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Stores.

as relates to naval stores,

sons inter

rized.

reign of King George the Second, and the fortieth year of the reign of his present majesty, hereinbefore recited, so far as the same, severally, relate to his majesty's naval, c. 89, so far ordnance, and victualling stores, therein respectively mentioned, and all the pains, penalties, forfeitures, regulations, shall extend restrictions, powers, provisions, clauses, matters, and to all public things therein respectively contained, relating to his ma- stores, and jesty's naval, ordnance, and victualling stores, therein to all perrespectively mentioned, shall extend, and be construed to meddling extend, to all public stores whatsoever, under the care, therewith, superintendence, or control, of any officer or person in the not autho service of his majesty, his heirs, or successors, or employed in any public department, or office, either marked with the marks, or any of them in the said recited acts, or any of them specified, or with the broad arrow, and the letters B. O. or with a crown and the broad arrow, or with his majesty's arms, or with the letters G. R., to denote the property of his majesty, his heirs, or successors, therein, and to all and every person and persons not authorized by the proper officer or officers, person or persons in his majesty's service, in that behalf so to do, using any such marks, or making any goods marked with such marks, or any of them, and to all and every person and persons, in whose custody, possession, or keeping, any such public stores, so marked as aforesaid, shall be found, or who shall willingly or knowingly receive or have in his, her, or their custody, possession, or keeping, or who shall conceal any such public stores so marked as aforesaid, unless such person or persons shall, upon his, her, or their trial, produce a certificate or certificates, under the hand or hands of the proper officer or officers, person or persons in his majesty's service, authorized to grant the same, of such and the like nature as the certificate, in the said recited acts of the ninth and tenth year of the reign of King William the Third, and fortieth year of the reign of his present majesty, mentioned, and to all and every person and persons who shall wilfully and fraudulently destroy, beat out, take out, cut out, deface, obliterate, or erase, wholly or in part, any of the said marks, or cause, procure, employ, or direct any other person or persons so to do, for the purpose of concealing the property of his majesty, his heirs, or successors therein, as fully and effectually, to all intents and purposes, as if all the same several pains, penalties, forfeitures, regulations, restrictions, powers, provisions, clauses, matters, and things in the said several acts contained, so far as the same severally relate to his majes ty's naval, ordnance, and victualling stores; and the punishment of persons, offending in manner therein mentioned, were herein and hereby severally repeated and re-enacted, in respect to all other public stores whatsoever.

Stores.

Note.

4 Geo. 4, c. 53.

Whereas, by an act passed in the twenty-second year of the reign of his late majesty King Charles the Second, intituled An Act for taking away the Benefit of Clergy, from such as steal Cloth from the Rack, and from such as shall steal or embezzle his Majesty's Ammunition and Stores, the benefit of clergy is taken away from persons convicted of

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stealing or embezzling any of his majesty's sails, cordage, or any other his majesty's naval stores, to the value of twenty shillings; provided that it shall be lawful for the judges to grant a reprieve for the staying of the execution of such offenders, and to cause them to be transported for the space of seven years, and kept to hard labour And whereas it is expedient that a lesser degree of punishment than that of death should be provided for the offence from which the benefit of clergy is so taken away as aforesaid, and that the same punishment should be extended in manner hereinafter mentioned: be it therefore enacted, &c., that so much of the said recited act as takes away the benefit of clergy from the persons convicted of the offences hereinbefore mentioned, shall be, and the same is hereby repealed; and that, from and after the passing of this act, every person who shall be lawfully convicted of his majesty's ammunition, sails, cordage, or naval or military stores, or of procuring, counselling, aiding, or abetting any such offender, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned only, or to be imprisoned and kept to bard labour in the common gaol, or house of correction, for any term not exceeding seven years.

stealing or embezzling

The clauses which are here omitted have reference to acts which are now repealed.

Embracers,

EMBRACERY.

(See also tits. "Maintenance” and “ Champerty.”)

6 Geo. 4, c. 50.

LXI. Provided always, and be it enacted and declared, and corrupt that, notwithstanding any thing herein contained, every jurors, punishable person who shall be guilty of the offence of embracery, by fine and and every juror who shall wilfully or corruptly consent imprison

ment.

thereto, shall and may be respectively proceeded against by indictment or information, and be punished by fine and imprisonment, in like manner as every such person and juror might have been before the passing of this act.

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"It is provided also, that nothing be demanded nor taken from henceforth, nor levied by the sheriff nor by any other, for the escape of a thief or a felon, until it be judged for an escape by the justices in eyre; and he that otherwise doth, shall restore to him or them that have paid it, as much as he or they have taken or received, and as much also unto the king."

Note. It was adjudged that the jurisdiction of the Court of King's Bench was not restrained by this

5 Ed. 3, c. 8.

statute, that court being itself the highest court of eyre: 1 Russ. 374.

