Slike strani

charged by proclamation at an ad- contained in the advertisement, as the journed sessions which preceded the vessel itself was not mentioned in the assizes, and had absconded. The inventory, but only the stores. Ibid. Judge allowed the expenses. But sem- 5. The questions for the jury in such ble, that, if the prosecutor and wit. a case are, whether the vessel was in nesses had merely appeared at the fact copper fastened; and, if it was not, assizes and had not preferred any in- did the seller know that it was not? dictment, the Judge would have had and, if he did, did he use any means no power to allow any expenses. Rex to conceal the fact from the buyer? v. Robey, 552



1. An indictment for a forcible enSee ForgERY, 7.

try cannot be supported by evidence FALSE REPRESENTATION.

of a mere trespass; but there must be

proof of such force, or at least such See WARRANTY.

shew of force, as is calculated to pre1. A tradesman can only recover

vent any resistance. Rex v. Smyth, against a person making a false repre

201 sentation of the means of one who re- 2. If a wife, separated from her ferred to him, such damage as is justly

husband, take a house of which the and immediately referable to the false

husband, with the landlord's consent, representation. Therefore, if the obtains possession :-Semble, that if tradesman gives an indiscreet and ill

the wife come with others and make judging credit, he cannot make the forcible entry into this house, she referee answerable for any loss occa

may be convicted on an indictment for sioned by it. Corbett v. Brown, 363 a forcible entry, stating it to be the 2. A party bought a ship under a

house of the husband.

Ibid. representation that she was copper

3. Where a constable entered a fastened. He ascertained in the

house with a warrant in his hand, and course of a few days that she was not,

searched it, and for such entering and but did not make any complaint to

searching was indicted for a forcible the seller till several months after

entry:-Held, that his counsel might wards, when she had been on a voy

ask the witnesses for the prosecution

what the constable said at the time as age and returned :-Held, that this delay would not prevent his recover

to whom he was searching for. Ibid. ing, provided the action was in other respects maintainable. Freeman v.


475 1. A forged paper was in the fol3. Held, also, that “Lloyd's Regis- lowing form—" Per bearer two 11-4 ter of Shipping” was not admissible superfine counterpanes. T. Davis, in evidence to shew that the vessel was E Twell.” It was not addressed to considered as copper fastened. Ibid. any person :- Held, by the 15 Judges,

4. The contract stated, that the that it was neither an order nor a revessel was to be delivered with all her


within the stat. 1 Will. 4, c. 66, stores according to the inventory. s. 10, (the forgery consolidation act). The inventory was at the end of the Rex v. Cullen,

116 advertisement for the sale :-Held, 2. On an indictment for forging a that this did not import into the con- check, purporting to be drawn by G. tract the representation as to the vessel A. upon Messrs. J. L. & Co., proof

SS 2

that no person named G. A. keeps an account with or has any right to draw on Messrs. J. L. & Co., is prima facie evidence that G. A. is a fictitious person. Rex v. Backler,

118 3. Where a bill purported to be accepted by “Samuel Knight, Marketplace, Birmingham"-It was held, on an indictment for the forgery of the acceptance, that the result of inquiries made at Birminghain by the prosecutor, who was not acquainted with the place, was evidence for the Jury, though neither the best nor the usual evidence given to prove the non-existence of a party whose name is used. Rex v. King,

123 4. The practice of issuing county court processes in blank for the attornies to fill up after they have been issued by the county clerk, is highly irregular; and semble, that the filling up of a county court summons, or altering a distringas into a summons after it has been so issued in blank, is a forgery at common law. Rex v. Collier,

160 5. An indictment which charges a forged check to be “a warrant and order for the payment of money, which said warrant and order is in the words and figures following," is good. Rex v. Crowther,

316 6. A forged check on the W. bank was presented for payment at the S. bank, where the supposed drawer never kept cash:-Held, that this was sufficient evidence of an intent to defraud the partners of the S. bank, although there was no probability of their paying the check, even if it had been genuine.


See Poaching. 1. To bring a party within the stat. 52 Geo. 3, c. 93, for not producing his game certificate, it is not necessary that the demand of it should be made on the land on which he was sporting; but the demand must be made so immediately after the party has left the land, as to form a part of the same transaction. Scarth v. Gardener, 38

2. It is not necessary that the person making the demand should produce any certificate; and if the other party refuses to produce his, he takes the risk of whether the person demanding is one having a right to make such demand.

Ibid. 3. If a person refuses to produce his game certificate, or to tell his name or residence, the person demanding need not go on to ask in what place, if any, he is assessed to the game duty.


See Horse.


