tenant of place. cient description. "certify the prisoner that it was a town" (1). Again, Locus. where the locus was described as "the Eggie and Accused being "Drumside fishings," it was held that as the accused was alleged to be the tacksman of the fisheries, he was sufficiently certiorated as to the locus (2). Where murder was charged as committed in the Cases of insuffaccused's house, without specification, and the accused was only described as "late ale-seller in Dundee," the libel was found irrelevant (3). And where a theft was said to be committed from a house "occupied by " A. B., and the libel stated nothing further except that A. B. resided in Salisbury Street, the objection was sustained that it did not certainly appear that the house in Salisbury Street was the locus (4). In a charge of shooting, the specification was insufficient, it being "on or near to the hill of "Balnabroich, in the parish of Kirkmichael and shire of Perth." The judges stated that the objection not only applied to the words "or near to," but to the general vagueness of naming a hill without specifying any part (5). A charge of breaking into "the vestry of, or other apartment connected with," a chapel, and "entering thereby to the said vestry or other apartment, and to the said chapel," and "then" and "there" stealing from a desk,—was held too vague, as the prosecutor, if he did not know whether the desk was in the chapel or the vestry, should have libelled alternatively (6). found Part of street Where the locus is a street, it is not necessary to by-streets dis 1 John Johnstone or Parker and Jas. Kelly or Scott, H.C., May 20th 1850; Lord Justice Clerk Hope's and Lord Ivory's MSS.See Alison ii. 260, cases of Sinclair and Nicolson: and Maclaren there. 2 Tough v. Jopp, Aberdeen, April 28th 1863; 4 Irv 366 and 35 S. J. 472. U 3 Hume ii. 210, case of Cameron in note 1.-Alison ii. 264. 4 D. Brown, H.C., Dec. 19th 1825; Shaw 145. 5 David K. Michie, Perth, Oct. 10th 1845; 2 Broun 514. 6 Jas. Gibson and Malcolm M'Millan, H.C., March 12th 1849; J. Shaw 191. (This report is somewhat obscure). tinguished. LOCUS. Field on farm. Sheep walk. Two places of same name. specify the part of the street (1). An objection that the locus was described as an entry or common passage" in a street, there being several entries, was repelled, the Court holding that "West Nicolson Street, or one or other of the passages leading from "it," would have been sufficient, and that the words used were in substance the same (2). Such a specification as "a field on the farm of Mountpleasant, in the "parish of -," &c., is sufficient (3). In the case of mountain sheep walks, greater latitude is allowed (4). But a wholly general statement, such as a field on the east side of a certain road, "within the royalty of Glasgow," is not permissible (5). Where there are two places or streets of the same name in a district or town, it may be necessary to specify which is meant. In one case the crime being charged as committed at a house in "Claremont Street in or near Edinburgh," occupied by a person named, the objection that there were two Claremont Streets in Edinburgh was sustained (6). But where the locus was set forth as the house 1 Alison ii. 260, case of Sinclair, and others there.-Thos. Kettle and others, June 13th 1831; Bell's Notes 210. John 2 Will. Duggin and 3 Alison ii. 267, 268.-Geo. 4 Alison ii. 268, case of Macleod there.-Geo. Douglas, H.C., Jan. 23d 1865; 5 Irv. 53 and 37 S. J. 354. 5 Alison ii. 269 and case mentioned there.-There is no name given in Alison, but it has been ascertained from Lord Wood's MS. Notes that the name was Will. 6 John Bow or Boa, H.C., July 16th 1832; 4 S. J. 593 and 5 Deas and Anderson, 513. One decision seems scarcely consistent with the above.-Agnes Neil and Mary Whitelaw, Glasgow, May 4th 1832; 5 Deas and Anderson, 261.-But the circumstances seem special, there having been two closes which were called by a similar name running out of the same street, the offence being charged as committed on that street, near to " the close named, and the Court may have considered the proximity of the closes and the fact that the street was the same street, to have been sufficient certification of the locus, the words "near to" being applicable to either close. 66 Place residence objection that another street of same name. "At" covers place close by, construed. situated in Hamilton Street, Glasgow, then "and now Locus. or lately occupied" by the accused, it was held not of accused, no to be a good objection that there were two Hamilton Streets in Glasgow, "Great" and "Little," as the omission of "Great" could not mislead, the locus being specified as the house where the accused resided, and not merely by the street (1). "At" a place is sufficient to cover a place close by (2). But but "in" strictly where the crime was libelled as committed "in" St Ann's Yard, and the fact was that it was done in the Queen's Park, which was separated from that yard by a garden wall, the prosecutor abandoned the case (3). An offence may be charged as committed "within place, and this is sufficient even in cases of theft, as there may be amotio without any removal from the locus, e.g., if a thief take up a sheep on his shoulders, or be taken in a house with articles belonging to the owner in his possession (4). a "Within" a place. error fatal, If it be averred that the act was committed at a Any substantial particular place, while it was committed in a distinctly different place, however near, this will be fatal (5). It may be different, where the offence was Scene changed commenced at the place specified, and has been continued at the adjoining place, e.g., by the parties passing from one spot to 1 Jane Chapman or Turnbull and Jane Somerville, Glasgow, April 30th 1857; 2 Irv. 622 and 29 S. J. 345. 