commission of offence is cured by the 6 & 7
Vict. c. 83, s. 2.
It is not necessary that a coroner's jury
should all be sworn at the same time, or all
view the body at the same time, or that
they should be sworn super visum corporis.
Reg. v. Ingham, 508.
MUTINY ACT.
Homicide under, App. xxix.
NAVAL STORES.
Act for better protection of, App. xxii.
The prisoner's unmarried daughter, aged
eighteen, having for some time previously
gone out to service, and occasionally returned
to live with her mother and stepfather, at
such times working at glove-making in
order to earn her subsistence, was confined
with child at her stepfather's house, and the
prisoner, her mother, purposely neglected to
procure a midwife or other proper person
to attend her daughter when she was taken
in labour, and by reason thereof she died in
childbirth :
Held, that there was no legal duty on the
prisoner to procure proper assistance under
the circumstances, and therefore that she
was not guilty of manslaughter. Reg. v.
Shepherd, 123.
NIGHT POACHING.
On the trial of an indictment for night poaching.
under the 9 Geo.4, c. 69, ss. 4, 9, it is not suf-
ficient to produce the warrant only under
which the prisoners were apprehended, for
the purpose of proving that the proceedings
were commenced within twelve months of
the commission of the offence, but the infor-
mation in writing should also be produced.
Reg. v. Parker and Smith, 475.
Obstructing highway by telegraph posts, 174.
Obstruction by street tramways, 180.
By sect. 23 of the 24 & 25 Vict. c. 96 (Larceny
Act), it is enacted that, whosoever shall un-
lawfully and wilfully kill, wound, or take any
house-dove or pigeon, under such circum-
stances as shall not amount to larceny at
common law, shall, on conviction, &c.:
Held, that this provision does not apply
to a case where a party, under a claim of
right, kills a pigeon which is doing mischief
upon his land.
A., the occupier of land, gave notice to B.,
who kept pigeons, that such pigeons did
damage to his land, and that he would de-
stroy them if they were not restrained.
After this notice, finding the pigeons on his
land, he fired his gun, whereupon they rose;
he then fired again and killed one of them,
and being convicted upon an information
laid under the above section:
Held, that such conviction was bad. Tay-
lor (app.) v. Newman (resp.), 314.
On the hearing of the summons taken out by
A., for an order of affiliation on H. of a
bastard child born in March, A. was asked
in cross-examination whether she had not
had carnal connection with C. in the pre-
vious September. She denied it. The
justices wrongly allowed C. to be called to
contradict her, and he swore that he had
connectionwith her in the September previous.
C. was afterwards indicted and convicted for
perjury in having sworn that in the Septem-
ber previous he had had connection with A:
Held by eleven judges (Martin, B. and
Crompton, J. dubitantibus), that although
C.'s evidence was inadmissible in point of
law, yet having been admitted and being
relevant to the credit of a material witness
in the cause, perjury could be assigned upon
it. Reg. v. Gibbons, 105.
An illegitimate child being filius nullius, an
indictment charging the defendant with
taking a false oath before a surrogate and
alleging that G. E. was the natural and law-
ful father of E. E. and that his consent was
necessary as such father under the 4 Geo. 4
c. 76, cannot be sustained. Reg. v. Fair-
lie, 209.
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Act for relief of certain persons from, App. ix. An indictment alleged that the cause came
on to be heard and was duly tried by a
jury:"
PARENT AND CHILD.
Neglect to provide medical assistance for
daughter, 123.
PAROCHIAL ASSESSMENTS.
Act for regulating, App. xlvii.
Held, sufficient, although no verdict given,
the trial ending in a nonsuit. Reg. v. Bray,
A feme sole obtained a judgment in the
G. County Court, and then married S. She
afterwards took out a judgment-summons in
her name when sole, in L. County Court,
without having made her husband a party
to the judgment. At the hearing of the
summons the judge of the L. Court amended
the summons by striking out the name of the
plaintiff, and substituting S. and wife. After
the alteration the defendant was sworn and
examined, and committed perjury.
He was
then indicted and found guilty of perjury:
Held, that the amendment was without
jurisdiction, and that there being no cause in
the altered name, the conviction could not
be supported. Reg. v. Pearce, 258.
