8. From Mines. By 24 & 25 Vict. c. 96, s. 38, the ground, but at the time of the theft was in heaps, in order to be carried into the house :-Held, that" whosoever shall steal, or sever "with intent to steal, the ore of " any metal, or any lapis calamina"ris, manganese or mundick, or "any wad, black cawke or black " lead, or any coal or cannel coal, "from any mine, bed, or vein there 66 66 as there was no occasion to leave it in that state, it was not within the statute, which uses the words, "laid, placed or exposed, during any stage, process or progress of manufacture, in any building, field or other place." Rex v. Hugill, 2" of respectively, shall be guilty of Russ. C. & M. 245. felony, and, being convicted thereOn an indictment on 18 Geo. 2," of, shall be liable, at the discretion c. 27, for stealing calico placed to "of the court, to be imprisoned for be printed, &c., in a building made" any term not exceeding two years, use of by a calico printer, for print- "with or without hard labour, and ing, drying, &c. :--Held, that in or-" with or without solitary confineder to support the capital charge, "ment." (Previous enactment, 7 & it was necessary to have proved 8 Geo. 4, c. 29, s. 37.) that the building, from which the By s. 39, "whosoever, being emcalico was stolen, was made use of "ployed in or about any mine, shall either for printing or drying calico. "take, remove or conceal any ore Rex v. Dixon, R. & R. C. C. 53; 1" of any metal, or any lapis calamiEast, P. C. 512. naris, manganese, mundick or othBy 17 Geo. 3, c. 56, s. 10, it" er mineral found or being in such shall be lawful for any two justices," mine, with intent to defraud any upon complaint made to them up- proprietor of or any adventurer in on oath that there is cause to sus- "such mine, or any workman or pect that purloined or embezzled "miner employed therein, shall be materials, used in certain manufac-"guilty of felony." (2 & 3 Vict. c. tures, are concealed in any dwelling- 58, s. 10, Previous enactment. Punhouse, outhouse, yard, garden or ishment as in last section.) other place or places, to issue a search warrant for the search, in the daytime, of every such dwellinghouse, &c.; and if any such materials, suspected to be purloined or embezzled, are found therein, to cause the same, and the person in whose house, outhouse, yard, garden or other place they are found, to be brought before two justices; and if the person shall not give an account to their satisfaction of how he came by the same, he shall be adjudged guilty of a misdemeanor: -Held, that a warehouse occupied for business purposes only, and not within the curtilage of or connected with any dwelling-house, was a place within the section. Reg. v. Edmundson, 2 El. & El. 77; 5 Jur., N. S. 1351; 28 L. J., M. C. 213; 8 Cox, C. C. 212. It is not larceny for miners employed to bring ore to the surface, and paid by the owners according to the quantity produced, to remove from the heaps of other miners ore produced by them, and add it to their own, in order to increase their wages, the ore still remaining in the possession of the owners. Rex v. Webb, 1 M. C. C. 431. An indictment alleging, that A. B., C. D., and persons employed in a mine, in the parish of &c., in the county of Cornwall, did steal ore, the property of the adventurers in the said mine, then and there being found, does not sufficiently shew the ore to have been in the mine when stolen. Reg. v. Trevenner, 2 M. & Rob. 476-Cresswell. Where a prisoner was indicted in one count for stealing from the stealing from wharfs within the metropolis.) The luggage of a passenger going by a steamboat, was within the words "goods or merchandise” in 7 & 8 Geo. 4, c. 29, s. 17. Rex v. Wright, 7 C. & P. 159--Park and Alderson. mine of H. J. G. coal, the property | (See 2 & 3 Vict. c. 47, s. 30, for of H. J. G., and in the same count for stealing from the mines of thirty other proprietors coal, the property of each of such other proprietors, and it appeared that all the coal so alleged to have been stolen, had been raised at one shaft:-Held, first, that the prosecutor could not be called upon to elect on which charge he would go to the jury. Reg. v. Bleasdale, 2 C. & K. 765 --Erle. Held, secondly, that although, for the sake of convenience, in trying the prisoner the judge might direct the jury to confine their attention to one particular charge, yet that the prosecutor was entitled to give evidence in support of all the charges in the indictment. Ib. An indictment for stealing goods on a navigable river was not satisfied by evidence of a stealing on one of its creeks. Rex v. Pike, 1 Leach, C. C. 317; 2 East, P. C. 647. From Ships in Distress.]