or assume the name or character of 2 On an indictment on this statute for taking a false oath to obtain administration to a seaman's effects, in order to receive his wages, it is necessary to prove directly and positively that it was the prisoner who took the oath, Brady's case......327 1 May give evidence in criminal prosecutions, by holding up his hand and repeating the form of oath his 3 religion requires, without kissing the book, Meldrone's case ......412 2 So a Scotch covenanter may be sworn as a juryman in the same way, Walker's case....... .....498 SCRIP RECEIPT. 1 A scrip receipt, not filled up with the name of the subscriber, is not a receipt for money within the statute 2 Geo. II. c. 25. and 7 Geo. II. c. 22. Lyons's case...............597 2 But if filled up, it is then a receipt for money within those statutes, Reeves's case .......808 3 And by 36 Geo. III. c. 74. a receipt for any of the contributions levied by that Act, is the subject of a capital forgery," whether with or without the name or names of "any person or persons being in"serted therein as the contributor or contributors." Reeves's case, 808 SEAMEN. By 31 Geo. II. c. 10. to personate, VOL, I. 4 6 5 By 49 Geo. III. c. 123. s. 13. to forge or assist in forging any order or certificate, for the purpose of receiving prize-money due to any petty officer or seaman in the King's service, or knowingly to utter the same, is a capital offence......1097 A wife who by the incitement of her husband utters, in his absence, any such forged order, &c. may be convicted as a principal on the above statute, notwithstanding the coverture; and her husband may be in the same indictment, charged and convicted as an accessary before the fact, at common law, Rex v. Morris and his wife...........1096 h SERVANTS. but instead of putting them into his master's drawer, he puts them into his own pocket, and converts them to his own use, Bazeley's case...835 9 But now by 39 Geo. III. c. 85. servants or clerks fraudulently secreting property received by them to the use of their masters, are made ....849 guilty of felony................................... I If a master deliver to his servant money or goods, for a special purpose, and he converts the same to his own use, it is felony, and Watson's case to the contrary, held not to be law, Rex v. Wilkins........520 2 So where a master delivers bills to his clerk, witn directions to send them to his bankers, instead of which, he converts them to his own ase, Rer v. Paradice.....523, cited. 3 So if goods be delivered to a porter to carry to his master's customer, the and he stops by the way, opens parcel, and sells part of its contents for his own use, Bass's case, 251 4 So if money be delivered to a clerk with directions to carry it to a particular person, who was afterwards I By 4 Geo. I. c. 12. and 11 Geo. I. to give the master bills for the c. 29. if any owner, captain, masamount, but instead of so doing, ter, mariner, or other officer belongthe servant applies it to his owning to any ship, shall wilfully cast use, it is felony, Lavender's case, 870, cited. 5 So if the servant of a corn-factor be sent with his master's barge, to receive corn from a ship, the cargo of which his master had previously purchased, and he goes away with, and converts to his own use the corn so loaded into his master's barge, it is felony, Spear's case, 825 6 So although the servant separate 7 But if the master never had either ...... .28 10 By 52 Geo. III. c. 63. the 39 Geo. III. is extended to other persons and other things, Walsh's case.1082 11 A servant embezzling money received from a customer, to whom the master had given it for the purpose of trying the servant's honesty, is within the penalties of these statutes, Whittingham's case.........912 SHIPS. away, burn, or otherwise destroy 2 A person who is accessary to a fe- 4 An accessary upon land to a felo- money or bills at the shop counter, 5 By 43 Geo. III. c. 113. the statutes 4 Geo. I. c. 12. and 11 Geo. I. c. 29. are repealed, and it is enacted that if any person shall destroy any vessel, or procure any vessel to be destroyed, with intent to prejudice the owner or underwriter, he shall 5 A private prosecutor upon the 9 Geo. I. c. 22. has an option to prefer his indictment in such county as he shall think most favourable to the ends of justice, R. Mortis's case, 73 suffer death, and the offenders, whe- 6 It is not necessary in an indictment 7 1 By 9 Geo. I. c. 22. " if any person every person so offending shall "suffer death without clergy."..64 2 By 43 Geo. III. c. 58. if any person shall wilfully, maliciously, and unlawfully shoot at, or present, point, or level any kind of loaded firearms at another, and attempt, by on this statute to state the name of the person in whose house the offence was committed, but if stated, it must be strictly proved, Durore's case ........351 Wilfully shooting at another. in a man's own house, is an offence within the 9 Geo. I. c. 22. Harris's case, 929 One of three prisoners may be found guilty on an indictment on the 9 Geo. I. c. 22. although they are charged jointly with the offence, for several may be guilty of the same act of shooting, as if a string be tied to the trigger, and they all pull at it, Gibson, Mutton, and Wiggs's case.... ...357 9 And this law which was before held good in the Coalheavers' case, is now confirmed, Wells's case ...........360 Cour drawing a trigger, or in any other 10 To bring the offence of maliciously manner, to discharge the same at him, he and his accomplices shall, (if death had ensued, and the homicide would have been murder,) be guilty of felony without clergy, 929, notis. 