pain and ignominy. Indeed, there is a case reported, where one Macdaniel and others conspired to charge an innocent man with robbery, for the purpose of receiving a reward which had been offered, and the unhappy man was convicted and executed.* A combination amongst persons, by indirect means, to prevent a man carrying on his trade, and thereby impoverish him, has been held to be a conspiracy at common law; and Lord MANSFIELD said he considered it to be in restraint of trade, and so affecting the public.† It was held by the same learned judge that, though persons in possession of goods may sell them at such prices as they individually may please, yet if they confederate, and agree not to sell them under certain prices, it is a conspiracy. Where, in an action for libel, it appeared that certain brokers were in the habit of agreeing together to attend sales by auction, and that one of them only should bid for any particular article, and that after the sale there should be a meeting, consisting of themselves only, at another place, to put up to sale among themselves, at a fair price, the goods that each had bought at the auction, and that the difference between the price at which the goods were bought at the auction and the fair price at this private re-sale, should be shared amongst them, Mr. Baron GURNEY said, "Owners of goods have a right to expect at an auction that there will be an open competition from the public; and if a lot of men go to an auction, upon an agree * 1 Leach, 45. Turner's case, 13 East, 228. ment amongst themselves of the kind that has been described, they are guilty of an indictable offence, and may be tried for a conspiracy." This practice is commonly known amongst a certain class of brokers as the "knock out." The following cases have been collected and quoted by Mr. Roscoe, in which the persons charged were convicted of conspiracy : Three persons conspired, that one should write his acceptance on a pretended bill of exchange, in order that the second might, by means of this acceptance, and of the indorsement of the third, negotiate it as a good bill, and thereby procure goods from the prosecutor.† So an indictment may be maintained for a conspiracy by irresponsible persons, to cause themselves to be believed persons of considerable property, for the purpose of defrauding tradesmen. So, if a man and woman marry, the man in the name of another, for the purpose of raising a spurious title to the estate of the person whose name is assumed, it is indictable as a conspiracy, and in such case it was held not to be necessary to show an immediate injury, but that it was for the jury to say whether the parties did not intend a future injury.§ By way of bringing my remarks on this offence to a conclusion, I may here repeat that any combination of persons to effect a public mischief, or a private fraud, or to do another a private wrong, is *Levi against Levi, 6, C. and P. 240. Robinson's case, 1 Leach, 37. regarded as a matter affecting society at large; and upon that principle, if upon no other, treated as a criminal offence, and punishable accordingly. I have now completed the task I originally set myself—one far more difficult of accomplishment than I at all anticipated, by reason of the necessity, on the one hand, for avoiding, as much as possible, all technicalities, and on the other, an anxiety not to leave any important point connected with the respective subjects wholly unnoticed. But my professed object being, as I have already stated, to lay before you no more than a superficial sketch of the law relating to the subject matters of which I have treated, I wish it to be well understood that I have been compelled to leave many points (of importance to the lawyer) wholly untouched, and have merely glanced at others, lest by entering into abstruse questions I might have perplexed you, and thus defeated the simple purpose at which I aimed to enable you, in conformity with the advice of BLACKSTONE, and without much trouble or sacrifice of time, to become "acquainted" with some, at least, of "those laws with which you are immediately concerned." INDEX. ACCEPTANCES, conspiracy to obtain, 164 Agents, entrusted with property, frauds by, 64 et seq.; statute respecting, 65 et note Animals, statutes respecting the stealing of, 23 Attorney, fraud by falsely pretending to be an, 116 BANKERS, frauds by, 64 et seq.; statutes respecting, 65 et note Bankruptcy, fraudulent, 144; etymology and definition of, 145; statute respect- Bet, false pretence relating to a, 83, 117 Bills of indictment, 14; finding of for cheating, 15 Bills of exchange, false pretences respecting, 120; fraudulently obtaining, 122; Blackstone's definitions of criminal irresponsibility, 5 CAMPBELL, Lord, his amendments of the criminal law, 17, 53 Carrier, convicted of obtaining money by false pretences, 114 Chattels, legal meaning of, 78 n. Cheating, distinguished from stealing, 36; definition of, 76 (see Frauds); indict- Cheques, fraudulent alterations of, 129, 131 Clerks, misappropriating their master's property, guilty of larceny, 34; embezzle- Combination by indirect means, 163 Common law, distinguished from statute law, 20 Conspiracy, offence of, defined, 158; law of, 161, 162; illustrative cases of, 162, 164; Counterfeit labels, forgery of, 138 Crimes, definition and explanation of, 3, 4, 16; attempts to commit, 17 CRIMINAL LAW, definition of the offences classified under, 3; of criminal irrespon- DEATH, obtaining money under false representation of, 104 EMBEZZLEMENT by clerks and servants, 52 et seq.; its distinction from larceny, 53, 54 et note; statutes respecting, ib.; the ingredients of, 54 et seq.; what Emigration agent, false pretences of an, 112 FALSE PRETENCES, obtaining property by, 76 et seq.; ingredients of, 79; statute Felonies and misdemeanors, definition of, 13 Felonious taking (see Taking, Felonious) Felons' goods, forfeiture of, and statute respecting, 49 et note Foreman to a manufactory convicted of obtaining money under false pre- Forgery, etymology and definition of, 127; illustrative cases of, 128 et seq.; the Fraud, laws for the prevention of, 16; what constitutes the crime, 30; illustra- Frauds, by bankers, agents, and others entrusted with property, 64 et seq. ; GLEANING, a felonious act, 44 Goods lost and found, misappropriation of, a larcenous taking, 37; illustrations Goods obtained under false pretences, 83-90; false pretences respecting the Grand jury, duties of the, 14, 15 IDIOCY (see Insanity) Indictable offences, divided into felonies and misdemeanors, 13 Indictment, bills of, 14; finding of for cheating, 102 Infancy, exempt from criminal responsibility, 6 Ignorance, exempt from criminal responsibility, 12 Insanity, exempt from criminal responsibility, 7-9; Alison's definition of, 8; Intent, felonious, on the part of the taker, 47 et seq.; to defraud, 92, 95 Irresponsibility, criminal, 5, 6 JOINT-STOCK COMPANIES, frauds by, 72; statute respecting, 73 et note LAND, not the subject of larceny, 20; wrongful taking of property annexed to, Larceny, disquisition on, 18, 19; personal goods and not land the subject of, 20; Loans, obtaining, by false pretences, 99 Lost property, misappropriation of, a larcenous taking, 37; illustrative cases of MISDEMEANOR, explanation of, 13 Money in the bank, false pretence respecting, 113; orders for payment under OFFENCES, definition and explanation of, 3, 4; divided into felonies and misde- |