104 The Gazette, purporting to be 1 printed by the King's printer, is good evidence of all acts of state therein contained ............... ibid. 637 105 On an indictment for robbing the mail, it must, at common law, be proved that the robbery was committed in the county laid in the indictment, Thomas's case.........634 106 But by the statute 42 Geo. III. c. 81. s. 3. the offence of robbing the mail, created by 7 Geo. III. c. 50. may be tried in any county of England in which the offence was committed, or the prisoner apprehended, ibid................... 107 If a prisoner be charged with burglary and stealing the goods, the prosecutor, on failing to prove that these facts were committed on the day laid in the indictment, cannot be admitted to prove a larceny on a prior day, Vandercomb and Abbott's case..................708 108 On an indictment for forging a scrip receipt, it must appear to have been signed subsequent to the statute on which the indictment is founded, Reeves's case ..... ....... 808 109 On an indictment for forging a Bank-note, a letter, purporting to come from the prisoner's brother, and left by the post-man, pursuant to its direction, at the prisoner's lodging after he was apprehended and during his confinement, cannot be read in evidence against him on the trial, B. Huet's case, 820 110 So also letters directed to a prisoner, which are stopped in transitu at the post-office, and never delivered to him, are not evidence against him, Hevey's case......235 111 A person who has been convicted of coining halfpence, cannot be a witness until it be proved that he has suffered the sentence of the law, Collins's case ...... 827 EXAMINATIONS. 1 By 1 and 2 Philip and Mary, c. 13. s. 4. and 2 and 3 Philip and Mary, c. 10. Justices of peace, on a charge of felony, shall take the examination of the prisoner and the information of the witnesses, and shall put so much thereof as is necessary to prove the felony into writing, and certify the same to the next gaol delivery...... 310 2 Parole evidence, therefore, cannot be received at the trial of what has passed on the examination, unless it be shewn that it was not reduced into writing, Fearshire's case, 202 3 For it shall be intended that the magistrate has done his duty, unless the contrary appear, Jacob's case........... .309 4 Therefore, if no examination in writing be returned, no parole testimony of what passed thereon can be received, Hinxman's case, 310, notis. 5 But if reduced into writing, it may be given in evidence, though the magistrate has neglected, and the prisoner has refused, to sign it, Lamb's case........ ........582 6 So if what passes at the examina tion has been taken by way of minutes by the solicitor for the prosecution, such minutes may be read in evidence, though not signed by the magistrate or the prisoner, Thomas's case.......... ........637 7 But a prisoner may, previous to his signing his examination, retract what he had said, Bennett's case, 553, notis. 8 The information of a girl under twelve years of age, taken in writing, on the examination of a prisoner for rape, may be read in evidence after her death, though not signed by her, Flemming's case .........854 9 Same point in petty treason, though the information was only signed by a magistrate, Radbourne's case..458 10 But an examination taken by a magistrate at an infirmary to which the prosecutor had been taken, cannot be read; for it is extra-judicially taken, and not in the presence of the prisoner, Dingler's ..561 case EXCHEQUER BILLS. I If an indictment charge the prisoner with having embezzled "certain bills, commonly called exchequer bills," and it appears that the person who signed them on the part of government was not legally authorized so to do, the indictment is bad; for they are not the things they are averred to be, Aslett's case, 954 1 2 hung in chains; but by 25 Geo. II. c. 37. the judge may, after sentence pronounced, order the body to be hung in chains, Hall's case......21 2 The declarations of a convict at the moment of execution cannot be given in evidence as the declarations of a dying man, George Drummond's case ....337 F. FALSE AFFIRMATION. Goods obtained upon a false affirmation, as if a person obtain lottery tickets, affirming that he will pay for them on delivery, and give a draft upon a banker in whose hands he has no cash, this is not indictable as a fraud at common law, for it is not a transaction of a public nature, nor under the statutes of Hen. VIII. or Geo. II. for the draft is only an apparent token, but it is neither a false token or a false pretence, Lara's case .......647 But it has been since determined that if a person obtain property by giving a draft as on his banker, and pretending that he had cash there to pay it, when he had no cash there, and well knew that it would not be paid, is an indictable offence, Jackson's case..............656, notis. FELONY. To receive goods contrary to 2 Geo. III. c. 28. is felony, Wyer's case, 480 FETTERS. The Court have no power to order a prisoner's fetters to be taken off until he has pleaded and is brought to the bar, and the jury are charged to try him, Waite's case........,36 FORGERY. 1 By 2 Geo. II. c. 25. to forge, &c. 2 There must be a false making of .231 3 By 7 Geo. II. c. 22. to forge any acceptance of any bill, or the number or sum of any accountable receipt for any note, bill, or security for money, or any order for money or goods, or to utter the same, &c. is a capital offence...180 4 A forged receipt, signed to a cash memorandum, of various kinds, is not of itself a receipt within the meaning of the statute of 2 Geo. II. c. 25, Russell's case .............8 5 Forging a seaman's will, is complete, although the signature be in a wrong christian name, Fitzgerald and Lee's case.......................... .20 6 A forged order for the re-delivery of plate delivered by a silversmith to the Goldsmiths' Company, for the purpose of being marked pursuant to the directions of the 13 Geo. III. c. 26. is a capital offence within the statute of 12 Geo. II. c. 26. Jones's case.....................53 7 A forged order, "Please to deliver "my work," purporting to be the order of a silversmith to the assaymaster of the Goldsmiths' Company for the