3 Therefore persons present, aiding and assisting, although they do not actually shoot, or carry fire-arms for that purpose, are principals within the penalties of these Acts; for this offence is a new created felony, and therefore possesses all the incidents of a felony at common law, Coalheavers' case.... ........64 4 Thus where Sims held a brood mare belonging to the prosecutor, while Midwinter gave her a mortal blow, both were excluded from cler- ́ gy, Midwinter and Sims's case, 66, notis. shooting at another within the penalties of the Black Act, it must, by 43 Geo. III. c. 58. be committed under such circumstances, that if death had ensued the homicide would have amounted to MURDER, Gastineau's 's case....................417 11 An indictment on 9 Geo. I. c. 22. for shooting at any person, must charge the offence to have been done wilfully AND maliciously, Rex v. Davis........ ...493 12 It must be proved that the gun or pistol was loaded; but an exclamation from the prisoner, "Let me pass, or I will blow your brains "out," at the time he fired, the firing wounding the party, either by the wadding or the ball, is sufficient evidence of that fact, Weston's case...... ..247 13 And the gun or pistol must be levelled at the party, Empson's case, 224 .... the words, "goods, wares, and mer....241 "chandise," Guy's case 8 Nor Portugal pieces, Leigh's case, SHRUBS. 52 14 And see the 43 Geo. III. c. 58. by which the objects of 9 Geo. I. c. 22. are enlarged and explained...226, 1 By the 6 Geo. III. c. 36. s. 1. if any SHOPLIFTING. notis. 1 By 10 & 11 Will. III. c. 23. whoever shall, in any shop, warehouse, coachhouse, or stable, privately and feloniously steal any goods, wares, or merchandise, to the value of five shillings, or shall assist, hire, or command, any person to commit such offence, shall be excluded from the benefit of clergy. 2 But a person who is not present in the shop, &c. at the time the offence is committed, but waits at the corner of the street to receive the goods, is not within the statute, Wild's case, 17, notis. 3 The warehouse of a Blackwell Hall factor, where goods are deposited for exportation, and not exposed to sale, as in shops, but are kept inclosed in their respective packages, is not a warehouse within 10 & 11 Will. III. c. 23. Godfrey's case..287 4 The coachman's livery-coat is in law considered as goods belonging to a stable, within the meaning of 10 & 11 Will. III. c. 23. John Sea's case, 304 ...............334 5 Shops and warehouses when they are mere repositories for goods, and not places of sale, are not within the meaning of 10 & 11 Will. III. c. 23. Stone's case......... 6 Therefore stealing a watch left at the shop of a watchmaker to be mended, or a shirt left at the shop of a draper to be sent to the sempstress, is not within the Act; for though it is a shop, yet, quoad these articles, it is not a place of sale, 334, notis. 7 It seems also that money is not within 2 3 roots, shrubs, or plants, be taken or destroyed in the night time, to the value of five shillings, which shall be growing, standing, or being in any garden ground, nursery ground, or other inclosed ground, the offender, his aiders, abettors, and knowing receivers, may be prosecuted for the felony, and transported, Howe's case.... .........481 But the Court is not bound to pass sentence of transportation under this statute, but may pass any other sentence applicable to a single larceny, ibid....... ........481 By 6 Geo. III. c. 48. s. 3. if any root, shrub, or plant, be taken or destroyed, out of the fields, nurseries, gardens, garden grounds, or other cultivated lands, without the owner's consent, the offender shall, on conviction before one justice, forfeit for the first offence, 40s. and charges, and for the second offence, any sum not exceeding 51. and charges; and for the third offence, he may be transported for seven years, Howe's case................481 4 But 6 Geo. III. c. 36. s. 1. is not repealed by the 6 Geo. III. c. 48. s. 3. for being passed the same session, they are to be considered in pari materia, as composing one law, ibid.481 The plant called the sweet bay, is 5 6 within the 6 Geo. III. c. 36. the breaking, spoiling, destroying, or carrying away of which in the night to the value of 5s. from any inclosed ground, is indictable as felony, Howe's case...... .......483 Plants and shrubs, as described by 6 Geo. III. c. 48. under the value of 5s. are protected from depredation by night and day by this statute 488 SIGN-MANUAL. I The sign-manual may be given in evidence on an indictment for returning from transportation, Maximilian Miller's case......74 2 The sign-manual promising a pardon to a convict, cannot be pleaded as a pardon, and therefore the allowance of it will not restore the convict to his competency as a witness, Gully's case... ......98 SMUGGLING. A commitment on the 19 Geo. II. c. 34. for assisting to rescue smuggled goods, need not state that the prisoner was armed; for to constitute this offence it is not necessary that every individual assembled should be provided with an offensive weapon, Franklyn's case....255 2 But, on an indictment for obstructing a seizure, some evidence must be given, to shew that there was proble cause to suspect that the goods seized were liable to seizure, Shelley's case.... ................................340, notis. 3 The substantive clauses of the 19 Geo. II. c. 34. enumerated, 255, 339 4 There must be a deliberate assembling to bring offenders within the penalties of this statute, Hutchin.342 son's case.................. I By 53 Geo. III. c. 108. all offences against stamp duties may be tried, inquired of, and determined, either where the offence is committed, or the offenders, or any of them shall be apprehended.......................1050, marg. 2 By 44 Geo. III. c. 98. all anterior Stamp Acts are repealed, and new stamp duties thereby imposed, Bullock's case........ .........996 3 An indictment for forging medicine stamps need not set out a facsimile of the stamps; stating the charge generally in the words of the statute, is sufficient, Collicott's ..1048 case........... |