59 G. 3. c. 56. of money due, or supposed to be due, for or in respect of the services of any such officer, seaman, marine, or other person as aforesaid, performed or supposed to have been performed on board any of his majesty's ships or vessels, upon or by virtue of any probate of any will or letters of administration, knowing the will on which such probate shall have been obtained to be false, forged, and counterfeited, or knowing the probate of such will, or such letters of administration, as last aforesaid, to have been obtained by means of any such false oath as aforesaid, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever, then every such person or persons so offending, and being thereof convicted according to due course of law, shall be deemed guilty of felony, and shall suffer death as a felon, without benefit of clergy." Punishment. No longer capital. By 1 W. 4. c. 66. § 1., this species of personation and forgery is no longer subject to capital punishment. See tit. Forgery. See further as to offences in fraud of or by seamen, 10 G. 4. c. 26. § 32.-1 W. 4. c. 20. § 83., and sequ., 3 & 4 W. 4. c. 52. § 3. — 4 & 5 W. 4. c. 52. § 3.; and tit. Forgery. See also tit. Seamen, in another volume. warrants. Search Warrant. [7 & 8 G. 4. c. 29.] General search ALTHOUGH it hath been usual for justices to grant general warrants to search all suspected places for stolen goods, and there is a precedent in Dalton requiring the constable to search all such suspected places as he and the party complaining shall think convenient; yet such practice is generally condemned by the best authorities. Not good. Justice cannot justify a warrant for search ing all suspected houses. S. P. Making such warrants a ju dicial act. Such warrants Thus Ld. Hale, in his Summary of Pleas of the Crown, says, a general warrant to search all places for felonies or stolen goods, is not good. Hale's Sum. 93. Mr. Hawkins says, I do not find any good authority, that a jus tice can justify sending a general warrant, to search all suspected houses in general for stolen goods: because such warrant seems to be illegal in the very face of it; for it would be extremely hard to leave it to the discretion of a common officer, to arrest what persons and search what houses he thinks fit; and if a justice cannot legally grant a blank warrant for the arrest of a single person, leaving it to the party to fill up, surely he cannot grant such a general warrant, which might have the effect of a hundred blank warrants. 2 Haw. c. 13. § 10. 17. Again, Ld. Hale, in his History of the Pleas of the Crown, expresseth himself thus: I do take it, that a general warrant to search in all suspected places is not good, but only to search in such particular places, where the party assigns before the justice his suspicion, and the probable cause thereof; for these warrants are judicial acts, and must be granted upon examination of the fact. 2 Hale, 150. And therefore I take those general warrants dormant, which not to be made are many times made before any felony committed, are not jus beforehand. tifiable, for it makes the party to be in effect the judge: and therefore searches made by pretence of such general warrants give no more power to the officer or party, than what they may do by law without them. 2 Hale, 150. mise. Likewise, upon a bare surmise, a justice cannot make a warrant House not to to break any man's house, to search for a felon, or for stolen goods; be broken open for the justices, being created by act of parliament, have no such upon bare surauthority granted to them by any act of parliament; and it would be full of inconvenience that it should be in the power of any justice of the peace, being a judge of record, upon a bare suggestion, to break the house of any person, of what state, quality, or degree soever, either in the day or night, upon such surmises. 4 Inst. 177. But in case of a complaint, and oath made of goods stolen, and that the party suspects that goods are in such house, and shews the cause of his suspicion, the justice of peace may grant a warrant to search in those suspected places mentioned in his warrant, and to attach the goods, and the party in whose custody they are found, and bring them before him, or some other justice of peace, to give an account how he came by them, and farther to abide such order as the law shall appertain. Vide Dalt. c. 169. p. 403. 2 Hale, 113. 150. Aliter in case of complaint on oath, and cause of suspicion Ld. Hale says, it is fit that these warrants to search do express Form of search that search be made in the day-time; and though I will not say warrant. that they are unlawful without such restriction, yet they are very inconvenient without it; for many times, under pretence of searches made in the night, robberies and burglaries have been committed; and at best it creates great disturbances. 2 Hale, 150. But in case not of probable suspicion only, but of positive May be in the proof thereof, it is right to execute the warrant in the night-time, night, in case lest the offenders and goods also be gone before morning. Barl. of positive Search War. proof. Furthermore, such warrant ought to be directed to constables, Warrant to be or other public officer, and not to any private person; though it directed to the is fit the party complaining should be present and assistant, because he knows his goods. 2 Hale, 150. As to power of constables to act in any place within the jurisdiction of the justices who grant the warrant, see stat. 5 G. 4. c. 18. § 6. tit. Arrest, § 3. constable. Power to search for stolen goods under the Lar ceny act. By stat. 7 & 8 G. 4. c. 29. § 63., if any credible witness shall 7 & 8 G.4. c.29. prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any such (a) offence shall have been committed, the justice may grant a warrant to search for such property, as in the case of stolen goods. And any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorised, and, if in his power, is required to apprehend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law. (a) Any offence punishable upon indictment or summary conviction by virtue of that act. See tit. Larceny, § XI. Execution. To enter, the doors being open. The doors being shut. Whether the goods are found Return of the warrant. Goods how to This has much extended the authority of the magistrate in granting search warrants. So much for granting a search warrant; next, touching the execution of it. Whether the stolen goods are in a suspected house or not, the officer and his assistants in the daytime may enter, the doors being open, to make search, and it is justifiable by the warrant. 