offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence is committed, is the property of any person, or that the same is of any value.

Indictment for stealing a Record, &c.

Commencement as ante, p. 169]—a certain judgment-roll of the court of our lady the Queen, before the Queen herself, ("any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever, of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order, or decree, or any original document whatsoever, of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated in any such 'court"), then and there being, then and there unlawfully did steal, take, and carry away; 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. It is not necessary to allege that the record, &c.is the property of any person, or is of any value. 7 & 8 G. 4, c. 29,s. 21.

Misdemeanor, transportation for seven years; or imprisonment (with or without hard labour, for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, s. 4, (ante, p. 169) such confinement not exceeding one month at any one time, [ *201 ] nor *three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169), or fine, or both. 7 & 8 G. 4, c. 29, s. This offence is not triable at any quarter sessions. 5 & 6 Vict. c.

21.

38, s. 1, (ante, p. 69).

Evidence.

Prove a larceny of the record, &c., described in the indictment, as directed ante, p. 172 et seq. It is an indictable offence at common law to steal the parchment upon which a record, not concerning the realty, is written. R. v. Walker, 1 Mood. C. C. 155.

Indictment for taking a Record, &c. from its Place of Deposit.

Commencement, as ante, p. 169]—a certain judgment roll of the court of our said lady the Queen before the Queen herself, (see the last precedent), from its place of deposit for the time being, to wit, from the treas

ury of the said court, [or, from one J. N., the said J. N. then and there having the lawful custody of the same], unlawfully and for a fraudulent purpose, did take; 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 possible, add a second count, specifying the fraudulent purpose. (See post, p. 202.)

Misdemeanor, see the last precedent. 7 & 8 G. 4, c. 29, s. 21.

Evidence.

Prove that the record, &c. described in the indictment was deposited in the treasury of the court of Queen's Bench, or other place mentioned in the indictment, and that such was its proper place of deposit; or, that the person from whose custody the record, &c. is charged in the indictment to have been taken, was by law entitled to have, and in fact had, possession of it at the time. That the defendant took the record, &c., from the place or person mentioned in the indictment, which may be proved either by positive or circumstantial evidence. (See ante, p. 122). And that he took it for a fraudulent purpose, which, in most cases, can only be matter of inference from circumstances, and is not capable of direct proof. The mere taking is evidence from which fraud may fairly be presumed, unless it be satisfactorily explained by the defendant.

Indictment for obliterating, injuring, or destroying a Record, &c.

Commencement as ante, p. 169]—a certain judgment-roll of the court of our said lady the Queen before the Queen herself, (see supra), then and there being found, then and there unlawfully and maliciously did obliterate, ("obliterate, injure, or destroy"); 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.

Misdemeanor, see the last precedent but one.

7 & 8 G. 4, c. 29,

s. 21.

Evidence.

Prove the obliteration, injury, or destruction of the record, &c., by the defendant, as stated in the indictment. Prove that it was

*done maliciously, which may be inferred, if it be proved [ *202 ] to have been done wilfully.

31

STEALING, DESTROYING, OR CONCEALING A WILL, &c.

Statute.

7 & 8 G. 4, c. 29, s. 22]-Enacts, that, if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor; and being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned, (s. 21, ante, p. 200); and it shall not in any indictment for such offence be necessary to allege, that such will, codicil, or other instrument, is the property of any person, or that the same is of any value.

Sect. 24-Not to deprive Party grieved of Remedy, and not to apply in certain Cases]-Provides and enacts, that nothing in this act contained, relating to either of the misdemeanors aforesaid, nor any proceeding, conviction, or judgment to be had or taken thereupon, shall prevent, lessen, or impeach any remedy at law or in equity, which any party, aggrieved by any such offence, might or would have had if this act had not been passed; but nevertheless, the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no person shall be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, in respect of any act done by him, if he shall at any time, previously to his being indicted for such offence, have disclosed such act on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding, which shall have been bonâ fide instituted by any party aggrieved; or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt.

