prisoner with knowledge that they had been stolen. If goods are stolen, and then returned by the owner to the thief, with directions to sell them to the prisoner, who had previously been suspected of receiving stolen goods, and the thief does so sell them, and hands over the proceeds to the former, the prisoner could not, under these circumstances, be convicted as a receiver; for, although such a case would seem to come within the spirit, it does not come within the words, of the Statute, (7 & 8 G. IV., c. 29), because the goods that had been stolen had subsequently passed into the possession and were under the control of the real owner, and, being so in his possession and control, were transferred by his authority to the prisoner. (R. v. Dolan, 1 Dears., 436, overruling R. v. Lyons, Car. & M, 217).

The receiving must be proved; i. e., the possession, actual or construetive, must be shown to have passed to the prisoner; and therefore, where stolen fowls were forwarded in a hamper by a coach, without any address, but with instructions that it would be called for, and it was accordingly called for by the wife of one of the prisoners, who, however, on applying for it, was apprehended before it had been delivered to her, it was held that the wife could not be convicted of receiving stolen property, because she could not be said, by merely claiming the fowls, which never were actually or potentially in her possession, to have, in fact or law, received them. (R. v. Hill, 1 Den., 453).

In order to sustain an indictment for receiving stolen goods, it is not, indeed, necessary to show manual possession of them by the prisoner, provided they be within his control, or constructively in his possession. (R v. Smith, 1 Dears., 494).

Although "receiving" implies "a taking into possession, actual or constructive," there may be much difficulty in distinguishing between the receipt of goods and the mere intention to receive them. "In all these cases, boundary lines," remarks Alderson B., (R. v. Wiley, 2 Den. C. C., 49), " are matters of great nicety, and seem to unthinking persons to involve absurd and frivolous distinctions; but those who are practically acquainted with the administration of the law have daily experience of their necessity, and know that, without them, acts and principles essentially different from each other in nature and operation, would be confounded together."

Married Woman].-In R. v. Brooks, the prisoner, a marrried woman, was indicted for receiving stolen goods; it appeared that the goods had been stolen by prisoner's husband from his employer, and were afterwards taken home and given to his wife by him. Held, that the prisoner could not properly be convicted of the offence; for there was not, under such circumstances, a receiving of the goods,-husband and wife being, for many purposes, regarded as one person in law. (1 Dears., 184).

Robbery is an open and violent larceny from the person, or the felonious and forcible taking from the person or in the presence of another, of goods or money against his will, by violence or by putting him in fear. In order to sustain an indictment for robbery, the prosecutor must prove either that he was actually in bodily fear from the defendant's actions at the time of the robbery, or he must prove circumstances accompanying the robbery, such as, in common experience, are likely to induce a man to part with his property for the safety of his person; and the law will presume fear

where there appears to be just grounds for it. (Fost., 128). A man may be convicted upon an indictment of stealing from the person, although the evidence adduced would have sufficed to sustain a charge of robbery. (R. v. Pearce, Rus. & R., 174). Also, on indictment for robbery, the prisoner may be convicted of an assault with intent to rob. (16 Vic., No. 18, s. 10). Stealing in a Dwelling-house].-In regard to the meaning of the word dwelling-house, see supra, "Burglary." The offence of stealing in a dwelling-house may be in various degrees, according as the value of the chattel stolen is, or is not, below £5 in amount; (7 & 8 G. IV., c. 29, s. 12); in the former of which cases it is punishable merely as simple larceny, or as it is accompanied or not by any menace or threat, putting any person within such dwelling-house in bodily fear. (1 Vic., c. 86, s. 5). Either of these two latter offences is, however, justly regarded by our law as a crime of less enormity than that of breaking into a dwelling-house and stealing therein, and, a fortiori, than that of breaking into a dwellinghouse by night with intent to commit felony.

