tering. Rex v. Smith, 2 C. & P. 633-Vaughan. 66 66 "tody or possession, or shall knowingly and wilfully have any such On an indictment for uttering matter in the actual custody or forged Polish notes, conversations "possession of any other person, or with the prisoners respecting the "shall knowingly and wilfully forgery and circulation of forged "have any such matter in any Austrian notes are admissible to "dwelling-house or other building, prove the scienter. Rex v. Harris," lodging, apartment, field or other 7 C. & P. 429--Williams. 66 66 place, open or inclosed, whether belonging to or occupied by him On an indictment for engraving or uttering notes of a foreign prince, self or not, and whether such evidence of a recent engraving or Imatter shall be so had for his uttering notes of another foreign own use or for the use or benefit prince is admissible, in proof of a" of another, every such person guilty knowledge. Rex v. Balls, 1" shall be deemed and taken to M. C. C. 470. "have such matter in his custody In a prosecution for forging and" or possession within the meaning uttering a receipt, knowing it to be" of this act.” forged, it was proposed to give in evidence other acts of forgery by the prisoner, against the same prosecutor, as evidence of guilty knowledge, on the count for uttering. It was objected that they could only be given in evidence if they were forgeries, and there was no evidence of that without first asking the jury to find them so, which was not the issue they had to try -Held, that the whole evidence must be confined to the document they were proceeding upon, without at all trenching upon the rules as to uttering in other cases. Reg. v. Moore, 1 F. & F. 73-Byles and Martin. Where, on an indictment on 45 Geo. 3, c. 89, s. 6, for knowingly and wittingly having in his possession forged Bank of England notes, it appeared that the prisoner, being suspected of having such in his possession, was requested by A. to sell him some, which he said he would do, and A. accordingly paid him for them; the prisoner then went out as he said to fetch the notes, but on his return said, " he had put them in an old shoe in a particular place," which he described; A. then went to look for the notes, and the prisoner followed him, but whilst A. was looking for them, the prisoner threw a stone into the place, and said there they are; A., on looking there, found the notes. in an old shoe-Held, that the prisoner had a sufficient possession within the meaning of the statute. Rex v. Rowley, R. & R. C. C. 110. A. took a bank-note in the course of his business, which he paid to B.; the note was afterwards stopped at the bank as a forged note, and was brought by an inspector to A., who immediately paid to B. the amount of the note, and refused to give it up to the inspector, insisting on his right to retain it, in order to recover the amount from the person from whom he had received it. The inspector, in the absence of all circumstances of suspicion, is er, who has examined the paper not justified in charging A. before with a mirror, and traced the pena magistrate with feloniously hav-cil marks, is admissible on the part ing the note in his possession, know- of the prosecution. Reg. v. Wil ing it to be forged, for the purpose liams, 8 C. & P. 434-Parke. of compelling him to give up the note. By possession under the 45 Geo. 3, c. 89, was meant the original possession of a note acquired in an illegal mode, and not a subsequent possession, like the above, where the original possession was legal. Brooks v. Warwick, 2 Stark. 389– Ellenborough. 66 66 66 12. Witnesses. By 9 Geo. 4, c. 32, s. 11, on any prosecution by indictment or "information, either at common "law or by virtue of any statute, "against any person for forging "any deed, writing, instrument or "other matter whatsoever, or for "uttering or disposing of any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged, or for being accessory before or after the fact 66 to any such offence, if the same "be a felony, or for aiding, abet"ting or counselling the commis"sion of any such offence, if the 66 same be a misdemeanor, no person "shall be deemed to be an incompe "tent 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 "any such deed, writing, instru"ment or other matter." On an indictment for uttering a forged cheque in the name of J. W., on Messrs. C. G. & Co., who were army agents and bankers, evidence by a clerk in the former department that he did not know any customer named J. W., and that he had been told by the other clerks that there was not any such customer in the banking department, is sufficient on the part of the prosecution to call upon the prisoner to shew that there was in fact such a person as J. W. having an account with Messrs. C. G. & Co., and in the absence of such proof, is sufficient by itself for the jury. Rex v. Brannan, 6 C. & P. 326-Park, Patteson and Gurney. 