fuable security, or other property whatsoever, the stealing or 9 G. 4, c. 55. unlawfully taking whereof is made punishable by indictment, or received United Kingdom shall have them in part of the another. by any of the provisions of this act, in any one part of the offenders United Kingdom, shall afterwards have the same property in having stolen his posession in any other part of the United Kingdom, he may goods in one be dealt with, indicted, tried and punished for such offence, under this act, in that part of the United Kingdom where he so have such property, in the same manner as if he had actually stolen or unlawfully taken it as aforesaid, in that part of the United Kingdom; and if any person in any one part of the United Kingdom shall receive. or shall have any chattel, money, valuable security, or other property whatsoever, which shall have been stolen, or otherwise unlawfully taken as aforesaid, in any other part of the United Kingdom, such person, knowing the said property to have been stolen, or otherwise unlawfully taken, as aforesaid, he may be dealt with, indicted, tried, and punished for such offence in that part of the United Kingdom where he shall so receive or have the said property, in the same manner as if it had been originally stolen or unlawfully taken, as aforesaid, in that part of the United Kingdom,(a) "such" in 9 5 & 6 Will. 4, c. 34, s. 2. [Recites the first enactment in Omission of 9 Geo. 4, c. 55, 9. 50, and the omission of the word "such" the word between "any" and "offence."] Be it enacted that the herein- G. 4, c. 55, 6. before recited clause of the said act of parliament shall be deemed, 50, supplied. construed, and taken to have such and the same effect to all intents and purposes whatsoever, as if the said word "such" had been originally inserted between the said words" any" and "offence." perty in evidence (a) "The finding of stolen property on the prisoner, recently Finding of after the taking, is evidence of the larceny having been committed stolen proby him as it is of burglary, if the goods had been burglariously prisoner's taken, and sufficient to call on him to account for his possession. possession, Yet, in the case of a bank note, such finding, if evidence at all, is against him. too slight to found a verdict; for the note passes easily and quickly from hand to hand, without examination; and people are not to be expected to mark each note, or to be able to show from whom it has been received. If indeed the note were of large amount, it might be otherwise." [In this case it was only for one pound.] Per Burton, J.; Rex v. Atkinson, Armagh Spr. Ass. 1825. and imme By Rex v The prisoner found a check on the bank in the The finding street, which he afterwards applied to his own use, without making of a chattel, any inquiries concerning it. Being convicted of felony, the diately concase was reserved for the consideration of the twelve judges, who verting it to upheld the conviction, and took the distinction to be;-that when his own use, without a person finding an article, immediately resolves to convert it to making inbis own use, and does so, without making any effort to discover quiry as to the owner, is the true owner, that is felony. But it would be otherwise, if the evidence of intention to convert had not arisen until after the finding, when a felonious it would only have amounted to a breach of trust. Cited by Greene, Recorder of Dublin, in Rex v. M'Gowan, June, 1824. Accordingly, where the prisoner, a young girl, found in the taking. menacing with intent to rob, &c.; Robbery from 9 Geo. 4, c. 55, s. 6.—That if any person shall rob any other the person: person of any chattel, money, or valuable security, every such felony, death. offender, being convicted thereof, shall suffer death as a felon, Stealing from and if any person shall steal any such property from the person the person, or of another, or shall assault any other person with intent to rob assaulting or him, or shall with menaces or by force demand any such prod perty of any other person, with intent to steal the same, every such offender shall be guilty of felony, and being convieted thereof shall be liable, at the discretion of the court, to be trause ported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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. felony, transportation, &c. Obtaining money, &c. by threatening to accuse a party of an infamous crime. Sending let ters containing menacing demands, or threatening to accuse a Aliter if the conversion diate on the 7. That if any person shall accuse or threaten to accuse any other person of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from him, and shall, by intimidating him by such accusation or threat, extort or gain from him any chattel, money, or valuable security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly. 8. That if any person shall knowingly send or deliver any letter or writing demanding of any person, with menaces, and without any reasonable or probable cause, any chattel, money, or valuable