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1828. when articles of small value shall be stranded or cast on shore, and 9 Geo. 4,

shall be stolen without circumstances of cruelty, outrage, or viocap. 74. lence, it shall be lawful to prosecute and punish the offender as for

simple larceny.

Shipwrecked Goods in possession of any Person or offered for Sale. (91) And be it enacted, that if any goods, merchandize, or articles of any kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, shall by virtue of a searchwarrant, to be granted as hereinafter mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall by order of the jnstice be forth with delivered over to or for the use of the rightful owner thereof; and the offender, on the conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding two hundred sicca rupees, as to the justice shall seem meet. "

(92) And be it enacted, that if any person shall offer or expose for sale any goods, merchandize, or articles whatsoever, which shall have been unlawfully taken, or reasonably suspected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall by order of the justice be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding two hundred sicca rupees, as to the justice shall seem meet.

Stealing, &c. of Records and other Proceedings of Courts of Justice.

(93) And be it enacted, that if any person shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy, any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatever, 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 1828. any bill, answer, interrogatory, deposition, affidavit, order or decree,

s 25 July,

9 Geo. 4, or any original document whatsoever, of or belonging to any court of cap. 74. equity, or relating to any cause or matter begun, depending, or terminated in any such court; every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct for any term not exceeding 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. Stealing or destroying of Wills, or stealing Writings relating to Real

Estate. (94) And be it enacted, 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 ;, 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.

(95) And be it enacted, 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; and in any indictment for such offence it shall be sufficient to . allege the things 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.

(96) Provided always, and be it enacted, 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

1828. be liable to be convicted of either of the misdemeanors aforesaid, 25 July; by any evidence whatever, in respect of any act done by him, if 9 Geo. 4, cap. 74.' 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 hall have been bona fide instituted by any party aggrieved.

Stealing Beasts or Birds kept in Confinement. (97) And be it enacted, that if any person shall steal any dog, or shall steal any beast or bird, ordinarily kept in a state of confinement, not being the subject of larceny at common law, every such offender, being convicted thereof before a justice of the peace, shall for the first offence forfeit and pay, over and above the value of the dog, beast, or bird, such sum of money, not exceeding two hundred sicca rupees, as to the justice shall seem meet; and if any person 80 convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped after the expiration of four days from the time of such conviction.

Stealing Fixtures from Buildings or from Grounds. (98) And be it enacted, that if any person shall steal, or rip, cut, or break with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed in or to any building whatsoever, or any thing made of metal fixed in any land being private property, or for a fence to any dwelling-house, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny ; and in case of any such thing fixed in any square, street, or. other like place, it shall not be necessary to allege the same to be the property of any person. Clerks and Servants stealing from their Masters, or embezzling Money,

&c. received on their Account. (99) And be it enacted, that if any clerk or servant shall steal any chattel, money, or valuable security, belonging to or in the possession or power of his master, .every such offender, being convicted thereof, shall be liable, at the discretion of the court, to be trans

ported

ported to such place as the court shall direct for any term not 1828.

25 July, exceeding fourteen years, or to be imprisoned for any term not 9 Geo. 4, exceeding three years, and if a male, to be once, twice, or thrice cap. 74. publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment.

(100) And be enacted, that if any clerk or servant, or any person cmployed for the purpose or in the capacity of a clerk or servant, shall by virtue of such employment receive or take into his possession any chattel, money, or valuable security, for or in the name or on the account of his master, and shall fradulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same froin his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed; and every such offender, being con. victed thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last mentioned.

(101) And be it enacted, that it shall be lawful to charge in one indictment, and proceed under the same against the offender for any number of distinct acts of embezzlement not exceeding three, which may have been committed by him against the same master within the space of twelve calendar months from the first to the last of such acts; and in every such indictment, except where the offence shall relate to any chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin or valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly.

Agents embezzling Money entrusted to them. (102) And be it enacted, that if any money, or security for the payment of money, shall be intrusted to any banker, merchant, broker, attorney, or other agent, with any direction in writing to apply such money or any part thereof, or the proceeds or any part of the proceeds of such security, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security, or proceeds, or any part thereof respectively, every such offender shall be guilty of a misdemeanor, and being

convicted

award; and is the one transfer, authority of

· 1828. convicted thereof, shall be liable, at the discretion of the court, to 9 Geo. 4,

ily be transported to such place beyond the seas as the court shall direct, cap. 74. for any term not exceeding fourteen years, or to suffer such other

punishment by fine or imprisonment, or by both, as the court shall award; and if any chattel or valuable security, or any power of attorney for the sale or transfer of any share or interest in any public stock or fund established by authority of Parliament or of the said United Company, or of any foreign state, or in any stock or fund of any body corporate, company, or society, shall be entrusted to any banker, merchant, broker, attorney, or other agent, for safe custody, or for any special purpose, without any authority to sell, negociate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negociate, transfer, pledge, or in any manner convert to his own use or benefit such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last mentioned.

Not to affect Trustees or Mortgagees, nor to restrain Bankers, &c.

(103) Provided always, and be it enacted, that nothing hereinbefore contained relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage ; nor shall restrain any banker, merchant, broker, attorney, or other agent, from receiving any money which shall be or becoine actually due and payable upon or by virtue of any valuable security according to the tenour and effect thereof, in such manner as he might have done if this act had not been passed; nor from selling, transferring, or otherwise disposing of any securities or effects in his possession upon which he shall have any lien, claim, or demand entitling him by law so to do, unless such sale, transfer, or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim, or demand.

Factors pledging for their own use Goods, &c. entrusted to them. (104) And be it enacted, that if any factor or agent entrusted for the purpose of sale with any goods or merchandize, or entrusted with any bill of lading, warehouse-keeper's or wharfinger's certificate or warrant or order for delivery of goods or merchandize, shall, for his own benefit, and in violation of good faith, deposit or pledge any

such

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