Whereas at the session of the peace for the county of held on before and others their fellows, [or at the session of oyer and terminer and gaol delivery held for the county of on before, among others, Sir A. B., Knight, one of the justices of the court of and here name the quorum commissioners, justices of oyer and terminer and gaol delivery,] A.B., late of labourer, having been found guilty of felony, and judgment thereupon given, that [state the substance] the court before whom he was tried reserved a certain question of law for the consideration of the justices of either bench and the barons of the exchequer, and execution was thereupon respited in the meantime : This is to certify, that the said justices and barons having met in the Exchequer Chamber at Westminster [or Dublin, as the case may be,] on the day of it was considered by the said justices and barons there that the judgment aforesaid should be annulled, and an entry made on the record, that the said A. B. ought not, in the judgment of the said justices and barons, to have been convicted of the felony aforesaid; and you are therefore hereby required forthwith to discharge the said A. B. from your custody. To the gaoler of and the sheriff of and all others whom it may concern. 36 Geo. 3, c. 7. Crown and Government Security. 11VICT.c. 12. BY the 11 Vict. c. 12, intituled "An Act for the better Security of the Crown and Government of the United Kingdom" (passed 22nd April, 1848), after reciting that, by an act passed in the thirty-sixth year of the reign of His late Majesty King George the Third, intituled 'An Act for the Safety and Preservation of His Majesty's Person and Government against Treasonable and Seditious Practices and Attempts,' it was among other things enacted, that if any person or persons whatsoever, after the day of the passing of that act, during the natural life of His said Majesty, and until the end of the next session of Parliament after the demise of the crown, should, within the realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of His said Majesty, his heirs or successors, or to deprive or depose him or them from the style, honour, or kingly name of the imperial crown of this realm or of any other of His said Majesty's dominions or countries, or to levy war against His said Majesty, his heirs and successors, within this realm, in order, by force or constraint, to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade this realm or any other of His said Majesty's dominions or countries under the obeisance of His said Majesty, his heirs and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, should express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, being legally convicted thereof, upon the oaths of two lawful and credible witnesses, upon trial, or otherwise convicted or attainted by due course of law, then every such person or persons so as aforesaid offending should be deemed, declared, and adjudged to be a traitor and traitors, and should suffer pains of death, and also lose and forfeit as in cases of high treason and that by an act of Parliament passed in the fifty seventh year of the same reign, intituled 'An Act to make perpetual 11VICT.c.12. certain Parts of an Act of the Thirty-sixth Year of His present Majesty, for the Safety and Preservation of His Majesty's Person and Government 57 Geo. 3, c. 6. against Treasonable and Seditious Practices and Attempts, and for the Safety and Preservation of the Person of His Royal Highness the Prince Regent against Treasonable Practices and Attempts,' all the herein before recited provisions of the said act of the thirty-sixth year of His said Majesty's reign which relate to the heirs and successors of His said Majesty, the Sovereigns of these realms were made perpetual: and that doubts are entertained whether the provisions so made perpetual were by the last-recited act extended to Ireland: and that it is expedient to repeal all such of the provisions made perpetual by the lastrecited act as do not relate to offences against the person of the Sovereign, and to enact other provisions instead thereof applicable to all parts of the United Kingdom, and to extend to Ireland such of the provisions of the said acts as are not hereby repealed: it is therefore enacted, "that from and after After passing of the passing of this act the provisions of the said act of the thirty-sixth year this act, of the reign of King George the Third, made perpetual by the said act of 36 Geo. 3, c. 7. the fifty-seventh year of the same reign, and all the provisions of the last- and 57 Geo. 3, mentioned act in relation thereto, save such of the same respectively as except as to c. 6, repealed, relate to the