PART I.

CHAPTER IV.

SUMMARY JURISDICTION IN LARCENY.

Page 663.

Page 665.

SECT. I. THE CRIMINAL JUSTICE ACT.

Third column, add-A person committing the offence of simple larceny, after a conviction for felony under this act, is liable to penal servitude for ten years (24 & 25 Vict. c. 96, s. 7).

Note 7, on the word "property," add The substituted enactment for the 7 & 8 Geo. 4, c. 29, is the 24 & 25 Vict. c. 96, and section 1 contains the following interpretation of terms applicable here, viz. :

The term "valuable security" shall include any order, exchequer acquittance, 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 the United Kingdom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, whether within the United Kingdom or in any foreign state or country, or to any deposit in any bank, and shall also include any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, and any document of title to lands or goods as hereinbefore defined, which are as follows:The term "document of title to goods" shall include any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business, as proof of the possession or control of goods, or authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to:

The term "document of title to lands" shall include any deed, map, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate.

The substituted provision for."7 & 8 Geo. 4, c. 29, s. 57," as to restitution of stolen property, is the 24 & 25 Vict. c. 96, s. 100, which is as follows:

"If any person guilty of any such felony or misdemeanor as is mentioned

in this act, in stealing, taking, obtaining, extorting, embezzling, con

verting or disposing of, or in knowingly receiving, any chattel, money,
valuable security, or other property whatsoever, shall be indicted for
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 in
every case in this section aforesaid the court before whom any person
shall be tried for any such felony or misdemeanor 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,
that if it shall appear before any award or order made that any valu-
able security shall have been bonâ 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 misdemeanor
been stolen, taken, obtained, extorted, embezzled, converted, or dis-
posed of, in such case the court shall not award or order the restitu-
tion of such security :-provided also, that nothing in this section
contained shall apply to the case of any prosecution of any trustee,
banker, merchant, attorney, factor, broker, or other agent intrusted
with the possession of goods or documents of title to goods, for any
misdemeanor against this act."

As a note to the words "five shillings" in respect of "simple Page 667. larceny," say-A bailee of property fraudulently converting Page 669. the same, being guilty of larceny by 24 & 25 Vict. c. 96, s. 3 [previously by 20 & 21 Vict. c. 54, s. 4], is within the operation of the section in the text, and sect. 3 also. It has been said, however, that as the 24 & 25 Vict. c. 96, s. 3, provides that "this section shall not extend to any offence punishable on summary conviction," the jurisdiction of justices under 18 & 19 Vict. c. 126, in such a case ceases. This is erroneous; for the offence of a bailee was never expressly made punishable on summary conviction; and the provision quoted in effect is, that a person committing an offence, which is made punishable by statute on summary conviction, shall not be treated as a fraudulent bailee under this section; e. g., to prevent persons employed in the silk and other manufactures, and who convert and embezzle materials, &c., entrusted to them, being punished otherwise than summarily under the special acts relating to these manufactures. To this object alone the provision in question was directed (see Greaves's edit., p. 74, and title "Manufactures," p. 388; Offences 8, 16, 28).

SECT. II. THE JUVENILE OFFENDERS ACT.

A. Substitute for the offences within the operation of the act, Pages 672, the following:

1. Stealing oysters, or oyster brood from the oyster bed, laying, or fishery of another (24 & 25 Vict. c. 96, s. 26).

2. Stealing, or for any fraudulent purpose destroying, cancelling, or obliterating the whole or any part of any valuable security, other than a document of title to lands (s. 27). 1

1 See definition of these documents, ante, p. 36.

673, 674.

3. Stealing, or ripping, cutting, severing, or breaking with intent to steal, any glass or wood work belonging to any building whatsoever, or any lead or other metal, or any utensil or fixture fixed to any building, or in any square, burial ground, &c. (s. 31).

4. Stealing, or cutting, breaking, rooting up, or otherwise destroying or damaging with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house (if value or injury exceed 17.) (s. 32).

5. The like, if growing elsewhere than last mentioned (value or injury exceeding 51.) (s. 32).

6. The like, wheresoever growing, the value or injury being a shilling at the least,-after two previous summary convictions (s. 33).

7. Stealing, or destroying, or damaging with intent to steal, any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery ground, hothouse, greenhouse or conservatory, after one previous summary conviction (s. 36).

PART II.

INDICTABLE OFFENCES.

CHAPTER I.

