statutes. & 8 Geo. 4, c. 27. 1. Repeal of of stat. 43 Geo. III. c. 58, (part of s. 1), as relates to the setting fire to any of the buildings therein enumerated (a); and the whole of stat 43 Geo. III. c. 113, (except s. 6), except so much thereof as specia relates to accessories before the fact in murder, and to manslaughter and so much of stat. 44 Geo. III. c. 92, (ss. 7, 8), as relates to prosecution and punishment of persons for theft or larceny, and f ceiving or having any stolen property, as therein mentioned; and 45 Geo. III. c. 66; and stat. 48 Geo. III. c. 129; and stat. 48 Ge c. 144; and stat. 51 Geo. III. c. 41; and stat. 51 Geo. III. c. 19): stat. 52 Geo. III. c. 63; and stat. 52 Geo. III. c. 64; and stat. 52 s III. c. 130; and so much of stat. 53 Geo. III. c. 162, as relates to the punishment of larceny; and stat. 56 Geo. III. c. 125; and so ma stat. 57 Geo. III. c. 19, (s. 38), as relates to the liability of the bitants of the city, town, or hundred, to yield compensation t party injured, as therein mentioned; and stat. 1 Geo. IV. c. 56; 4. the whole of stat. 1 Geo. IV. c. 115, except so much thereof as to the offences made capital by the said act of Queen Elizabeth ( stat. 1 Geo. IV. c. 117; and stat. 3 Geo. IV. c. 24; and stat. 3 G c. 33; and the whole of stat. 3 Geo. IV. c. 38, except so far as relate manslaughter (a); and so much of stat. 3 Geo. IV. c. 114, as relats" the punishment for receiving stolen goods, and for obtaining any perty as therein mentioned by false pretences (a); and so much of 3 Geo. IV. c. 126, (s. 128), as creates any felony; and the stat. 4 Geo. IV. c. 46, except so far as relates to the felonies the acts of the twenty-seventh year of King George the Second the third year of King George the Third therein recited; whole of stat. 4 Geo. IV. c. 53, except so far as relates to convicted of stealing or embezzling his Majesty's amm cordage, or naval or military stores, or of being accessor offence; and the whole of stat. 4 Geo. IV. c. 54, except so to any person who shall send or deliver any letter or writing ing to kill or murder, or to burn or destroy, as therein manated (* shall be accessory to any such offence, or shall forcibly person being lawfully in custody for any such offence; and stat IV. c. 19; and so much of stat. 6 Geo. ÏV. c. 94, (ss. 7, 8, 9, 10, lates to any misdemeanour therein mentioned; and stat. 7 Ges. 69; and all acts continuing or perpetuating any of the acts acts hereinbefore referred to, so far only as relates to the c perpetuating the same respectively, shall be and continue in f and throughout the last day of June in the present year, and s and after that day, as to that part of the United Kingdom land, and as to offences committed within the jurisdiction of the ralty of England, be repealed; except so far as any of the may repeal the whole or any part of any other acts; and ex offences and other matters committed or done before or up last day of June, which shall be dealt with and punished as had not been passed." Not to repeal any act relating to Post-office, the revenue, public stores, Bank of England, or South Sea Company. Sect. 2. "Nothing in this act contained shall in anywis alter such part of any act as relates to the Post-office, or to a of the public revenue, or to the naval, military, victualling public stores of his Majesty, his heirs or successors, except the thirty-first year of Queen Elizabeth, and of the twentyof King Charles the Second, which are herein before repealed; affect or alter any act relating to the Bank of England or S Company." (a) Now wholly repealed by 9 Geo. IV. c. 31. 2. GENERAL CLAUSES OF THE 7 & 8 GEO. IV. c. 29, RELATING TO LARCENY. The prior statutes having been mostly repealed by the 7 & 8 Geo. IV. c. 27, the statute 7 & 8 Geo. IV. c. 29, was passed, which consolidated and amended the laws in England relative to larceny and other offences connected therewith, and came into operation on the 1st of July, 1827. We shall consider the law under this statute, in the following order, viz.: (a). Of the Abolition of the Distinction between Grand and Petty Larceny, and the Interpretation of Statutes, p. 1113. (b). Receivers, Aiders, Abettors, and Accessories, p. 1114. (c). The Apprehension of Offenders, p. 1114. (d). The Punishment of Offenders, p. 1115. (e). The Restitution of Goods, p. 1115. (f). Convictions and summary Proceedings before Magistrates, p. 1115. (g). Actions against Persons acting under the Statute, p. 1118. (h). To what Places the Act not to extend, p. 1119. (a). Distinction between Grand and Petty Larceny abolished—Interpre tation of Statutes, &c. 2. General clauses of 7 & 8 Geo. IV.c. 29. Distinction between grand and petty larceny abolished. By 7 & 8 Geo. IV. c. 29, s. 2, "the distinction between grand larceny and petty larceny shall be abolished, and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the commencement of this act; and every Court, Jurisdiction of whose power as to the trial of larceny was, before the commencement of Courts. this act, limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny." The latter part of this clause is evidently meant to apply to the Court of quarter sessions; but although, in practice, that Court does not try any thing above petty larceny, yet there seems to have been no law to prevent that Court trying grand larceny or any other offence at common law, except forgery and perjury. (Carr. C. L. 272). tutes. The 7 & 8 Geo. IV. c. 28, s. 14, enacts, "That wherever this or any Interpretation of other statute relating to any offence, whether