A railway scrip A railway scrip certificate, signed by two of the directors, and which a receipt within states that the holder of it "having paid the deposit of 51., signed the certificate is not the act. Same. It is no offence at common law receipt unless some fraud has been actually parliamentary contract and subscribers' agreement, and agreed to pay all costs in respect thereof, is the proprietor of one share of 50l. part of the additional capital," and which states that "the share represented by this certificate will bear interest at the rate of 51. per cent." from the 1st of January, 1847, to the 1st of July, 1853, and after that share in the net profits of the company, is neither a “receipt” nor an “acquittance,” nor an "accountable_receipt," within the statute 1 Will. 4, c. 66, s. 10, and the forgery of such certificate is therefore not an offence against the statute. (Reg. v. West, 2 Car. & Kir. 496; 2 Cox's Crim. Cas. 437, fifteen judges.) A scrip certificate in a railway company is not an "accountable receipt," nor an "acquittance or receipt," within the meaning of the 11 Geo. 4 & 1 Will. 4, c. 66, s. 10, therefore the forgery of such document is not a felony but a misdemeanor only. (Clark v. Newsam and another, 1 Ex. Rep. 131.) The forgery of a railway pass to allow the bearer to pass free on a to utter a forged railway, is a forgery at common law, but the uttering of it per se is not a misdemeanor. The uttering of a forged instrument, the forgery of which is only a forgery at common law, is no offence unless some fraud was perpetrated by it. actually perpetrated by it, and where, in such a case, the indictment contained some counts for forging the instrument, and others for uttering it, and the defendant was acquitted on the counts for the forgery, and convicted on the counts for the uttering, the judgment was arrested. (Reg. v. Boult, 2 Car. & Kir. 604, Cresswell, J.) To sustain an indictment for forging a will it must appear that there is some person capable of being defrauded by it. Quære, whether upon an indict An indictment for forging a will, charged an intent to defraud a person or persons unknown. It was proved that the prisoner was the son of the deceased, whose will was forged, and although one of the witnesses stated that he had heard a rumour that the deceased had had another son by a former marriage, of whose existence, however, he knew nothing, except by report, there was no other evidence of any former marriage, or any children of such marriage. Upon a case reserved for the opinion of the judges, they held that there was not sufficient evidence of an intention to defraud any one to support a conviction. (Reg. v. Tufts and others, 3 Cox's Crim. Cas. 160.) In Reg. v. Philips, 3 Cox's Crim. Cas. 88, it was doubted whether or ment for uttering not, upon an indictment for uttering a forged acquittance not being an a forged acquit- instrument of ordinary transmission from hand to hand, previous utterings tance, not being of similar instruments by the prisoner can be given in evidence to prove description, other a guilty knowledge. Rolfe, B. held that they could; Platt, B. that they could not. (Reg v. Philips, 3 Cox's Crim. Cas. 88.) of an ordinary instances of similar utterings can be given in evidence to prove a guilty knowledge. Game. See "Evidence," ante. Hares. 11 & 12 VICT. BY the 11 & 12 Vict. c. 29, intituled “ An Act to enable Persons having a c. 29. right to kill Hares in England and Wales, to do so by themselves or Persons authorized by them, without being required to take out a Game Certificate," (passed the 22nd July, 1848), after reciting that "by an act passed in the forty-eighth year of the reign of King George the Third, intituled 'An Act for repealing the Duties of Assessed Taxes, and granting_new Duties in lieu thereof, and certain additional Duties to be consolidated therewith, and also for repealing the Stamp Duties on Game Certificates, and granting new Duties in lieu thereof, to be placed under the Management of the Commissioners for the Affairs of Taxes,' and that by an act passed 48 Geo. 3, c. 55. 6 c. 29. 52 Geo. 3, c. 93. in the fifty-second year of the reign of the said King George the Third, 11 & 12 VICT. intituled An Act for granting to His Majesty certain new and additional Duties of Assessed Taxes, and for consolidating the same with the former Duties of Assessed Taxes,' and that by an act passed in the third year of the reign of Her present Majesty, intituled 'An Act for granting to 3 & 4 Vict. c. 17. Her Majesty Duties of Customs, Excise, and Assessed Taxes,' certain duties of assessed taxes were granted to Her Majesty the Queen upon, amongst other things, every person who shall use any dog, gun, net, or other engine for the purpose of taking or killing any game whatever, or shall assist in any manner in the taking or killing of any game: and that by divers laws now in force penalties are imposed on all persons taking or killing, or assisting in the taking or killing of, amongst other things, any game whatever, who shall not have obtained a certificate of the due payment of such duties: and that it has been found that much damage has been and is