13. Power to seize Forged Instruments and Implements. (24 & 25 Vict. c. 98, s. 46.) 14. Punishment. (24 & 25 Vict. c. 98, ss. 47, 48.) 15. Costs of Prosecution. By 24 & 25 Vict. c. 98, s. 54, "the court before which any indict"able misdemeanor against this act "shall be prosecuted or tried may "allow the cost of the prosecution "in the same manner as in cases of 66 To prove the forging of a bank-"felony; and every order for the note, it is not necessary that the signing clerk at the bank should be produced, if witnesses acquainted with his handwriting state that the signature to the note is not in his handwriting. Anon., R. & R. C. C. 378. On an indictment for uttering a forged will, which, together with writings in support of it, was suggested to have been written over pencil marks which had been rubbed out, the evidence of an engrav payment of such costs shall be "made out, and the sum of money "mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony." 66 XVIII. GOVERNMENT STORES. See the Naval and Victualling Stores Act, 1862, 25 & 26 Vict. c. 64, which repeals sections 1, 2, 4, & 5 of 9 & 10 Will. 3, c. 41; 9 Geo. | er. One became possessed, on the death of her husband, of canvass stores, which had been purchased by him in his lifetime, at a public sale, and had been many years made up into household furniture, but no evidence was given of any certificate of such sale being lawful, as required by 9 & 10 Will. 3, c. 41, or of any excuse allowed by the act; yet the possession being, by act of law, without fraud:-Held, not within the penalty of the statute. Anon.; 2 East, P. C. 765. He was indicted under 9 & 10 Will. 3, c. 41, s. 2, for having naval stores in his custody, possession and keeping, and convicted :-Held, that the evidence was sufficient to support the conviction. Reg. v. Sunley, Bell, C. C. 145; 5 Jur., N. S. 551; 7 W. R. 418; 33 L. T. 154; 8 Cox, C. C. 179. A. was indicted, under 9 & 10 Will. 3, c. 41, s. 2, for having been found in possession of naval stores marked with the broad arrow. It was proved that he delivered to the captain of a coasting vessel a cask containing copper bolts, a portion of which was marked with the broad arrow. The cask was seized by the police before the vessel sailed. In answer to questions put to the An indictment under 39 & 40 jury, they found that A., was in the Geo. 3, c. 89, alleged that A., on possession of the copper bolts; that the 19th day of May, 1842, not they had not sufficient evidence bebeing a contractor, had in his pos- fore them to shew that he knew session naval stores:--Held, that that the copper, or any part of it, the date given applied to the alle- was marked with the broad arrow; gation that A. was not a contractor, and that he had reasonable means as well as to the allegation that he of knowing that it was so marked: had possession of the stores, and-Held, that upon this finding of therefore that it was sufficiently the jury he was entitled to an acaverred that he was not a contract- quittal, as it must be taken that he or at the time of such possession. did not know that the copper was Silversides v. Reg. (in error), 2 G. & marked. Reg. v. Sleep, L. & C. D. 617; 3 Q. B. 406; 6 Jur. 805.44; 8 Cox, C. C. 472; 7 Jur., N. Bags marked M. were forwarded | S. 979; 30 L. J., M. C. 170; 9 W. from Portsmouth to London by rail- R. 709; 4 L. T., N. S. 525. way, and were deposited in the goods Held, that the conviction was aldepartment of the railway company so wrong, upon the ground that the in London. The prisoner, a marine copper was not found in his possesstore dealer in Portsmouth, wrote sion. Ib. and telegraphed to G., an officer of the company, to deliver the bags to E. The bags, on being opened, were found to contain naval stores marked with the broad arrow. The bags had been delivered at the Portsmouth station by two women, but there was no evidence to connect them with the prisoner. Bags marked E. had previously been forwarded by the company to their goods department in London, and delivered to E. in accordance with directions received from the prison An indictment framed under 9 & 10 Will. 3, c. 41, and 55 Geo. 3, c. 127, and charging that the prisoners received, and had in their possession, certain government stores, will not be supported by evidence which merely shews that they were dealing with the cases in which the stores were placed--in the absence of evidence to shew that they knew the government mark was on the stores. Reg. v. O'Brien, 15 L. T., N. S. 419--Smith. The bare possession of marked naval stores does not render a per- 1. Illegal making, use and employson liable to be convicted under 9 66 ment. & 10 Will. 3, c. 41, if he was igno- By 24 & 25 Vict. c. 97, s. 54, rant that the stores are so marked." whosoever shall make or manuReg. v. Willmett, 3 Cox, C. C. 281"facture, or knowingly have in his -Coltman. possession, any gunpowder, or A defendant charged with the "other