compassing, imagining, inventing, devising, or intending offences against death or destruction, or any bodily harm tending to death or destruction, the person of the maim or wounding, imprisonment or restraint of the person of the heirs and successors of His said Majesty King George the Third, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them, shall be and the same are hereby repealed." this act, provi sovereign. So much of 36 Geo. 3, c. 7, as is not repealed, extended to act to be punish Sect. 2. "And be it declared and enacted, that such of the said recited provisions made perpetual by the said act of the fifty-seventh year of the reign of King George the Third as are not hereby repealed shall extend to and be in force in that part of the United Kingdom called Ireland." Sect. 3. "And be it enacted, that if any person whatsoever after the Ireland. passing of this act shall, within the United Kingdom or without, compass, offences declared imagine, invent, devise, or intend to deprive or depose our most gracious felonies by this lady the Queen, her heirs or successors, from the style, honour, or royal able by transporname of the imperial crown of the United Kingdom, or of any other of tation or Her Majesty's dominions and countries, or to levy war against Her imprisonment. Majesty, her heirs or successors, within any part of the United Kingdom, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other Her Majesty's dominions or countries under the obeisance of Her Majesty, her heirs or successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transportea beyond the seas for the term of his or her natural life, or for any term not less than seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour, as the court shall direct." which prosecu Sect. 4. "Provided always, and be it enacted, that no person shall be Time within prosecuted for any felony by virtue of this act in respect of such com- tion shall be compassings, imaginations, inventions, devices, or intentions as aforesaid, in menced, warrant so far as the same are expressed, uttered, or declared by open and advised issued, &c. speaking only, unless information of such compassings, imaginations, inventions, devices, and intentions, and of the words by which the same were expressed, uttered, or declared, shall be given upon oath to one or more justice or justices of the peace, or to any sheriff or steward, or sheriff substitute or steward substitute, in Scotland, within six days after such 11 VICT.c. 12. words shall have been spoken, and unless a warrant for the apprehension In indictments more than one overt act may be charged. Nothing herein to affect provi sions of Indictments for felony under this of the person by whom such words shall have been spoken shall be issued within ten days next after such information shall have been given as aforesaid, and unless such warrant shall be issued within two years next after the passing of this act; and that no person shall be convicted of any such compassings, imaginations, inventions, devices, or intentions as aforesaid, in so far as the same are expressed, uttered, or declared by open or advised speaking as aforesaid, except upon his own confession in open court, or unless the words so spoken shall be proved by two credible witnesses." Sect. 5. "And be it enacted, that it shall be lawful, in any indictment for any felony under this act, to charge against the offender anynumber of the matters, acts, or deeds by which such compassings, imaginations, inventions, devices, or intentions as aforesaid, or any of them, shall have been expressed, uttered, or declared." Sect. 6. "Provided always, and be it enacted, that nothing herein contained shall lessen the force of or in any manner affect anything enacted 25 Edw. 3, c. 2. by the statute passed in the twenty-fifth year of King Edward the Third, A Declaration which Offences shall be adjudged Treason."" Sect. 7. 66 Provided also, and be it enacted, that if the facts or matters act valid, though alleged in an indictment for any felony under this act shall amount in law to treason, such indictment shall not by reason thereof be deemed void, erroneous, or defective; and if the facts or matters proved on the trial of any person indicted for any felony under this act shall amount in law to treason, such person shall not by reason thereof be entitled to be acquitted of such felony; but no person tried for such felony shall be afterwards prosecuted for treason upon the same facts." the facts may amount to treason. As to the punishment of accessories before and after the fact. Felonies under Trial to take No costs allowed in prosecutions under this act. Act may be amended, &c. Sect. 8. "And be it enacted, that in the case