Partners. 7 Geo. 4, c. 64. partners, it may be laid in any one partner by name, and others. be requisite to state the ownership of any property whatsoever, whether real or personal, which shall belong to or be in the possession of more than one person, whether such persons be partners in trade, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state such property to belong to the person so named and another or others,* as the case may be; and whenever, in (56 G. 3, c. 73; any indictment or information for any felony or misde1 G. 4, c. 102; meanor, it shall be necessary to mention, for any purpose 6 G. 4, c. 56, whatsoever, any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the manner aforesaid; and this provision shall be construed to extend to all joint stock companies and trustees. repealed.) Personation. 5 Geo. 4, c. 107. Punishment of personating per sons entitled to prize money or pensions changed to &c. PERSONATION. An Act for the better Regulation of Chelsea Hospital. 5 Geo. 4, c. 107. Sect. V. And whereas it is expedient that the crimes of personating and falsely assuming the name and character of any person entitled to prize money or pension, for the purpose of fraudulently receiving the same, should no longer be punished with death; be it further enacted, That from and after transportation, the passing of this Act, whosoever shall willingly and knowingly personate or falsely assume the name or character of any officer, soldier, seaman, marine or other person entitled or supposed to be entitled to any wages, pay, pension, prize money or other allowance of money for service done in his majesty's army or navy, or shall personate or falsely assume the name or character of the executor or administrator, wife, relation or creditor of any such officer or soldier, seaman, marine or other person, in order fraudulently to receive any wages, pay, pension, prize money or other allowances of money due or supposed to be due for or on account of the But if the indictment so describe a firm, and it turn out that one person only is the owner of the property, the variance will be fatal. services of any such officer or soldier, seaman or marine, or other person, every such person being thereof convicted, shall Personation. be liable, at the discretion of the court, to be transported be- 5 Geo. 4, c. 107. yond seas for life, or for any term of years not less than seven, or to be imprisoned only, or imprisoned and kept to hard labour in the common gaol or house of correction for any time not exceeding seven years. Indictment for Personation. Middlesex, The jurors for our lord the King upon their oath to wit. present, that A., late of the parish of in the county of labourer, on, &c. at the parish aforesaid, in the county aforesaid, willingly and knowingly did personate and falsely assume the name and character of one B.,¶ [a certain seaman] [officer] [marine] &c. he the said B. being then and there entitled to certain [wages] [pay] [pension] &c, to wit, &c. for and in respect of certain service before then done, by him the said B. in his said Majesty's [army] [or, navy] to wit, in the [ regiment] [or in and on board of a certain ship, &c. called- Jin order to receive the said [wages, &c.] due and owing to the said B. on account of his said service as such [seaman] [officer, &c.] as aforesaid, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity. Second Count: Stating that the seaman or officer was supposed to be entitled to certain wages, &c. as in the first count. Evidence. You must show upon this occasion that B. was a seaman or officer, as stated in the indictment, and that he was entitled or supposed to be entitled to the wages or prize money in question. The prisoner's offence of personating the individual, must also be shown, together with the intent of his fraud, namely, to receive the prize money or other allowances, as the case may be. In this case great care must be taken to show that the prisoner personated some individual who was really entitled to the wages, for, upon one or two occasions, where it appeared that there never had been such a person connected with the ship as the man described in the indictment, it was held, that Personation. the prisoner could not be convicted. Russ.& Ry.351, C. C. R. Rex v. Tannet; 2 East Pl. C. 1007, Rex v. Browne. 5 Geo. 4, c. 107. It is no objection, however, that the seaman was dead at the time of committing the offence, for the gist of the crime is in personating. Russ. & Ry. 327, Rex v. Cramp; id. 315, Rex v. Martin. In the last case it was known at the hospital that the seaman was dead, and the prisoner did not obtain the money, but this was considered to make no difference. All persons aiding and abetting the personator also are principals. Russ. & Ry. 353, Rex v. Potts. Indictment for personating the Representative of a Seaman, [This indictment is the same with the former as far as ¶, then proceed thus,] the said B. being at that time the [executor] or [administrator] of one C. deceased, the said C. being at the time of his decease a seaman [officer, &c.] entitled to certain [wages, &c.] for certain services, done, &c. to wit, in the county aforesaid [conclude as in the last precedent.] Second Count: Stating as before, that the wages or prize money were supposed to have been due. Evidence Here it must be shown, that the prisoner personated the individual mentioned in the indictment as the seaman or officer, with the intent there specified. It must also appear that C. deceased was a seaman or officer (as the case may be,) and that he was entitled, or supposed to be entitled to wages, &c. as stated in the indictment. It then remains to prove the death of C., and the title of B. the executor, or other representative. Some one present at the death of C. may show that fact, or (which may be more convenient,) the decease may be proved by the register of the burial. An examined copy of the register will be sufficient for this purpose. But as the register is no evidence of identity, some proof should be adduced to show that the deceased was the same person mentioned in the register. You then give in evidence a copy of the probate, which proves the executorship. Letters of administration are proved by producing the originals, under the seal of the Ecclesiastical Court, or by Personation. the entry in the book of orders of the court for the granting of administration, which may be proved by an examined copy; or, lastly, by producing an exemplification of the letters of 5 Geo. 4, c. 107. administration. PETIT TREASON. [Abolished.] 25 Edw. 3, st. 5, part of c. 2, petit treason; 12 Hen. 7, c. 7; 1 Edw. 6. c. 12, petit treason; 30 Geo. 3, c. 48, repealed by 9 Geo. 4, c. 31. LORD LANDSDOWNE'S ACT. 9 Geo. 4, c. 31. Petit Treason. 9 Geo. 4, c. 31. der. Sect. II. And be it enacted, That every offence, which Petit treason to before the commencement of this Act would have amounted be treated in all to petit treason, shall be deemed to be murder only, and no respects as murgreater offence; and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried and punished as principals and accessories in murder. PIGEONS AND HOUSE DOVES. The 2 Jac. 1, c. 27, as to house doves and pigeons; 4 Wm. & Mary, c. 23; 2 Geo. 3, c. 29, as to the preservation of house doves and pigeons, repealed by 7 & 8 Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. XXIII. And be it enacted, That if any person shall Killing pigeons. unlawfully and wilfully kill, wound or take any house-dove or pigeon, under such circumstances as shall not amount to larceny at common law, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds. Note. For if the pigeon house be open, which is most commonly the case, they are wild birds, and so not the subjects of larceny. Where they are inclosed in such a manner, Pigeons & House as that the owner may always take them without the least Doves. chance of their escaping, the taking is in that case a felony. The old statutes have undergone much alteration as to the 7 & 8 G.4, c. 29. term of imprisonment for nonpayment of the fine, and in other respects also, there being in effect some general provisions in subsequent sections of the Act, as to the application of penalties, the length of imprisonment, and the punishment generally of offenders convicted summarily before a magistrate. POACHING. Note. In considering this subject, we shall first mention the several offences forbidden by the Act. Secondly, the definition of game, and the time of night as there specified; and, lastly, the modes of proceeding against offenders. POACHING ACT. 9 Geo. 4, c. 69. Sect. IX. And be it enacted, That 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, fire arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland any persons so offending shall be liable to be punished in like manner. Indictment for Poaching at night, three persons being in com- Wiltshire, The jurors for our lord the King upon their |