In order to ensure a conviction for the offence of stealing in a dwellinghouse to the value of £5, it is necessary to establish in evidence:-1. The larceny; 2. That the value of the thing taken reached the statutory limit; 3. That the larceny was committed within the dwelling-house of the prosecutor or some other person; (2 Mood. C. C., 285); and that the chattel stolen was, in technical phraseology, "under the protection of the dwelling-house." (R. v. Carroll, 1 Mood. C. C., 89).

S. 16 Vic., No. 6, s. 2, & 14 Vic., No. 2. [Two Justices in Petty Sessions and in open Court].-(1) Any person committing, or attempting to commit, or aiding, abetting, counselling, or procuring the commission of a simple larceny, or of any offence deemed or declared to be punishable as simple larceny, in which the money or property stolen shall not exceed in value the sum of forty shillings, (19 Vic., No. 24, s. 11), and consenting to have case determined by Justices.

P. Impr., with or without h. 1., or h. 1. on the roads, at the discretion of the Justices, for not exc. 6 cal. m.; or, in the discretion of the Justices, forfeit not exc. 20s. (y) (z)

66

(Y) Jurisdiction].-The words of s. 2 of 16 Vic., No. 6, are-" the like jurisdiction as by 14 Vic., No. 2, is given, (see "Juvenile Offenders "), shall and may hereafter be exercised in, and all the provisions in the said Act contained shall, so far as the same are applicable, subject to the provisions" of s. 3, (see infra), be extended and applied to all cases in which any person of any age exceeding 16 years shall be charged with any such offence as in the said Act is mentioned." These words are large enough to comprehend aiders and abettors of such larceny, &c., where the offenders are more than 16 years old, as this offence is certainly mentioned in s. 2 of 14 Vic., No. 2; although, as we have seen, it is not brought within the summary jurisdiction in the case of juvenile offenders. See Note (v), "Juvenile Offenders.'

By s. 3, "One of the Justices before whom any person shall be charged and proceeded against under this Act, before such person shall be asked whether he or she has any cause to show why he or she should not be convicted, shall say to the person so charged these words, or words to the like effect:-"We shall have to hear what you wish to say in answer to the charge against you; but if you wish the charge to be tried by a jury, you must object now to our deciding upon it at

S. 7 & 8 G. IV., c. 29, s. 31. (A) [One Justice].-(2) Beasts and Birds].-Stealing (B) any beast or bird ordinarily kept in a state of confinement, not being the subject of larceny at Common Law. (c) (D) (E)

P. (1st offence), Forfeit, over and above the value of the beast or bird, not exc. £20, (F) (s. 31); in default of payment immediately or within period appointed, impr., with or without h. I., for not more than 2 cal. m. where the amount of the sum forfeited or of the penalty imposed, or of

once ;" and if such person shall then object, the Justices shall proceed with the charge as if the said Acts had not been passed."

(z) Procedure].-The procedure would seem to be by summons, or warrant on charge on oath. (14 Vic., No. 2, s. 4). If the penalty be pecuniary and not paid forthwith, Justices may give time, and detain offender till the day appointed for payment, unless he gives security for his appearance on the day so appointed; in default of payment, impr, not exc. 3 cal. m., reckoned from the day of adjudication, unless sooner paid. (14 Vic., No. 2, s. 13).

Apprehension].-See Notes to "Juvenile Offenders."

(A) The prosecution must be commenced within 3 cal. months after the commission of the offence, and the information should be on oath; but the case of R. v. Millard (22 L. J. M. C., 108) seems to have decided that, if the party appear before the Justice, it is not necessary that the information should have been upon oath, to warrant the Justice in proceeding to convict him.