2 Hale, 151. If the door be shut, and upon demand it be refused to be opened by them within, if the stolen goods be in the house, the officer may break open the door. 2 Hale, 151. If the goods be not in the house, yet it seems the officer is excused that breaks open the door to search, because he searched by warrant, and could not know whether the goods were there till search made: but it seems that the party that made the suggestion is punishable in such case; for, as to him, the breaking of the door is in eventû lawful or unlawful; to wit, lawful if the goods are there; unlawful, if not there. 2 Hale, 151.; acc. 11 St. Tr. 321. fol. edit. On the return of the warrant executed, the justice hath these things to do. As touching the goods brought before him, if it appears they be disposed of. were not stolen, they are to be restored to the possessor; if it appear they were stolen, they are not to be delivered to the proprietor, but deposited in the hand of the sheriff or constable, to the end the party robbed may proceed, by indicting and convicting the offender, to have restitution. 2 Hale, 151. Party how to be disposed of. Taking other articles than those men warrant. As touching the party that had the custody of the goods; if they were not stolen, then he is to be discharged; if stolen, but not by him, but by another that sold or delivered them to him, if it appear that he was ignorant that they were stolen, he may be discharged as an offender, and bound over to give evidence as a witness against him that sold them; if it appear he was knowing they were stolen, he must be committed or bound over to answer the felony. 2 Hale, 152. In an action of trespass it appeared that a constable and others (defendants) had gone with a search warrant, granted by a magistioned in search trate, directing them to search the plaintiff's house for a certain quantity of cotton copps or thread, which had been stolen from one of defendants, and which were found and carried away in their packing cases, but they also brought away certain other articles which were not specified in the warrant; and per Abbott C. J., as these latter were neither mentioned in the warrant, nor likely to furnish evidence with respect to the articles stolen which were mentioned, the taking of them could not be justified. Crozier v. Cundey and others, 6 B. & C. 232. Officer may take back his Where an excise officer had gone with a warrant to search the house of defendant a publican, for an illegal still; and defendant search warrant having asked to see the warrant, refused to return it; on which a scuffle ensued; it was ruled by Lord Tenterden C. J., that defendant having no right to keep the warrant, the officers had a right to take it from him, and even to coerce his person to get it, provided they used no more violence than was necessary. R. v. Milton, Tr. T. 1827, 3 Car. & P. 31. from a person who detains it illegally, using no more force than necessary. WHEREAS it appears to me J. P. esquire, one of the justices of have, said, yeoman, that the following goods, to wit, of day of in the For Form of Information to obtain a Search Warrant for stolen Goods, see antè, tit. Larceny, p. 492. Seditious Meetings. See Riot, Rout, &c. antè. HOW far the master is allowed to beat his servant : and how far the master may beat another person in defence of his servant, or the servant in defence of his master, see tit. Assault, § III. Of servants firing houses, see tit. Burning, § II. Of servants stealing their masters' property, see tit. Larceny, p. 422. By 7 & 8 G. 4. c. 29. § 46., if any clerk or servant shall steal any 7&8 G. 4. c.29. Punishment of chattel, money, or valuable security belonging to or in the possesservants &c. sion or power of his master, every such offender, being convicted stealing his thereof, shall be liable, at the discretion of the court, to be trans- master's proported beyond the seas, for any term not exceeding fourteen perty. years, nor less than seven years, or to be imprisoned for any term not exceeding three years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment. Of embezzlements by servants, &c., see tit. Larceny, p. 426. Sessions of the Peace. I. Of the Time and Place of holding Sessions. [36 E. 3. c. 12.— 12 R. 2. c. 10. — 2 H. 5. st. 1. c. 4.— 14 H. 6. c. 4. - 1 & 2 G. 4. c. 63.-1 W. 4. 4 & 5 W. 4. c. 47.] c. 70. II. Of the Mode of appointing Sessions; and who must IV. Of the Powers and Duties of the Sessions generally. Of their Judgments. Of their stating a Special Case. Of Costs. [8 & 9 W. 3. c. 30.] V. Of Adjournment, Fees, and Estreats. [12 R. 2. c. 10.-14 R. 2. c. 11.] VI. Of Local Jurisdictions. [15 G. 2. c. 24. 38 G. 3. c. 52. 51 G. 3. c. 100. 60 G. 3. & 1 G. 4. c. 14.4 & 5 W. 4. c. 27.] VII. Of the Central Criminal Court. [4 & 5 W. 4. c. 36.] Sessions, what. THE session of the peace is a court of record, holden before two or more justices, whereof one is of the quorum, for execution of the authority given them by the commission of the peace, and certain statutes and acts of parliament. Dalt. c. 185. p. 456. Cro. Cir. C. 13. Two justices must be pre sent. So, for an adjournment. The king may grant a commission for a district exclusively. It is a meeting of justices for the execution of their general authority. Lamb. 379. The sessions cannot be held without the presence of two justices. 1 Blac. Com. 354. (n.) If there are not justices enough to hold a sessions, there are not enough to adjourn it legally, and every act done after such an adjournment is void R. v. Westrington, 2 Bott, 733., 2 Nol. P.L. 437. 3d edit. The king may grant commissions of the peace not only for the whole county, but for any particular district within it, exclusive of the jurisdiction of the justices of the county at large; but the latter can only be effected by a non-intromittant clause, prohibiting the county justices from interfering in that district. R. v. Sainsbury, esq. and another, 4 T. R. 456. |