explosive substance, or any possession of two lots of marked "dangerous or noxious thing, or any naval stores produced at his trial "machine, engine, instrument or two certificates in respect of the " thing, with intent thereby or by different lots, signed respectively by means thereof to commit, or for the commodore superintendent of "the purpose of enabling any other the Woolwich Dockyard, and the " person to commit, any of the felsecretary of the board of ordnance,"onies in this act mentioned, shall the former having been granted to "be guilty of a misdemeanor, and, the person of whom the defendant " 'being convicted thereof, shall be purchased, the latter to the defend-"liable, at the discretion of the ant himself:-Held, that these cer-" court, to be imprisoned for any tificates, though not strictly in ac-"term not exceeding two years, cordance with 9 & 10 Will. 3, c. "with or without hard labour, and 41, ss. 2, 4, were nevertheless an answer to the charge. Ib. "with or without solitary confine ment, and, if a male under the age "of sixteen years, with or without "whipping." (Former provision, 9 & 10 Vict. c. 25, s. 8.) By s. 55, "any justice of the "peace of any county or place in "which any machine, engine, implement or thing, or any gunpow 66 66 On an indictment charging the defendant with being in possession of naval stores marked with the broad arrow, it is necessary to shew not only that he was possessed of the articles, but also that he knew they were marked with the broad arrow. 66 Reg. v. Cohen, 8 Cox, C. C. 41-"der or other explosive, dangerous Watson and Hill. or noxious substance, is suspected The fraudulently charging, by a "to be made, kept or carried for purser, of stores which were never the purpose of being used in comissued, and the making of false en- mitting any of the felonies in this tries in the ship's books to cover act mentioned, upon reasonable such charges, is an offence punish- " cause assigned upon oath by any able "according to the laws and “ person, may issue a warrant under customs in such cases used at sea,' "his hand and seal for searching in as amounting under 22 Geo. 2, c. "the daytime any house, mill, mag33, s. 36, to "a crime not capital, "azine, storehouse, warehouse, shop, committed by a person in the fleet" cellar, yard, wharf, or other place, not before mentioned in this act, 66 or any carriage, waggon, cart, ship, and for which no punishment is "boat or vessel, in which the same thereby directed to be inflicted." "is suspected to be made, kept or Mann v. Owen, 4 M. & R. 449 ; 9 B." carried for such purpose as herein& C. 595. XIX. GUNPOWDER. 1. Illegal Making, Use and Employ- 66 "before mentioned; and every per- 2. Intent to murder by-See MUR-"engine, implement and thing, and 3. Inflicting Injuries by-See MUR DER. "all such gunpowder, explosive, dangerous or noxious substances "found upon such search, which "he shall have good cause to suspect to be intended to be used in "committing any such offence, and "the barrels, packages, cases and "other receptacles in which the 66 same shall be, the same powers "and protections which are given "to persons searching for unlawful "quantities of gunpowder under "the warrant of a justice by 23 & "24 Vict. c. 139." "As to keeping combustible 66 matters on board vessels in the Thames, see 2 & 3 Vict. c. 47, s. "37." It would seem that if persons put on board a ship an unknown article of a combustible and a dangerous nature, without giving due notice of its contents, so as to enable the master to use proper precautions in the stowing of it, they are guilty of a misdemeanor. Williams v. East India Company, 3 East, 192, 201. XX. LARCENY AND RECEIVERS. (c) By a Trick or a Fraud, 240. (e) By Hirers of Property, 244. (j) In Case of Lost Property, 247. 7. In Manufactories, 267. 9. In Ships in Ports or on Navigable 10. Abroad or on the High Seas, 269. Stealing or destroying Written Instruments, 270. 11. 12. Stealing or destroying Trees, Shrubs, (b) Horse Stealing, 279. (d) Sheep Stealing, 281. Doves or Pigeons, 284. (g) Fish, 284. (h) Dogs, 286. [287. (i) Birds and other Animals, Carcases or Skins, 288. 18. The Ownership, 289. 19. Receivers of Stolen Property, 294. (d) Husband and Wife, 297. 20. Indictment for Stealing and Receiving, 298. (a) Stealing, 298. (b) Stealing and Receiving, 301. 21. Jurisdiction to try, 303. 22. Evidence, 304. 23. Punishment, 307. 24. Restitution and Recovery of Stolen Property, 307. 1. What amounts to a Taking. (a) General Principles. Statute.]-By 24 & 25 Vict. c. 69, s. 2, "every larceny, whatever "be the value of the property stol en, shall be deemed to be of the (k) Recency of Possession of as grand larceny was before the 251. (m) By Husband and Wife, 251. cannot exceed the punishment pre"scribed for simple larceny, and "also to try all accessories to such larceny." The original distinction of grand and petty larceny made it necessary, |
