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SEAMAN.

Seaman. LORD LANSDOWNE's Act. 9 Geo. 4, c. 31.

9 Geo.4, c. 31. Sect. XXX. And be it enacted, That if any master of a Punishment for merchant vessel shall, during his being abroad, force any man the master of a on shore, or wilfully leave him behind in any of his Majesty's merchant vessel colonies, or elsewhere, or shall refuse to bring home with him forcing a sea

man on shore, or again all such of the men whom he carried out with him as refusing to bring are in a condition to return when he shall be ready to proceed him home. on his homeward-bound voyage, every such master shall be guilty of a misdemeanor, and, being lawfully convicted thereof, shall be imprisoned for such term as the court shall award; and all such offences may be prosecuted by indictment or by Mode of trial, information, at the suit of his Majesty's attorney-general, in &c. the court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster, in the county of Middlesex; and the said court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information.

Indictment for a Misdemeanor, by forcing a Seaman on Shore, &c.
Middlesex, The jurors for our lord the King upon their

to wit. oath present, that A. late of Westminster, in the
county of Middlesex, mariner, heretofore, to wit, on the first
day of May, in the ninth year of the reign, &c. the said. A.
then being master of a certain merchant vessel called the
and being then abroad with the said vessel upon the high seas,
about half a league distant from - - [wherever the place may
be,] in parts beyond the seas, to wit, at Westminster, in the
county of Middlesex aforesaid, he the said A. then and there
being and acting as such master of the said merchant vessel,
and during the time of his being abroad as aforesaid, on the

Seaman. high seas as aforesaid, to wit, at Westminster aforesaid, in

the county aforesaid, with force and arms, one B. then and 9 Geo. 4, c. 31. there being a man of and belonging to the said merchant

vessel, on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county aforesaid, unlawfully and against the will of the said B., did then and there force on shore, (on the shore of - ] to wit, at Westminster aforesaid, in the county aforesaid, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence. The evidence required in this case is, that the defendant forced B. on shore, the defendant being at that time master of the merchant vessel mentioned in the indictment, and that B. was a sailor belonging to the merchant vessel.

Indictment for leaving a Sailor behind, &c. Middlesex,? The jurors, &c. that A., late of Westminster,

to wit. Jin the county of Middlesex, mariner, heretofore, to wit, on, &c. the said A. then being master of a certain merchant vessel called the and being abroad with the said vessel upon the high seas, about half a league distant from the (island of Jamaica in the West Indies,] being one of the colonies of our said lord the King, in parts beyond the seas, to wit, at Westminster aforesaid, in the county aforesaid, he the said A. then and there being and acting as such master of the said merchant vessel, and during the time of his being abroad as aforesaid, on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county of Middlesex aforesaid, with force and arms, one B. then and there being a man of and belonging to the said merchant vessel on the high seas as aforesaid, to wit, at Westminster aforesaid, in the county aforesaid, unlawfully and against the will of the said B. then and there did leave behind, to wit, at Westminster aforesaid, in the county aforesaid, against the form of the statute, &c. [as in last precedent. 1

Evidence. Similar evidence of the defendant being the master of the merchant vessel is required here, and of B. being a seaman

belonging to that vessel. The offence of the defendant in leaving B. behind, must then be shown.*

Seaman.

Securities, Public or Private.

SECURITIES, PUBLIC OR PRIVATE. Tallies, Orders, Debentures, Deeds, Bonds, Bills, Notes,

Warrants, &c.

The 2 Geo. 2, c. 25, s. 3, repealed by 7 & Geo. 4, c. 27.

LARCENY Act.

to

7 & 8 Geo. 4, c. 29.

7 & 8 G.4,c. 29. Sect. V. And be it enacted, That if any person shall steal Stealing public any tally, order or other security whatsoever, entitling or evi- or private secu

rities for money, dencing the title of any person or body corporate any

share

or warrants for or interest in any public stock or fund, whether of this king- goods, shall be dom, or of Great Britain or of Ireland, or of any foreign state, felony, and or in any fund of any body corporate, company, or society, punishable, ac

cording to the or to any deposit in any savings bank, or shall steal any

de

circumstances, benture, deed, bond, bill, note, warrant, order, or other secu- like stealing rity whatsoever for money or for payment of money, whether goods. of this kingdom or of any foreign state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of like value with the share, interest or deposit to which the security so stolen may relate, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several docu. Rule of inter

pretation.

The offence of refusing to bring home such men as may be in a condition to undertake the homeward-bound voyage (which is the third offence mentioned in the statute, may be set forth in the same manner, and proved by similar evidence.

Securities, Pub- ments hereinbefore enumerated shall throughout this Act be lic or Private, deemed for every purpose to be included under and denoted by

the words “ valuable security.” 7 & 8 G.4,c. 29.

Note.-See Leach, C.C. 1. Rex v. Hassell ; Leach, 774, Phipoe's Case ; East, P.C.601, Rex v. Cravan ; S.C. Russ. & Ry. 14; Id. 602, Rex v. Milnes ; Russ. & Ry, 181, Rex v. Clark ; Id. 488, Rer v. Chard.

Indictment for Larceny of Public and Private Securities. Hertfordshire, The jurors for our lord the King, upon their

to wit. Joath present, that A. late of the parish of in the county of - labourer, on, &c., with force and arms, at the parish aforesaid, in the county aforesaid, a certain (tally] [describe the security stolen) and one bill of exchange* for the payment of money, to wit, for the payment of pounds and shillings of lawful money, and of the value of [the same] of the goods and chattels, monies and property of one B. then and there found and being, the said sum of money payable and secured by the said bill

of exchange, being then and there wholly unpaid and unsatisfied to the said B. the proprietor thereof, feloniously did steal, take and carry away, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence. The prosecutor must prove a larceny of the security in ques. tion by the prisoner in the ordinary way, and care must be taken that the instrument produced in evidence may correspond with that set out in the indictment.

Sentence of

Death.

SENTENCE OF DEATH.

See DEATH.

* A promissory note is described in the same manner.

SERVANTS, CLERKS, &c.; LARCENIES AND Servants, Clerks, EMBEZZLEMENT BY.

&c.; Larcenies

and EmbezzleThe 33 Hen. 6, c. 1 ; 21 Hen. 8, c. 7 ; 5 Eliz. c. 10; 39 Geo. 3, ment by. c. 85; 3 Geo. 4, c. 38, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY Act.

7 & 8 Geo. 4, c. 29.

7 & 8 G.4, c. 29. Sect. XLVI. And, for the punishment of depredations com- Clerks and sermitted by clerks and servants in cases not punishable capitally, vants stealing be it enacted, That if any clerk or servant shall steal any chat property of

their masters. tel, money or valuable security belonging to or in the possession or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three 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 imprison

ment,

Sect. XLVII. And, for the punishment of embezzlements Clerks or sercommitted by clerks and servants, be it declared and enacted, vants receiving That if any clerk or servant, or any person employed for the any money, &c.

on their master's purpose, or in the capacity of a clerk or servant, shall, by vir

account, and tue of such employment, receive or take into his possession embezzling it, any chattel, money or valuable security, for or in the name or shall be deemed on the account of his master, and shall fraudulently embezzle to have felothe same, or any part thereof, every such offender shall be

niously stolen it. deemed to have feloniously stolen the same from his master, although such chattel, money or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant or other person so employed ; and every such offender, being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last-mentioned.

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