this act and the special matter in evidence at any trial to be had thereupon. And no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant. And if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge, before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereupon.

Costs.

Scotland, or

cept in two

LXXVI. Provided always, and be it enacted, This act not That nothing in this act contained shall extend to to extend to Scotland or Ireland, except as follows; (that is Ireland, ex to say :) that if any person having stolen or other- cases. wise feloniously taken any chattel, money, valuable security, or other property whatsoever, in any one part of the united kingdom (32), shall

(32) Where the prisoner stole goods in Jersey, and they were shortly afterwards found in his possession at Weymouth in Dorsetshire: the judges held that he could not be indicted for it in Dorsetshire, within the meaning of this

X

To extend to

offences com

afterwards have the same property in his possession, in any other part of the united kingdom, he may be dealt with, indicted, tried, and punished for larceny or theft in that part of the united kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part; and if any person in any one part of the united kingdom shall receive or have any chattel, money, valuable security, or other property whatsoever, which shall have been stolen or otherwise feloniously taken in any other part of the united kingdom, such person knowing the said property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried, and punished for such offence in that part of the united kingdom where he shall so receive or have the said property, in the same manner as if it had been originally stolen or taken in that part.

LXXVII. And be it enacted, That where any mitted at sea. felony or misdemeanor punishable under this act, shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction.

R. V.

section, or, in other words, that Jersey was not a part of the
united kingdom within the meaning of this act.
Prowes, R. & M. 349.

INDEX

TO THE FIRST VOLUME.

A.

ABATEMENT, no plea in, for misnomer or want of addition,
but the court may amend the indictment, 209.
(7 G. 4, c. 64.)

Abettors-See "Aiders"—" Principals in the second degree."
Accessories after the fact, in felonies against 7 & 8 Geo. 4,
c. 29, how punishable, 442.

Accessory after the fact, may be tried by any court before
whom the principal felon may be tried, 203, (7 G. 4,
c. 64;) and if the offences be committed in different
counties, the accessory may be tried in either, 203;
he may be prosecuted after conviction of the principal,
though the principal be not attainted, 204.

Accessories before the fact, in felonies against 7 & 8 G. 4,
c. 29, how punishable, 441.

Accessories before the fact may be tried as such, or as for a
substantive felony, by any court before whom the
principal felon may be tried, although the offence be
committed on the seas or abroad, 201, (7 G. 4, c.
64;) and if the offences be committed in different
counties, the accessory may be tried in either, 202;
indictment against an accessory before the fact, toge-
ther with the principal, 202; the like, against the
accessory alone, as for a substantive felony, 203;
accessory before the fact may be tried after conviction
of the principal, though the latter be not attainted,

204.
Accusing or threatening to accuse a party of an infamous
crime, in order to extort money from him, punish-
ment, 298, 299; indictment, 301; evidence, 302.
Addition, want of, not pleadable in abatement, 209-See
"Abatement."

Admiralty Offences under 43 G. 3, c. 58, committed at
sea, punishable as if committed on land, 54; how
tried, 54; persons tried for capital offences committed

at sea to have the benefit of clergy, as if committed
on land, 50, 53; all offences committed at sea now
punishable in the same manner as if committed on
land, 53 n. 266, (7 & 8 G. 4, c. 28;) where triable,
53 n.; commissioners for trying such offences, or
justices, may take the examinations and commit the
offenders, 186, 187. (7 G. 4, c. 38.)-See "Cinque
Ports."

Advertising a reward for the return of stolen property, &c.,
penalty, 438.

Agent Agents, bankers, merchants, brokers, or attornies
embezzling money entrusted to them to be applied to a
special purpose, punishment, 419, (7 & 8 G. 4, c.
29, s. 49;) indictment, 421; evidence, 422; such
persons selling or converting to their own use goods,
valuable securities, or powers of attorney entrusted to
them for safe custody, punishment, 419; indictment,
423; evidence, 423; not to affect trustees or mort-
gagees, &c., 420; or agents &c. who have disclosed
their offence by reason of any compulsory process,
425-See "Factor."

Aiders and abettors, in misdemeanors against 7 & 8 G. 4,
c. 29, how punishable, 442; in offences against 7 &
8 G. 4, c. 29, punishable on summary conviction,
punished as principals, 443.

Alms, collecting, under fraudulent pretences, punishment,
122, 123-See "Vagrant,"

Angling-See "Fish.”

Animals-See" Cruelty to Animals"-animals feræ naturæ,
larceny of, 281, 366, 368-See" Larceny."
Animals, how described in an indictment for larceny of
them, 282.

Appeal-See "Summary Proceedings."

Apprehension of offenders: persons committing offences
against 7 & 8 G. 4, c. 29, may be apprehended with-
out warrant, 443; persons to whom stolen property
is offered may seize the party offering it, 444.

Armed, with intent to commit a felony, punishment, 122,
123-See "Vagrant."

Arms, assemblies for the purpose of training to, unlawful, 1.
(60 G. 3 & 1 G. 4, c. 1.)

Asportation in larceny, what, 281.

Assault with intent to rob, punishment, 290, (7 & 8 G. 4,
c. 29;) indictment, 296; evidence, 297.
Attainder of another crime, not pleadable, 261. (7 & 8
G. 4, c. 28.)

Attorney-See "Agent."

B.

Bail: who may be admitted to bail on a charge of felony,
and who not, 188-190. (7 G. 4, c. 64.)

Bailee, larceny by, in what cases, 277-280.

Bailor may be guilty of stealing his own goods from the
bailee, 270, 271.

Banishment for libel, 15; repealed, 16 n.

Bank of England notes, forging, 54; persons engraving &c.
any plate for producing an impression of all or any
part of certain notes of the Bank of England, without
authority, or using such plate, or having such plate
in possession, or uttering any impression from it-
felony, transportation, 55, 56; persons engraving on
any plate any resemblance of the ground-work of a
note of the Bank of England, without authority, or
using such plate, or having such plate in possession,
or uttering any impression from it-felony, transpor-
tation, 56-59; Bank may cause the name of their
signing clerk to be impressed upon their notes by
machinery, 59.

Bank notes, stealing-See " Note."
Banker-See "Agent."

Bankrupt: Bankrupt not surrendering and submitting to be
examined, or not making discovery of his estate and
effects, or not delivering up his goods, books, &c., or
concealing or embezzling to the value of £10-felony,
transportation or imprisonment &c., 169, 170, (6 G.
4, c. 16, s. 112;) indictment for not surrendering,
170; evidence, 171; indictment for not discovering
his property upon his examination, 172; evidence,
172; indictment for not delivering up his effects
upon his examination, 173; evidence, 173; indict-
ment for concealing or embezzling his effects, 173;
evidence, 174.

Barge-See" Ship."

Baron and Feme: Wife cannot be indicted for stealing the
goods of her husband, 270; in what cases she may
be indicted for receiving stolen goods, 435.

Beasts, not the subject of larceny at common law, stealing,
punishment, 368; conviction, 369, 370; persons
found in possession of them, knowing them to have
been stolen, punishment, 370; conviction, 370, 371.
-See" Cattle."

Beating or wounding deer-keepers in the execution of their
duty, punishment, 363; indictment, 363; evidence,

365.

Beggars, punishment of, 120-123-See "Vagrant."
Benefit of Clergy-See " Clergy."