at the parish aforesaid, in the county aforesaid, one cloak Dwelling house, [describe the property] of the value of [the articles must stealing in. amount to five pounds] of the goods and chattels of one B., in the dwelling house of the said B. t, then and there being 7 & 8 G.4, c.29. found, then and there feloniously did steal, take and carry away, 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. Evidence. Here you must prove the larceny, you must show that it was committed by the prisoner, that it was done in the house of the person mentioned in the indictment, that the goods belonged to him, or to the individual alleged in the charge to have been the owner of them, that their value amounted to five pounds or upwards, and that the house was situated in the parish as described ‡. Indictment for Breaking and Entering a Building within the * Material. †The offence must be laid in the dwelling house of another person than the prisoner, or at all events, in an apartment secured by a separate enclosure. See the preceding note concerning the curtilage, to which this indictment also applies.-The prisoner may be found guilty of the stealing under £. 5, and then the offence will be simple larceny only. Material. Dwelling house, stealing in. 7 & 8 G.4, c. 29, Drowning. the parish aforesaid, in the county aforesaid, and that the Evidence. It is incumbent in this place to prove the breaking and entering B.'s house by the prisoner, and it must appear, that the house was situate as described in the indictment, that it was within the curtilage of the dwelling, but that it had no communication with the dwelling house, according to the allegation respecting it. You must then prove the larceny of the goods, and the ownership of them, as mentioned in the indictment. The proofs as to the breaking and entering, and the larceny, are frequently of a circumstantial nature. The prisoner may be convicted of the larceny in default of bringing home to him the breaking and entry. DROWNING. 1 Embezzlement. See tit. SHOOTING. EMBEZZLEMENT. Embezzlement by Clerks, Servants, and Agents, are stated Estreats.- 7 Geo. 4, c. 64. Recognizances in certain cases not to be estreated without a judge's order. ESTREATS.-RECOGNIZANCES. CRIMINAL JUSTICE ACT. 7 Geo. 4, c. 64. Sect. XXXI. And whereas the practice of indiscriminately estreating recognizances for the appearance of persons to prosecute or give evidence, or to answer for a common assault * The owner of the goods, 7 Geo. 4, c. 64. or in the other cases hereinafter specified, has been found in Estreats.many instances productive of hardship to persons who have Recognizances, entered into the same; be it therefore enacted, That in every case where any person bound by recognizance for his or her appearance, or for whose appearance any other person shall be so bound to prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault, or to articles of the peace, or to abide an order in bastardy, shall therein make default, the officer of the court by whom the estreats are made out shall and is hereby required to prepare a list in writing, specifying the name of every person so making default, and the nature of the offence in respect of which every such person, or his or her surety, was so bound, together with the residence, trade, profession or calling of every such person and surety, and shall in such list distinguish the principals from the sureties, and shall state the cause, if known, why each such person has not appeared, and whether by reason of the nonappearance of such person the ends of justice have been defeated or delayed; and every such officer shall and is hereby required, before any such recognizance shall be estreated, to lay such list, if at a court of oyer and terminer or gaol delivery in any county besides Middlesex and London, or at a court of great sessions, or at one of the superior courts of the counties palatine, before one of the justices of those courts respectively; if at a court wherein a recorder or other corporate officer is the judge or one of the judges, before such recorder or other corporate officer; and if at a session of the peace, before the chairman or two other justices of the peace who shall have attended such court, who are respectively authorized and required to examine such list, and to make such order touching the estreating or putting in process of any such recognizance as shall appear to them respectively to be just: and it shall not be lawful for the officer of any court to estreat or put in process any such recognizance without the written order of the justice, recorder, corporate officer, chairman or justices of the peace before whom respectively such list shall have been laid. Estreats. Note. Those who are aware of the painful difficulties Recognizances. which await estreated recognitors in the Court of Exchequer, will be gratified with this salutary relaxation of severity, it 7 Geo. 4, c. 64. being quite clear that justice will still be effected to the fullest. Evidence. 9 Geo. 4, c. 32. EVIDENCE. 9 Geo. 4, c. 32. An Act for amending the Law of Evidence in certain Cases. Sect. I. Whereas it is expedient that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil; and that, in prosecutions for forgery, the party interested should be rendered a competent witness: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the Quakers or Mo- same, That every Quaker or Moravian who shall be required ravians required to give evidence in any case whatsoever, criminal or civil, to give evidence, shall, instead of taking an oath in the usual form, be permit may, instead of an oath, make ted to make his or her solemn affirmation or declaration in the their solemn affirmation, which shall be of the same effect in all cases, civil or criminal. words following; that is to say, “I A. B. do solemnly, sincerely, and truly declare and affirm;" which said affirmation or declaration shall be of the same force and effect in all courts of justice, and other places where by law an oath is required, as if such Quaker or Moravian had taken an oath in the usual form; and if any person making such affirmation or declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which if the same had been sworn in the usual form would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties and forfeitures to which persons convicted of wilful and corrupt perjury are or shall be subject. Note.-Here are, I. The persons relieved by the statute, namely, Quakers and Moravians. II. The form of the Quaker's affirmation, and of the Mo- Evidence. tion are to have the force of an oath in criminal 9 Geo. 4, c. 32. and civil courts. III. The making of a false affirmation or declaration, which is declared to be perjury. The affirmation and declaration were admissible in civil cases before the passing of the statute, but not in criminal. Sect. II. And be it enacted, That on any prosecution by The party whose indictment or information, either at common law, or by virtue name is forged of any statute, against any person, for forging any deed, shall be a competent witness writing, instrument or other matter whatsoever; or for utter- in prosecutions ing or disposing of any deed, writing, instrument or other for forgery. matter whatsoever, knowing the same to be forged; or for being accessory before or after the fact to any such offence, if the same be a felony; or for aiding, abetting or counselling the commission of any such offence, if the same be a misdemeanor; no person shall be deemed to be an incompetent witness in support of any such prosecution, by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument or other matter. Note. Here is a full enactment that a party shall be competent to be a witness in criminal courts in cases of forgery, although he be interested in the instrument forged. The Act embraces-→→ Indictments, or informations, by common law or statute. Principals and accessories. Aiders, abettors, and counsellors. See post, tit. PARDON, 9 Geo. 4, c. 32, s. 3. 9 Geo. 4, c. 32. 9 Geo. 4, c. 32. Sect. IV. And whereas there are certain misdemeanors No misdemeawhich render the parties convicted thereof incompetent wit- nor (except nesses, and it is expedient to restore the competency of such parties after they have undergone their punishment; be it perjury) shall render a party an incompetent therefore enacted, That where any offender hath been or shall witness after he be convicted of any such misdemeanor, (except perjury or has undergone the punishment E 6 |
