4. A girl, accused of poisoning, was told by her mistress, that if she did not tell all about it that night, a constable would be sent for in the morning to take her before a magistrate; she then made a statement, which was held to be not admissible in evidence. Next day, a constable was sent for, and as he was taking her to the magistrate, she said something to him, he having held out no inducement to her to do so:-Held, that this was receivable, as the former inducement ceased on her being put into the hands of the constable. Rex v. Richards,

318

5. The committing magistrate had told a prisoner, that he would do all that he could for him if he would make a disclosure; after this, the prisoner made a statement to the turnkey of the prison, who held out no in

ducement to the prisoner to confess : -Held, that what the prisoner said to the turnkey could not be received in evidence, more especially as the turnkey had not given the prisoner any caution. Rex v. Cooper, 535

6. A man and woman being apprehended on a charge of murder, another woman, who had the female prisoner in custody, told her, that she "had better tell the truth, or it would lie upon her, and the man would go free:"-Held, that a declaration of the female prisoner, made to this woman afterwards, was not receivable in evidence. Rex v. Enoch,

539

7. A statement relating to an offence, made upon oath by a person not at the time under suspicion, is admissible in evidence against him, if he be afterwards charged with the commission of it. Rex v. Tubby, 530

CONSTABLE.

See FORCIBLE ENTRY, 3.-IMPRISON

MENT.

CONTRA PACEM. See INDICTMENT, 3.

CONVICTION.

See DEER. EVIDENCE, 3.

COPYRIGHT.

See AUTHOR, 2.

CORN TRADE.

By custom in the corn market, a buyer may pay the factor upon discount within the two months which constitute the ordinary time for payment, either for his own accommodation, or that of the factor; and, therefore, where a factor stopped payment after he had received the money for corn sold, but before the expiration of the two months, it was held, that the principal could not sue the buyer, but must look to the factor. Heisch v. Carrington, 471

COSTS.

See EXPENSES.-LANDLORD AND TENANT, 6.

DEER.

See PARK.

On an indictment under the stat. 7 & 8 Geo. 4, c. 29, s. 26, for killing a deer after a previous summary conviction, a conviction by two Justices of the previous offence was put in:Held, that such a conviction was good. This conviction, in stating the offence, did not state the place at which it was committed; but the Justices, in awarding the distribution of the penalty, awarded it to the overseers of D. in the said county, "where the said offence was committed:"-Held, sufficient. Rex v. Weale, 131

1. If A., without the authority of B., pledges his property with C., a joint action of detinue is maintainable by B. against both A. and C. Whether in such an action a verdict may be taken against one defendant onlyQuære. Garth v. Howard, 346

2. Statements made by the shopman of a pawnbroker who is left in the shop to answer in his master's absence, can only be received in evidence in an action against the master, when they relate to transactions which are strictly within the business of a pawnbroker; and are not receivable if they relate to an advance of money not within the terms of the Pawnbrokers' Act.

Ibid.

3. If the jury, in such a case, are satisfied that B. held out A. as a person authorized to pledge his property for the purpose of raising money, they may find a verdict for both defendants. Ibid.

DISTRESS.

See LANDLORD AND TENANT, 4, 5, 7. RECEIVER.

The carriage of A., being on the premises of B., was seized by C. for rent due by B. to his landlord, D. In an action of trover brought by A. against C., a witness proved that B. had held the premises of D. for more than a year, but that he had a lease of them:-Held, that the lease must be produced and given in evidence, and that B.'s acquiescence in the distress would not dispense with such proof. Shepherd v. Cafe,

DOG.

See PARK, 1.

418

2. Where a party is charged with embezzlement, the Judge, before the indictment is found, will order the prosecutor to furnish the prisoner with a particular of the charges, if the prisoner make an affidavit that he does not know what the charges are, and that he has applied to the prosecutor for a particular, and it has been refused. Rex v. Bootyman, 300

3. The prisoner had worked for the prosecutor sometimes as a regular labourer and sometimes as a roundsman, but, at the time in question, he, not being at all in the prosecutor's service, was sent by the prosecutor to get a check cashed at a banker's, for doing which he was to be paid sixpence. He got the cash. and made off:—Held, no embezzlement, as the prisoner was not a servant of the prosecutor within the meaning of the stat. 7 & 8 Geo. 4, c. 29, s. 47. Rex v. Freeman, 534

2. Persons who cohabit as man and wife, after a marriage de facto, supposed by both to be a good marriage in law, may, after the marriage is found to be a nullity, give in evidence, in a Court of justice, statements made by each other during the cohabitation. Wells v. Fletcher, 12

3. If a plea justifying a libel state that an information was laid before a magistrate, an examined copy of the magistrate's conviction, reciting the information, is sufficient proof of the information. Scarth v. Gardener, 38

4. In slander, the words imputed the prescribing of medicines in improper doses, and the defendant justified:-Held, that medical books, which were stated by the medical witnesses to be works of medical authority, could not be put in, to shew that such doses were sanctioned; but, that the medical witnesses might be asked their judgment, and the grounds of it, which might in some degree be founded on these books as a part of their general knowledge. Collier v. Simpson,