(B) Search Warrant, &c.]-By s. 63 a search warrant can be granted "as in the case of stolen goods," in which case the warrant authorizes the apprehension of the person in whose possession the goods are found; and any person to whom property is offered to be sold, pawned, or delivered, may, if he suspect any offence has been committed in respect of it, apprehend the person offering, and take him before a Justice. (S. 63). Vide Forms of Complaint and Search Warrant, Part II. (c) Discharge from First Conviction, and Pardon by Crown].-Any person summarily convicted before a Justice of a first offence against these Acts, (7 & 8 G. IV., ss. 29, 30), may be discharged from his first conviction by the Justice, if he thinks fit, upon making satisfaction to the party aggrieved for damages and costs, or either of them, as ascertained by the Justice; (s. 68 of 7 & 8 G. IV., c. 29; s. 34 of 7 & 8 G. IV., c. 30); and, by s. 69 of 7 & 8 G. IV., c. 29, and s. 35 of 7 & 8 G. IV., c. 30, the Crown may pardon a person imprisoned under the Act, although for non-payment of money to another party. Vide Forms of Discharge, Part II. (D) Apprehension without Warrant].-Offender found committing any of the offences under 7 & 8 G. IV., c. 29, (except under s. 34, viz., angling in the daytime), may be immediately apprehended without warrant by any peace officer, or by the owner of the property on or with respect to which the offence shall be committed, or by his servant, or by any person authorized by him, aud forthwith taken before some neighbouring Justice to be dealt with.

(E) Appeal].-Where sum adjudged to be paid exceeds £5, (see Reg. v. Warwickshire Justices, ante, p. 7),—or the imprisonment adjudged exceeds 1 cal. m.,—or the conviction takes place before one Justice,- appeal lies to the next General or Quarter Sessions holden not less than twelve days after the day of conviction; provided that appellant give to complainant a notice, in writing, thereof within three days after such conviction, and seven clear days at the least before such Sessions ; and shall also either remain in custody until the Sessions, or enter into a recognizance, with two sufficient sureties, before a Justice, to appear at the Sessions, &c. (F) Application of Penalty.-Several Offenders].-The sum forfeited for the value of any property stolen, or for the amount of any injury done, is to be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence; and, in that case, or where the party aggrieved is unknown, to be applied in the same manner as a penalty which is to be paid to the overseer of the poor where offence committed for the county rate; (see "Assault," p. 24): Provided that where several offenders join in the commission of the same offence, and shall each be adjudged to forfeit a sum equivalent to the value of the property, or to the amount of the injury, no further sum shall be paid to the party aggrieved than that which is forfeited by one of such offenders only. (S. 66).

both, (as the case may be), together with the costs, does not exceed £5; for not more than 4 cal. m. where the amount, &c., not exc. £10; and for not more than 6 cal m. in any other case ;-determinable on payment; (s. 67); (G) (2nd offence), impr. with h. 1. not exc. 12 cal. m.; and (if male, and convicted before two Justices), they may further order whipping once or twice, publicly or privately, after 4 days from conviction.

S. Id., s. 32. [One Justice].-(3) Person in whose possession, or on whose premises, any beast, or the skin thereof,- —or any bird, or the plumage thereof,-found by virtue of search warrant, (Note B), such person, knowing that the beast or bird has been stolen, or that the skin is the skin of a stolen beast, or that the plumage is the plumage of a stolen bird.

P. The like penalty, mode of recovery, and punishment as foregoing, and to restore beast, &c., to owner.

S. Id., s. 33. [One Justice].-(4) House Doves or Pigeons].-Unlawfully and wilfully killing, wounding, or taking any house dove or pigeon, under such circumstances as shall not amount to larceny at Common Law. P. Forfeit, over and above the value of the bird, not exc. £2, (s. 33), and impr., in default of payment, as in offence (2).

S. Id., s. 39. [One Justice].—(5) Trees, Shrubs, &c., of value of 1s.]— 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, wheresoever respectively growing, the steal. ing of such article or the injury done being to the amount of one shilling at the least, (and not exceeding £1). (S. 38).

N.B.-Stealing, &c., Trees, &c., in a park, pleasure-ground, garden, orchard, or avenue, or in any ground adjoining or belonging to a dwellinghouse, if value, &c., exceed £1,—or, elsewhere, if exceeding £5,-is felony. (S. 38). See s. 24 of 7 & 8 G. IV., c. 30, post, "Malicious Injuries."

