Salop the next English county to Wales, Parry and Roberts's case, 108 3 Therefore the offence of plundering a wreck on the coast of Anglesea, contrary to the provisions 26 Geo. II. c. 19. may be tried in the county of Salop by virtue of 26 Hen. VIII. c. 6. s. 6. Parry and Roberts's case................... 109 4 And the provisions of 26 Hen. VIII. c. 6. which gives a general jurisdiction to English Judges to try offences committed in Wales, extends to new-created felonies; and the forging of excise stamps contrary to 49 Geo. III. c. 80. at Llangeny, in the county of Brecon, may be tried in the county of Hereford, G. Window's Case....... ......109, notis. 5 The words in the 26 Geo. II. c. 19. "in the next adjoining English "county to Wales," means, according to 26 Hen. VIII. c. 6. "where the King's writ runneth," Parry and Roberts's case.........109 COUNTRY BANKERS. 1 By the Stamp Acts 44 Geo. III. c. 98. & 48 Geo. III. c. 149. s. 13. country bankers are permitted to reissue certain notes during the term of three years, without new stamps, and after such reissue such notes shall be as available as they were upon the first issuing thereof, 1037 2 The paper and stamps of such notes as have been paid, though not reissued, is valuable property to the country banker; and any person who steals such notes while in a course of conveyance from London to the country, may be indicted for the larceny, Clarke's ........1036 case 3 So also, if such paid country banknotes be intercepted in their retrograde conveyance, and the place at which they were made payable 1 The dead bodies of executed convicts are at common law at the King's disposal; but by 25 Geo. II. c. 37. the dead bodies of murderers shall be delivered to the Surgeons' Company for dissection in this and in other cases, the Judge may, after sentence pronounced, order them to be hung after execution in chains by a special order to the sheriff' for that purpose, Hall's case.........21 Taking up dead bodies, though for the useful purposes of scientific dissection, is an indictable offence at common law, for it is contra bonos mores, Lynn's case. 497 2 332 and requesting him to send a banknote, although he pretend to ask it as benevolence, Robinson's case, 749 DEMURRER. 1 On a demurrer to an indictment, 2 3 But the statute is in the disjunctive, 5 A demand of money, venison, or other valuable thing, must be made to bring an offender within the 9 Geo. I. c. 22. respecting threatening letters, but a sufficient demand is made, by insinuating an intention in such letter to impute the crime of murder to the party, 3 It is for the Court, and not the Jury to determine whether the party is or is not sensible of the awful nature of his situation, John's case, 504, notis. 4 But however certain and imme diate ensuing death may be, yet if the patient from the cessation of pain in the case of incipient mortification, or from any other deluding cause, really entertain a hope of recovery, the dying declaration of such a patient cannot be received, though warned of her approaching 6 dissolution by those around her, Wellborn's case............503, notis. 5 But wherever the patient appears clearly conscious that death is inevitable, his dying declaration is evidence, Dingler's case.............561 * E. EMBEZZLEMENT. 1 The embezzlement act 39 Geo. III. c. 85. which makes it felony for a servant to embezzle monies, &c. paid to him for or on account of his master, extend to monies given by his master to a third person, and paid, to him, by such third person, Whittingham's case 2 For in such case the money so given by the master to such third person is out of the possession of the master, and therefore the receipt and embezzlement of it by the servant is an offence within the act, Headge's ..1033 case 4 And if such servant, on returning home, falsely denies having received the money, the indictment may be tried in the county in which he received it, for this false denial of the fact is evidence that he embezzled it at the time and place of receiving it, Hobson's case ...............975 5 The statute having particularly mentioned" bills and notes," it is sufficient to state them as banknotes, as amounting together to such a sum, without averring the amount and denomination of each note, Johnson's case ......1103 ..... 1 An indictment will not lie on the 16 Geo. II. c. 31. for facilitating the escape of a prisoner committed on suspicion only, R. Walker's case, 97 2 Therefore on the production of the warrant it appeared to be on strong suspicion of having been guilty of burglary in the house of, &c. stealing two sheets, it was decided that Greeniff who was charged with having aided and assisted the prisoner in an attempt to make his escape from the custody of the constable, was not guilty on this act, Rex v. Greeniff ........363 Effecting an actual escape, is not within the statute 1o Geo. II. c. 31, .....662 Tilley's case...... EVIDENCE. 