--By s. 64, "whosoever shall plunder or "steal any part of any ship or ves"sel which shall be in distress, or "wrecked, stranded or cast on "shore, or any goods, merchandise, Held, thirdly, that proof of such charges might be relied on, in order" or articles of any kind belonging to shew a felonious intent. 1b. 9. In Ships in Ports or on Naviga- 66 66 66 66 "to such ship or vessel, shall be guilty of felony ; 66 "And the offender may be in"dicted and tried either in the coun&"ty or place in which the offence shall "have been committed, or in any " county or place next adjoining.' (Former provision, 7 Will. 4 & 1 Vict. c. 87, s. 8. Punishment as in preceding section.) 10. Abroad or on the High Seas. If a person is apprehended in a borough for a larceny committed on the high seas, he may be tried for that larceny before the court of quarter sessions of the borough. Reg. v. Peel, L. & C. 231; 9 Cox, C. C. 220; 32 L. J., M. C. 65; 8 Jur., N. S. 1185; 11 W. R. 40; 7 L. T., N. S. 336. any haven, or in any port of entry "or discharge, or upon any naviga"ble river, or canal, or in any creek 66 or basin belonging to or communicating with any such haven, port, river or canal, or shall steal "any goods or merchandise from any dock, wharf, or quay adjacent to any such haven, port, river, canal, creek, or basin, shall be guilty of felony, and being con"victed thereof, shall be liable, at "the discretion of the court, to be kept in penal servitude for any "term not exceeding fourteen years, "and not less than five years (27 " & 28 Vict. c. 47), or to be imprisoned for any term not exceed ing two years, with or without If a larceny is committed out of "hard labour, and with or without the kingdom, though within the solitary confinement." (Former king's dominions (e. g. in Jersey), provision, 7 & 8 Geo. 4, c. 29, s. 17.) | bringing the things stolen into this 66 Piratically stealing a ship's anchor and cable was a capital offence by the marine laws, and triable under 28 Hen. 8, c. 15; 39 Geo. 3, c. 37, not extending to this case. Rex v. Curling, R. & R. C. C. 123. kingdom will not make it larceny " with or without hard labour, and here. Rex v. Prowes, 1 M. C. C." with or without solitary confine349; S. P., Reg. v. Madge, 9 C. & P. 29. 66 ment; Form of Indictment.]—" And in 11. Stealing or destroying Written In- « any indictment for any such of "fence relating to any document 66 struments. 66 mention such real estate or some "part thereof." (Former provision, 7 & 8 Geo. 4, c. 29, s. 23.) Valuable Securities.]-By 24 &" of title to lands, it shall be suffi25 Vict. c. 96, s. 27," whosoever "cient to allege such document to "shall steal, or shall for any fraud-" be or to contain evidence of the "ulent purpose destroy, cancel, or "title or of part of the title of the "obliterate the whole or any part person or of some one of the per"of any valuable security, other " sons having an interest, whether "than a document of title to lands, "vested or contingent, legal or "shall be guilty of felony, of the " equitable, in the real estate to same nature and in the same de-" which the same relates, and to gree, and punishable in the same manner as if he had stolen any "chattel of like value with the "share, interest, or deposit to which By s. 1, "the term 'document "the security so stolen may relate, "of title to lands' shall include or with the money due on the se- any deed, map, paper, or parchcurity so stolen, or secured there- " ment, written or printed, or part"by and remaining unsatisfied, or "ly written or partly printed, be "with the value of the goods or ing or containing evidence of the "other valuable thing represented,"title, or any part of the title, to "mentioned or referred to in or by any real estate, or to any interest "the security." (Former provision," in or out of any real estate." 