re-delivery of plate, is a compulsory order for the delivery of goods, although it be not directed to any person by name, for it is the usual form of the trade, John Jones's case. ................53 8 But if an order for goods purport owner, it must be averred that such person had authority to make such order, Clinch's case...............540 If A. borrow money on his personal credit from B. and give to B. his note of hand for it, in a fictitious name, this is not forgery, for the credit in such case is given to the party himself without regard to the name, Dunn's case.............57 10 But if 4. pretending to be the executrix of C. receive money from B. on account of her supposed testator, and give a note for it in a fictitious name as the executrix of C. this is a forgery, although she sign the note by making her mark, for the instrument is in this case false in itself, E. Dunn's case.....57 11 If a bill of exchange, payable to A. get into the hands of another person of the same name with the payee, and he indorse it fraudulently it is forgery, though the indorsement be his own name, Mead v. Young .........786 12 So uttering a note, as the note of another, though made in the prisoner's own name is within the statutes against forgery, Parke's and Brown's case.......... ............775 13 So an order made by a seaman on his agent" to pay all his proportion of prize-money, &c." is an order for payment of money within 7 Geo. II. c. 22, the forging of which is felony, though drawn under circumstances which, if genuine, would have made it void under 32 Geo. III. c. 34. Mackintosh's case.... ............883 14 Forging a paper-writing, purporting to be an office copy of the report of the Accountant-General, of money being paid into the Bank, is within the statute 12 Geo. I. c. 32. Gibson's case... ..........61 to be signed by a person not the 15 Forging a Scotch bank-note is not of, &c." is a sufficient description of the instrument forged, Birch and Martin's 's case......... ............79 18 An indictment will lie on a forged indorsement, although the money secured by the bill be paid to the holder of it; for the intention to defraud is sufficient to constitute the offence, ibid.. ..........82 19 A forged draft on a banker is an order for the payment of money within the 7 Geo. II. c. 11. although no person of the name forged ever kept cash there, Lock.......94 et's case.............. not necessary that the instrument charged to be forged should be such as would be effectual if it were a true and genuine instrument, Reculist's case ........703 24 Therefore if a person alter his own name indorsed on a bill of exchange to the name of a person beginning with the same initial, it is forgery, although there is no known person in existence answering to the name forged, Bolland's case......83 25 So forging a power of attorney to receive a seaman's wages in the name of a supposed child, administratrix of such seaman who died childless, is within 2 Geo. II. c. 25. notwithstanding the deed was impossible to be true, Lewis's case, 451 26 To forge an order for goods in terms which import rather a re- 27 The supposed drawee of a promissory note, unindorsed and not payable to order, having received a general release from the holder, is a competent witness to prove the FORGERY, Akehurst's case ...150 28 To indorse a bill in a fictitious name is FORGERY, although the money might have been as well obtained by indorsing it in the real name of the person who uttered it, Tuft's case....... .......172 29 A note fabricated in imitation of a bank-note, although there be no water-mark, and the word pounds be omitted, is of sufficient similitude to constitute forgery, being such as may 32 In an indictment for forgery, the words" purporting to be a bank"note," mean that the instrument upon the face of it appears to be a bank note: and the want of such appearance cannot be supplied by the representation of the party uttering it, William Jones's case 204 33 For though, in forgery, there need n t be an exact resemblance, similarity to a common intent being sufficient; yet the false instrument must, in all essential parts of it, be so like the true one, as to have an aptness to deceive, Elliott's case, 179 34 And therefore, where a note, intended to pass as a bank-note, was, "I promise to pay, &c." " For Self "and Co. of My Bank in England,” without any signature, was held not to have sufficient similitude to a bank-note, Jones's case .............. 204 35 But if a forged medicine-stamp has not the counterpart of the genuine stamp, but is similar to it in all the other parts which are exposed to view, and so like as to have an aptness to impose on persons in general, this is sufficient resemblance, Collicott's case ..... 1048 36 So a counterfeit bank-note, without any water-mark or sum in the body of it, with the sum in white letters in the corner of it, is sufficient, Elliott's case............... 179 37 Giving to the drawer of a bill of exchange, a receipt in a false name, as for the prisoner's own name, "for the contents of the bill,” which was endorsed in blank, is forgery, although no additional credit was thereby gained to the prisoner; it being done fraudulently, and to escape detection, John Taylor's case..... 214 38 It is no answer to a charge of forgery to say, that there was no special intent to defraud any particular person; because a general intent to defraud is sufficient to constitute the crime, &c., Tatiock v. Harris, 216, notis. 39 For it is not the injury done to any particular individual, but the intent to do a possible injury, that constitutes the git of this offence, Holden's case.... ....... 1019 40 Uttering a forged order for payment of money under a false representation, is evidence of knowing it to be forged, Sheppard's case...226 41 In an indictment for forgery, a description to a common intent of the person or persons intended to be defrauded is sufficient, H.Lovell's case 248 42 In forgery, the forged instrument may be given in evidence, although not stamped pursuant to the 23 Geo. III. c. 49, Rex v. Hawkeswood, 257 Same point, Reculist's case......703 Same point, Morton's case....... ......258 43 A Cashier of the Bank may prove that his name subscribed to a bank |