TO CONTRACT. Where a party contracted to supply and erect a warm air apparatus for a certain sum:-Held, in an action for the price, (the defence to which

was, that the apparatus did not answer,) that, if the jury thought it was substantial in the main, though not quite so complete as it might be under the contract, and could be made good at a reasonable rate, the proper course would be to find a verdict for the plaintiff, deducting such sum as would enable the defendant to do what was requisite. Cutler v. Close,

Ibid. 7. A person who obtained goods on delivering a forged letter—“ Please to let the bearer W. T. have for J. R. 4 yards of linen,” signed J. R., is not indictable for obtaining goods by false pretence, as this is uttering a forged request for the delivery of goods which is a felony under sect. 10, of the stat. 1 Will. 4, c. 66. Rex v. Evans, 553

337 GOODS SOLD. Sce CharitaBLE INSTITUTION. A. sold to B. a butt of wine, which was not delivered. B. compounded with his creditors, and the amount of

are bad.

the wine was, by A.'s consent, includ- party with high treason in “ compass. ed in the composition. The compo- ing &c. the main and wounding" of sition money was secured by bills, and His Majesty, and with “compassing A. had a claim against B. beyond the &c. the wounding" of His Majesty, price of the wine. Before the whole

Ibid. of the composition was paid, B. de- 3. The prisoner, in a case of high manded the wine of A., who refused treason, has a right to address the to deliver it:-Held, that he was Jury in addition to the speeches of his bound to deliver it, as he had under- counsel-and semble, that both the taken to do so; and that the doctrine prisoner's counsel have a right to adwith respect to stoppage in transitu dress the Jury, although there be no did not apply under the circumstances. evidence on the part of the defence. Nichols v. Hart, 179

Ibid. 2. A., a publisher, had for some

HIGHWAY years supplied a periodical work to

See WAY. W. as fast as the numbers came out.

A road had been repaired by a paW. died, and A., not knowing of his death, continued sending the numbers

rish, and persons on horseback had

used it; but there was no evidence that of the work by the stage coach, addressed to W. These numbers were

any carriage had ever gone along the

whole length of it:-Held, that the received by B., who had succeeded to

parish could not be convicted of nonthe property of W., and there was no

repair of it on an indictment stating it evidence that B. had ever offered to return them :-Held, that A. might

to be a way for carriages; and that

there should have been a count in the maintain an action for goods sold and

indictment charging it to be a way for delivered against B., though at the

horses. Rex v. The Inhabitants of St. time of the deliveries A. was not


579 aware of the death of W. Weatherby

HORSE. v. Banham,


A. let a horse on hire to B. for one GUARANTIE.

month, B. kept it for two months, and A

then sold it to C.:-Held, that A. person gave a guarantie in these words, “I hereby agree to be answer

might recover the value of the horse able for the payment of 501. for T.

from C., although C. had acted boná L. In case T. L. does not pay for the fide, and had paid B. the full value.

313 gin, &c. he receives from you, I will

Shelley v. Ford, pay you the amount:"Held, that it

HORSE RACE. was not a continuing guarantie. Nicholson v. Paget,


1. The clerk of the course at a race

cannot set off a claim of an unpaid HIGH TREASON.

stake due from the plaintiff on one 1. If a true bill be found against a race against a stake of another race person for high treason, the Judge won by the plaintiff's horse. Charlton , the counsel

147 to 2. furnish the solicitor to the Treasury cannot bring actions for unpaid stakes. with a list of the persons to be sum

Ibid. moned on the jury, that a copy of

HUSBAND AND WIFE. it may be delivered to the prisoner. Collins,

305 See EVIDENCE, 1, 2.- LEGITIMACY. 2. Semble, that counts charging a 1. To make a husband liable for


Rex v.

Rex v.

his wife's board and lodging at the terial to be given in evidence, as it house of a third person, when the wife formed a part of the facts of the case. leaves in consequence of a dispute, it The Judge received the evidence, and must be shewn, either that his conduct did not direct the second prosecution rendered it improper for her to live to be abandoned. Rex v. Salisbury, with him, or that he knew where she

155 was residing, and did not make any 3. An indictment preferred in 2 offer to take her back, except upon Will. 4, for a felony committed on the conditions which he had no right to 12th of March, 1830, charged the ofmake. Reed v. Moore,

200 fence to have been “against the peace 2. A man is answerable to a third of our Lord the King." This was obperson for what is done by his wife, jected to as soon as the case for the so long as the relation of husband an prosecution had closed. The prisoner wife continues, though they may be was convicted, and the fifteen Judges permanently living apart; at least, if held the conviction right. Rex v. it be not shewn that the wife at the Chalmers,

331 time was living in adultery. Head v. 4. In an indictment the property Briscoe,

481 was laid in J. H. It appeared that

the prosecutor's name was J. W. H.: IMPRISONMENT.

