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R. v. Potts.

aiders, abetters, assisters, comforters, and maintainers in this part of the act, though in a subsequent part, as to forging letters of attorney, &c. it provides against those who shall willingly act or assist therein, or, with respect to uttering and publishing, against those who shall aid or assist. His lordship also doubted whether the doctrine of a principal in the second degree (which seems to be the idea of this count) could apply to this case, because principals in the second degree, and principals in the first degree, may be charged jointly as doing the act; whereas it appeared difficult to allege, that a man and a woman jointly personated one man, Williams had been convicted of personating Jacobs at a for. mer assizes, and the record of his conviction was produced to prove that fact, on this indictment. The judges held the conviction right, being of opinion that a person present, aiding and abetting another whilst personating a seaman, was within 57 G. 3.

c. 127. 59 G. 8. c. 56. By 59 G. 3.c. 56.9 3. “If any person who(a) shall falsely represent Persons falsely himself or herself to be within any of the degrees of relationship representing in blood as before described, in order to enable himself or herself themselves as

to receive any prize money or bounty money, or share of prize relations, &c. in order to re

money or bounty money, due or to grow due for or on account of ceive such

the services of any such petty officer, non-commissioned officer, wages or prize seaman, or marine, supernumerary, or boy, under any such order money, or re- as aforesaid ; or who(a), not being within any such degree of receiving not lationship, and not being licensed as aforesaid, shall receive any censed, misde- wages, pay, prize money, bounty money, or other allowances of

money for the use of any such petty officer, non-commissioned officer, seaman, or marine, supernumerary, or boy ; or if any agent or person, whose licence shall have been revoked as hereinafter mentioned, shall offer himself to receive or shall receive any such wages, pay, prize money, bounty money, or other allowance of

money, not being within any of the degrees of relationship afore(a) Sic.

said, and be thereof duly convicted, shall (a) be deemed guilty of

a misdemeanor, and punished accordingly." Falsifying Ø 12. “ If any person or persons shall knowingly insert, or cause dates of orders, to be inserted, in any order for the payment of prize money, bounty misdemeanor.

money, grants, or other allowances of money payable by the commissioners and governors of the royal hospital for seamen at Greenwich, or by their treasurer, any other date than the day on which the said order shall be executed, or shall knowingly present or utter any order bearing any false date as aforesaid, such person or persons shall, for every such offence, be deemed guilty of a misdemeanor,

and punished accordingly." Persons en- § 17. “ If any person or persons really entitled to prize or titled to prize- bounty money, pension money, grant, or other allowance of money money endea

on account of services on board of any ship or vessel, shall, by the vouring to ob- production of any false certificate, or by making any false retain payment

presentation, obtain or endeavour to obtain from the said royal ficates, &c. misa hospital, or from any licensed agent, the said prize or bounty demeanor. money, pension money, or other allowance of money so due to him

as aforesaid, such person or persons shall be deemed guilty of a misdemeanor, and shall forfeit all prize or bounty money, pension money, grant, or other allowance of money due to him on account of his said services."

meanor.

false certi

§ 18. “If any person or persons shall willingly or knowingly 59 G. 3. c. 56. personate, or falsely assume, or cause, procure, aid, or assist any person to personate or falsely assume the name or character of any Falsely assumcommissioned officer, warrant or petty officer, or seamen(a), or any ing name and

character of commissioned or non-commissioned officer of marines, or marine,

others entitled supernumerary, or boy, or any other person entitled, or supposed to prize money, to be entitled to any wages, pay, prize money, bounty money, &c. forging, pension money, or other allowances of money, for or in respect of &c., letters of services performed, or supposed to have been performed, on board attorney, &c. of any ship or vessel of his majesty, his heirs or successors; or shall to receive personate or falsely assume the name or character, or shall assist wages, &c., in personating or falsely assuming the name or character of the oath to obtain wife, widow, executor, or administrator, relation or creditor of any probate, &c. such officer, seaman, or other person, in order to receive any wages, (a) Sic. pay, prize money, bounty money, pension money, or other allowances 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 of any ship or vessel of his majesty, his heirs or successors ; or shall falsely make, forge, counterteit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or willingly act or assist in the false making, forging, counterfeiting, or altering any letter of attorney, order, bill, ticket, certificate of service, or other certificate whatsoever, assignment, last will, or other power or authority whatsoever, in order to receive or to enable