73

5. A. brought an action against the sheriff for a false return of nulla bona to a fi. fa. issued against the goods of B. B. had filed a bill of discovery against A., on which there had been a decree or order, that A. should bring into the Court of Chancery all letters written by B. or any other person to him respecting the original debt. A., under this decree or order, brought in various letters: -Held, that none of them could be read in evidence on the part of the defendant in the present action, without first putting in the bill and answer. Hewitt v. Piggott,

75

6. The statements in a special plea, on which judgment has been given for the plaintiff on demurrer, cannot be used at the trial of the cause as an admission on the record by the defendant; but the cause must be tried on the general issue, without any reference to the special plea at all. Firmin v. Crucifix,

98

7. If, in a case of felony, a witness for the prosecution is too ill to attend the assizes, this is a good ground for postponing the trial, but will not autherize the reading the deposition of the witness taken before the magistrate. Rex v. Savage,

43

8. A conversation between a client, who afterwards becomes bankrupt, and his attorney's clerk, on the subject of his affairs, is a privileged communication, and cannot be given in evidence in an action by his assignees, for the purpose of shewing his motives. Bowman v. Norton, 177

9. A witness formed his opinion of the hand-writing of a party from having observed it signed to an affidavit used in the cause (on a motion to postpone) by the counsel for the party against whom it was proposed to be proved:-Held, sufficient. Smith v. Sainsbury,

196

10. A witness is not only not bound to answer a question, the answer to

VOL. V.

which would criminate him, but he is not bound to answer any question, the answer to which would tend to criminate him. A witness is, therefore, not bound to answer whether he wrote an advertisement referring to libellous letters which the prosecutor had received; and, though he is bound to answer whether he knows in whose handwriting it is, he is not bound to name the person, as it may be himself. Rex v. Slaney, 213

11. A clerk who has seen numerous letters addressed by a party to his employer, and has acted on those letters, may prove the handwriting of such party. Ibid.

12. An information for a libel stated that the prosecutor had received certain anonymous letters, and that of and concerning those letters the defendant published a libellous placard. The defendant was proved to have caused the placard to be published. In the placard it was asked if the prosecutor had not received certain warning. The prosecutor stated that he understood that to refer to the letters, and that he should not have understood the meaning of the placard if he had not received the letters:He Held, that the letters might be read in evidence as explanatory of the placard, without proof of the handwriting of them. Ibid.

13. The statements in a special plea, which has been holden bad on demurrer, are not evidence for the plaintiff on the general issue, although the jury are to assess damages as well as to try the case on the general issue. Montgomery v. Richardson, 247

14. Any evidence that is a confirmation of the original case cannot be given as evidence in reply; and the only evidence that can be given in reply, is that which goes to cut down the defence without being any confirmation of the original case. Rex v. Hilditch, 299

SS

15. Where the examination on interrogatories of an absent witness is read on the part of the plaintiff, the whole, including the answers to the cross-interrogatories, must be read as part of his case. Temperley v. Scott, 341

16. A witness cannot be called to contradict another who denies having made a particular statement, if such statement was not of a fact, but only of a matter of opinion; as such statement of opinion does not come within the rule which confines contradictions to matters directly connected with the issue in the cause. Elton v. Larkins,

19. A debtor, being in prison, wrote to the town agents of his creditors' attornies, requesting them to send a confidential clerk to him, with whom he might communicate on the subject of his creditors' claim: -Held, in an action by the creditors to recover the claim, that what the debtor said to the person who went to him in consequence of his letter, was receivable in evidence, even though the subject-matter of the communication was an offer of 10s. in the pound. Hill v. Elliott, 436

20. A witness for the defence cannot be asked whether he has heard a witness for the prosecution commit perjury on the trial of a cause; and, in stating whether he would believe that witness on his oath, he must do so from his knowledge of the witness's

general character, and not from having heard him give particular evidence on a particular trial. Rex v. Hemp, 468

21. The minute book of a Court of Quarter Sessions is not evidence of its proceedings. The record should be made up on parchment, and an examined copy produced by a witness who examined it. Rex v. Thring, 507

22. On the trial of an indictment for arson, a witness for the prosecution was himself in custody on a charge of felony. The counsel for the prisoner wished to ask him, "Have you not said that you committed the offence for which you are now in custody?"-Held, that this question ought not to be put. Rex v. Pegler, 521

23. What a party says is evidence against himself as an admission, notwithstanding it may relate to the contents of a written paper. Earle v. Picken, 542

24. The counsel for the prosecution opened that he should call A. and B. as witnesses, the former being a King's evidence. Both before and after those persons were called the prisoner's counsel were allowed to ask the other witnesses, whether A. and B. were not persons of very bad character. Rex v. Nichols,

EXPENSES.

600

1. On the trial of an indictment for manslaughter, the surgeon will only be allowed for his attendance on the the trial, and not for his fee for opening the body by order of the coroner. Rex v. Taylor, 301

2. The Judge, on a trial for murder, has no power to allow the expenses of the witnesses for their attendance at the coroner's inquest. Rex v. Rees, 302

3. A prosecutor and his witnesses were bound by recognizances to prosecute and give evidence at the assizes. They attended there, and preferred an indictment, which was found. The prisoner had been by mistake dis