2 Jas. Dewar, H.C., Jan. 7th 1838; Syme 295 (Lord Justice Clerk Boyle's charge). 3 John Jones and Edward Malone, H.C., June 22d 1840; 2 Swin. 509 and Bell's Notes 209. 4 Alison ii. 268.-Geo. Clarkson and Peter Macdonald, H.C., May 8th 1829; Bell's Notes 210. 5 Alison ii. 262, 263, and cases of Wilson: Logue: Skelton and Fawns and others there. -Some another in the course of a times this turns upon a question of by struggle. Locus. Alternative latitude. "the near vi "cinity of." Place some dis tance off in same street. struggle (1). Risk of miscarriage may be prevented by taking an alternative latitude, to cover any slight variation between the libel and the proof, as by "Near," or "in adding the words "or near," or "in the near vicinity of" (2), to the word "at," or the word "in" (3). But under these words a crime committed some hundreds of yards off in a different street, cannot be proved, although that street is in a continuous line. with the street libelled (4). On the other hand, if the streets were in the same line, and though bearing different names, were both generally known also by the name given in the libel, this might be held sufficient (5). Where a firm had business premises in two streets in close proximity, the premises being in direct communication by a covered passage, and the proper entrance being in one street, it was held not a good objection that the locus named was that street, while the theft alleged was from the other part of the premises (6). In cases where there is a manifest difficulty as to the exact locus, still further alternative latitude will be allowed, e.g., "or elsewhere "in the said parish to the prosecutor unknown," or it may even be competent to say "or at some other 'place to the prosecutor unknown." Where a man murdered a child by suffocation while carrying it across country, a number of roads and places were mentioned, and the murder was said to have been committed at one or more of them, "the particular place or places being unknown, or at some other 1 Alison ii. 263, 264, and cases of Macaffie and others: and Bruce and others there. If necessary great latitude. 2 It appears to have been held that the words "in the vicinity of " were too vague, without the word near." See Alison ii. 273, case of Darling there. 3 Rob. Henderson, H.C., Nov. 10th 1836; 1 Swin. 316 (Lord Justice-Clerk's Boyle's charge. John Martin, H.C., Dec. 8th 1873; 2 Couper 501 and 11 S. L. R. 113. 4 Peter Rice, Perth, Oct. 5th 1838; 2 Swin. 191 and Bell's Notes 208. 5 Alison ii. 261, case of Rice there. 6 Joseph Kidd and others, Glasgow, Sept. 27th 1871; 2 Couper 149 and 44 S. J. 5 and 9 S. L. R. 70. "place or places in or near the parish of Brechin, and Locus. reset, pocket at sea, suborna goods tion. But care Theft of goods on journey. Carrier thief, place of delivery were specified. This rule applies to embezzlement (2), reset of Embezzlement, theft (3), pocket picking (4), crimes committed at picking, crimes sea (5), subornation of perjury (6), and thefts of on their way from one place to another (7). where the thief is the custodier of the goods, must be taken to specify the place where they delivered to him (8). Latitude is allowed in the case Theft of domestic of theft of domestic animals, which may have strayed (9), or may have been stolen by a person hiring them, in which case the prosecutor cannot know where the guilty purpose was formed and carried out (10). Thefts Theft of nets. of fish from nets, or of nets, are cases where latitude is also allowable, as the nets might have drifted before the theft took place (11). A very considerable lati 1 Jas. Robertson, Perth, July 28th 1850; J. Shaw 447. 2 Jas. Mitchell, H. C., March 11th 1839; Bell's Notes 213.-Will. M'Gall, H.C., March 13th 1849; J. Shaw 194.-John Rae, H.C., May 16th 1854; 1 Irv. 472. 3 Alison ii. 269.---Will. Campbell and others, Glasgow, April 22d 1822; Shaw 83.-Mary Christie or Mackintosh, H.C., Jan. 4th 1831; Bell's Notes 213.-Jas. Wilkinson and Susan Macmillan or M'Cuilkan or Wilkinson, Perth, Sept. 30th 1835; 13 Shaw's Session Cases 1181 and Bell's Notes 213. 4 Alison ii. 270.-PeterMacgeown and H. Cavan, Perth, Jan. 19th 1822; Shaw 65.-Allan Maclean and John Macdougall, Inverness, April 21st 1837; Bell's Notes 212. 5 Hume i. 483, 484.-ii. 217.Alison ii. 272 and case of Steel there. Thos. Murray, H C., Feb. 16th 1857; 2 Irv. 602 and 29 S. J. 210. 6 Rob. Walker, H.C., March 19th 1838; 2 Swin. 69 and Bell's Notes 7 Alison ii. 271, and cases of 8 John Gibson, Glasgow, Dec. 27th 1842; 1 Broun 498 and Bell's Notes 211. 9 Geo. Edgar and John Young, H.C., Feb. 4th 1828; Syme 313.Will. Nicolson and Neil Bethune, Inverness, Sept. 22d 1836; 1 Swin. 262 (Indictment), and Bell's Notes 212.-John Waugh, Stirling, April 15th 1873; 2 Couper 424 and 45 S. J. 505 and 10 S. L. R. 391. 10 Rob. Hardista alias Chas. Brookes, July 22d 1842; Bell's Notes 211. 11 John Huie, Inverary, Sept. 10th 1842; 1 Broun 383 and Bell Notes 212. animals. |