"Item, because that persons indicted of felonies, robberies, and theft, in times past, have removed the same indictment before the king, and there yielded themselves, and by the marshals of the King's Bench have been incontinently let to bail, and after have done many evil deeds, and lain in wait to slay and evil intreat their enditors, and also persons appealed of felony, after the exigent awarded, have yielded themselves before the king, and have been let to bail by the said marshals." "It is accorded and established, that such enditees and appellees shall be safely and surely kept in prison, as belongeth to them according to the charge which the said marshals shall have of the justices. And if any marshal do otherwise, at the complaint of every man that will complain, the justices shall do to him right during the terms; and in the end of the terms, upon their rising, the said marshals shall choose before the said justices, before they depart the places, in what town they will keep such prisoners, at their peril. And in the same town they shall allow to them houses to keep such prisoners at their own costs and charges; and there they shall keep them in prison, and shall not suffer them to go wandering abroad, neither by

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shal which prisoner to

suffereth a

escape.

bail nor without bail; and if any such prisoner be found The penalty wandering out of prison by bail or without bail, and that of the mar be found at the king's suit, or at the suit of the party, the marshals which shall be found thereof guilty shall have half-a-year's imprisonment, and be ransomed at the king's will; and the justices shall thereof make inquiry when they see time; and as to the marshals, it shall be done within the verge that which reason will; and in case that the marshals suffer by their assent such prisoners to escape, they shall be at the law, as before this time they have been; and the king intendeth not by this statute to lose the escape, where he ought to have the same."

31 Ed. 3, st. 1 c. 14.

66 Item, it is accorded that the escape of thieves and felons, and the chattels of felons and of fugitives, and also escapes of clerks convict out of their ordinaries' prison, from henceforth to be judged before any of the king's justices, shall be levied, from time to time, as they shall fall, as well of the time past as of the time to come.'

Note. The stat. 1 Rich. 3, c. 3, which gave justices of the peace jurisdiction in cases of escape, is repealed by 7 Geo. 4, c. 64. But

there is no doubt that they still have jurisdiction, both by virtue of this statute, for they are king's justices, and also by their general authority in all breaches of the peace. Every indictment for an escape, whether negligent or voluntary, must show that the party was actually in the defendant's custody for some crime, or upon some commitment on suspicion; and it is not sufficient to say that he was in the defendant's custody, and charged with such a crime; for that is no allegation that he was in custody upon that charge: 2 Haw, P. C. c. 97, s. 4. It should also shew that the prisoner went at large, and also the time when the offence was committed for which the party was in custody; not only that it may appear that it was prior to the escape, but also that it was subsequent to the last general pardon. If the indictment be for a voluntary escape, it must allege that the de

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fendant feloniously and voluntarily
permitted the prisoner to go at
large, and must also show the spe-
cies of crime for which the party
was imprisoned; for it will not be
sufficient to say, in general, that he
was in custody for felony, &c. But
it is questionable whether such cer-
tainty, as to the nature of the crime,
be necessary in an indictment for a
negligent escape, as it is not, in
such a case, material whether the
person who escaped were guilty or
not: 1 Russ. 374. On escapes ge-
It may
nerally, see 1 Russ. 367.
here be shortly observed, that to
charge an officer with an escape,
there must have been an actual ar-
rest, and the arrest and imprison-
ment must have been justifiable :
1 Russ. 369. Moreover, the impri-
sonment must have been for some
criminal matter, or the escape will
not be the subject of indictment.
A voluntary escape amounts to the
same kind of crime as the offence
of which the party was guilty, and
for which he was in custody, whe-
ther actually committed to some
gaol, or under an arrest only, and

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not committed; and whether he were attainted or only accused of such crime, and not indicted therefore. However, the principal gaoler is fineable only for a voluntary escape, suffered by his de

6 Geo. 4, c. 5.

puty: 1 Russ. 375. A negligent escape is punishable by fine. On negligent escapes, see 1 Russ. 371. To bail a person not bailable by law, is a negligent escape: Plowd. 476.

XIII. Be it enacted, that if any offender under sentence of death by a court-martial as aforesaid shall obtain his majesty's conditional pardon as aforesaid, all and every the laws now in force, touching the escape of felons under sentence of death, shall apply to such offender, and to all persons aiding, abetting, or assisting, in any escape or intended escape of any such offender, or contriving any such escape, from the time when such order shall be made by such justice or baron as aforesaid, and during all the several proceedings which shall be had for the purposes aforesaid.

Note.-A similar provision is contained in the 6 Geo. 4, c. 6, s. 14, which is an act for regulating the

4 Geo. 4, c 64.

royal marine forces while on shore. And see, as to the navy, stat. 37 Geo, 3, c. 140, s. 6.

I. [Repeals so much of the 15 Geo. 2, c. 31, as relates to the escape of prisoners from any gaol or prison to which this act shall extend.]

II. And be it further enacted, that from and after the commencement of this act there shall be maintained, at the expense of every county in England and Wales, one common gaol, and at the expense of every county not divided into ridings or divisions, and of every riding or division of

extend.

a county (having several and distinct commissions of the The gaols peace, or several or distinct rates in the nature of county to which rates, applicable by law to the maintenance of a prison for this act shall such division) in England and Wales, at least one house of correction; and one gaol and one house of correction shall be maintained in the several cities, towns, and places mentioned in the schedule marked (A.), annexed to this act; and the regulations and provisions contained in this act shall extend, in manner hereinafter mentioned, to every such gaol and house of correction maintained at the expense of such county, riding, division, city, town, or place, and to the several gaols and houses of correction in the cities of London and Westminster.

III. Provided always, and be it enacted, that where there shall have been already established, and shall be existing at the time of passing of this act, in any county, riding,

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