Guilty knowledge.

Guilty intent.

Uttering counterfeit coin.

of facts necessary to make out the case, both felonies being parts of one transaction, the subject matter of the other indictment may be given in evidence without abandoning such other indictment. Salisbury, 5 C. & P. 155. Patteson, J.

R. v.

But in a previous case tried before the same learned judge, where the prisoners were indicted under 9 G. 4. c. 69. for being armed upon lands for the purpose of taking game, upon the occasion in question, an affray took place between the prisoners and some gamekeepers, during which one of the game keepers lost his coat, which was afterwards found in the house of one of the prisoners. An objection was taken to the reception of the evidence, there being a separate indictment for stealing the coat, and the learned judge refused to receive the evidence, unless the prosecutor would consent to an acquittal on the indictment for larceny. R. v. Westwood and others, 4 C. & P. 547. Patteson, J.

Page 463. § 5.-Upon an indictment for receiving stolen goods, evidence may be given of other stolen goods of the prosecutor's having been found in the possession of the prisoners for the purpose of proving their guilty knowledge. R. v. Davis and another, 6 C. & P. 177. Gurney, B.

Page 463. § 6.—So upon an indictment for robbery, it appeared that the prisoners went with a mob to the prosecutor's house, and one of the mob advised the prosecutor to give them something to get rid of them and prevent mischief, and he in consequence gave them the money which was the subject of the indictment. It was held that in order to show that this was not bona fide advice, evidence might be given of demands of money made by the same mob, and what was done by them at other places, both before and afterwards during the course of the same day, where any of the prisoners were present. R.v. Winkworth and others, 4 C. & P. 444. Parke, J. after conferring with Vaughan, B. and Alderson, J. and afterwards approved of by Lord Tenterden, C. J.

And where the prisoner had set fire to the hay ricks of O. N. & G. one immediately after the other, and there was a separate indictment for each burning, the indictment for the last burning was tried first, and evidence was admitted respecting the whole of the three cases, as constituting part of the same transaction. R. v. Charlotte Long, 6 C. & P. 179. Gurney, B., S. P. R. v. Wm. Mogg, 4 C. & P. 364. Park, J.

In a case for uttering counterfeit coin, in order to prove the guilty knowledge, the prosecutor may give evidence of the possession of other counterfeit coin, four days subsequent to the uttering. R. v. John Harrison, Lancaster Spring Assizes, 1834. Taunton J., after conferring with Alderson, J. MS.

Page 464. § 9.—If a prosecutor give in evidence a declaration made by a prisoner exculpating himself, the jury are not bound to take this to be true, merely because it is part of the prosecutor's evidence. But they ought to consider how far it is consistent with the rest of the evidence, and whether they believe it to be really true. R. v. Steptoe, O. B. S., 4 C. & P. 397.

Excise.

Page 467.

By the 2 & 3 W. 4. c. 16. s. 15. Every officer of excise who shall Officers dedeliver out or suffer to be delivered out any paper prepared, or pro- livering out false permits, vided, or appointed by the commissioners of excise to be used for &c. permits in blank, or before such permit shall be filled up and issued agreeable to and in conformity with a request note; and every officer who shall knowingly give or grant any permit to any person not entitled to receive the same, or shall knowingly give or grant any false or untrue permit, or shall make any false or untrue entry in the counterpart of any permit given or granted by him, or shall knowingly or wilfully receive or take any goods or commodities into the stock of any person or persons brought in with any false or untrue or fraudulent permit, or shall knowingly or willingly grant any permit for the removal of any goods or commodities out of or from the stock of any person or persons who shall have received or retained such goods or commodities, or any of them, under or by virtue or pretext of any false, untrue, forged, or fraudulent permit, or shall knowingly or willingly give any false credit in the stock of any person or persons beyond the credit to which such stock is justly and truly entitled, as to enable such person or persons falsely and fraudulently to obtain a permit or permits; or if any such officer shall knowingly or willingly suffer the same to be done directly or indirectly, every officer so offend

ing in any of the cases aforesaid shall be guilty of a misdemeanor; Misdemeanor and, on conviction, shall be punished with fine and imprisonment, or punishment. fine, or imprisonment; and shall, from thenceforth, be incapable of holding any office or place relating to any of the revenues of the

United Kingdom.

