s. 2. Eng. the offender had stolen or taken by robbery any other goods of like value with the money due on such orders, &c. or secured thereby, and remaining unsatisfied; and such offender shall suffer such punishment as he should have done if he had stolen other goods of the like value with the monies due on such orders, &c. or secured thereby, and remaining unsatisfied. To this head also is to be referred the clause of the 7 Geo. 3. c. 50, Eng, which enacts, (s. 2.) that if any person what-7 Geo. 3. c. 50. soever shall rob any mail, in which letters are sent or conveyed by the post, of any letter, packet, bag, or Stealing, &c. letters, out of mail of letters; or shall steal and take from out of any any mail, a casuch mail, or out of any bag of letters, sent or conveyed pital felony, by the post, or from any post-office or house or place for the receipt or delivery of letters or packets sent by the post, any letter or packet, although such robbery, stealing, or taking, shall not appear, or be proved, to be a taking from the person, or upon the king's highway, or to be a robbery committed in any dwellinghouse, or any coach-house, stable, barn, or out-house belonging to a dwelling-house; and although it should not appear that any person was put in fear by such robbery, &c.; yet such offender shall be guilty of felony without benefit of clergy. And the 42 Geo. 3. c. 81. 42 Geo. 3.c.81. G. B. recites the 7 Geo. 3. c. 59. s. 3. supra, and that by s. 3. G. B. reason of the difficulty and frequent impossibility of dis- Where such covering and proving the particular county, &c. within offences may be which said offences have been committed, divers persons have escaped punishment; and therefore enacts, that said felonies and offences shall and may be alleged and laid, tried and determined, if committed in England, either in the county wherein such felony or offence shall be committed, or wherein such offender shall be apprehended, and if committed in Scotland either in the justiciary court of Edinburgh, or in the court of the circuit of that part of the united kingdom within which circuit such felony or offence shall be committed, or such offender shall be apprehended. And by the 28 Geo. 3. c. 13. s. 4. Ir. if any person, whether employed or not s. 4. Ir. employed in business relating to the post-office, any shall tried 28 Geo. 3.c. 13. Stealing, &c. shall rob, or wilfully stop or detain with intent to rob, &c. land, a capital felony. letters out open, search, or impede the progress of any express, letter, or packet, sent by express, or by any post-boy, post-rider, or express-rider, or shall steal or feloniously take from any such post-boy, &c. any packet, letter, article, or thing, with which he shall be entrusted, although such robbing, stealing, or taking, shall not appear or be proved to be a taking from the person, or upon the king's highway, or to be a robbery or felony committed in any dwelling-house, or any coach-house, stable, barn, or any out-house belonging to a dwelling-house, and although it should not appear or be proved that any person were put in fear by such robbery, &c.; [*or if any post-boy, post-rider, or express-rider, shall wilfully rob or open, embezzle, secretę, or destroy any express, letter, or packet, with which he shall be entrusted; or shall steal or feloniously take thereout, or wilfully permit or suffer any other person to steal or take thereout, any letter, packet, or thing;] or if any other person shall, with or without the knowledge or privity of such post-boy, &c. steal or feloniously take from such postboy, &c. any letter, packet, or thing; or if any person shall receive any such letter, &c. which shall have been stolen or feloniously taken as aforesaid, knowing the same to have been stolen, &c. every such offender shall be guilty of felony without benefit of clergy. And by s. 5. every person receiving any such letter, packet, or thing, knowing the same to have been stolen or feloniguilty capitally. ously taken, shall be deemed a principal felon, and shall be triable although the person who actually committed such theft or robbery, shall not have been previously apprehended, tried, or convicted. And the 38 Geo. 3. c. 47. s. 2. Ir. (which has been in part stated, ante p. 928.) also enacts, that if any person employed or not employed in any business relating to the post-office, shall rob (or wilfully stop or detain, with intent to rob, search, or impede the progress thereof) any mail, or bag s 5. Receivers also 38 Geo. 3.c.47. 5. 2. Ir: Similar clause. f in : t The other clauses of the several statutes which relate to embezzlements by persons employed in the business of the post-office will be found, ante P. 925. to 931. in which letters are sent or conveyed by the post, or from any post-boy, post-rider, or letter-carrier, employed in any business relating to the post-office, or from out of any post-office, or house or place for the receipt or delivery of letters and packets sent by the post; or from out of any coach, cart, or other conveyance, by which letters are sent by the post, any letter, packet, bag or mail of letters, although such robbery, stealing, or taking, shall not appear or be proved to be a taking from the person, or upon the king's highway, or to be a robbery committed in any dwelling-house, or any coach-house, stable, barn, or any out-house belonging to a dwelling-house, and although it should not appear or be proved that any person was put in fear by such robbery, &c.; or if any person shall be aiding or assisting in the committing of any of said offences; or if any person shall receive any such mail or bag of letters, or any letter or packet, or any article or thing therein contained, or which shall have been feloniously taken out therefrom, or which shall have been otherwise feloniously taken as aforesaid, knowing the same to have been stolen or feloniously taken; such offender shall be guilty of felony without benefit of clergy. The 23 & 24 23&24 Geo. 3. Geo. 3, c. 17. s. 30. Ir. (as amended by the 38 Geo. 3. c. 47. s. 1, Ir.) further