punishable upon indict- words and stament or summary conviction, in describing or referring to the offence, or the subject matter on or with respect to which it shall be committed, or the offender, or the party affected or intended to be affected by the offence, hath used or shall use words importing the singular number, or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and wherever any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate, in every case where such body shall be the party aggrieved." (See tit. "Statutes," Vol. V.) By 7 & 8 Geo. IV. c. 29, s. 5, "If any person shall steal any tally, order, or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of this kingdom, or of Great Britain, or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, or to any deposit in any savings bank, or shall steal Bonds, bills, &c., or other valuable security. 2. General clauses of 7 & 8 Geo. IV. c. 29. 7 & 8 Geo. 4, c. 29. Receivers. Aiders and abettors, accessories before the fact, and accessories after the fact, not being receivers. Accessories not being receivers, two years' impri sonment. Persons counselling or procuring a misdemeanour cipals. any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money, or for payment of money, whether of th kingdom, or of any foreign state, or shall steal any warrant or order ar the delivery or transfer of any goods, or valuable thing, every sci offender shall be deemed guilty of felony, of the same nature, and in th same degree, and punishable in the same manner, as if he had stolen chattel of like value with the share, interest, or deposit to which security so stolen may relate, or with the money due on the security stolen or secured thereby, and remaining unsatisfied, or with the va of the goods or other valuable thing mentioned in the warrant or re and each of the several documents hereinbefore enumerated s throughout this act, be deemed, for every purpose, to be incr under and denoted by the words 'valuable security.' (b). Receivers, Aiders, and Accessories. By 7 & 8 Geo. IV. c. 29, s. 60, "Where the stealing or taking of property whatsoever is by this act punishable on summary convicti either for every offence, or for the first and second offence only, or ir the first offence only, any person who shall receive any such propers, knowing the same to be unlawfully come by, shall, on convict thereof before a justice of the peace, be liable for every first, sec subsequent offence of receiving, to the same forfeiture and puni to which a person guilty of a first, second, or subsequent offens stealing or taking such property, is by this act made liable." "Accessories," Vol. I.) Sect. 61 enacts, "In the case of every felony punishable mir di act, every principal in the second degree, and every accessory before the fact, shall be punishable with death or otherwise, in the as the principal in the first degree is by this act punishable; dey accessory after the fact to any felony punishable under this att only a receiver of stolen property) shall on conviction, belete imprisoned for any term not exceeding two years; and every p who shall aid, abet, counsel, or procure the commission of any misde meanour punishable under this act, shall be liable to be indicted and punished as a principal offender." Sect. 62 enacts, "If any person shall aid, abet, counsel, the commission of any offence which is by this act punishable indictable as prin mary conviction, either for every time of its commission, or fi and second time only, or for the first time only, every such person i on conviction before a justice of the peace, be liable, for every second, or subsequent offence, of aiding, abetting, counselling curing, to the same forfeiture and punishment to which a p of a first, second, or subsequent offence, as a principal offend this act made liable." Aiders and abettors. A person in the act out a warrant. A justice may grant a search warrant. (c). Apprehension of Offenders. By 7 & 8 Geo. IV. c. 29, s. 63, "For the more effectual applesna and discovery of all offenders punishable under this act," it "That any person found committing (a) any offence punishe upon indictment or upon summary conviction, by virtue of th cept only the offence of angling in the day-time, may be inde apprehended without a warrant by any peace officer, or by of the property on or with respect to which the offence sha mitted, or by his servant, or any person authorized by him, with taken before some neighbouring justice of the peace, with according to law; and if any credible witness shall p oath, before a justice of the peace, a reasonable cause to suspect th person has in his possession, or on his premises, any property ever, on or with respect to which any such offence shall have bee (a) As to the meaning of the words, "found committing," Vol. I. p. 268, 269. see tit." mitted, the justice may grant a warrant to search for such property, as in the case of stolen goods; and any person, to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorized, and, if in his power, is required to apprehend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law." (See tit. "Arrest," Vol. I.) (d). Punishment of Offenders. By 7 & 8 Geo. IV. c. 29, s. 3, "Every person convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding wo years, and, if a male, to be once, twice, or thrice publicly or prirately whipped (if the Court shall so think fit), in addition to such imrisonment." Sect. 4, "with regard to the place and mode of imprisonment for all ndictable offences punishable under this act," enacts, "That, where any person shall be convicted of any felony or misdemeanour punishable under this act, for which imprisonment may be awarded, it shall be awful for the Court to sentence the offender to be imprisoned, or to be mprisoned and kept to hard labour, in the common gaol or house of orrection, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonnent, or of such imprisonment with hard labour, as to the Court in its liscretion shall seem meet." For the general rules relative to the punishment of larceny in general, see post, Sect. IV. (e). Restitution of Goods. 