PROCURATION, Signing bills, &c. by, without authority. s. 69. 446. Larceny by Servants.] Whosoever, being employed in the F. 24 & 25 Vict. c. 96, public service of her Majesty,- -or being a constable or other person employed in the police of any county, city, borough, district or place whatsoever, shall steal any chattel, money or valuable security belonging to or in the possession or power of her Majesty, or intrusted to or received or taken into possession by him by virtue of his employment. [Note 104.] 447. Embezzlement by Servants.] Whosoever, being employed in the public service of her Majesty,- -or being a constable or other person employed in the police of any county, city, borough, district or place whatsoever,and intrusted by virtue of such employment with the receipt, custody, management or control of any chattel, money or valuable security, shall embezzle any chattel, money or valuable security which shall be intrusted to or received or taken into possession by him by virtue of his employment, or any part thereof,- -or in any manner fraudulently apply or dispose of the same or any part thereof to his own use or benefit, or for any purpose whatsoever except for the public service, shall be deemed to have feloniously stolen the same from her Majesty. [Note 104.] PUBLIC STORES. F. Id. s. 70. 447a. Any person without authority applying any of the marks M. 38 & 39 Vict. c. 25, mentioned in the first schedule of the act in or on any stores. 447b. Destroying or obliterating (with intent to conceal her Majesty's property in any stores) by taking out the marks. s. 4. F. Id. s. 5. QUAY, WHARF, &c., Damaging. See Offences 356, 357, tit. 103 PUBLIC SERVICE:" Apprehension of Offenders without Warrant-Search Warrant -Restitution of Property.] Note 78, ante, p. 1107, tit. "Larceny," is equally applicable here. 104 Three Charges within Six Months-How Property to be laid.] Three distinct acts of embezzlement, fraudulent application or disposition within six months may be charged in the same indictment, as in other cases (24 & 25 Vict. c. 96, s. 71), and persons indicted for embezzlement, &c. are not to be acquitted if the offence turn out to be larceny (s. 72). See these enactments referred to more fully, and the cases on the general law of embezzlement, Note 49, p. 1070. The property is to be laid in the commitment and indictment in her Majesty (s. 70). As to laying the property in monies, &c. received by an officer or clerk in the service of the Customs, see 30 & 31 Vict. c. 82, s. 19. 105 Venue.] By 24 & 25 Vict. c. 96, s. 70, "every offender against this or the last preceding section [Offences 446, 447] may be dealt with, indicted, tried and punished OFFENCE. Class of Offence and Statute or Authority. QUEEN. 448. Discharging or aiming or striking or throwing, &c. fire- M. 5 & 6 Vict. c. 51, arms, explosive substance, &c. at or near to the person of the Queen, or attempting to do so, with intent to in- 449. Producing or having gun, &c. near to the Queen, with QUEEN'S STORES. See titles "Naval Stores," and "War RABBITS. See tit. "Game (Night Poaching)." RACING, Causing bodily harm by. See tit. "Drivers of Carriages." RAILWAYS (Note 106). 8. 2. Id. 450. Servants of company guilty of misconduct when employed M. 3 & 4 Vict. c. 97, [punishable summarily also, vide Offences 1-4, tit. Rail- ss. 13, 14; 5 & 6 Vict. ways," Vol. I. p. 720]. 451. Or negligently doing, or omitting to do, any act whereby life shall or may be endangered, or trains impeded. [Id.] c. 55, s. 17. M. Id. 452. Obstructing Engines, &c.] Whosoever, by any unlawful M. 24 & 25 Vict. c. 97, act, or by any wilful omission or neglect, shall obstruct s. 36. or cause to be obstructed any engine or carriage using any railway,- -or shall aid or assist therein. [See Reg. v. Hadfield, 39 L. J. (N. S.) M. C. 131; 22 Law T., N. S. 664; Reg. v. Hardy, 40 L. J. (N. S.) 453. Whosoever, by any unlawful act, or by any wilful omis- M. 24 & 25 Vict. c. 100, sion or neglect, shall endanger or cause to be endangered the safety of any person conveyed or being in or upon a railway,- -or shall aid or assist therein. [See Reg. v. Monaghan, 11 Cox, C. C. 608; Reg. v. upon or s. 34. 8. 35. 454. Placing Wood, &c. on Railway.] Whosoever shall unlaw-F. 24 & 25 Vict. c. 97, fully and maliciously put, place, cast, or throw* across any railway any wood, stone, or other matter or thing, -or shall unlawfully and maliciously take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway,- -or shall unlawfully and maliciously turn, move, or divert any points or other machinery belonging to any railway,- -or shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, —or shall unlawfully and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using such railway. either in the county or place in which he shall be apprehended or be in custody, or in which he shall have committed the offence." 106 "RAILWAYS: " Apprehension of Offenders without Warrant.] For offences under 450 No. 467, p. 597. Sessions (s. 14). Compulsory. Impr. with or without No. h. 1. for not exc. 2 24 & 25 Vict. c. 97, see Note 90, ante, p. 1125 (s. 61). Under 24 & 25 Vict. c. 100, see Note 1, ante, p. 1014. OFFENCE. Class of Offence and Statute or Authority. RAILWAYS-continued. 8. 32. 455. Whosoever shall unlawfully and maliciously put or throw F. 24 & 25 Vict. c. 100, upon [as in Offence 454, between the asterisks * *], with intent, in any of the cases aforesaid, to endanger the safety of any person travelling or being upon such railway. 456. Casting Stone, &c. upon Railway.] Whosoever shall un- [See further, Offences 30, 33, 34, tit. "Arson"; and F. Id. s. 33. 457. Accounts.] Persons signing any statement, balance sheet, M. 31 & 32 Vict. c. 119,| estimate, or report required by the act which is false in any particular to his knowledge. 458. Smoking Compartments.] Any railway company, except the Metropolitan, not, after 1st October, 1868, in every passenger train where there are more carriages than one of each class, providing smoking compartments for each class of passengers, unless exempted by the Board of Trade. [MEM. No penalties being annexed to the default of* 8. 5. Id. s. 20. 459. Railway Statistics.] Person signing any return to the M. 34 & 35 Vict. c. 78, Board of Trade, required by the act, which is false in any particular to his knowledge. RAPE. s. 10. 460. Whosoever shall be convicted of the crime of rape [i. e. F. Common Law. ravishing women against their will or consent, or children under the age of twelve years, with or against their will, by persons above the age of fourteen. See Reg. v. Fletcher, 1 Bell, C. C. 63; 28 L. J. (N. S.) M. C. 85, for definition of Rape; but see Reg. v. Fletcher, 35 L. J. (N. S.) M. C. 172; 14 Law T., N. S. 573; Reg. v. Pressy, 17 Law T., N. S. 295; Reg. v. Barrow, 19 Law T., N. S. 293; 38 L. J. (N. S.) M. C. 20; see Reg. v. Barrett, 43 L. J., M. C. 7, as to a rape upon an idiot girl]. REAL ESTATES. s. 105. 461. Registration.] Knowingly and with intent to deceive M. 25 & 26 Vict. c. 53, making material false statement, &c.-or suppressing or concealing from registrar material documents, &c. relating to land put upon the registry. 108 "RECEIVERS :" Apprehension of Offenders without Warrant-Search WarrantRestitution of Property.] Note 78, tit. " Larceny," p. 1106, is equally applicable here. 109 How Receivers may be indicted-Separate Receivers Decisions-Evidence of receiving Stolen Property.] A receiver may be indicted and convicted either as an accessory after |