security, or if any person, with a view or intent to extort or unlawfully gain any money or chattel or valuable se street a sealed parcel, which she carried home to her mother, who immediately broke it open and took out a five pound note, be not imme- which she handed to the prisoner to get changed, and which the latter effected by means of a false representation ;-MOORE, J. directed the jury to acquit the prisoner of the larceny with which she was charged. Drogh. Spr. Ass. 1831. finding. An indictment for stealing silver, in the county of ported by proof of a stealing of silver spoons Rex v. M'Aleece, Antrim Spr. Ass. 1818. The prisoner was indicted for stealing from a dwelling-house one pound weight of silver, value forty shillings. The evidence was of a burglary in the county of Antrim, and a stealing of silver spoons. Part A. is not sup- of these, broken in pieces, was offered for sale by the prisoner to a watchmaker at Magherafelt, in the county of Derry. The prisoner, on being questioned, fled; and afterwards gave a false in the county account of himself. It occurred to the learned judge (MAYNE, of 4. which, J.) that there was a variance; and that the evidence, being of a being after wards broken stealing of spoons, did not support the indictment; the presumption being, that they were not changed into broken silver until about to be sold in the county of Derry. The point was reserved county of D. for the consideration of the judges, and the prisoner was afterwards discharged. Mayne MSS. up, were offered for sale in the curity, shall accuse or threaten to accuse, or shall knowingly 9 G. 4, c. 55. send or deliver, or directly or indirectly cause to be received, infamous &c. any letter or writing accusing or threatening to accuse any per- party of an son of any crime punishable by law with death, transporta- crime, to extion, or spillory, or of any assault with intent to commit any tort money, rape, vor of any attempt or endeavour to commit any rape, or 1. of any infamous crime, as hereiu-after defined, every such offender shall be guilty of felony, and being convicted thereof shall be diable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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. 1 an infamous 159. And for defining what shall be an infamous crime within What shall the meaning of this act, be it enacted, that the abominable be deemed crime of buggery, committed either with mankind or with beast, and crime. every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this act. (a) [Accessaries, p. 9. Admiralty offences, p. 14. Pardon, p. 12, Removing goods from one part of the United Kingdom to another, p.9. Restitution, p. 14. "Valuable Security," its meaning, p. 2.] (a)"On an indictment for robbery, the prisoner may be acquitted of the force and violence, and found guilty of the larPer Johnson, J.; in Rex v. M'Kenna, Louth Spr. ceny." Rex ན་ལྟར་ v. Quail and two others, Armagh Spr. Ass. 1823. Robbery. It appeared in evidence that the prosecutor and the prisoners had been drinking together in a public house, on the night of the robbery. The prosecutor left the house alone, and proceeded homeward, the prisoners remaining in the house; when he had gone about a quarter of a mile, he was overtaken and robbed by Quail, whom he fully identified; he did not see the other prisoners at the time of the robbery; part of the property taken however, was found a few days afterwards in their possession. The jury found Quail guilty of robbery, and the other two of larceny. Hutton, for the prisoners, moved in arrest of judgment, and objected that the verdict was inconsistent, and that in no view of the case, whether regarding the two as principals, or accessaries in the transaction, could they be found guilty of simple larceny. SMITH, B. sentenced Quail to transportation, and the two others to imprisonment; but, entertaining doubts upon the point, reserved it for the judges; who, upon considering it, were of opinion that the finding against the two prisoners was Treasons, felonies, &c. committed on sea, shall be tried under an admiralty commission, as if committed on land. A feme covert may be con victed of a robbery committed in the presence of her hus-, band, if it appear that she acted without coercion. Piracy and other Offences connected with Shipping! 11, 12, & 13 Jac. 1, c. 2, (a) s. 1.