2. General clauses of 7 & 8 Geo. IV. c. 29. Any person to whom stolen property is offered may seize the party offering it. Punishments for simple larceny. The Court may, for all offences order hard labour or solitary con within this act, finement. Stat. 7 & 8 Geo. IV. c. 29, s. 57, "to encourage the prosecution of Restitution of offenders," enacts, "That if any person, guilty of any such felony or goods stolen. misdemeanour as aforesaid [under this act], in stealing, taking, obtaining, or converting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for any such offence, by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and the Court, before whom any such person shall be so convicted, shall have power to award, from time to time, writs of restitution for the said property, or to order the restitution thereof in a summary manner: Provided always, Not to extend to that if it shall appear before any award or order made that any valu- securities bond fide able security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or, being a negotiable instrument, shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had, by any felony or misdemeanour, been stolen, taken, obtained, or converted as aforesaid, in such case the Court shall not award or order the restitution of such security." (See further, post, Sect. VI., &c.) paid or received. (f). Convictions and summary Proceedings before Magistrates. By 7 & 8 Geo. IV. c. 29, s. 64, "The prosecution for every offence Limitation as to punishable on summary conviction under this act shall be commenced summary proceedwithin three calendar months after the commission of the offence, and not otherwise; and the evidence of the party aggrieved shall be ad- Competency of mitted in proof of the offence, and also the evidence of any inhabitant witnesses. ings. 2. General clauses of 7 & 8 Geo. IV. c. 29. Mode of compel ling appear ance of persons viction of the county, riding, or division in which the offence shall have been committed, notwithstanding any penalty or forfeiture incurred by the offence may be payable to the general rate of such county, riding, e division." Sect. 65, "for the more effectual prosecution of all offences punishable on summary conviction under this act," enacts, "That where any punishable on con- person shall be charged, on the oath of a credible witness, before any justice of the peace, with any such offence, the justice may summon the person charged to appear at a time and place to be named in such sunmons; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode) the justice may either proceed to hear and determine the case er part, or issue his warrant for apprehending such person, and bringing him before himself or some other justice of the peace; or the justice befor whom the charge shall be made may, (if he shall so think fit), with out any previous summons, (unless where otherwise specially directed. issue such warrant, and the justice, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case." Application of for ties on summary convictions. Sect. 66, "with regard to the application of all forfeitures and penal feitures and penalties upon summary convictions under this act," enacts, "That every sum of money, which shall be forfeited for the value of any property stolen or taken, or for the amount of any injury done, (such value er amount to be assessed in each case by the convicting justice), shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence, and in that case, or where the party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such value or amount, or otherwise, shall be paid to some one of the overseers of the poor, or te some other officer (as the justice may direct) of the parish, township, or place, in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate: Provided always, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the value of the property, of to the amount of the injury, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner så any penalty imposed by a justice of the peace is hereinbefore directed to be applied." Proviso. If a person summarily convicted Sect. 67. "In every case of a summary conviction under this set, where the sum which shall be forfeited for the value of the property shall not pay, &c., stolen or taken, or for the amount of the injury done, or which shade the justice may commit him. imposed as a penalty by the justice, shall not be paid, either immedi ately after the conviction, or within such period as the justice shali, at the time of the conviction, appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the of fender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be), together with the costs, shall not exceed 5. and for any term not exceeding four calendar months, where the amount with costs shall not exceed 10%.; and for any term not exceeding six calendar months in any other case; the commitment to be determin able in each of the cases aforesaid upon payment of the amount and costs." (See tit. "Commitment," Vol. I.) |