any

other person to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due, or supposed to be due, for or in respect of the services of any such officer, seaman, marine, supernumerary, or boy, or other person as aforesaid, performed, or supposed to have been performed on board any ship or vessel of his majesty, his heirs or successors, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever; or shall utter or publish as true, or shall aid or assist in uttering or publishing as true, any false, forged, counterfeited, or altered letter of attorney, order, bill, ticket, certificate of service, or other certificate whatsoever, assignment, last will, or other power or authority whatsoever, knowing the same to be false, forged, counterfeited, or altered, in order to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due, or supposed to be due, for or in respect of the services of any such officer, seaman, marine, supernumerary, or boy, or other person as aforesaid, performed or supposed to have been performed on board of any ship or vessel of his majesty, his heirs or successors, with intention to defraud any person or persons, body or bodies politic or corporate whatsoever; or shall willingly or knowingly take a false oath to obtain the probate of any will or wills, or to obtain letters of administration, in order to receive or to enable any other person to receive any wages, pay, prize money, bounty money, pension money, or other allowances of money due, or supposed to be due, for or in respect of the services of any such officer, seaman, marine, supernumerary, or boy, or other person as aforesaid, performed or supposed to have been performed on board of any of his majesty's ships or vessels, his heirs or successors, or shall demand or receive any wages, pay, prize money, bounty money, pension money, or other allowances

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 Punishment. deemed guilty of felony, and shall suffer death as a felon, without

benefit of clergy." No longer By 1 W. 4. C.66. 1., this species of personation and forgery is capital. 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. 9 32.—1 W.4. c. 20. $ 83., and sequ., 3 & 4 W. 4. c. 52. $ 3. – 4 & 5 W. 4. c. 52. g 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. 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. Justice cannot Mr. Hatukins says, I do not find any good authority, that a jus. justify a war- tice can justify sending a general warrant, to search all suspected rant for search- houses in general for stolen goods : because such warrant seems ing all suspected houses. 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. S. P. Again, Ld. Hale, in his History of the Pleas of the Crown, Making such expresseth himself thus: I do take it, that a general warrant to warrants a ju- search in all suspected places is not good, but only to search in dicial act.

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. Such warrants And therefore I take those general warrants dormant, which not to be made are many times made before any felony committed, are not jusbeforehand.

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.

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 mise. 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 Aliter in case that the party suspects that goods are in such house, and shews of complaint on the cause of his suspicion, the justice of peace may grant a war. oath, and cause rant to search in those suspected places mentioned in his warrant, shewn." 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.

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 iest the offenders and goods also be gone before morning. Barl. of positive

proof. Search War.

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, be

constable. cause he knows his goods. 2 Hale, 150.

As to power of constables to act in any place within the juris. diction of the justices who grant the warrant, see stat. 5 G. 4. c. 18. s 6. tit. Arrest, $ 3.

By stat. 7 & 8 G. 4. c. 29. 9 63., if any credible witness shall 7 & 8 G.4.c.29. prove upon oath before a justice of the peace a reasonable cause

Power to search to suspect that any person has in his possession or on his premises under the Larany property whatsoever on or with respect to which any such (a)

ceny act. offence shall bave 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 forth with 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, S XI.

warrant.

This has much extended the authority of the magistrate in

granting search warrants. Execution. So much for granting a search warrant; next, touching the

execution of it. To enter, the

Whether the stolen goods are in a suspected house or not, the doors being officer and his assistants in the daytime may enter, the doors open.

being open, to make search, and it is justifiable by the warrant.

2 Hale, 151. The doors being If the door be shut, and upon demand it be refused to be opened shut.

by them within, if the stolen goods be in the house, the officer

may break open the door. 2 Hale, 151. Whether the If the goods be not in the house, yet it seems the officer is goods are excused that breaks open the door to search, because he searched found.

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 eventú 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. Return of the On the return of the warrant executed, the justice hath these

things to do. Goods how to 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 convict

ing the offender, to have restitution. 2 Hale, 151. Party how to

As touching the party that had the custody of the goods ; if they be disposed of.

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. Taking other

In an action of trespass it appeared that a constable and others articles than

(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

Where an excise officer had gone with a warrant to search the take back his

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 from a person scuffle ensued; it was ruled by Lord Tenterden C. J., that defend. who detains it

ant having no right to keep the warrant, the officers had a right illegally, using

to take it from him, and even to coerce his person to get it, prono more force than necessary. vided they used no more violence than was necessary. R. v.

Milton, Tr. T. 1827, 3 Car. & P. 31.

warrant.

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