Slike strani

I. A narrative of the circumstances from which MODUS. the subornation resulted, such as that the accused had a lawsuit depending, or the like,

II. That he having formed the wicked and felonious design of perverting justice for his own ends and purposes, in reference to the said suit, by alleging and bringing false testimony to a certain effect named,

III. Did "wickedly and feloniously" solicit, entice, seduce, and suborn a person described, to appear as a witness at a place and time fixed for proceeding in the case described, and "wickedly, wilfully, and deliberately, to "commit the crime of perjury, by falsely swearing to "certain pretended facts, according to instructions "which you then and there gave to him, and in par"ticular to swear that," &c., and

IV. That the accused did this by holding out to the said A. B., the expectation of good deeds and rewards, and by promising him the sum of £50 or thereby (as the case may be), or by other means of inducement to the prosecutor unknown,

V. That having succeeded, by the means aforesaid, in wickedly and feloniously enticing, procuring, and suborning the said A. B. to swear falsely, as aforesaid, and thereafter, during such proceedings described, the person having been adduced and examined as a witness, solicited, enticed, seduced, and suborned by the accused, did then and there, after having been solemnly sworn to speak the truth, wickedly, wilfully, knowingly, and falsely swear, &c. (here insert a statement of the deposition as in a case of perjury),

VI. Whereas the truth is, and it will be proved, &c. (as in a case of perjury),

VII. That the accused caused the person to be adduced and examined as a witness on his behalf during the proceedings described, although he well knew that, solicited, enticed, seduced, and suborned by him, as aforesaid, the person intended to give false evidence as



Enticement specified, but

A charge which does not specify in what the inducelatitude compe- ment consisted is irrelevant. But if the prosecutor tells all he knows, he may add, "some other means of "inducement to the prosecutor unknown."


A charge of attempt to suborn sets forth a preliminary narrative as above, adding some statement explanatory of the non-success of the attempt, as that the person enticed refused to depone falsely, or pretended to consent.


aforesaid, and to commit wilful perjury, by swearing as aforesaid, when, as was well known to the accused, the facts so sworn to by the said person, were false as aforesaid.

DEFORCEMENT.-A charge of deforcement, except in revenue cases, proceeds on a narrative—

I. Of the circumstances of which the warrant was the result, and of its being issued,

II. That the officer having proceeded to a certain place, with certain persons named, as his assistants or concurrents (where such is the fact), did

III. Intimate that he was an officer of the law, and had a warrant, and did apprehend, or attempt to apprehend, the person to whom it applied (or in the case of his errand having been well known, and of his having been attacked before he had taken the first step to execute his duty, a narrative to that effect), that

IV. The accused did certain acts of resistance described,

V. "Well knowing, or having good reason to know," that the person named was an officer of the law engaged in the execution of his duty, as previously set forth (and that the other persons named were employed by and assisting him therein),

VI. That the officer and those assisting were forcibly prevented from executing the warrant by the accused, and the officer was deforced by the accused.

dorsed, this

Warrant of

"if the same be

Where the warrant was executed beyond the juris- MODUS. diction of the magistrate issuing it, the indorsation is Warrant inset forth. It is not decided whether in the case of stated. the decree containing the warrant, bearing that exe- imprisonment, cution might pass by poinding and sale, and imprison- "competent." ment, "if the same be competent," it is necessary, in ordinary cases, to aver that imprisonment was competent. In one case where it was set forth that the sum decerned for was due under a local statutory tax (1), the objection that it was not stated that imprisonment was competent was repelled, these words. of style being inapplicable to such a case. It is not Revenue cases. an objection to a charge of deforcement of revenue officers that the charge sets forth no warrant (2) unless the special duty is one of those to which the revenue statutes make a warrant necessary.