See the 4 & 5 W. 4. c. 51., for amending 7 & 8 G. 4. C. 53. re

lating to the collection and management of excise duties.

See ante, page 1442, and Forgery, III. 2. F. (b) post, p. 1615.

Excommunication.

Page 470. § 4.-A party in the custody of the marshal of the De contumace Marshalsea, being brought into court, may be charged with a writ de capiendo. contumace capiendo, under the provisions of the 53 G. 3. c. 127. R. v. Bailey, 9 B. & C. 67.

Execution.

Page 471.

In order to have execution done upon the bodies of prisoners convicted of murder, the court of King's Bench will, as of course, upon the application of the attorney general, grant a writ of habeas

corpus to bring up the prisoners, and also a certiorari to remove the record of the conviction and judgment. R. v. Garside and Mosley, 2 A. & E. 266., and see the authorities there cited.

And in that case the court awarded execution to be done upon the prisoners by the marshal of the marshalsea, and that the sheriff of the county of Surrey should assist the marshal in doing the execution. Id.

And in the same case the court refused to hear an application from the sheriff of Middlesex, (into whose custody the prisoners had been removed,) praying that the order to do execution might not be made upon him. Id.

What amounts to.

Regulations as to hours of

holding.

Extortion.

Page 474. § 4.

Where a collector of the post-horse duty demanded of A. a sum of money, alleging that A. had let out horses for hire, without payment of the duty, which A. denied; but, being threatened

by the defendant with an Exchequer process, he gave him a pro

missory note for 51., which was afterwards paid to the defendant, and the proceeds handed over by him to his principal, the farmer of the post-horse duties; under these circumstances, it was held by Vaughan, B. that the taking of the note by the defendant, and the receipt of the amount when due either as a mitigated penalty or otherwise without a return made, and without authority from any magistrate, or other person intervening,-amounted in law to extortion; and the defendant was accordingly found guilty. R. v. Higgins, 4 C. & P. 247. Vaughan, B.

Fairs.

Page 476.

1. By 3 & 4 W. 4. c. 19. s. 22. at all fairs held within ten miles of Temple Bar, all business and amusements shall cease at eleven in the evening, and not recommence earlier than six in the morning; and that if any house, shop, room, booth, standing, tent, caravan, waggon, or other place, shall during the fair be open within the prohibited hours, for any purpose of business or amusement, in the place where the fair shall be held, or within three hundred yards thereof, any constable or peace officer, within his jurisdiction, may take into custody the master, or mistress, or other person having the care, government, or management of any such house, or other place; and also every person being therein, and who shall not quit the same forthwith upon being bidden so to do, and convey such person before a justice of the peace, who shall hear the complaint in a summary way. And every person convicted as the master, &c. of the place, shall forfeit 57., and every one convicted, as having been therein, and not having quitted the same forthwith upon being bidden by a constable to do so, shall forfeit 40s.;—

and in default of payment, in either case, the offender may be committed to hard labour for not more than three months, nor less than six days, unless the penalty is sooner paid.

fairs.

2. By the same section it is provided, that if there shall appear to Proceedings any two justices reason to believe that any such fair has been held for putting without charter, prescription, or other lawful authority, or that any con down illegal lawful fair has been usually held for a longer period than is warranted by law; they may summon the owner or occupier of the ground upon which such fair is usually held, to appear before a petty sessions not less than eight days after the service of the summons, to shew his right and title to hold such fair, or to hold the same beyond a given period (as the case may be); and in default of his attendance, or not shewing sufficient cause, the justices shall declare in writing such fair to be unlawful, either altogether, or beyond a stated period (as the case may be), and shall give notice of such declaration, by affixing copies thereof on the parish church, and on the most public places in and near the ground where the fair has been usually held. And if, after such notices shall have been affixed for six days, any attempt shall be made to hold the fair, or to hold it beyond the prescribed period, any justice may by his warrant direct any constable or other peace officer to remove every booth, carriage, &c. upon such ground, for the purpose of such fair, and to take into custody every person erecting or assisting to do so, any booth, &c. or driving, &c. in such carriage, or resorting to such ground with any exhibitions, &c. and to carry every person so taken before the justice granting the warrant, or some other justice, who shall hear the complaint in a summary way. And every person convicted of any such offence shall forfeit not more than 107., and in default of payment, be committed to hard labour not exceeding three months, unless the penalty is sooner paid.

ranto.