An indictment for perjury in making a false
declaration under 5 & 6 Will. 4, c. 62, s. 18,
cannot be sustained when the deed or written
instrument of which the declaration is con-
firmatory is not duly proved. Reg. v. Cox,
To an indictment for perjury, on the hearing
of an information before justices, under the
11 & 12 Vict. c. 49, for keeping open an inn
for the sale of beer to persons not being
travellers, before half-past twelve o'clock
on Sunday afternoon, it was objected by
counsel that the justices had no jurisdiction,
and that the 11 & 12 Vict. c. 49, was
repealed, and for this Whiteley v. Heaton
(72 L. J. 217, M.C.) was cited:
Held, on the authority of Harris v. Jenns
(3 L. T. Rep. N.S., 408), that the 11 & 12
Vict. c. 49, was not repealed, and therefore
that the justices had jurisdiction. Reg. v.
Mary Senior, 469.
On the trial of an indictment for perjury,
alleged to have been committed on the trial
of an indictment for an assault, all the
evidence that was admissible on the trial of
the indictment for the assault is admissible
on the trial of the indictment for perjury.
Reg. v. Harrison, 503.
Act for regulating administration of, App. i.
Arrest by-Assault-Warrant, 127.
POST OFFICE.
See LARCENY.
Twenty-four prostitutes and fifty men re-
mained at the bar of a public-house for an
hour or more. The women were disorderly,
and some of them swearing. At a later
hour the same evening fifty prostitutes and
sixty men were there, some of the prosti-
tutes being the same as were there at the
earlier part of the evening. Several of the
same prostitutes were proved to have been
in the same house on other evenings. The
defendant was present on these occasions:
Held, that this was sufficient evidence of
knowingly permitting and suffering persons
of notoriously bad character to assemble
and meet together in the house, contrary to
the Excise licence granted under 9 Geo. 4,
c. 61:
Held, also, that an information for such
offence was a criminal proceeding, and that
the defendant was not admissible as a wit-
ness upon the hearing of it. Parker v.
Green, 169.
On the trial of an information filed by the
Attorney-General, charging the defendant
with bribery at an election, the principal
witness for the prosecution refused
answer certain questions, and was committed
for contempt, and the judge discharged the
jury without giving a verdict.
The defendant had pleaded not guilty,
and he now desired to plead in addition
the several matters which occurred at the
trial:
Held, that he could not do so, as he would
then be pleading double, but that the whole
facts might be set out on the record, so
that he might take any steps he might be
advised in a court of error. Reg. v.
Charlesworth, 40.
Where, in an indictment for perjury, the
Attorney-General enters a nolle prosequi on
the part of the Crown, he does so on his
own responsibility, and this court will not
interfere. Reg. v. Allen, 120.
The court refused to set aside on motion a
plea of justification pleaded to counts of a
criminal information for words spoken of
and to a person acting magisterially, leaving
the party to demur if he thought fit. Reg.
v. John Rea, 401.
Venue in false pretences, 94.
Misjoinder of counts-Time for objecting,
In criminal information --Plea of justification
to counts for words spoken, 401.
Vexatious Indictments Act—Averment of per-
formance of conditions, 483.
The prisoner was charged with uttering, &c..
having been before convicted of felony.
The old Act provided that the previous con-
viction should be proved first at the trial:
the 24 & 25 Vict. c. 99, directs that the
prisoner shall not be arraigned upon the
previous conviction till the subsequent felony
shall have been disposed of. The 3rd sec-
tion of the Repealing Act, 24 & 25 Vict.
c. 95, considered as to proceedings at trial
of offences committed before 1st Novem-
ber, 1861:
Held, by the Recorder and the Common
Serjeant, that the 3rd section of the Re-
pealing Act directs that the proceedings at
the trial of offences committed before 1st
November, 1861, shall be in accordance
with the rules observed till that time. Reg.
v. Montrion, 27.
priety complain of the appearance of par-
tiality on the part of any of the jurymen, but
to do so in violent and abusive language, or
in a violent manner and for the purpose of
insult, and in a spite of admonition from the
court, is a contempt. Ex parte Pater, 544.
Accessory after the fact, 242.
Misjoinder of counts-Time for objecting-
Election, 261.
Statement for the prosecution in murder, 404.
Referring witness to his deposition, 409.
Act for aiding discharged, App. xviii.
Act for better instruction of, App. Ivi.
QUEEN'S PRISON.
Act for regulating, App. ii.
On the trial of an information filed by the
Attorney-General under the Corrupt Prac-
tices Act, charging the defendant with
bribery at a parliamentary election, the
principal witness for the prosecution refused
to answer certain questions, and was com-
mitted for contempt of court, and the judge
discharged the jury without giving a verdict.