P. (1st offence), over and above the value of article stolen or injury done, not exc. £5; (s. 39); (H) in default of payment, impr. as in offence (2), supra; (2nd offence) (Note G), commitment with h. 1. for not exc. 12 cal. m.; and (if male, and convicted before two Justices) they may order whipping once or twice, publicly or privately, in addition, after four days from conviction; (3rd offence), felony. (S. 39).

S. Id., s. 40. [One Justice].—(6) Fences, Stiles, Gates].—Stealing, or cutting, breaking, or throwing down with intent to steal, any part of any live or dead fence, or any wooden post, pale, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively.

P. (1st offence), the same as offence (5); (subsequent offence) (Note G), the same as 2nd offence under offence (5).

S. Id., s. 41. [One Justice].—(7) Possession of Property].-Person in

(G) Evidence of former Conviction].-A copy, certified by the proper officer of the Court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to be unappealed against until the contrary be shown. (S. 72). Evidence of the identity of the offender is also necessary. And see p. 233, ante.

(H) Fish, &c.]-It is considered that the provisions in ss. 34, 35, &c., relating to unlawful angling, are so little applicable to the circumstances of the Colony, that it is sufficient thus to refer to them. How the amount of damage is estimated, see R. v. Whiteman, (23 L. J. M. C., 120), cited post, "Malicious Injuries."

whose possession, or on whose premises with his knowledge, the whole or any part of any tree, sapling, or shrub, or underwood, or any part of any live or dead fence, or any post, pale, rail, stile, or gate, or any part thereof, being of the value of 2s. at the least, is found by virtue of search warrant, and not satisfying the Justice that he came lawfully by the same.

P. Forfeit, over and above the value of article found, not exc. £2; (s. 41); and, in default of payment, impr. as in offence (2). How value ascertained, see R. v. Whiteman, cited post, "Malicious Injuries."

S. Id., s. 42. [One Justice ].—(8) Plants, Fruits, &c., in Gardens, &c.] Stealing, or destroying or damaging with intent to steal, any plant, root, fruit, or vegetable production growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory.

P. (1st offence], either impr., with or without h. 1., for not exc. 6 cal. m., or else forfeit, over and above value or injury, not exc. £20; (s. 42); in default of payment, impr. as offence (2); (subsequent offence) (Note &), felony. (S. 42).

S. Id., s. 43. [One Justice].—(9) Roots or Plants elsewhere].—Stealing, or destroying or damaging with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land open or enclosed, not being a garden, orchard, or nursery ground.

P. (1st offence), either impr., with or without h. 1., for not exc. 1 cal. m., or else forfeit, over and above value or injury, not exc. 20s.; in default of payment, with costs, impr., with or without h. 1., for not exc. 1 cal. m., unless sooner paid; (subsequent offence), impr. with h. 1. for not exc. 6 cal. m.; and (if male, and convicted before two Justices), they may further order whipping, as offence (5). (S. 43).

S. Id., s. 60. [One Justice].-(10) Any person receiving any property, the stealing or taking which is punishable on summary conviction under the Act, knowing the same to have been unlawfully come by.

P. Liable to the same forfeiture and punishment as a principal offender. (S. 60).

S. Id., s. 62. [One Justice].—(11) Any person aiding, abetting, counselling, or procuring the commission of any offence punishable on summary conviction under the Act.

P. Same as principal offender.

S. Id., s. 19. [One Justice].-(12) Any person in whose possession is found, or on whose premises with his knowledge, any goods, merchandize, or articles of any kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, (by virtue of a search warrant), not satisfying the Justice that he came lawfully by the same.

P. Forfeiture, over and above the value of the goods, &c., not exc. £20: to be recovered as offence (2).

S. Id., s. 20. [One Justice].-(13) Any person offering or exposing for sale any goods, merchandize, or articles whatsoever, which shall have bee unlawfully taken, or reasonably suspected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore, not satisfying the Justice that he came lawfully by the same.

P. Fine not exc. £20 over and above the value of the goods: to be recovered as offence (2).