continually done by hares to the produce of enclosed lands, and that great losses have thereby accrued and do accrue to the occupiers of such lands; and that it is expedient that persons in the actual occupation of such enclosed lands, or the owners thereof, who have the right of killing game thereon, should be allowed to take, kill, and destroy hares thereon, without the payment of the said duties of assessed taxes, and without the incurring of any of the penalties above mentioned it is therefore enacted, that from and after the passing of Persons in the this act it shall be lawful for any person, being in the actual occupation occupation of of any inclosed lands, or for any owner thereof who has the right of and in certain killing game thereon, by himself or by any person directed or authorized cases owners, by him in writing, according to the form in the schedule to this act without a game annexed, or to the like effect, so to do, to take, kill, or destroy any hare certificate." then being in or upon any such inclosed lands, without the payment of any such duties of assessed taxes as aforesaid, and without the obtaining of an annual game certificate." inclosed ground, may kill hares hares to be petty sessions Sect. 2. "Provided always, that no owner or occupier of land as Authority to kill aforesaid shall be authorized to grant or continue, under the provisions limited to one of this act, authority to more than one person, at one and the same time, person at the to kill hares upon his land within any one parish; and that he shall same time in any one parish; deliver the said authority, or a copy thereof, or cause the same to be which authority delivered, to the clerk of the magistrates acting for the petty sessions shall be sent to division within which the said lands are situate, who shall forthwith the clerk of the register the same, and the date of such registration, in a book to be kept who shall register by him for such purpose, which book shall be at all reasonable times the same. open to the inspection of the clerk of the commissioners acting in the execution of the acts for assessed taxes or of any of the collectors of assessed taxes within such district; and the said authority, so soon as it shall have been registered as aforesaid, shall be held good until after the first day of February in the year following that within which the same is granted, unless the same be previously revoked, and notice of If authority such revocation be given to the clerk of the magistrates as aforesaid; and revoked notice the said registered authority, or the unrevoked register thereof, shall be the same. good and sufficient evidence of the right of the person to whom authority is given by the same to kill hares upon the lands mentioned within the same without having obtained an annual game certificate." to be given of Sect. 3. "That no person so directed or authorized to kill any hare Persons not to as aforesaid shall, unless otherwise chargeable, be liable to any duties of be liable to tax assessed taxes as gamekeeper.' on gamekeepers. coursing or Sect. 4. "That from and after the passing of this act it shall be lawful To extend to for any person to pursue and kill or join in the pursuit and killing of any hunting. hare by coursing with greyhounds, or by hunting with beagles or other hounds, without having obtained an annual game certificate." poison. Sect. 5. "Provided also, that nothing herein contained shall extend or Not to authorize be taken or construed to extend to the making it lawful for any person, the laying of with intent to destroy or injure any hares or other game, to put or cause to be put any poison or poisonous ingredient on any ground, whether P A railway scrip certificate is not A railway scrip certificate, signed by two of the directors, and which a receipt within states that the holder of it "having paid the deposit of 57., signed the the act. Same. It is no offence at common law some fraud has been actually 66 66 parliamentary contract and subscribers' agreement, and agreed to pay all costs in respect thereof, is the proprietor of one share of 50l. part of the additional capital," and which states that "the share represented by this certificate will bear interest at the rate of 51. per cent." from the 1st of January, 1847, to the 1st of July, 1853, and after that share in the net profits of the company, is neither a receipt" nor an acquittance," nor an accountable receipt," within the statute 1 Will. 4, c. 66, s. 10, and the forgery of such certificate is therefore not an offence against the statute. (Reg. v. West, 2 Car. & Kir. 496; 2 Cox's Crim. Cas. 437, fifteen judges.) A scrip certificate in a railway company is not an accountable receipt," nor an acquittance or receipt," within the meaning of the 11 Geo. 4 & 1 Will. 4, c. 66, s. 10, therefore the forgery of such document is not a felony but a misdemeanor only. (Clark v. Newsam and another, 1 Ex. Rep. 131.) 