of every felony punishable under this act, every principal in the second degree and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this act punishable; and every accessory after the fact to any such felony shall on conviction be liable to be imprisoned, with or without hard labour, for any term not exceeding two years." Sect. 9. "Provided always, and be it enacted, that no person committed for trial in Scotland for any offence under this act shall be entitled to insist on liberation on bail, unless with consent of the public prosecutor, or by warrant of the high court or circuit court of justiciary, in such and the like manner and to the same effect as is provided by an act passed in the session of Parliament holden in the fifth and sixth years of the reign of His Majesty King George the Fourth, intituled An Act to provide that Persons accused of Forgery in Scotland shall not be entitled to Bail unless in certain Cases; but the trial of any person so committed, and whether liberated on bail or not, shall in all cases be proceeded with and brought to a conclusion under the like certification and conditions as if intimation to fix a diet for trial had been made to the public prosecutor in terms of an act passed in the Scottish Parliament in the year one thousand seven hundred and one, intituled An Act for preventing wrongous Imprisonment, and against undue Delays in Trials."" Sect. 10. "And be it enacted, that it shall not be lawful for any court before which any person shall be prosecuted or tried for any felony under this act to order payment to the prosecutor or the witnesses of any costs which shall be incurred in preferring or prosecuting any such indictment." Sect. 11. "And be it enacted, that this act may be amended or repealed by any act to be passed during the present session of Parliament." NOTE. For several decisions upon this act, see Reg. v. Mitchell, 3 Cox's Crim. Cas. 1. Death (see "Register," post.) Depositions (see “Administration of Justice Act, No. 1," ante, pp. 11, 12, ss. 17, 18.) Dying Declaration (see "Evidence," post.) Embezzlement. See "Evidence," "Indictment," post. IF any chattel or valuable security is entrusted to any broker or agent, Embezzlement originally for the purpose of sale, but the authority to sell is afterwards by an agent. countermanded, and the broker or agent, notwithstanding that countermand, sells the goods, in violation of the orders of his principal, rendering no account, such broker or agent may be convicted of a misdemeanor under the 7 & 8 Geo. 4, c. 29, s. 49. (Reg. v. Gomm, 3 Cox's Crim. Cas. 64.) whose duty it If a servant in the course of his employment receives from a fellow- By a servant servant the money of his master, and his duty being to hand it over to was to receive another servant of the prosecutor, by whom it would be delivered to the the money of his master, he fraudulently intercepts it in its passage, and appropriates it, he master from one is guilty of embezzlement. (Reg. v. Masters, 3 Cox's Crim. Cas. 178, it over to another. the fifteen judges.) servant and hand The prisoner, who was a member of and also the clerk to a friendly By a member of society, stated to the society that he could put out their money to more of the funds of a friendly society advantage with a firm in London; and with the consent of the society the society. drew the money from the bank, and then appropriated it to his own purposes, there being no such firm as that he had represented. Upon this, it was held by Coleridge, J., that this was neither embezzlement nor larceny, the prisoner not being a clerk or servant, and being a part owner of the money. (Reg. v. Waite, 2 Cox's Crim. Cas. 245.) In Reg. v. Lanauze, 2 Cox's Crim. Cas. 362, the Queen's Bench Government (Ireland) held, upon an indictment for embezzlement, that Government Stock not a valuable security Stock is not a valuable security within the meaning of the statute 9 Geo. 4, within the c. 55, s. 42 (similar to the English statute of 7 & 8 Geo. 4, c. 29, s. 49). 9 Geo. 4, c. 55, s. 42. Evidence. As to Depositions and Witnesses, see "Administration of Justice registrar. BIGAMY.]-Upon an indictment for bigamy, it appeared that the prisoner Evidence of marwas married to his first wife in a place which had been registered pursuant riage before the to the 6 & 7 Will. 4, c. 85. It was proved that notice of the marriage had been given to the superintending registrar, but that notice was not produced by him. The register of the marriage and of the building were, however, produced and read. It was objected that there ought to have been further evidence that due notice was given to the superintendent registrar; that he issued his certificate thereon; and that the marriage was celebrated in the building specified in that notice and certificate. It was, however, held by the fifteen judges that the evidence given proved a sufficient prima facie case, and that the conviction was right. (Reg. v. Hawes, 2 Cox's Crim. Cas. 432.) Evidence of a joint uttering. To constitute the offence under the for concealing the birth must not be that alone of keeping it from a particular Coin.]