enacts, that no person shall wittingly, willingly, or knowingly, open, embezzle, or destroy, or cause, procure, or permit or suffer to be open- livered into the ed, &c. any letter or packet after the same shall be deli- post office, &c. guilty capitally. vered into the general or other post-office, or into the hands of any person employed for the receiving or carrying post letters, and before delivery to the persons to whom directed, or for their use, except by an express warrant in writing, under the hand and seal of the lord lieutenant; or except in cases where the party to whom such letter or packet shall be directed, or who is hereby chargeable with the payment of the postage thereof, shall refuse or neglect to pay the same; and except such letters or packets as shall be returned for want of true directions, and where the party, to whom the same is or are directed, cannot be found; and every person offending herein c. 17. s. 30. Ir. Persons opening or embezzling letters, &c. af ter they are de By 38Geo. 3. herein, [*or who shall be aiding or assisting in commitc. 47. s. 1. Ir. ting any of said offences,] shall be guilty of felony without benefit of clergy. Stealing pump from vessel in distress, or do ing any thing tending to the loss of such ves sel, a capital felony. 12 Ann. st. 2. 8.4. Persons secret The statutes which respect the king's right, by virtue of his prerogative, to wreck of the sea, have been already referred to (vol. 1. p. 188-9.) but it was reserved for this place to state the provisions of the several statutes, English and Irish, which were framed for the prevention of c. 13. s.5. Eng. wrecks, and the preservation of the property in thein. By the 12 Ann. st. 2. c. 18. s. 5. Eng. if any person shall make, or be assisting in making any hole in the bottom, side, or any other part of any ship or vessel in distress, (viz. in danger of being stranded or run on shore, or being stranded or run on shore,) or shall steal any pump belonging to any vessel so in distress, or shall be aiding or assisting in the stealing such pump, or shall wilfully do any thing tending to the immediate loss or destruction of such ship, &c. such person shall be guilty of felony without benefit of clergy. And by s. 4. in case any goods shall be found upon any person that were stolen ing the goods of or carried off from any such vessel so in distress, he, on vessels wrecked, whom such goods shall be found, shall immediately, on demand, deliver the same to the owner thereof, or to such person by such owner authorized to receive the same, or in default thereof, shall be liable to pay treble the value of such goods, to be recovered in an action by such owner. And the 26 Geo. 2. c. 19. Eng. further enacts (s. 1.) that if any person shall plunder, steal, take away or destroy any goods or merchandize, or other efgoods, &c. from fects, from or belonging to any ship or vessel which tress, or prevent shall be in distress, or which shall be wrecked, lost, ing the escape of stranded or cast on shore, in any part of his majesty's dominions, (whether any living creature be on board lights, a capital such vessel or not,) or any of the furniture, tackle, apparel, provision, or part of such vessel; or shall beat or wound with intent to kill or destroy, or shall otherwise wilfully obstruct the escape of any person endeavouring to save his life from such vessel, or the wreck thereof; or if any person shall put out any false light with intention to bring any vessel into danger; such offender shall be &c. how pun ished. 26 Geo.2.c. 19. s. 1. Eng. Stealing any vessels in dis any person therefrom, or putting out false felony. s. 2. goods of small s. 3. Jurisdiction of guilty of felony without benefit of clergy. Provided (s. 2.) that when goods or effects of small value shall be stranded, lost or cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence; then Proviso as to any person may prosecute such offence by way of in- value. dictment for petit larceny; and the offender shall suffer as in cases of petit larceny. By s. 3. it shall be lawful for any justice of peace, upon information on oath of any part of the cargo or effects belonging to any vessel justices of peace lost or stranded upon or near the coasts aforesaid, being in respect to searching for unlawfully carried away or concealed in any house, barn, part of cargo. or other place, or of some reasonable cause of suspicion thereof, to issue his warrant for the searching of such house, &c. as in other cases of stolen goods: and if the same shall be found in such house, &c. or upon or in the custody or possession of any person not legally authorized or entitled to keep or withhold the same; and the owner or occupier of such house, &c. or the person upon whom or in whose custody, &c. the same shall be found, shall not immediately, upon demand, deliver the Persons with whom any part same to the lawful owner thereof, or to such other per- found, how son as shall be lawfully authorized to demand the same; or shall not give a good account to the satisfaction of such justice how he came by or became possessed thereof; such justice shall, upon proof of such refusal, commit the said offender to the common gaol for 6 months, or until he shall have paid to such lawful owner, or to the person lawfully authorized to receive the same, treble the value of the goods so by him unlawfully detained. And by s. 4. if any person shall offer or expose to sale, any goods belonging to any vessel lost, stranded, or cast on shore as aforesaid, and unlawfully taken away, or rea- Who may seize sonably suspected so to have been; it shall be lawful for such goods exposed to sale. the person to whom the same shall be so offered for sale, or any officer of the customs or excise, or any constable or other peace officer, to stop, take and seize, such effects; and he shall, with all convenient speed, carry the same, or give notice of such seizure, to some justice of peace; and if the person who shall have offered such goods to sale, or some other person on his behalf, shall dealt with. s. 4. not |