ÆäÀÌÁö À̹ÌÁö
PDF
ePub

river or canal, or in any creek belonging to or communicating with any such port, river, or canal:”] then being: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [If the river or canal constitute the boundary of two counties, the venue may be laid in either county. 7 G. 4, c. 64, s. 13, ante, p. 65.

Felony; 7 & 8 G. 4, c. 29, s. 17; transportation for not more than fifteen years, nor less than ten ;—or imprisonment, [with or without hard labour, s. 3] for not more than three years, 1 Vict. c. 90, s. 2, the imprisonment to be solitary for not more than a month at a time, and not more than three months in a year. Id. s. 3.

Evidence.

To maintain this indictment, the prosecutor must prove

1. The larceny, as directed ante, pp. 371, 369. From the circumstance of the statute mentioning "goods and merchandize" only, and not "chattel, money, or valuable security," as in other sections, it was evidently the intention of the legislature that it should extend only to such goods, as ships, &c., are laden with for the purpose of carriage. But the luggage of a passenger in a steam boat, has been holden to come within these words "goods and merchandize," and the offence of stealing it to be within this section of the statute. R. v. Wright, 7 Car. & P. 159. If, however, the goods stolen appear, upon evidence, to be of a different description, still the prisoner may be convicted of simple larceny.

2. That the larceny was committed in the "vessel, barge, or boat" described in the indictment. It seems to be immaterial whether the prisoner succeeded in getting the goods from on board the vessel or not; the words of the statute being "if any person shall steal any goods or merchandize in any vessel," &c. But a man cannot be guilty of this offence in his own ship. Upon an indictment on the repealed statute, 24 G. 2, c. 45, (which is the same as the present section), it appeared that the prisoner was not only master, but also owner, of the vessel in which the alleged larceny was committed; and the judges held that even if it were a larceny, still, as the prisoner was the owner of the vessel, it was not a case within the meaning of the statute. R. v. Maddox, R. § Ry. 92.

3. That the vessel was, at the time, upon the navigable river, &c., described in the indictment.

Stealing from a Dock, Wharf or Quay.

Indictment.

The jurors for our Lady the Queen, upon their

to wit. Soath present, that A. B., on the day of in the year of our Lord feloniously did steal, take, and carry away fifty pounds weight of cloves, of the goods and merchandize of C. D. [“ goods or merchandize"] from a certain dock called ["dock, wharf, or quay, adjacent to any port of entry or discharge, or any navigable river or canal, or to any creek belonging to or communicating with any such port, river, or canal"] in the parish of - -, in the county of —, adjacent to a certain navigable river called - against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity.

Felony; 7 & 8 G. 4, c. 29, s. 17; transportation for not more than fifteen years nor less than ten; or imprisonment [with or without hard labour, s. 3], for not more than three years, 1 Vict. c. 90, s. 2, the imprisonment to be solitary for not more than a month at a time, and not more than three months in a year. Id. s. 3.

Evidence.

To maintain this indictment, the prosecutor must prove—

1. The larceny, as directed ante, pp. 371, 369. From the circumstance of the statute mentioning only, "goods or merchandize," and not "chattel, money, or valuable security" as in other sections, it was evidently the intention of the legislature to confine the section on which this indictment is framed, to such goods only as are landed from ships in docks, or on wharfs or quays, or are there for the purpose of being shipped, (including perhaps the luggage of passengers, see R. v. Maddox, ante, p. 438,) or which are deposited there for safe custody, and not to every article which may happen to be on them at the time. Whether it extends to larcenies on board ships in docks, has never, I believe, been decided; but if the dock is to be considered part of the "port of entry or discharge," the indictment should be for stealing from the vessel, as in the last case, and not from the dock; or if the goods were stolen from the ship, when there was no person belonging to her on board, perhaps counts stating the offence in both ways, may be prudent.

2. That the goods were stolen from the dock, wharf, or quay described in the indictment. It may be doubted whether a larceny is within the meaning of this part of the Act, if the prisoner be detected, or abandon the stolen article, before he has carried it from the dock, wharf, or quay in question. The first part of sect. 17 of stat 7 & 8 G. 4, c. 29, relates to stealing in a ship, &c.; and the latter part, to stealing from a dock, &c. in the first case, any, the slightest asportation will be sufficient to constitute the offence, as in other cases of larceny; in the latter perhaps not. It should seem also, that a larceny by the owner of the dock, wharf, or quay, would not be within the meaning of the statute; in like manner as it has been decided that a larceny in a ship by the captain and owner of it, is not within the first part of the section. R. v. Maddox, ante, p. 438. But a larceny by his servant most undoubtedly would be within it.

3. That the dock, wharf, or quay, is adjacent to the navigable river, &c., mentioned in the indictment, and is situate in the parish, &c.

Stealing from a Ship in distress or wrecked.

Indictment.