PRISON BREAKING.—The charge sets forth—

I. The circumstance of the imprisonment, whether under a sentence or on commitment for trial, and the name and situation, &c., of the prison, or otherwise, as the case may be,

II. That the accused, being still legally confined,


III. By a certain process described, or in some other manner unknown, make his escape, and did abscond (3).

A charge of attempt is similar, except that its third attempt. head describes an attempt merely (4.)

A charge of breaking into prison to rescue prisoners should set forth

I. The particulars as to the name, &c., of the prisoner, the cause of the imprisonment, description of the prison, &c.,

1 Jas. Hunter and Thos. Peacock, H.C., Jan. 16th 1860; 3 Irv. 518 and 32 S. J. 475.

2 Pet. Hamilton and Jas. Jamieson, Inverary, Sept 17th 1845; 2

Broun, 495.

3 Will. Hutton, Ayr, April 13th 1837; 1 Swin. 497 (indictment).

4 Robt. Smith, Perth, Sept. 17th 1863; 4 Irv. 434 (indictment)



Convict at large.



Speaking or writing

II. That the said person being still confined there, III. The accused did "wickedly and feloniously" do certain acts of violence described to a particular part of the prison described,

IV. A narrative of the escape, averring it to have been effected by means of the effraction before libelled.

Where the attempt failed, the charge would be as above, except that the fourth head would aver only that the accused acted "with intent," &c.

CONVICT BEING AT LARGE.—The charge states—
I. A narrative of the conviction and sentence.
II. A statement that nevertheless, at a certain
time and place, the accused was found at large,

III. Without lawful excuse, and

IV. Before the expiry of the term of the sentence (1).

TREASON-FELONY.-A charge for this offence should set forth that the accused did

I. "Compass, imagine, invent, devise, or intend "to deprive or depose our most gracious Majesty "Queen Victoria," (or otherwise as the case may be, using the words of the Statute applicable to the offence to be charged), and

II. "Such compassings, imaginations, inventions, devices or intentions, or one or more of them, you, "the said A.B., did "

[ocr errors]

III. "Express, utter, and declare"-in a certain manner described (as by distributing a placard or hand-bill, giving its terms), or addressing a meeting of persons in certain language described (or as the case may be).

SEDITION. It is difficult to lay down rules for libelling a charge of this sort. In the case of sedition by writing, or speaking, or the like, the requisite statement seems to be, that the accused did

1 John Neillis or Neillus, H.C., May 20th 1861; 4 Irv. 50 (indictment).

I. Wickedly, feloniously, and seditiously do certain MODUS. acts described; such as preaching a sermon or making a speech containing certain statements described, in presence of a concourse of people described, or publishing a pamphlet of a seditious tendency, quoting


II. In a manner calculated to incite tumult and rebellion in the state,

III. (Where such is the fact) that certain results followed; e.g., that the people addressed proceeded to do certain acts described, such as passing seditious resolutions, or doing acts of violence, or the like.

Where the sedition is by outward demonstration Seditious conby a crowd or the like, the charge should set forth

I. A narrative of the facts leading to the acts. done; e.g., that a number of people having assembled, and having formed the design of doing certain acts, or other disorderly or violent or tumultuous acts unknown, for some seditious purpose described; such as obtaining the repeal of a certain public tax or the like, did then and there

II. Wickedly, feloniously, and seditiously do certain acts described; such as passing seditious resolutions described, or making an attack described on the house of a minister of state, or the like,

III. That the accused was present and actively engaged with the concourse of people in the seditious acts described, or one or more of them.


UNLAWFUL OATHS.-The general requisites are, Unlawful oaths. a statement of the act done, (administering a certain oath or engagement, or taking an oath or otherwise), stating circumstances and purpose, &c., especially where the purport is to bind to commit treason or murder, the statement being qualified by such words as wickedly, wilfully, and unlawfully."

CONSPIRACY.-The libel sets forth that the accused Conspiracy. did form a wicked and felonious conspiracy, and after

« PrejšnjaNaprej »