Venue] S. 14 of the F. A. 1913, above. Defendant was indicted in London for uttering forged medicine stamps. Having an order to supply medicines at Bath, he delivered them in Oxford Street, Middlesex, to a porter, to carry them to the City, to go by the Bath waggon, as they did. It was objected that this was not an uttering by him. in London; there was a difference of opinion on the subject; the majority (six to five) held the uttering and vending complete in Middlesex. Collicott, R. & R. 212; Lea. 1048; 4 Taunt. 300, 1812. In Smythies, 1849, though defendant was not shown to have been in custody till he surrendered just before the trial, and the jury found that there was no evidence of the forgery having been committed within the jurisdiction of the court, the judges held he was triable there.

On an indictment for forging and uttering a cheque, the cheque had been dated abroad and drawn by defendant abroad, and he had caused it to be presented to a banker abroad, through whom it was presented in this country without a stamp; held, that he might be convicted of uttering in this country if he set other persons abroad in motion (see Index, Innocent Agent), by whom the cheque was presented here. Taylor, 4 F. & F. 511, 1865. See Parkes, 1796.

Fraud at Common Law.

679

FORTUNE-TELLING.

By 9 G. 2, 5, 4: 'If any person shall pretend to exercise or use any kind of witchcraft, sorcery, inchantment or conjuration or undertake to tell fortunes or pretend from his or her skill or knowledge in any occult or crafty science to discover where or in what manner any goods or chattles supposed to have been stolen or lost, may be found... he may be imprisoned for a year (or longer, if he fail to find the sureties which may be ordered in addition). Triable at Q. S. This s. is seldom used.

FRAUD AT COMMON LAW.

For Fraud, see Agents, &c., Cheating, and Credit. In Ingham, 1859, a distinction was drawn between 'deceive' and 'defraud.' Though every fraud is not indictable, every conspiracy to defraud is: see Conspiracy.

FRAUDULENT CONCEALMENT OF CONVEYANCE, &c.

See Concealment of Deeds, &c.

FRAUDULENT CONVERSION.

See Conversion under Agents, &c.

FRAUDULENT DEBTOR.

See s. 13 of Debtors A. under Credit, &c. For any other fraud' [than false pretences], see Carpenter, 1911.

FREEHOLD, LARCENY OF THINGS SEVERED FROM.

See Fixtures. 'Drift and ungathered seaweed cast on the shore," belonging to an exclusive owner, between high and low water mark is not the subject of larceny: Clinton, Ir. R. 4 C. L. 6, 1869: C. C. R.

FRIENDLY SOCIETY'S FUNDS, MISAPPROPRIATION OF. See under Embezzlement.

(Civil) proceedings under s. 35 of the S. J. A. 1879, do not exclude indictment: Stafford JJ., x. p. Foster, 1894, 97 L. T. Jo. 123 [or 29 L. J. Newspaper, 325], where a treasurer disobeyed the (civil) order; Cave and Wright JJ. ordered mandamus to Q. S. to try bill there found.

FURIOUS DRIVING.

By 24-5 V. 100, 35, replacing 1 G. 4, 4, rpd. except in Scotland, *Whosoever having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanour': maximum punishment, imprisonment for two years with hard labour.

car

Under 5-6 W. 4, 50, 78, it was held that a person riding a bicycle on a highway, may be summarily convicted of furiously driving a riage. Taylor v. Goodwin, 4 Q. B. D. 228; 48 L. J. M. C. 104, 1879. And by 51-2 V. 41, 85, 'bicycles, tricycles, velocipedes, and other similar machines are hereby declared to be carriages within the meaning of the Highway Acts.'

Wanton or furious driving] No definition is required: there is no reason why a chauffeur who is driving at less than the statutory maximum speed of twenty miles an hour a car which complies with the statutory regulations about lights should not be found guilty of wanton driving': it is for the jury: Crowden, 6 Cr. A. R. 190, 1911. In Chatterton v. Parker, 24 Cox C. C. 312, 1914: K. B. D., a conviction was sustained, though the driver was asleep: a horse may be driven furiously if the driver neglects to restrain it and keep it under proper control': per Darling J.

Triable at Q. S.

Evidence]

In Elwes v. Hopkins, 21 Cox C. C. 133, 1906: K. B. D., it was held that evidence of the traffic reasonably to be expected on the highway was admissible.