-The two prisoners in this case together uttered a bad halfa-crown. Shortly afterwards they separated, and one of them went to a shop and uttered another bad half-a-crown; and then the other went to the same shop and uttered a third bad half-a-crown; but at these second and third utterings neither was proved to have been near the other. Upon this it was held by Cresswell, J., that the proof of the previous concert would not sustain a count for a joint uttering in either the second or third uttering. (Reg. v. West and another, 2 Cox's Crim. Cas. 237.) Concealment of birth.]-The concealment sought to be checked by the statute the motive? Geo. 4, c. 31, s. 14, is that which would keep the world at large in ignorance of the birth of a child. While, therefore, the offence may on the one hand be committed, even though the pregnancy and delivery be made known to a confidant, so, on the other, it is not an offence within the act, if the endeavour to conceal proceed from a desire to escape individual observation or anger. Where, therefore, it appeared that the body keeping it from of a bastard child would have been buried by the prisoner in the churchyard but for her fear to provoke her father, under the operation of which she conveyed it secretly to a pond, it was held by Coltman, J. that the case did not fall within the act. (Reg. v. Morris, 2 Cox's Crim. Cas. 489.) individual, but must be that of the world at large. A deposition of ration. Dying declara tion when not admissible. All may be found land, if the others are rendering aid though outside. Authority to apprehend poachers. An indictment for a nuisance by indecent Dying declaration.]—A deposition made before a magistrate by a dying man as to the cause of his death need not, on the face of it, show that it was made under circumstances which would render it admissible in evidence as a dying declaration, but that is a fact dehors the statement, and may be proved by parol testimony. (Reg. v. Hunt, 2 Cox's Crim. Cas. 239, Pollock, C. B., and Coleridge, J.) Where the deceased, having said that he thought he should die, made a statement, and two or three days afterwards expressed a belief that he should recover, and lived about three days after that, when he died, Patteson, J. thought the statement could not be given in evidence. (Reg. v. Taylor and another, 3 Cox's Crim. Cas. 84.) Game-Poaching.]-To support a charge of night-poaching by three or more armed, under the stat. 9 Geo. 4, c. 69, s. 9, it is not necessary that all the persons charged, or even three of them, should have been actually on the land; and if it be shown that all the defendants were at the time associated and engaged in pursuing the common purpose and object of taking game, by some of them going armed into the field and there beating for game, while others rendered them aid by remaining outside of the field, that is sufficient. (Reg. v. Whittaker and others, 2 Car. & Kir. 636, Wilde, C. J.; 3 Cox's Crim. Cas. 50.) On an indictment for wounding with intent to prevent lawful apprehension, it was proved that the prisoners were found poaching in the night, armed, in a preserve which had belonged to the Earl of Lichfield, and then was in the possession of the Earl's trustees. The person trying to apprehend was a watcher employed by the head keeper; the latter having been appointed by the Earl twenty years before, and paid by his agent down to the time of the trial, but the head keeper had never had any direct communication with the trustees. Upon this it was held by Cresswell, J. that there was sufficient proof of an authority to apprehend. (Reg. v. Fielding and another, 2 Car. & Kir. 621.) Indecent exposure.]-An indictment for a nuisance at common law, charged that the defendant, at, &c., in, &c., did expose and exhibit his exposure cannot private parts, naked and uncovered, in the presence of M. A., the wife of be supported if C., and of divers others of the liege subjects, &c. The evidence was, that the exposure is to one person the defendant took out and exposed his private parts to M. A., and thereupon she directly ran off and told her husband; that there was no one in sight but herself when she saw his private parts exposed. The defendant was convicted, but upon a case reserved, the judges held that as the only. |