66 66 The forgery of a railway pass to allow the bearer to pass free on a to utter a forged railway, is a forgery at common law, but the uttering of it per se is not a receipt unless misdemeanor. The uttering of a forged instrument, the forgery of which is only a forgery at common law, is no offence unless some fraud was perpetrated by it. actually perpetrated by it, and where, in such a case, the indictment contained some counts for forging the instrument, and others for uttering it, and the defendant was acquitted on the counts for the forgery, and convicted on the counts for the uttering, the judgment was arrested. (Reg. v. Boult, 2 Car. & Kir. 604, Cresswell, J.) To sustain an indictment for forging a will it must appear that there is some person capable of being defrauded by it. Quære, whether upon an indict ment for uttering An indictment for forging a will, charged an intent to defraud a person or persons unknown. It was proved that the prisoner was the son of the deceased, whose will was forged, and although one of the witnesses stated that he had heard a rumour that the deceased had had another son by a former marriage, of whose existence, however, he knew nothing, except by report, there was no other evidence of any former marriage, or any children of such marriage. Upon a case reserved for the opinion of the judges, they held that there was not sufficient evidence of an intention to defraud any one to support a conviction. (Reg. v. Tufts and others, 3 Cox's Crim. Cas. 160.) In Reg. v. Philips, 3 Cox's Crim. Cas. 88, it was doubted whether or not, upon an indictment for uttering a forged acquittance not being an a forged acquit- instrument of ordinary transmission from hand to hand, previous utterings tance, not being of similar instruments by the prisoner can be given in evidence to prove description, other a guilty knowledge. Rolfe, B. held that they could; Platt, B. that they similar utterings could not. (Reg v. Philips, 3 Cox's Crim. Cas. 88.) of an ordinary instances of can be given in evidence to prove a guilty know ledge. 11 & 12 VICT. c. 29. 48 Geo. 3, c. 55. Game. See "Evidence," ante. Hares. BY the 11 & 12 Vict. c. 29, intituled "An Act to enable Persons having a right to kill Hares in England and Wales, to do so by themselves or Persons authorized by them, without being required to take out a Game Certificate," (passed the 22nd July, 1848), after reciting that "by an act passed in the forty-eighth year of the reign of King George the Third, intituled An Act for repealing the Duties of Assessed Taxes, and granting new Duties in lieu thereof, and certain additional Duties to be consolidated therewith, and also for repealing the Stamp Duties on Game Certificates, and granting new Duties in lieu thereof, to be placed under the Management of the Commissioners for the Affairs of Taxes,' and that by an act passed 6 c. 29. 52 Geo. 3, c. 93. in the fifty-second year of the reign of the said King George the Third, 11 & 12 VICT. intituled An Act for granting to His Majesty certain new and additional Duties of Assessed Taxes, and for consolidating the same with the former Duties of Assessed Taxes,' and that by an act passed in the third year of the reign of Her present Majesty, intituled ‘An Act for granting to 3 & 4 Vict. c. 17. Her Majesty Duties of Customs, Excise, and Assessed Taxes,' certain duties of assessed taxes were granted to Her Majesty the Queen upon, amongst other things, every person who shall use any dog, gun, net, or other engine for the purpose of taking or killing any game whatever, or shall assist in any manner in the taking or killing of any game: and that by divers laws now in force penalties are imposed on all persons taking or killing, or assisting in the taking or killing of, amongst other things, any game whatever, who shall not have obtained a certificate of the due payment of such duties: and that it has been found that much damage has been and is continually done by hares to the produce of enclosed lands, and that great losses have thereby accrued and do accrue to the occupiers of such lands; and that it is expedient that persons in the actual occupation of such enclosed lands, or the owners thereof, who have the right of killing game thereon, should be allowed to take, kill, and destroy hares thereon, without the payment of the said duties of assessed taxes, and without the incurring of any of the penalties above mentioned it is therefore enacted, that from and after the passing of Persons in the this act it shall be lawful for any person, being in the actual occupation occupation of of any inclosed lands, or for any owner thereof who has the right of and in certain killing game thereon, by himself or by any person directed or authorized cases owners, by him in writing, according to the form in the schedule to this act without a game annexed, or to the like effect, so to do, to take, kill, or destroy any hare certificate. then being in or upon any such inclosed lands, without the payment of any such duties of assessed taxes as aforesaid, and without the obtaining of an annual game certificate." : inclosed ground, may kill hares Authority to kill hares to be limited to one one parish; petty sessions Sect. 2. "Provided always, that no owner or occupier of land as aforesaid shall be authorized to grant or continue, under the provisions of this act, authority to more than one person, at