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Wrecks.

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 These provisions tally very nearly with those which have been repealed, except that the 19th section of the new Act above mentioned, concerning the satisfying the justice of the lawful possession of shipwrecked goods, was no part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

in the county of

the parish of
to wit, on the same day in the year aforesaid, with force and
arms at the parish aforesaid, in the county aforesaid, felo-
niously 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

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

Indictments for Malicious Mischiefs under the 11th Section of the 7 & 8 Geo. 4, c. 30.

1. Exhibiting a False Light or Signal.

in

Kent, The jurors for our lord the King upon their to wit. oath present, that A., late of the parish of 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.

Wrecks.

7 & 8G. 4, c.30.

Wrecks.

7 & 8G.4,c. 30.

Indictment for forcibly endeavouring to hinder a shipwrecked
Man from escaping.

Kent, The jurors for our lord the King upon their oath to wit. present, that A., late of the parish of in the county of 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.

INDEX.

An Index to the Indictments and Evidence follows this Index.

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