7 & 8 Geo. 4, c. 29, s. 5.) 66 66 An indictment under this section Wills or Codicils.] - By s. 29, for stealing a valuable security," whosoever shall, either during the must particularise the kind of valu-"life of the testator or after his able security stolen; and any mate- death, steal, or for any fraudulent rial variance between the descrip-" purpose destroy, cancel, obliterate, tion in the indictment and the evi-" or conceal, the whole or any part dence, if not amended, will be fatal." of any will, codicil, or other testaReg. v. Lowrie, 1 L. R., C. C. 61; 36 L. J., M. C. 24; 15 W. R. 360; 15 L. T., N. S. 632. mentary instrument, whether the "the same shall relate to real or per "sonal estate, or to both, shall be "guilty of felony, and being con Deeds relating to Real Property.]"victed thereof, shall be liable, -By 24 & 25 Vict. c. 96, s. 28, "whosoever shall steal, or shall for any fraudulent purpose destroy, 66 "at the discretion of the court, to "be kept in penal servitude for life, or for any term not less than five 66 cancel, obliterate, or conceal the " years, or to be imprisoned for any whole or any part of any docu-"term not exceeding two years, 66 "with or without hard labour, and with or without solitary confine"ment; ment of title to lands shall be guilty of felony, and being con"victed thereof shall be liable, at "the discretion of the court, to be "And it shall not in any indict"kept in penal servitude for the "ment for such offence be necessa "term of five years (27 & 28 Vict." ry to allege that such will, codi"c. 47), or to be imprisoned for "cil, or other instrument is the any term not exceeding two years," property of any person." (Former 66 provision, 7 & 8 Geo. 4, c. 29, s. 23.)" public office, shall be guilty of If a defendant concealed a will, felony, and being convicted thereand the money which ought, by the" of shall be liable, at the discretion will, to have gone to A. & B., and" of the court, to be kept in penal with that money paid the debts of "servitude for five years (27 & 28 the husband of the next of kin, to "Vict. c. 47), or to be imprisoned whom he was a creditor, this was a "for any term not exceeding two fraudulent purpose, within 7 & 8 Geo. 4, c. 29, s. 23. Reg. v. Mor ris, 9 C. & P. 89-Alderson. 66 66 years, with or without hard labour, and with or without solitary confinement; and it shall not On an indictment on 7 & 8 Geo." in any indictment for such offence 4, c. 29, s. 23, for stealing writings" be necessary to allege that the relating to real estate, the jury "article in respect of which the of must be satisfied that the defendant" fence is committed is the property took them under such circumstan-" of any person." (Former provices as would have amounted to lar- sion, 7 & 8 Geo. 4, c. 29, s. 21.) ceny, if the writings had been the subject of larceny. Rex v. John, 7 C. & P. 324-Patteson. 66 66 66 66 66 66 Records or Legal Documents.]By s. 30, whosoever shall steal, or shall for any fraudulent purpose take from its place of depos"it for the time being, or from any person having the lawful custody "thereof, or shall unlawfully and maliciously cancel, obliterate, in'jure, or destroy the whole or any part of any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order or "warrant of attorney, or of any original document whatsoever of or belonging to any court of record, or relating to any matter, "civil or criminal, begun, depend"ing, or terminated in any such court, or of any bill, petition, an"swer, interrogatory, deposition, affidavit, order, or decree, or of any original document whatsoever of or belonging to any court of equity, or relating to any cause or "matter begun, depending, or ter"minated in any such court, or of any original document in any"wise relating to the business of any office or employment under "her Majesty, and being or remain"ing in any office appertaining to any court of justice, or in any of "her Majesty's castles, palaces, or 'houses, or in any government or 66 66 66 66 Before 7 & 8 Geo. 4, c. 29, stealing rolls of parchment was a larceny, although such rolls were the record of a court of justice, unless they concerned the realty. Rex v. Walker, 1 M. C. C. 155; but it was not so if they concerned the realty. Rex v. Westbeer, 2 Str. 1133. A commission to settle the boundaries of a manor is an instrument concerning the realty, and not the subject of larceny at common law. Rex v. Westbeer, 1 Leach, C. C. 13. Parish Registers.]