« EelmineJätka »
parish aforesaid, in the county aforesaid, did feloniously Child Stealing. receive and harbour the said (boy), so sled, &c.] as aforesaid, with intent, certain articles, to wit, &c., of great value, to 9 G. 4, c. 31, wit, &c., then and there being upon and about the person of the said B., feloniously to steal, take and carry away, he the said A. knowing that the said B. had been so [led, &c.] as aforesaid, to wit, at the parish aforesaid, in the county aforesaid, against the form of the statute in such case made and provided, and against the peace of our said lord the King, his crown and dignity
Evidence. To sustain this charge, the taking away of the child by C., or some other person, together with the child's age, being under ten must be shown. You then must show the intent of the original felon, as stated in the indictment, which will be evidenced in general by circumstantial proof only. Having done this, the offence of the prisoner by receiving and harbouring the child must be proved. The intent and guilty knowledge of the prisoner completes the necessary proofs, and these last matters will frequently appear in the course of the trial in a variety of ways. Some evidence, however, of such intent and guilty knowledge must transpire, in order to satisfy the jury, but they may often be presumed from the demeanor of the prisoner at the time of finding the lost child, &c,
Note.—That this statute does not extend to persons taking their illegitimate children, nor to such as have a right to the possession of the child in question.
CLERGY, BENEFIT OF,
Clergy, CRIMINAL JUSTICE Act.
Benefit of. 7 & 8 Geo. 4, c. 28.
7 & 8 G.4, c. 28. Sect. VI. And be it enacted, That benefit of clergy, with Benefit of clergy respect to persons convicted of felony, shall be abolished; abolished. but that nothing herein contained shall prevent the joinder in any indictment of any counts which might have been joined before the passing of this Act.
Note. As clergyable offences might have been joined on Benent of. many occasions under the old law, with felonies excluded
from clergy, this section ex majori cautela, declares in effect 7&86.4, c. 28.
that capital may still be joined with other felonies in cases where they might have been so united before the passing of this Act.
COMMENCEMENT OF ACTS.
7 & 8 Geo. 4, c. 29, s. 1; id. c. 31, s. 1; id. c. 27, s. I.
Note.-1. The Larceny Act took effect from the 1st of July, 1827.
2. So also the Act for Regulating the Remedies against the Hundred.
3. The Repealing Act, from the 30th June 1827.
4. The first Administration of Criminal Justice Bill, from the day of its date, 26th May, 1826.
7 & 8 Geo. 4, c. 28, s. 16; id. c. 30, s. 1. 5. The second from the 1st of July 1827. 6. The Malicious Injuries Act from the 1st of July, 1827. 7. Lord Lansdowne's Act commenced on the 1st July
9 Geo. 4, c. 31.
Certain Acts repealed by 9 Geo. 4, c, 31 ; by Sect. I. of that Act . . .“ shall continue in force until and throughout the last day of June in the present year, and shall from and after that day, as to that part of the United Kingdom called England, and as to offences committed within the jurisdiction of the Admiralty of England, be repealed, except so far as any of the said Acts may repeal the whole or any part of any other Acts, and except as to offences committed before or upon the said last day of June, which shall be dealt
with and punished as if this Act had not been passed ; and Commencement
this act shall commence and take effect (except as is hereinof this Act. before excepted) on the first day of July in the present
The 4 Wm. & Mary, c. 8; 10 & 11 Wm. 3, c. 23; 5 Anne c. 31; 6 Geo. 1, c. 23; 25 Geo. c. 36, 1; 27 Geo. 2, c. 3, s. 3; 58 Geo. 3, c. 70, repealed by 7 Geo. 4, c. 64.
CRIMINAL JUSTICE ACT.
