,
not giving a
satisfactory ac-

shall, by virtue of a search warrant, to be granted as herein-
after mentioned, be found in the possession of any person, or

[ocr errors]

count.

on the premises of any person with his knowledge, and such Wrecks. person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the 7& 8G. 4, c. 29. same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

Sect. XX. And be it enacted, That if any person shall offer If any person or expose for sale any goods, merchandize or articles whatso- offers shipever, which shall have been unlawfully taken, or reasonably for sale, the

wrecked goods suspected so to have been, from any ship or vessel in distress, goods may be or wrecked, stranded or cast on shore as aforesaid, in every seized, &c. such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on convicition of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

Malicious INJURIES Act.
7 & 8 Geo. 4, c. 30.

7 & 8G. 4, c. 30. Sect. XI. And be it enacted, That if any person shall ex- Exhibiting false hibit any false light or signal, with intent to bring any ship or signals to a ship, vessel into danger, or shall unlawfully and maliciously do any

&c.; destroying

a shipwrecked thing tending to the immediate loss or destruction of any ship vessel or cargo, or vessel in distress, or destroy any part of any ship or vessel &c.

IVrecks. which shall be in distress, or wrecked, stranded or cast on

shore, or any goods, merchandize or articles of any kind be7 & 8 G.4, c. 30. longing to such ship or vessel, or shall by force prevent or

impede any person endeavouring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same,) every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Note. These provisions tally very nearly with those which have been repealed, except that the 19th section of the new Act above mentioned, concerning the satisfying the justice of the lawful possession of shipwrecked goods, was no part of the old law.

Indictment for Plundering a Wreck.
Kent, ] The jurors for our lord the King upon their oatb

to wit. present, that heretofore, to wit, on, &c. at the parish aforesaid, in the county aforesaid, a certain ship called

the property of a person or persons to the said jurors unknown, was wrecked, stranded and cast on shore at the parish of

in the county of and that A., late of the parish of in the county of ·labourer, afterwards, to wit, on the same day in the year aforesaid, with force and arms at the parish aforesaid, in the county aforesaid, feloniously did plunder, steal, take and carry away [one cask of rum, of the value of twenty pounds] [state the goods taken] then and there being certain goods and merchandizes, the property of a person or persons to the said jurors aforesaid as yet unknown, from and belonging to the said ship so then and there being wrecked, stranded and cast on shore as aforesaid, against the form of the statute, &c. and against the peace, &c.

Evidence. For the purpose of sustaining this indictment, it must be shown, that the ship in question was wrecked. If the name of the owner be known, the indictment as above laid will fail ; for where there were two counts, one laying the property in A. and the other in persons unknown, and the name of the owner could not be proved, because the witness did not remember the christian name, Lord C. B. Richards would not permit the second count to be proceeded upon, because the owner was not unknown. Holt, N.P.C. Robinson's Case. The ship or

goods, therefore, if known to have belonged to any particular Wrecks. person should be so stated. The plunder of the goods should next be proved, and that the prisoner was concerned in the

7 & 86.4, c.30. transaction.

Indictments for Malicious Mischiefs under the 11th Section of

the 7 & 8 Geo. 4, c. 30.

1. Exhibiting u False Light or Signal. Kent, ] The jurors for our lord the King upon their to wit. Joath present, that A., late of the parish of - in the county of on &c. at the parish aforesaid, in the county aforesaid, a certain false light [signal] feloniously did exhibit, with intent then and there, and by the means aforesaid, to bring into danger a certain ship, of and belonging to some person to the said jurors unknown, which said ship was then and there sailing on the high seas, to wit, at the parish aforesaid, in the county aforesaid, against the form of the statute, &c. and against the peace, &c.

Evidence. The proof necessary to convict the prisoner upon this indictment seems to be, that he exhibited the false light or signal, and that his intent was to bring the ship in question into danger, which may be evidenced by her being near the shore, or other circumstances, as the case may be.

Indictment for Destroying Goods belonging to a Wrecked Vessel.

Kent, The jurors, &c. that A. late of, &c. on, &c. with to wit. } force and arms, at, &c. [certain goods, &c.] of a large value, to wit, of the value of pounds, of and belonging

to a certain ship, the property of some person to the said jurors unknown, which said ship was then and there wrecked, stranded and cast on shore, feloniously, unlawfully and maliciously did destroy, against the form of the statute, &c. and against the peace, &c.

Evidence, Here, as in the last case, the stranding of the ship must appear, and then the prisoner's guilt in destroying goods which belonged to the vessel. Care must be taken to vary the indictment should the name of the owner of the goods be

known.

county of

Wrecks.
Indictment for forcibly endeavouring to hinder a shipwrecked

Man from escaping. 7 & 8G.4,c. 30. Kent, 1 The jurors for our lord the King upon their oath

to wit. ) present, that A., late of the parish of - in the

mariner, on, &c. at the parish aforesaid, in the county aforesaid, a certain person to the jurors unknown [or one B.) feloniously and by force did impede and obstruct, which said person was then and there endeavouring to save his life by escaping from a certain ship of and belonging to some person to the said jurors unknown, and then and there wrecked, stranded and cast on shore, against the form of the statute, &c. and against the peace, &c.

Evidence. Having proved the accident to the ship, namely, her being wrecked, the prisoner must be shown to have hindered some person from escaping, or to have endeavoured to do so. Should the name of the person or the owner of the ship be known, the indictment and proof will of course vary.

Writing.

WRITING.
See title Realty, ante, p. 183, 184.

« EelmineJätka »