Oke's Synop. 2nd ed. p. 320. 122. Keeping Possession. (Id., and see 8 Hen. 6, c. 9.)]—did unlawfully enter a certain messuage, with the appurtenances there situate, of which one [or the said] C. D. was seised in his demesne as of fee [or possession for a certain term of years, whereof divers, to wit, , years were then to come and unexpired], and the said C. D. from the peaceable possession of the said messuage, with the appurtenances aforesaid, then and there did unlawfully expel and put out, and that the said A. B. then and there hitherto the said C. D. from the possession of the said messuage, with the appurtenances aforesaid, with force and arms, and with strong hand, unlawfully and injuriously did keep out, and the said messuage and appurtenances, and the possession thereof, then and there unlawfully and forcibly did hold and detain, and still doth hold and detain, from the said C. D., contrary, &c. 1d. Offence 87; (6 Burn's Jus. 29th ed. p. 295.) ESCAPE, PRISON-BREACH AND RESCUE. 123. Returning from Transportation. (5 Geo. 4, c. 84, s. 22.)]— having been transported beyond the seas for the term of [seven years], in pursuance of a certain judgment against him for [state shortly the substance of the offence for which he was transported,] feloniously and unlawfully, and without any lawful cause or excuse, was, on the large at day of and before the expiration of the said term of [seven years], at in the said [county] of contrary, &c. 124. Escaping from Gaol. (4 Geo. 4, c. 64, s. 44.)-Complaint for a Warrant to apprehend.)]—that A. B., being, on the day of instant, at, lawfully in the custody of the said C. D., under and by virtue of a warrant of J. S., Esquire, one of her Majesty's justices of the peace in and for the said [county] of for felony [or on suspicion of felony, or as the case may be], hath unlawfully and wilfully escaped from the said gaol, and from and out of the custody of him the said C. D., the keeper thereof, before the expiration of a certain term for which he the said A. B. was ordered to be imprisoned and kept to hard labour therein. 125. Officer having Person in Charge for Felony permitting his Escape. (4 Bla. Com. 130; Hale, 234; 2 Hawk. c. 19, s. 22.)]-then having one C. D. in his custody, under and by virtue of a warrant of J. S., Esquire, one of her Majesty's justices of the peace in and for the said [county] of -, for having feloniously stolen the goods and chattels of one E. F., did unlawfully and negligently [or voluntarily] permit the said C. D. to escape and go at large. for 125 a. Breaking Prison, when in Custody for a Capital Offence. (1 Edw. 2, st. 2, c. 1.)]-being then lawfully imprisoned in the gaol of [stating the capital offence], did then and there feloniously, unlawfully, and injuriously break the said gaol, by means whereof he the said A. B. then and there did escape from the said gaol and go at large whithersoever he would, contrary, &c. In the commitment say, if necessary," and that the place where the said A. B. was apprehended and retaken is in the parish of , in the [county] of aforesaid." 126. Conveying Mask, &c. into Prison to aid and assist Prisoners to escape. (4 Geo. 4, c. 64, s. 43.)]—did then and there unlawfully and feloniously convey into a certain prison there situate, called a certain mask [or vizor, or disguise], with intent to aid and assist one E. F. then and there confined in the said prison to escape [or attempt to escape] therefrom, contrary, &c. 127. The like, Instruments to facilitate Escape. (Id.)]-did then and there unlawfully and feloniously convey into a certain prison there situate, called a certain instrument, to wit, a file, being an instrument proper to facilitate the escape of prisoners therein, and did then and there deliver the same to one E. F. [for the use of one F. G.], who was then in custody there for [state the offence concisely], without the consent of the keeper of the said prison, with intent, &c. [as in 126.] 