-Held, not material, if he was geneA woman died after a very short rally known by the name of J. H. illness; rumours were generally in cir


601 culation in the neighbourhood where she had lived that her husband bad

INSANITY. poisoned her, and a great crowd was To justify the acquittal of a pricollected in front of his house ; upon soner indicted for murder on the which the constable of the parish, with- ground of insanity, the Jury must be out any warrant, took him into cus

satisfied that he was incapable of tody, and conveyed him before a ma- judging between right and wrong, gistrate, who detained him till medical and at the time of committing the act men had reported the cause of death, did not consider that it was an ofand then discharged him:-Held, that,

fence against the laws of God and naif the Jury were of opinion that the ture. Rex v. Offord.

168 constable had reasonable ground of suspicion to justify the apprehension,

INSOLVENT. the action could not be maintained.

See RELEASE. Nicholson v. Hardwick,


1. An insolvent debtor, omitting to

state in his schedule debts due to him, INDICTMENT.

is not indictable for perjury, although See LARCENY, 1.-MANSLAUGHTER,

he has sworn to the truth of his sche1, 2, 3, 7.-MURDER, 2, 3, 5.- dule; but he must be indicted for a PoACHING.--Riot Act.

misdemeanor, under sect. 70 of the 1. Where an indictment is tried at insolvent debtors' act, 7 Geo. 4, c. 57. Nisi Prius, the nisi prius record does Perjury under sect. 71 of that act is not shew what names were on the only committed as to things falsely statback of the indictment.

Rex v.

ed in the schedule. Rex v. Moody, 23 Smyth,

201 2. The form of oath at the end of 2. On an indictment for felony, a an insolvent's schedule is an affidavit matter, which was the subject of an- in writing, and may be so stated in an other indictment for felony, was ma

indictment for perjury.

Ibid. Ibid.

3. Debts due to the insolvent are made out; but it is enough, if the ineffects or property,” within sect. 70 formation be withheld, although the of the insolvent debtors' act. Ibid. party withholding may only have erred

4. In an action by the assignee of in judgment. Elton v. Larkins, 86 an insolvent, it is necessary to prove 2. In general, it is not necessary the provisional assignment, although, that the assured should communicate by the Insolvent Debtors' Act, 7 Geo. the time of sailing; yet, if it be such 4, c. 57, it must be executed at the as to make the ship a missing ship, time of signing the petition, on which then it becomes a material fact, and the adjudication of the Insolvent should be communicated. Ibid. Debtors' Court (which is a court of 3. Whether underwriters at Lloyd's record) is founded. Jeffery v. Robin- must be taken, under all circumstanson,

230 ces, with reference to insurances, to 5. In an action by the assignee of be cognizant of the contents of the an insolvent, a letter written by the foreign lists filed in the reading room defendant was given in evidence; on


Ibid. the back of it something had been 4. In a question of marine insurwritten by the insolvent:-Held, that ance, a material concealment is a conthe defendant's counsel were entitled to cealment of facts, which, if communihave it read. Dagleish v. Dodd, 238 cated to the underwriter, would in

6. If an insolvent knows at the duce him either to refuse the insurtime of filing his schedule that a bill ance altogether, or not to effect it exof exchange had been indorsed to a cept at a larger premium than the particular person some time before, ordinary premium; and a letter conhe is bound to give notice to that taining facts, which, if communicated, person, although he cannot tell whe- would lead to inquiry, which would ther be continues to be holder at the produce important information, ought time of filing the schedule. Pugh v. to be shewn by the assured to the Hookham,

376 underwriter. Ellon v. Larkins, 385 7. A. received from B., an insol- 5. A party is not bound, at the vent, the pawnbroker's duplicate of a time of effecting a policy, to commubarp, which was an undue preference nicate the time of sailing of the ship, under sect. 32 of the Insolvent Act, unless at that time it is a missing 7 Geo. 4, c. 57. A. took the harp out ship; neither is he bound to commuof pawn:—Held, that, as against the nicate any knowledge he may have of assignees, A. had no lien on the harp the time of sailing of another vessel for the sum he paid to take it out of from the same place, either before or pawn. Ayling v. Williams, 399 at the same time as his own, unless he

8. Semble, that, where a party claims knows of something particular having to hold goods for his general balance, happened to such other vessel, which he cannot object that a smaller sum, might affect the insurance of his own. for which he really has a lien, has not

Ibid. been tendered to him.

Ibid, 6. Where material facts are known

to the assured at the time of effecting INSURANCE.

a policy, be is bound to communicate

them; and the circumstance of their See PRINCIPAL AND AGENT.

being contained in what are called 1. It is not necessary, to defeat an Lloyd's Lists, which the underwriter action on a policy of insurance on a has the power of inspecting, will not ship, on the ground of concealment of dispense with the necessity of such material facts, that fraud should be l communication.

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