Poaching.

681

GAME-OFFENCES CONCERNING.

All offences with regard to game, which are indictable, are statutable offences, not known to the common law. Such animals (which title see) being fera natura, are not, alive, the subjects of larceny: Russ. Cri. 1331.

The principal enactments are 9 G. 4, 69: Night Poaching A., 7-8 V. 29; and 24-5 V. 96, 17.

Taking, &c. game or rabbits by night-after two convictions] By 9 G. 4, 69. 1: if any person shall, by night, unlawfully take or destroy any game or rabbits in any land, whether open or inclosed, or shall by night unlawfully enter, or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument for the purpose of taking or destroying game, in case such person shall so offend a third time he shall be guilty of a misdemeanour': maximum punishment, seven years' p. s.

Power to apprehend poachers] By s. 2: Where any person shall be found upon any land, committing any such offence as is hereinbefore mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right of free warren or free chase thereon, or for the lord of the manor or reputed manor, wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made in any other place to which he may have escaped therefrom, and to deliver him, as soon as may be, into the custody of a peace officer, in order to his being conveyed before two justices of the peace;

Assault by weapons] And in case such offender shall assault or offer any violence with any gun, crossbow, firearms, bludgeon, stick, club, or any other offensive weapon whatsoever, towards any person hereby authorised to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanour': maximum punishment, seven years' p. s.

Limitation of prosecutions] By s. 4:... the prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this Act, shall be commenced within twelve calendar months after the commission of such offence.'

Proof of previous convictions] By s. 8: 'On every conviction under this Act .. the convicting justices shall return the same to the next quarter sessions for the county, riding, division, city, or place wherein such offence shall have been committed; and the record of such conviction, or any copy thereof, shall be evidence in any prosecution to be instituted against the party thereby convicted for a second or third offence.'

Three armed persons entering, &c. land by night] By s. 9: 'If any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, crossbow, firearms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanour': maximum punishment, fourteen years' p. s.

'Night'] By s. 12: For the purposes of this Act, the night shall be considered, and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.'

'Game'] By s. 13: For the purposes of this Act, the word ' game shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards,' exactly as in 1-2 W. 4, 32, 2. In 25-6 V. 114, 1, eggs of pheasants and partridges, woodcocks, snipes, rabbits,' and 'eggs of grouse' are added, and bustards are excluded.

Taking, &c. hares, &c. in the night] By 24-5 V. 96, 17: Whosoever shall unlawfully and wilfully, between the expiration of the first hour after sunset and the beginning of the last hour before sunrise, take or kill any hare or rabbit, in any warren or ground lawfully used for the breeding or keeping of hares or rabbits, whether the same be inclosed or not, shall be guilty of a misdemeanour.'

Destroying game or rabbits on a public road] By 7-8 V. 29, 1: 'all the pains, punishments, and forfeitures imposed by' 9 G. 4, 69, above, upon persons by night unlawfully taking or destroying any game or rabbits, in any land, open or inclosed, as therein set forth, shall be applicable to, and imposed upon any person by night, unlawfully taking or destroying any game or rabbits on any public road, highway, or path, or the sides thereof, or at the openings, outlets, or gates from any such land into any such public road, highway, or path, in the like manner as upon any such land, open or inclosed; and it shall be lawful for the owner or occupier of any land adjoining either side of that part of such road, highway, or path, where the offender shall be, and the gamekeeper or servant of such owner or occupier, and any person assisting such gamekeeper or servant, and for all persons authorised by' 9 G. 4, 69, above, to apprehend any offender against the provisions thereof, to seize and apprehend any person offending against the said Act or this Act; and the said Act and all the powers, provisions, authorities and jurisdictions therein or thereby contained or given, shall be applicable for carrying this Act into execution as if the same had been herein specially set forth.

6

Tame pheasants] reared by hens and under their control are not game and may be stolen: Garnham, 8 Cox C. C. 451, 1861, where the pheasants were kept in coops but could run in and out, and were actually roosting in the trees.

Night poaching after two previous convictions] The previous convictions under 9 G. 4, 69, 1, must be convictions under that s. Where there was a conviction on indictment (under s. 1) after two previous convictions, one of which was under s. 9 of that A., the Court for