The jurors for our Lady the Queen, upon their oath present, that on the

day of

to wit. , in the year of our Lord a certain ship and vessel ["ship or vessel"] the property of some person to the jurors aforesaid unknown, was stranded and cast on shore ["in distress or wrecked, stranded or cast on shore;"] and that A. B. afterwards, on the day and year aforesaid, feloniously did plunder, steal, take, and carry away, twenty oak planks, being parts of the said vessel, and fifty pounds weight of cloves, being goods, merchandize, and articles ["goods, merchandize, or articles of any kind"] belonging to the said ship and vessel, so then stranded and cast ashore, of the goods and chattels of some person to the jurors aforesaid unknown: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add other counts, if necessary, stating the ship to have been "in distress" or "wrecked." As to the venue, see ante, p. 71.

Felony; transportation for not more than fifteen years, nor less than ten ;—or imprisonment, [with or without hard labour, s. 10], for not more than three years, 1 Vict. c. 87, s. 8, the imprisonment solitary for not more than a month at a time, nor more than three months in a year. Id. s. 10. Accessories before the fact, the same punishment; accesso

ries after the fact, imprisonment for not more than two years, Id. s. 6, solitary and with hard labour as above mentioned. Id. s. 10.

Evidence.

To maintain this indictment, the prosecutor must prove

1. That the ship or vessel was stranded or cast ashore, as stated in the indictment.

2. The larceny, as ante, pp. 371, 369.

3. That the goods belonged to the ship, or were part of the ship, as mentioned in the indictment.

As to malicious injuries to ships or wreck, see post.

8. Stealing by Tenants and Lodgers.

Indictment.

By stat. 7 & 8 G. 4, c. 29, s. 45, "if any person shall steal any chattel or fixture, let to be used by him or her in or with any house or lodging, (whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her or her husband"): felony, same punishment as in the case of simple larceny; " and in every such case of stealing any chattel, it shall be lawful to prefer an indictment in the common form as for larceny; and in every such case of stealing any fixture, to prefer an indictment in the same form, as if the offender were not a tenant or lodger; and in either case, to lay the property in the owner or person letting to hire."

See the form of an indictment for larceny, ante, p. 354; and of an indictment for stealing a fixture, ante, p. 411.

Felony; imprisonment, [with or without hard labour, and the imprisonment solitary for the whole or any portion of the time,] for not more than two years, and, if a male, to be once, twice, or thrice publicly or privately whipped, if the court shall think fit. Ante, p. 355.

But if the goods or fixtures be laid and proved to be of value exceeding the sum of five pounds, then the punishment shall be the same as before the passing of stat. 12 Vict. c. 11, by which the punishment of transportation was taken away from simple larceny. 12 Vict. c. 11, s. 2. And before that statute, the punishment for stealing any chattel or fixture, of any value, by a tenant or lodger, we have seen (supra)

was the same as in the case of simple larceny, that is to say-transportation for seven years;—or imprisonment [with or without hard labour, and the imprisonment solitary for the whole or any part of the time, s. 4] for not more than two years, and, if a male, to be once, twice, or thrice publicly or privately whipped, if the court shall think fit. 7 & 8 G. 4, c. 29, s. 3. But in that case, it will be necessary to state in the indictment that the goods or fixtures were "of a value exceeding the sum of five pounds, to wit, of the value of- —,” and also to add, before the conclusion," which said goods and chattels [or fixture, whatever it may be] were, before and at the time of the committing of the felony aforesaid, let to the said A. B. by the said C. D., to be used by the said A. B., [in and] with a certain house [or lodging];" for otherwise the defendant would be liable only to the present punishment for larceny. See ante, p. 355.

Evidence.

In ordinary cases, the evidence in support of an indictment for stealing goods, is the same as in simple larceny, the taking being actual, and not merely constructive; see ante, pp. 371, 369; and for stealing fixtures, the evidence is the same as directed, ante, p. 412. It does not seem to be necessary to prove the letting, &c., for it is not stated in the indictment, and it would not be matter of defence if proved by the defendant. But where the value is alleged to exceed five pounds, as above mentioned, it must be proved that the goods or fixtures stolen had been let by the prosecutor to the defendant, to be used in or with a house or lodging, as stated in the indictment, to bring the case within stat. 12 Vict. c. 11, s. 2.

9. Stealing by Clerks or Servants.

Indictment.

The jurors for our Lady the Queen, upon their to wit. oath present, that before and at the time of the committing of the offence hereinafter [next] mentioned, A. B. was clerk [or servant] to one C. D.; and that the said A. B. whilst he was such clerk to the said C. D., to wit, on the day of - in the year of our Lord - feloniously did steal, take, and carry away certain money of the said C. D., and fifty yards of woollen cloth of the goods and chattels of the said C. D., his said master, as aforesaid: against the form of the statute in such case made and provided, and against the

« ÀÌÀü°è¼Ó »