The court discharged a rule nisi calling
on the Crown to show cause why judgment Act for facilitating proof of title to, App. xix.
should not be entered for the defendant, and
that he be dismissed and discharged from the
premises and depart without any day, and
why the award of jury process and all other
proceedings for a second trial should not be
stayed. Reg. v. Charlesworth, 44.
A judge is not bound to record a verdict which
does not amount to guilty or not guilty, un-
less the jury request him to record it.
Upon an indictment for false pretences,
the jury found the prisoner guilty of obtain-
ing the property by the false pretences
alleged, but added, that they thought he
meant to pay for it.
The judge refused to receive such verdict,
and told them they must find the prisoner
guilty or not guilty, and left the facts again
for their consideration:
Held, that a verdict of guilty which they
then found was sustainable. Reg. v. Meany,
The counsel for the prosecution opening no
case against one prisoner, statements made
by that prisoner not to be used except in a
regular way of evidence. Reg. v. Gardner
and Humbler, 332.
Counsel is not to state in his address to jury
statements made by prisoner after his arrest.
Reg. v. Bodkin, 404.
A court of quarter sessions has power to fine a
barrister for contempt of court, even though
committed by him in what he believes to be
the legitimate exercise of his professional
duty.
But if the court of quarter session fines
for contempt of court without any reasonable
ground, this court will interfere.
Counsel has a right to, and may with pro-
The principal felon, during the prisoner's
absence, left the stolen property with the
prisoner's wife, who gave him sixpence on
account. Afterwards the principal felon and
the prisoner met and agreed on the price,
and the prisoner paid the balance. Guilty
knowledge as to the property having been
stolen was inferred from the other circum-
stances of the case:
Held, that the receipt was not complete
till the principal felon and the prisoner had
agreed as to the price, and that the prisoner
knowing then that the property was stolen.
was properly convicted of teloniously receiv-
ing. Reg. v. Woodward, 95.
The prisoner lodged at the prosecutor's house
about a year, and then left, but at what
time and in what manner did not appear.
On the next day the prosecutor's wife left
with a small bundle. The articles mentioned
in the indictment were then missed by the
prosecutor, and were of too great bulk to
have been contained in the bundle taken by
the wife. Two days afterwards the prisoner
was apprehended in company with the pro-
secutor's wife on board a vessel bound for
Quebec, the wife passing by the prisoner's
name; and the missing articles being found
part in the prisoner's cabin, and some on his
person:
Held, that the prisoner could properly be
convicted upon this evidence of feloniously
receiving the articles, well knowing the same
to have been feloniously stolen by a certain
evil-disposed person. Reg. v. Deer, 225.
A husband and wife were jointly indicted for
stealing and receiving, and the jury found
the wife guilty of stealing without any con-
straint on the husband's part, and the hus-
band guilty of receiving the stolen property,
knowing at the time when the property was
delivered to him that it had been stolen by
his wife:
Held, that the husband was properly con-
victed of receiving. Reg. v. M'Athey, 251.
REFRESHMENT HOUSES.
Knowingly suffering prostitutes to assemble at
and continue in and upon the premises-
Sufficiency of evidence to sustain conviction.
Belasco v. Hannant, Barton v. Hannant, 203.
REGISTRATION OF BIRTH.
False statement to registrar of the birth of a
child. Reg. v. Hotine, 146.
to C. for brass. Then B. and C. were at a
bank together, depositing part of the pro-
ceeds for which C. had sold the gold rings:
Held, that there was evidence to support
a conviction of both B. and C. for knowingly
concealing treasure trove from the Crown.
Reg. v. Thomas and Willett, 376.
L., a member of a trade society, was told by
members to leave off working for K., his
master, he refused; O'Neill, the president
of the society, said that he, as president,
ordered him to come out, and then abused
L., and said, if he had been working at K.'s
he would have pulled him out, and that he
would use his influence to have him turned
out of the society. Galbraith and others
went to K.'s as a deputation, to point out to
K. what they objected to. After this, L.
was summoned by the society, O'Neill
being in the chair, and the business was,
whether L. was going to leave K.'s or to be
turned out of the society. Galbraith re-
ported to the meeting the result of the de-
putation to K.'s. L. was then asked by
O'Neill whether he would leave K.'s or stay
there and be despised by the society, and
have his name sent round all over the
conntry in the report, and be put to all sorts
of unpleasantness:
Held, that this was evidence of a threat by
O'Neill under 6 Geo. 4, c. 129, s. 3, and an
endeavour to force L. to depart from his
employment. O'Neill and Galbraith (apps.)
v. Longman (resp.), 360.