1 The person whose name purports to be signed to a forged receipt is not a competent witness to prove the forgery, for it is an established rule that no person who can derive any advantage from the conviction of a prisoner can be a witness for the Crown, for it tends to destroy an instrument on which, if genuine, he would be liable, Russel's case. 8 2 This rule however is founded on long and inveterate practice, and not on any analogous principle of law, Crocker's case ........987 3 Therefore where Dr. Dodd was indicted for forging a paper-writing trate, pursuant to the statutes of Philip and Mary, may be read in evidence, on proving that the accomplice is dead, Westbeer's case 12 13 But if the magistrate be also dead, his signature to the examinations must be proved as well as the death of the examinant, England's case, 771, text. 14 The muster-book of the Navy-Office is admissible evidence on an indictment for forging a seaman's will, to prove the fact of the seaman having been on board the ship, and that he is dead, Lee's case.. ..20 15 But it must be previously authenticated by the clerk who signed the entry, Rhodes's case .......24 16 So the book called The Assignation Book in the Prerogative Court, in which all causes are entered by the registrar, and kept officially by the witness, as the only record of the proceedings and decrees of the Court, may be given in evidence to prove that a probate had been revoked, Ramsbottom's case, 26, notis. 17 On an indictment for forging a seaman's will in which the prisoner was the executor, an executor named in a subsequent will by the same testator to that which is charged to be forged, is not a competent witness to prove the forgery, for he claims an interest as executor under the last will, and therefore his testimony, by proving the first will forged, tends to confirm his own, by which he claims an interest as executor. Sed quære, for his will being the last will, must necessarily in law supersede the former will whether it be good or bad, Rhodes's .......24 18 One witness is sufficient in all cases of HIGH TREASON, where a conviction does not work corruption of blood, Gahagan's case .........42 19 Evidence that the prisoner could case not obtain the goods he is charged with having stolen, otherwise than by the privity, consent or delivery of the prosecutor's wife, is a good defence against the charge of his having stolen them, Harrison's case, 47 20 If a banker pay a forged draft, and after debiting the account of the person whose name is forged, gives him credit for it as a usury, the supposed drawer is an admissible witness on an indictment to prove the forgery, without a release from the banker, for under such circumstances it is perfectly immaterial to the drawer, whether the prisoner is convicted or acquitted, Usher's case .......48 21 On an indictment for perjury in an answer in Chancery, it is presumptive proof of identity if the name subscribed to the answer be proved to be the hand-writing of the defendant, and that the jurat was subscribed by the Master as being sworn before him, for the rule of Court" that all defendants shall sign their answers," was intended to facilitate the proof of perjury, and sufficient to put the defendant to prove that he was personated, Morris's case ............50 22 But in perjury under the statute 31 Geo. II. c. 10. for taking a false oath to procure letters of adininistration to a seaman's effects, it has been said that the prisoner must be proved to be the same person who signed the warrant and took the oath; but in this case though it was proved by the witness to the jurat that a person of the same name signed the warrant, it was not proved that the signature was the handwriting of the prisoner, Thomas Brady's case ..327 23 A Mahomedan may be sworn on the Alcoran, and give evidence on a criminal prosecution in the manner and form, &c. which the reli gion of Mahomet requires, Morgan's case ....................54 24 The King's sign manual to a par don may be given in evidence on an indictment for returning from transportation, to prove that the convict was not at large without legal cause, Max. Miller's case, 74 25 The King's sign manual to a convict, will not restore his competency as a witness; it must be by a pardon under the Great Seal, for though a sign manual promising a pardon on condition that such convict give security, and appear and plead, the next general pardon is sufficient authority to discharge him, his competency is not restored until he plead such pardon sub pede sigilli, Gully's case .98 26 An indictment for stealing a cow ....... is not proved by evidence that the animal stolen was a heifer, for the statutes 14 Geo. II. c. 6. and 15 Geo. II. c. 34. mention both cow and heifer, the one must have been used in contradistinction to the other, R. Cooke's case............105 27 Evidence in all cases, both criminal and civil, must be upon oath; and therefore the information of an infant on an indictment for rape, cannot be received unless she is found competent to take an oath and is sworn, Powell's case......110 28 An infant under seven years of age may be sworn as a witness, if she appear to understand the nature of au oath, for no parol testimony can be received except upon oath, Brasier's s case .......199 29 And if the witness is ignorant of the obligation of an oath, the trial may under circumstances be postponed, until she, by proper instruction, become quite scusible of the obligation she is under by being sworn, White's case ......450, notis. 30 A wife may give evidence against |