except perjury and subornation of perjury, should have endured the punishment adjudged for his offence, it should have the effect of a pardon, and his competency should thereby be restored. 9 G. 4, c. 32, 88. 3, 4. But now by stat. 6 & 7 Vict. c. 85, s. 1, no person, offered as a witness, in any case, civil or criminal, shall be excluded from giving evidence in court or before a magistrate, &c., by reason of incapacity from crime, notwithstanding he may have been convicted.

Number of witnesses required.] In all cases, except treason and perjury, one witness is all that is required by law, unless otherwise directed by the statute creating the offence; and wherever that is the case, it shall be particularly noticed in the course of this work, under its proper head. In treason, not relating to the coin or seals, there must be two witnesses; in perjury, there must be two witnesses to the same assignment of perjury.

Witnesses, how compellable to attend.] In prosecutions by indictment, the witnesses for the prosecution, who attend before the magistrate at the time the prisoner is committed, are usually bound over to attend at the trial and give evidence; see ante, p. 295; and for non-attendance, they may be punished by their recognizance being estreated. All other witnesses, on the one side and on the other, may be compelled to attend by subpoena, issued either from the crown-office in London, or by the clerk of the peace: if it issue from the crown-office, the court of the Queen's Bench may punish the party by attachment, for non-attendance; R. v. Ring, 8 T. R. 585; but if issued by the clerk of the peace, the remedy is not by attachment, R. v. Brownall, 1 Ad. & El. 598, but by indictment. In appeals also, the witnesses may in like manner be compelled by subpoena, to attend and give their evidence.

Where a party is charged with an indictable offence before a magistrate, if the magistrate be apprised that any person, who can give material evidence against the prisoner, will not voluntarily attend, he may issue his summons to compel his attendance. See ante, p. 294. But in cases of summary conviction, he cannot summon a witness, nor is there any mode of compelling his attendance, unless it be given by the particular statute creating the offence, or regulating the prosecution for it. See ante, p. 363.

If the witness be in custody on civil process, he can only be brought up by writ of habeas corpus.

Witnesses' expenses.] In a criminal case, a witness cannot refuse to give his testimony until his expenses have been paid to him, even although subpoenaed on the part of the defendant. R. v. James et al., 1 Car. & P. 322. After they

have given their evidence, and the case is determined, if the party on whose behalf they attend be allowed his costs, a sum is usually allowed to him for his witnesses' expenses, at a rate regulated by the table of fees settled by the justices. ante, title "Costs."

See

EXAMINATION.

See" Commitment."

EXTORTION.

Extortion is the taking of money by any officer, by colour of his office, either where none at all is due, or where he takes more than is due, or where it is not yet due. 1 Hawk. c. 68, 3. 1. See R. v. Higgins, 4 Car. & P. 247. It is a misdemeanor at common law, punishable with fine, or imprisonment, or both. See 1 Hawk. c. 68, s. 5.

Commitment :-On at -, being then a constable, unlawfully, corruptly, extorsively, and by colour of his said office, did extort and receive of and from one C. D., then in the custody of the said A. B., the sum of

to him the said A. B. as such constable; be.] And you the said keeper, &c.

as and for a fee due [or as the case may

FACTOR.

See "Agent."

FACTORY.

See "Manufactures."

FALSE IMPRISONMENT.

False imprisonment is a misdemeanor at common law, punishable with fine, or imprisonment, or both. The slightest detention of a party, or restraint of his personal liberty, against his will, is an imprisonment; and if that be done without law

ful authority, it is technically termed false imprisonment. If a constable or other person arrest a man by virtue of a warrant, which is bad on the face of it, or in a case where the justice granting it had no jurisdiction, this will be a false imprisonment; so if a constable or a private person arrest a man, without warrant, in a case in which he has no authority by law to do so, (see ante, pp. 128, 130,) he is guilty of a false imprisonment; and if a gaoler detain the party thus wrongfully arrested, without a fresh warrant legally justifying him, he will be guilty also. False imprisonment therefore is a mixed question of law and fact: whether there was a detention of the party against his will, amounting to an imprisonment, is a question of fact; see Cant v. Parsons, 6 Car. & P. 504; and whether the authority under which it was effected was lawful, or was such as did not justify the officer or gaoler, &c. in the detention, is a question of law, depending upon the circumstances of each particular case.

Every false imprisonment is said to include an assault and battery.

Commitment

-On

at, did assault and beat one C. D., and did then and there unlawfully and injuriously, and against the will of the said C. D., and without any legal warrant, authority, or reasonable or justifiable cause whatsoever, imprison the said C. D. And you the said keeper, &c.

FALSE PRETENCES.