- Indictment under 11 Geo. 4 & 1 Will. 4, c. 66, s. 20, for destroying, defacing and injuring a register of baptisms, marriages and burials. Objections: 1. That there was neither a destroying, defacing nor injuring, because the register, when produced, had the torn piece pasted in, and was as legible as before. 2. That the indictment was bad for uncertainty, for alleging three distinct and dif ferent offences. 3. For not containing an express averment of a scienter :-Held, indictment good on all points. Reg. v. Bowen, 1 Den. C. C. 22; 1 Č. & K. 501. 12. Stealing or destroying Trees, Shrubs, Vegetables and Fences. In Parks, Pleasure Grounds, or Orchards.]-By 24 & 25 Vict. c. 96, s. 32," whosoever shall steal, or shall cut, break, root up, or 66 66 66 of the injury done to two or more trees may be added together, provided the trees are damaged at one and the same time, or so nearly at the same time, as to form one continuous transaction. Reg. v. Shepherd, 1 L. R., C. C. 118; 37 L. J., M. C. 45; 16 W. R. 373; 17 L. T., N. S. 482; 11 Cox, C. C. 119. "otherwise destroy or damage with 66 Elsewhere.]-By s. 33," whosoev" er shall steal, or shall cut, break, "root up, or otherwise destroy or damage with intent to steal, the "whole or any part of any tree, sap"And whosoever shall steal, or ling, or shrub, or any underwood, "shall cut, break, root up, or oth-" wheresoever the same may be re"erwise destroy or damage, with "spectively growing, the stealing "intent to steal, the whole or any of such article or articles, or the part of any tree, sapling, or shrub, "injury done, being to the amount "or any underwood, respectively "of 1s. at the least, shall, on convicgrowing elsewhere than in any of" tion thereof before a justice of the "the situations in this section be- " peace, forfeit and pay, over and "fore mentioned, shall (in case the" above the value of the article or "value of the article or articles stol-"articles stolen, or the amount of en, or the amount of the injury "the injury done, such sum of mon"done, shall exceed the sum of 5l.) "be guilty of felony, and being con"victed thereof shall be liable to be punished as in the case of simple larceny." (Similar to former provision, 7 & 8 Geo. 4, c. 29, s. 38.) 66 In 7 & 8 Geo. 4, c. 29, s. 38, the words "adjoining any dwellinghouse" imported actual contact, and therefore ground separated from a house by a narrow walk and paling with a gate in it, was not within their meaning. Rex v. Hodges, M. & M, 341-Park and Parke. Whether ground is properly described as a garden within that section, is a question for the jury. Ib. The 24 & 25 Vict. c. 96, s. 32, enacts, that whosever shall steal or cut, destroy or damage with intent to steal the whole or any part of any tree, &., shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of 5.) be guilty of felony. In estimating the injury, the amount ey not exceeding 57. as to the jus"tice shall seem meet." (Similar to 7 & 8 Geo. 4, c. 29, s. 39.) A conviction under the 7 & 8 Geo. 4, c. 29, s. 39, for stealing an ash tree, the property of M., ordered the offender" to forfeit and pay, over and above the value of the tree stolen, 5s., and for the value of the tree 1s.; and also to pay 17. 4s. 6d. for costs, to be paid on or before March 19th, and, in default of payment of the sums, to be imprisoned for one month, unless the sums should be sooner paid." It was then ordered, that the 5s. should be paid to the overseer, and the 1s. to the person aggrieved, and the 17. 4s. 6d. should be immediately paid to R., the complainant. The information had been laid by R. before one magistrate, who had granted a summons, and the case heard, and the conviction made by another. On an action for false imprisonment being brought against the convicting magistrate:-Held, that the |