one and the same time, person at the to kill hares upon his land within any one parish; and that he shall same time in any deliver the said authority, or a copy thereof, or cause the same to be which authority delivered, to the clerk of the magistrates acting for the petty sessions shall be sent to division within which the said lands are situate, who shall forthwith the clerk of the register the same, and the date of such registration, in a book to be kept who shall register by him for such purpose, which book shall be at all reasonable times the same. open to the inspection of the clerk of the commissioners acting in the execution of the acts for assessed taxes or of any of the collectors of assessed taxes within such district; and the said authority, so soon as it shall have been registered as aforesaid, shall be held good until after the first day of February in the year following that within which the same is granted, unless the same be previously revoked, and notice of If authority such revocation be given to the clerk of the magistrates as aforesaid; and revoked notice the said registered authority, or the unrevoked register thereof, shall be the same. good and sufficient evidence of the right of the person to whom authority is given by the same to kill hares upon the lands mentioned within the same without having obtained an annual game certificate." Sect. 3. "That no person so directed or authorized to kill any hare Persons not to as aforesaid shall, unless otherwise chargeable, be liable to any duties of assessed taxes as gamekeeper.' to be given of be liable to tax on gamekeepers. coursing or Sect. 4. "That from and after the passing of this act it shall be lawful To extend to for any person to pursue and kill or join in the pursuit and killing of any hunting. hare by coursing with greyhounds, or by hunting with beagles or other hounds, without having obtained an annual game certificate." Sect. 5. "Provided also, that nothing herein contained shall extend or Not to authorize be taken or construed to extend to the making it lawful for any person, the laying of poison. with intent to destroy or injure any hares or other game, to put or cause to be put any poison or poisonous ingredient on any ground, whether P 11 & 12VICT. open or inclosed, where game usually resort, or in any highway, or for any person to use any fire-arms or gun of any description, by night, for the purpose of killing any game or hares." c. 29. Agreements reserving game to be still in force. Interpretation of act. To extend to Sect. 6. "Provided also, that where any tenant of any land for life or lives, years, or otherwise, now is or hereafter shall be bound by any agreement not to take, kill, or destroy any game upon any lands included in such agreement, then and in all such cases nothing herein contained shall extend or be taken or construed to extend to authorize or empower such tenant to take, kill, or destroy any hare upon any such lands so included in such agreement, or to authorize any other person to kill or destroy any hare upon any such lands." Sect. 7. "That in the interpretation of this act the singular number shall extend to several persons and things as well as to one person or thing; and any word importing the plural number shall apply to one person or thing as well as to several persons or things; and every word importing the masculine gender only shall extend to a female as well as a male; and that the word 'agreement' shall include any covenant, proviso, promise, undertaking, condition, or reservation; and that the word 'parish' shall include any hamlet, township, tithing, or extraparochial place; and for the purposes of this act the word night' shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise." Sect. 8. "And be it enacted, that this act shall extend to that part of the United Kingdom called England and Wales." SCHEDULE. I A. B. do authorize C. D. to kill hares on ["my lands," or "the lands occupied by me," as the case may be], within the [here insert the name of the parish or other place, as the case may be]. Dated this Witness. day of of A. B. When game tified in arresting poachers. GAMEKEEPERS who were out watching in the night heard the firing keepers not jus- of guns in the preserves of their employer, and they waited in a turnpike road, expecting the poachers to come there, which they did, and an affray ensued between the gamekeepers and the poachers. Held, that if the gamekeepers were then endeavouring to apprehend the poachers, they were not justified in so doing. (Reg. v. Meadham and another, 2 Car. & Kir. 633, Wightman, J.) Gaols and Houses of See "Lock-up Houses," post. 11 & 12 VICT. BY the 11 & 12 Vict. c. 39, intituled "An Act to facilitate the c. 39. raising of Money by Corporate Bodies for building or repairing Prisons," (passed 14th of August, 1848), after reciting that by an act passed in the fifth and sixth years of Her present Majesty, intituled "An Act to amend the Laws concerning Prisons," the mayor, aldermen, and burgesses of boroughs in which there shall be a separate court of sessions of the peace are authorized and empowered by their councils to take up and borrow |