If any person shall, by any false pretence, obtain from any other person any chattel, money, or valuable security, with intent to cheat or defraud any person of the same: misdemeanor, transportation for seven years, or such fine or imprisonment, or both, as the court shall award." 7 & 8 G. 4, c. 29, $.53.

The false pretence must be a statement of some pretended existing fact, see R. v. Henderson et al., Car. & M. 328, and made for the purpose of inducing the prosecutor to part with his property. Pretending to be sent to the prosecutor for goods by one of his customers, or for the amount of a debt by one to whom he owed it, or for a loan of money by one of his friends, and thereby obtaining such goods or money; such a case would come within the statute. So, falsely pretending to be Mr. H. who cured Mrs. Clark at the Oxford infirmary, and thereby obtaining from a person 5s. for a bottle of eyewater, was holden to be a pretence within the meaning of the statute. R. v. Bloomfield, Car. & M. 537. So, if a foreman

by falsely pretending to his master that his workmen have earned to a certain amount, obtain that amount from him, whereas in fact they had earned a less sum, and he applied the difference to his own use, this was holden to be within the statute. R. v. Witchell, 2 East, P. C. 830. But, where a man induced a butcher to send him meat, under pretence that he would pay for it on delivery: the judges held this not to be a pretence within the meaning of the statute; it was merely a promise for future conduct. R. v. Goodall, R. & Ry. 461. So, pretending that a certain promissory note was a good and valid security, is not a pretence within the Act. R. v. Wikham, 8 Law J. 87, m. But a man pretending that his own check is a valid security, when it is drawn upon a banker with whom he never kept an account, is a false pretence within the statute. R. v. Parker, 7 Car. & P. 825. It is not necessary, however, that the pretence should be in words: there may be a sufficient false pretence within the meaning of the Act, by the acts and conduct of the party, without any verbal representations of a false or fraudulent nature. As where a man, in payment of some small articles, tendered a forged promissory note for 10s. 6d. in payment, and received the change: the judges held this to be a false pretence within the meaning of the statute; for the tendering of the note as a genuine instrument, was tantamount to a representation that it was so. R. v. Freeth, R. & Ry. 127, and see R. v. John Story, R. & Ry. 81. So, where a man at Oxford, but not a member of the University, went to a tradesman's shop, wearing a commoner's cap and gown, and ordered goods, part of which he obtained at this time: this was holden by Bolland, B., to be good evidence to sustain an indictment, alleging that he falsely pretended that he was an undergraduate of the University of Oxford. R. v. Barnard, 7 Car. & P. 784. So, where a man paid his addresses to a woman, and obtained from her a promise of marriage, and afterwards, upon her refusing to marry him, he threatened to bring an action against her, and thereby obtained money from her; but it turned out afterwards that he was already married, and therefore could not have maintained such an action: this was holden to amount to an implied pretence that he was unmarried, and he was convicted of obtaining the money by false pretences. R. v. Copeland, Car. & M. 516. If a bill of exchange, or the like, be obtained by false pretences, it must appear to be duly stamped; for otherwise it is not a valuable security within the meaning of the Act. R. v. Yates, Ry. & M. 170.

It must also appear, by evidence, that the prosecutor parted with his property, by reason of the false pretence alleged, R. v. Dale, 7 Car. & P. 352, and of it alone. R. v. Wickham, 10 Ad. & El. 34. And it must appear that the pretence was false to the knowledge of the defendant, R. v. Henderson et al., Car. & M. 328. R. v. Philpotts, Car. & K. 112, and was used

for the purpose of defrauding the prosecutor of his property. R. v. Henry Williams, 7 Car. & P. 354.

Commitment:-On - at - unlawfully did falsely pretend to one C. D. that [here set out the pretence]; by means of which said false pretence, the said A. B. then and there unlawfully did obtain from the said C. D. of the goods and chattels of him the said C. D., with intent then and there to cheat and defraud the said C. D. of the same; against the form of the statute in such case made and provided. And you the said keeper, &c.

Making or selling.] If any person shall make, give, sell, or offer to sale any squibs, rockets, serpents, or other fire-works, or any cases, moulds, or other implements for making the same, he shall, on conviction before one justice of the peace, forfeit 51., half to the poor and half to the prosecutor, to be levied by distress, by warrant of such justice. 9 & 10 W. 3, c. 7, s. 2. at, unlaw

Conviction as in ordinary cases:- -On fully did sell unto one I. K. certain fire-works, to wit, five squibs; against the form of the statute in such case made and provided. Whereupon, &c.

Throwing them in a highway.] "If any person or persons shall make or assist in making any fire or fires commonly called bonfires, or shall set fire to, or wantonly let off or throw any squib, rocket, serpent, or other fire-work whatsoever," within