7 Geo. 4, c. 64. Sect. XXVIII. And, for the better remuneration of persons Courts may who have been active in the apprehension of certain offenders, be order compenit enacted, That where any person shall appear to any court of sation to those
who have been oyer and terminer, gaol delivery, superior criminal court of a active in the county palatine, or court of great sessions, to have been active apprehension in or towards the apprehension of any person charged with of certain of
fenders. murder, or with feloniously and maliciously shooting at, or
(4 W. & M. attempting to discharge any kind of loaded fire-arms at any c.8, s. 1; other person, or with stabbing, cutting or poisoning, or with 10 & 11 W.3, administering any thing to procure the miscarriage of any c. 23, s. 1, 2;
5 Anne, c. 31, woman, or with rape, or with burglary or felonious house
s.l; breaking, or with robbery on the person, or with arson, or 14 Geo. 2, c. 6; with horse-stealing, bullock-stealing, or sheep-stealing, or 58 Geo. 3, c. 70; with being accessory before the fact to any of the offences s. 4 & 5, aforesaid, or with receiving any stolen property, knowing the repealed.) same to have been stolen, every such court is hereby authorized and empowered, in any of the cases aforesaid, to order the sheriff of the county, in which the offence shall have been committed, to pay to the person or persons, who shall appear to the court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his her or their expenses, exertions and loss of time in or towards such apprehension; and where any person shall appear to any court of sessions of the peace, to have been active in or towards the apprehension of any party charged with receiving stolen property knowing the same to have been stolen, such court shall have power to order compensation to such person
Compensation. in the same manner as the other courts hereinbefore men
tioned : Provided always, that nothing herein contained shall 7 Geo. 4, c. 64. prevent any of the said courts from also allowing to any such
persons, if prosecutors or witnesses, such costs, expenses and compensation, as courts are by this Act empowered to allow
to prosecutors and witnesses respectively. Such orders to
Sect. XXIX. And be it further Enacted, That every ! be paid by the order for payment to any person in respect of such ap- i sheriff, who
prehension as aforesaid, shall be forthwith made out and immediate
delivered by the proper officer of the court unto such perrepayment on son, upon being paid for the same the sum of five shillings application to and no more; and the sheriff of the county for the time: the treasury. being is hereby authorized and required, upon sight of such (58 Geo. 3, c. 70. s. 5;
order, forthwith to pay to such person, or to any one duly 3 Geo. 1, c. 15. authorized on his or her behalf, the money in such order s. 4.)
mentioned ; and every such sheriff may immediately apply
money so by him paid, without any fee or reward whatsoever. 7 G. 4, c, 64.
Sect. XXX. And be it further enacted, That if any man shall If any man is happen to be killed in endeavouring to apprehend any person killed in
who shall be charged with any of the offences hereinbefore attempting to
last mentioned, it shall be lawful for the court before whom take certain offenders, the such person shall be tried, to order the sheriff of the county court may
to pay to the widow of the man so killed, in case he shall have order compen. been married, or to his child or children in case his wife shall sation to his family.
be dead, or to his father or mother in case he shall have left (58 Geo. 3, neither wife nor child, such sum of money as to the court in c. 70, s. 3.) its discretion shall seem meet; and the order for payment of
such money shall be made out and delivered by the proper officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheriff, in the manner hereinbefore mentioned.
Note. It is observable, that these sections speak of com. Compensation. pensation to persons active in the apprehension of offenders, a species of remuneration not at all analogous to the old system 7 Geo. 4, c. 64. of rewards, which permitted the sum awarded to be given only on conviction. It is, moreover, in the court's discretion how to direct both the reward itself and the specific sum. The crimes mentioned in the act, are murder, shooting, stabbing, cutting or poisoning, administering any thing to procure miscarriage, rape, burglary, felonious housebreaking, robbery on the person, arson, horse-stealing, bullock-stealing, sheepstealing ; being accessory before the fact to any of the above offences, and receiving goods knowing them to have been stolen, in which latter case the justices at session have a coexisting authority with the judges at assize, to award the compensation.
Note.—The practice of allowing summary convictions before magistrates, although by no means unknown under the old statutes, has, nevertheless, been considerably increased, and the power of the justice advanced, by the sections about to be given. It has been judged, and with much truth, that persons who lay in gaol for many weeks before their trial, for some petty theft, who might by possibility have been innocent of the charge against
them, whether guilty or not guilty, were injured in their health and morals by the society and confinement of a gaol, that a party who might in the first instance have been reclaimed by kind advice or moderate punishment, became familiarized with vice, and prepared for the commission of deeper crimes.
Now, therefore, that authority has been given to extend mercy where a fit object shall be found, to punish with moderation a young offender, or inflict a proportionate fine upon one more practised in guilt; it may be suggested, without fear of presumption, that under a wise dispensation of the law, a powerful check to the career of dishonesty has been already discovered.
The practical part of this jurisdiction now follows ; and it is observable that the provisions in the Larceny and Malicious Injuries Acts are the same.
First, as to the limitation of time, and the competency of witnesses.