Indictment.

Commencement as ante, p. 169.]-A certain will and testamentary instrument ("any will, codicil, or other testamentary instrument") of one J. N., then and there being found, unlawfully did steal, take, and carry away, [or, unlawfully, and for a fraudulent purpose, did destroy and conceal]; 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. Where the indictment is for destroying or concealing a will, &c., and another count specifying the fraudulent purpose, if it can be done with certainty. In

Reg v. Morris, 9 C. & P. 89., Alderson, B., intimated an opinion that such statement was necessary to the validity of the indictment. It is not necessary to allege that the will, &c., is the property of any per- [ *203 ] son, or is of any value. 7 & 8 G. 4, c. 29, s. 22.

Misdemeanor, transportation for seven years; or imprisonment, (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, s. 4, (ante, p. 169); such confinement not exceeding one month at any one time, nor three months in any one year. 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169), or fine, or both. 7 & 8 G. 4, c. 29, s. 22. This offence is not triable at any quarter sessions. 5 & 6 Vict. c. 38, s. 1, (ante, p. 69.)

Evidence.

Prove a larceny of the will, &c., as directed ante, p. 172 et seq.; or if the indictment be for destroying or concealing a will, &c., prove the destruction or concealment by the defendant, as stated in the indictment; and also the fraudulent purpose for which he did it. The fraudulent purpose can, in most cases, be only matter of inference, not capable of direct proof; (see Reg. v Morris, 9 C. & P. 89); but the mere destruction or concealment, unexplained by the defendant, is evidence from which fraud may fairly be presumed. It is immaterial whether the will, &c., be stolen during the life or after the death of the testator, or whether it relate to real or personal estate, or to both. 7 & 8 G. 4, c. 29, s. 22.

No person can be convicted of this offence by any evidence whatever, in respect of any act done by him, if, at any time previously to his being indicted for the offence, he shall have disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding which shall have been bonâ fide instituted by any party aggrieved; or if he shall have disclosed the same in any examination or deposition before commissioners of bankrupt." 7 & 8 G. 4, c. 29, s. 24.

STEALING WRITINGS, &C., RELATING TO REAL ESTATE.

Statute.

7 & 8 G. 4, c. 29, s. 23]-Enacts, that if any person shall steal any paper or parchment, written or printed, or partly written and partly printed, being evidence of the title, or of any part of the title, to any real estate, every such offender shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which

the court may award, as hereinbefore last mentioned, (s. 21, ante, p. 200); and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person, or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof; and it shall not be necessary to allege the thing stolen to be of any value.

Commencement as ante, p. 169]—a certain written parchment ("any paper or parchment, written or printed, or partly written and partly printed") the property of J. N., being evidence of the title [or, of part of the title] of the said J. N. to a certain real estate [or, to part of a certain real estate] called Whiteacre, in which said real estate the said J. N. then and there had, and still hath, a present interest, then and there being found, then and there unlawfully did steal, take, and carry away; 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 a second count, describing the nature of the instrument more particularly thus :—a certain other written parchment, containing a deed of release between A. B., of the one part, and C. D., of the other part, the property of J. N., being evidence, &c. It is sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person, or of some one of the persons, having a present interest, whether legal or equitable, in the real estate to which the same relates; and to mention such real estate, or some part thereof; and it is not necessary to allege the thing stolen to be of any value.

Misdemeanor, transportation for seven years; or imprisonment, with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 29, s. 4, (ante, p. 169), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169)), or fine, or both. 7 & 8 G. 4, c. 29, s. 23. This offence is not triable at any quarter sessions. 5 & 6 Vict. c. 38, s. 1, (ante, p. 69).

Evidence.

Prove a larceny of the written parchment; as directed ante, p. 170 et seq.; for, although this is not a felony, the jury must be satisfied that the defendant took the parchment under such circumstances as would have amounted to larceny if the parchment in question had been the subject of - larceny. R. v. John, 7 C. & P. 324. Prove, also, that it is evidence