A Digest of the Criminal Statute Law of England

Persons stealing money or goods, of the kingdom, and found there.

&c. in one part

with in another part, may be

so have such

money, &c.

the Justices before whom any such Felons or Robbers be arraigned, by Evidence given before them, or by Examination, that the same Felonies whereupon they be so arraigned, had been such Robberies or Burglaries in the same Shire where such Robberies or Burglaries were committed or done by reason whereof they should have lost the Benefit of their Clergy by force of the said Statute [23 H. 8. c. 1.] in case they had been found guilty thereof in the same Shire where such Robberies or Burglaries were so committed or done.

This Statute is made perpetual by the Statute 32 H. 8.

c. 3. s. 7.

The Statute 13 G. 3. c. 31. (s. 4.) recites that it frequently happens in both parts of the United Kingdom, that persons having stolen or otherwise feloniously taken away Money, Cattle, Goods, or other Effects, carry the same into the other part of the United Kingdom, and there have the said Money, Cattle, tried where they Goods, or other Effects, in their possession or custody; and doubts have been entertained, whether they could be indicted and tried in that part of the United Kingdom, as the original offence was not there committed; and then enacts, that from after the passing of this Act, if any person or persons having stolen or otherwise feloniously taken Money, Cattle, Goods, or other Effects, in either part of the United Kingdom, shall afterwards have the same Money, Cattle, Goods, or other Effects, or any part thereof, in his, her, or their possession or custody, in the other part of the United Kingdom, it shall and may be lawful to indict, try, and punish such person or persons for Theft or Larceny in that part of the United Kingdom where he, she, or they shall so have such Money, Cattle, Goods, or other effects, in his, her, or their possession or custody, as if the said Money, Cattle, Goods, or other Effects had been stolen in that part of the United Kingdom.

Offenders escap

money, cattle, goods, &c. from one part of the

The Statute 44 G. 3. c. 92. s. 7. recites, that it frequently ing with stolen happens, that persons having stolen or otherwise feloniously taken away Money, Cattle, Goods, or other Effects, in one of the parts of the United Kingdom, carry the same into another. United Kingdom part of the said United Kingdom, and there have the said be tried for lar- Money, Cattle, Goods, or other Effects, in their possession or ceny in that part where they shall custody; and that doubts may be entertained whether they have such goods. could be indicted and tried in that part of the United King

to another, may

dom where such Offenders have the said Money, Cattle, Goods, and other Effects in their possession or custody, as the original Offence was not committed in such part of the said United

Kingdom; and then enacts and declares, that from and after the first day of August 1804, if any person or persons having stolen or otherwise feloniously taken Money, Cattle, Goods, or other Effects, in any one of the parts of the said United Kingdom, shall afterwards have the same Money, Goods, Chattels, or other Effects, or any part thereof, in his, her, or their possession or custody, in any other part of the United Kingdom, it shall and may be lawful to indict, try, and punish such person or persons, for Theft or Larceny, in that part of the United Kingdom where he, she, or they shall so have such Money, Cattle, Goods, or other Effects, in his, her, or their possession or custody, as if the said Money, Cattle, Goods, or other Effects, had been stolen in that part of the United Kingdom.

XXIII. Restitution of Stolen Goods.

§ 1. Stolen goods

shall be restored to the owner

the felon.

o. Eliz. 661. Kel. 48.

2 Bulstr. 310.

(And see titles CATTLE, I. § 3. STOLEN GOODS, HELPING TO.) Be it enacted, that if any Felon or Felons hereafter do rob or take away any Money, Goods, or Chattels from any of the King's Subjects, from their person or otherwise, within this Realm, and thereof the said Felon or Felons be indicted and after attainder of after arraigned of the same Felony and found guilty thereof, or otherwise attainted, by reason of evidence given by the Party so robbed, or Owner of the said Money, Goods, or Chattels, or by any other by their procurement, that then the Party so robbed or Owner shall be restored to his said Money, Goods, and Chattels; and that as well the Justices of Gaol Delivery as other Justices afore whom any such Felon or Felons shall be found guilty, or otherwise attainted, by reason of evidence given by the Party so robbed or Owner, or by any other by their procurement, have power by this present Act to award from time to time Writs of Restitution for the said Money, Goods, and Chattels, in like manner as though any such Felon or Felons were attainted at the suit of the Party in Appeal. 21 H. 8. 5 Co. 110.

c. 11.

Any person publicly advertizing a reward with no questions asked, for the return of things which have been stolen or lost, or making use of any words in such public Advertizement purporting that such reward shall be given or paid without seizing or making enquiry after the person producing such thing so stolen or lost, or promising or offering in any such public Advertizement to return to any Pawnbroker or other person who may have bought or advanced Money by way of Loan upon

§ 2.

Persons advertizing a reward

for the return of lost, and the things stolen or printer, shall forfeit £50.

such thing so stolen or lost the Money so paid or advanced, or any other sum of money or reward for the return of such thing; and any person printing or publishing such Advertizement, shall respectively forfeit the sum of Fifty Pounds (1) for every such Offence to any person who will sue for the same. 25 G. 2. c. 36. s. 1.

(1) Recoverable under s. 13. by action of debt in any of the Courts of Record at Westminster.

END OF THE FIRST PART.

INDEX

TO THE

GENERAL MATTER.

The Words in Italics denote the same Titles in this Volume. At the Head
of most of those Titles in the Work will be found a Statement of their
Contents.