3. But by the same section it is also provided, that if the owner or Proviso as to occupier of the ground, when summoned before the petty sessions, trying the right shall enter into a recognizance in 2007., to appear in the Court of by quo warKing's Bench on the first day of the then next term, and to answer to any information in the nature of a quo warranto, by the Attorney or Solicitor-General, touching the right and title to hold such fair, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court; then, the justices shall forbear from giving such notice, &c. until judgment shall be given by the said Court against the right and title to such fair;-the justices to transmit recognizance to the secretary of state, to be filed in the said Court, and that such further directions may be given thereon as the secretary of state may think fit.

False Personation.

Page 476.

By sect. 19. of the 2 & 3 W. 4. c. 59., (relating to life annuities Nominees of granted by the commissioners for the reduction of the national debt,) life annuities. if any person shall wilfully, falsely and deceitfully personate any true and real nominee and nominees with intent to defraud his Majesty or any person or persons whomsoever, he shall be guilty of felony and suffer death.

False perso

ficer or soldier.

By sect. 49. of the 2 & 3 W. 4. c. 53., (relating to the payment nating any of of army prize money,) if any person shall knowingly and willingly personate or falsely assume the name or character, or procure any other person to personate or falsely assume the name or character of any officer, non-commissioned officer, soldier, or other person entitled or supposed to be entitled to any prize money, grant, bounty money, share, or other allowance of money due or payable or supposed to be due or payable for or on account of any service performed or supposed to have been performed by any officer, non-commissioned officer, soldier, or other person who shall have really served or be supposed to have served in his Majesty's army or in any other military service, or shall personate or falsely assume, or act, aid, or assist in personating or falsely assuming the name or character, or procure any other person to personate or falsely assume the name or character of the executor or administrator, wife, widow, next of kin, relation, or creditor of any such officer, non-commissioned officer, soldier, or other person as aforesaid, in order to receive or to enable any other person to receive any prize money, grant, bounty money, share, or other allowance of money due or payable or supposed to be due or payable for or on account of any service performed or supposed to have been performed by any such officer, non-commissioned officer, soldier, or other person as aforesaid, with intention to defraud any person or persons whatsoever, or any body or bodies politic or corporate; every person so offending shall be guilty of felony, and shall be transported for life or not less than seven years.

Felony.

Punishment.

Accessory be

fore the fact.

Not triable.

Repeal of 22

& 23 Car. 2. c. 22.

Felo de se.

Page 478.

If a woman takes poison with intent to procure miscarriage, and dies of it, she is guilty of self-murder, whether she was quick with child or not, and the person who furnished her with the poison for that purpose will, if absent when she took it, be an accessory before the fact only. R. v. Henry Russell, R. & M. C. C. 356.

An accessory before the fact to the crime of self-murder was not triable at common law, because the principal could not be tried, and he is not now triable under 7 & 8 G. 4. c. 64. s. 9. Ib. Vide title Accessory, ante, page 1486.

Fine.

Page 483.

By the 3 & 4 W. 4. c. 99. s. 22. so much of the 22 & 23 Car. 2. c. 22. (made perpetual by 4 & 5 W. & M. c. 24.) as requires all fines, forfeitures, issues, amerciaments, forfeited recognizances, sum and sums of money paid in lieu and satisfaction of them or any of them in the courts of king's bench, common pleas, or exchequer, or by or before any judge of assize, clerk of the market or commissioners of sewers, to be certified and estreated into the court of exchequer twice in every year, yearly at the times thereby appointed, are repealed.