Attempting to force journeymen to leave their
employ, 262, 366.
Fraudulent-Express trust in writing-Savings
bank, 189.
TURNPIKE TICKET.
Under the 24 & 25 Vict. c. 96, s. 45, which
relates to demanding property, &c., with
menaces or by force, the menaces must be
of such a nature and extent us to unsettle
the mind of the person on whom it operates,
and take away from his acts that element of Forgery of, 160.
free voluntary action which alone constitutes
consent. It is a question for the jury
whether the evidence in any particular case
comes within that principle. Reg. v. George Act for taking votes at, App. viii.
Walton and Joseph Ogden, 268.
In an indictment for concealing the finding of
treasure trove from the Crown, it is not
necessary to aver that the prisoner concealed Act to regulate, App. ix.
it fraudulently. The words "unlawfully,
wilfully and knowingly," are sufficient.
A., in ploughing, found large rings of old
gold of considerable value and sold them for
brass to B. for 5s. 6d., saying where he found
them. B. afterwards found out that they
were gold and offered them to a jeweller for
sale as gold. Then B. said he had sold them
An information under the 5 Geo. 4, c. 83, s. 4
(the Vagrant Act), charged the appellants
with being found in the respondent's house
at night "for an unlawful purpose, to
wit, for the purpose of feloniously stealing
the respondent's property." The evidence
showed that they were in the respondent's
house, partaking with his servants of his In false pretences, 94.
provisions without his knowledge or consent.
The justices found that the appellants were
in the house for the unlawful purpose of
joining in the taking and consuming the
respondent's property without his consent or
knowledge, and convicted them:
Held, that, as the information laid a
felonious purpose, it was essential to support
it, that a felonious intention should be shown;
that as the justices had merely found that
the appellants were in the house for the
purpose of unlawfully taking and consuming
the respondent's property, without stating
that they were there to commit a felony, the
conviction was bad. Kerkin and others v.
Jenkins, 311.
Of common assault in an indictment for
grievous bodily harm, 91.
Right of judge to direct a jury to reconsider,
VEXATIOUS INDICTMENTS ACT.
Indictment preferred without leave-Quashing
objectionable part-Inadmissibility of evi-
dence thereon, 430.
Quashing indictment-Court martial, 433.
Averment of performance of conditions of—
Recognizance, 483.
FORM OF INDICTMENT.
Indictment, under the Foreign Enlistment Act,
charging a subject of the Queen with
attempting to enlist in the service of a
foreign power other British subjects, without
having obtained the leave or licence of the
Queen, lviii.
An Act to amend the Law relating to the un-
lawful administering of Poison, i.
An Act to amend the Act for regulating the
Queen's Prison, ii.
An Act to make better Provision for the
Custody and Care of Criminal Lunatics, iii.
An Act to extend the Jurisdiction and im-
prove the Practice of the High Court of
Admiralty, vii.
An Act to provide that Votes at Elections for
the Universities may be recorded by means
of Voting Papers, viii.
An Act to facilitate Proceedings before
Justices under the Acts relating to Vacci-
nation, ix.
An Act to give relief to Persons who may
refuse or be unwilling, from alleged consci-
entious Motives, to be sworn in Criminal
Proceedings, ix.
An Act to amend the Laws relating to the
Inland Revenue, x.
An Act for regulating the Business of Dealers
in old Metals, xi.
An Act to amend the Law relating to Bank-
ruptcy and Insolvency in England, xiii.
An Act to amend the Law relating to the
giving of Aid to Discharged Prisoners, xviii.
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An Act for the more speedy Trial of certain
Homicides committed by persons subject to
the Mutiny Act, xxix.
An Act for obtaining a Declaration of Title,
xxxii.
An Act to amend the Law relating to the
Fraudulent marking of Merchandise, xxxvii.
An Act for the Incorporation, Regulation, and
Winding-up of Trading Companies and
other Associations, xlvi.
An Act to amend the Law relating to Paro-
chial Assessments in England, xlvii.
An Act to give greater Facilities for summon-
ing Persons to serve on Juries, and for other
Purposes relating thereto, xlvii.
An Act to amend the Law relating to
Marriages in Ireland, liii.
An Act to amend and continue the Law re-
lating to Corrupt Practices at Elections of
Members of Parliament, liii.
An Act for the further Security of the Persons
of Her Majesty's Subjects from personal
Violence, lv.
An Act for the Amendment of the Law relat-
ing to the Religious Instruction of Prisoners
in County and Borough Prisons in England
and Scotland, Ivi.
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