THE LAW AND PRACTICE OF PROCEDURE IN GENERAL.

SECT. I. AS TO PREFERRING THE CHARGE.

7th line from bottom, substitute "24 & 25 Vict. c. 100, s. 9,” for "9 Geo. 4, c. 31, s. 7."

5th line from bottom-" Id. s. 10.”

In lieu of the "11 & 12 Vict. c. 46," the following must be substituted-The 24 & 25 Vict. c. 94, contains the following provisions as to Accessories to and Abettors of Indictable Offences :- - 11

Accessories before the fact.] Accessories before the fact may be tried and punished as principals (s. 1).

Accessories before the fact may be indicted as such, or as substantive felons (s. 2).

11 See page 687 of original Work.

Accessories after the fact.] Accessories after the fact may be indicted as such, or as substantive felons (s. 3).

Accessories generally.] Accessories may be prosecuted after principal
has been convicted, but not attainted (s. 5).

Several accessories may be included in the same indictments,
although principal felon not included (s. 6).

Accessories to felonies committed wholly in England may be tried
where principal felony or act of accessory committed;—and in
other cases where principal felony may be tried, whether the
offence was committed on the sea or land, or begun on the sea
and completed on land, or vice versa, and whether within her
Majesty's dominions or not (s. 7).

Abettors in Misdemeanours.] May be tried and punished as a principal
offender (s. 8).

Sect. 9 relates to offences committed within the jurisdiction of the
Admiralty.

11th line from bottom-for "In addition to this power, &c.," Page 689. to end of the paragraph, substitute this-The 24 & 25 Vict. c. 96, s. 103, provides (inter alia), that "if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever, on or with respect to which any offence, punishable either upon indictment or upon summary conviction by virtue of this act shall have been committed, the justice may grant a warrant to search for such property, as in the case of stolen goods." This enactment extends to a variety of misdemeanors as well as felonies, and comprehends offences under the following titles of Chapter II. of this part of the Work :

Agents.
Burglary.

Cattle.

Embezzlement.

False Pretences.

Fish.

:

Fraudulent Trustees.
Game.

Housebreaking.

Larceny.

Receivers.

Sacrilege.

SECT. II. THE PROCESS TO ISSUE AGAINST OFFENDERS.

1. In ordinary Cases.

The following enactments must be substituted for those named Pages 698, in the numbered paragraphs in these pages:

12.-24 & 25 Vict. c. 96, s. 41.

699.

Page 702.

Page 704.

Page 705.

Page 706.

Page 710.

Page 711.

2. For Offences at Sea or Abroad.

For the acts as to the Admiralty jurisdiction in lines 9 to 17 inclusive, from the top, insert,—

24 & 25 Vict. c. 100, ss. 10, 68 (Offences against the Person).

Id.

Id.

Id.

Id.

c. 99, s. 36 (Coinage Offences).

c. 96, s. 115 (Larceny).

c. 97, s. 72 (Malicious Injuries).
c. 98, s. 50 (Forgery).

For the "9 Geo. 4, c. 31, s. 7," the 24 & 25 Vict. c. 100, s. 9, enacts,

"Where any murder or manslaughter shall be committed on land out of the united kingdom, whether within the queen's dominions or without, and whether the person killed were a subject of her majesty or not, every offence committed by any subject of her majesty, in respect of any such case, whether the same shall amount to the offence of murder or manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in that county or place;-provided that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this act."

For the "9 Geo. 4, c. 31, s. 8," the 24 & 25 Vict. c. 100, s. 10, enacts,

"Where any person, being feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England or Ireland, shall die of such stroke, poisoning or hurt in England or Ireland,—or, being feloniously stricken, poisoned or otherwise hurt at any place in England or Ireland, shall die of such stroke, poisoning or hurt upon the sea, or at any place out of England or Ireland,-every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined and punished in the county or place in England or Ireland in which such death, stroke, poisoning or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place."

With regard to accessories to murder abroad, referred to here, see 24 & 25 Vict. c. 100, s. 4, which makes such offenders punishable in this country.

4. Apprehension of Offenders without Warrant.

66

2nd line from bottom-for "1 Vict. c. 86, s. 4,” substitute "24 & 25 Vict. c. 96, s. 1."

For the offences here described, for which offenders may be apprehended who are found committing them, substitute the following:

Under the Larceny Act, 24 & 25 Vict. c. 96, s. 103, which applies to