-Whereas traytors, pirates, theeves, robbers, murderers, and confederators upon the sea, many times escape unpunished because the trialk of their offences hath heretofore been ordered, judged, and determined before the admiral, or his lieutenant, or commissarie, after the course of the civil lawes; the nature whereof is, that before any judgment of death can be given against the offendors, either they must plainely confesse their offences, which they will never doe without torture or paines, or else their offences be so plainly and directly proved by witnesses indifferent, such as saw their offences committed, which can seldome be gotten bat by chance, because such offendours commit their offences upon the sea, and many times murder and kill such persons being in the shippe or boate where they commit their offences, which should witness against them in that behalf; and also such as should beare witnesse be commonly marrinors and shipmen, which, because of their often voyages and passages on the seas, are uncertain to be found when their testimonies should be had and used in such cases; for reformation whereof, be it, &c. that all treasons, felonies, robberies, murders, and confederacies, hereafter to be committed in or upon the sea, or in any other haven, river, creek, or place, where the admiral or admirals have, or pretend to have power, authority, or jurisdiction, shall be inquired, tryed, heard, determined, and judged in such shires and places in this realm, as shall be limited by the king's commission or commissions, to be directed for the same, in like forme and condition, as if any such offence or offences had been committed or done in or upon the land; and such commissions shall he had under the king's great seal of this realm, directed to the admiral improper, and accordingly recommended that they should have a free pardon. The Rex v. Stapleton and Wife, Carlow Sum. Ass. 1828. prisoners were indicted for robbery, in which the wife appeared to have taken an active part. BUSHE, C. J. left the question of coercion to the jury, who found both prisoners guilty. The point was reserved for the consideration of the judges, who held, that the presence of the husband afforded only presumptive evidence of coercion of the wife, which was capable of being repelled by other evidence. Some of the judges doubted whether this privilege of a femme covert existed in any case attended with violence to the person. The conviction was sustained. (a) Entitled "An act for punishing of pirats and robbers on the sea." J. 1, c. 2. or admirals, or to his or their lieutenant-general, deputie or de- 11, 12, & 13, puties, and to three or four such other substantiall persons as shall be nominated or appointed by the lord chancellor of Ireland, for the time being, from time to time and as often as need shall require, to heare and determine such offences after the course of the common laws of this realm, used for treasons, fellonies, robberies, murders, and confederacies done and committed upon the land within this realm. : b42. That such persons to whom such commission or commis. sions shall be directed, or four of them at the least, shall have full power and authority to inquire of such offences, and of every of them, by the oathes of twelve good and lawful inhabitants in the shire, limited by their commission, in such like manner and forme as if such offences had been committed upon the land within the same shire: and that every indictment found and presented before such commissioners, of any treason, fellonies, robberies, murders, manslaughters, or such other offences committed or done, in or upon the seas, or in or upon any haven, river, or creek, as aforesaid, shall be good and affectual in the law and if any person or persons happen to be indicted for any such offence done, or hereafter to be done upon the seas, or in any other places above limited, that then such order, process, judgment, and execution shall be used, had, or done, and made to and against every such person and persons so being indicted, as against traitors, felons, and murderers, for treason, felonie, robberrie, murder, or other such offences done upon the land, as by the lawes of the realm is accustomed, and that the triall of such offence or offences, if it be denied by the offendour or offendours, shall be had by twelve lawfull men inhabiting in the shire limitted with such commission, which shall be directed as aforesaid, and no challenge or challenges to be had for the hundred; and such as shall be convict of any such offence or offences by verdict, confession, or process, by authority of any such commission, shall have and suffer such pains of death, losses of lands, goods, and chattles, as if they had been attainted and convicted of any treason, fellonies, robberies, or other the said offences done upon the land. 3. That for treasons, robberies, felonies, murders, and confederacies, done upon the sea or seas, or in any place above rehearsed, the offendors shall not be admitted to have the benefit of his or their clergie, but be utterly excluded thereof and from the same, and also of and from the privilege of any sanctuary. 4. Provided alway, that this act extend not to be prejudiciall or hurtfull to any person or persons for the taking any victualis, cables, ropes, anchors or sails, which any such person or persons, compelled by necessity, shall take of or in any shippe, which may conveniently spare the same; so as the same person or persons pay out of hand for the same victualls, cables, ropes, anchors, or sayles, money or money-worth, to the value of the The trial shall be by twelve shire limited in the com men of the mission. Benefit of clergy ex cluded. Not to prejudice persons taking victuals, &c. when in dispay the value. tress, if they |