128. For Prison Breaking by Person committed for Trial.] — being then imprisoned in the — at in the said [county] of under and by virtue of a warrant of commitment of J. S., Esquire, one of her Majesty's justices of the peace in and for the [county] of [feloniously, if not in a misdemeanor], unlawfully and wilfully did break the said prison, and escape from the same. 129. Rescuing Prisoner from Custody of Constable. (5 Burn's Jus. 29th ed., p. 730.)]—whilst [the said] J. N., a constable of the said parish of was conveying one E. F. to the common gaol at in the said [county], under and by virtue of a warrant of commitment of J. S., Esquire, one of her Majesty's justices of the peace for the said [county], for having feloniously stolen the goods of G. H. [or as the case may be], did unlawfully assault and beat the said J. N., and did then and there feloniously (a), unlawfully and forcibly, and against the will of the said J. N., rescue the said E. F. out of the custody of the said J. N. 130. Aiding a Prisoner in Custody for Treason or Felony to make his Escape while being conveyed to Prison. (16 Geo. 2, c. 31, s. 3.)]-did feloniously and unlawfully assist one E. F. to make his escape from the custody of one J. N., a constable, the said E. F. being then and there lawfully in the custody of the said J. N., in order to convey him the said E. F. to prison, under and by virtue of a warrant of J. S., Esquire, one of her Majesty's justices of the peace in and for the said [county] of for having feloniously stolen the goods of C. D. [or as the case may be], contrary, &c. 131. Rescue of a Prisoner generally. (4 Bla. Com. 131.)]-whilst one E. F. was in the lawful custody of one J. N., a constable, under and by virtue of a warrant of one J. S., Esquire, one of her Majesty's justices of the peace for the said [county] of [or of one C. O., the gaoler, under and by virtue of a conviction of the said E. F. for felony], unlawfully, forcibly [and feloniously], did rescue the said E. F. out of the custody of the said J. N. [or C. O.], and him the said E. F. did put at large to go whithersoever he would. 132. Pound-Breach. (2 Hawk. c. 21, s. 20.)]-did unlawfully and forcibly break a certain pound there, with intent then and there to rescue a certain horse then in the said pound impounded for and did then (a) The word feloniously should be omitted in all cases (excepting murder, see the 25 Geo. 2, c. 37, s. 9; 5 Burn's Just., 29th ed. 729), where the party is not convicted of the offences; and also in cases where he has been convicted, if the offence be under felony. and there unlawfully and forcibly rescue the said horse from and out of the said pound. 133. The like.]-with force and arms, unlawfully and against the Queen's peace, did break and enter the common pound overt of and belonging to the said parish of - and to the manor of the same, and thereout unlawfully and forcibly did rescue and lead away one grey gelding, the property of one [or the said] C. D. [or A. B., the offender] therein lawfully impounded by [the said] C. D., the said gelding having been lately taken by the said E. F. or his servants as a distress damage feasant in a certain meadow of the said E. F. at aforesaid, trespassing and doing damage to the grass therein. (See, however, tit. "Pound-breach," ante, p. 175, Summary Convictions.) EXPLOSIVE SUBSTANCES. Oke's Synop. 134. Having or manufacturing with intent, &c. (9 & 10 Vict. c. 25, 2nd ed. p. 348. s. 8.)]-This Form is at p. 291, No. 32. 1d. Offence 88. Id. Offence 89. EXTORTION. 135. By a Constable. (1 Hawk. P. C. c. 68, s. 1; 2 Salk. 680.)]— being then a constable of the parish of in the said [county], unlawfully, corruptly and by pretext and colour of his said office, by extortion did extort and receive of and from one [or the said] C. D., then in the custody of the said A. B., the sum of, as and for a fee due to him the said A. B. as such constable, whereas in truth and in fact no fee whatever [or no greater fee than the sum of ] was due to the said A. B. as such constable aforesaid. FALSE IMPRISONMENT. 136. Assault and False Imprisonment. (2 Inst. 589; Arch. Cr. Pl. by Jervis, 477.)]—did assault and beat one [or the the said] 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 excuse whatsoever, imprison the said C. D. Id. Offence 90. FALSE PRETENCES. 137. Obtaining Goods, &c. by. (7 & 8 Geo. 4, c. 29, s. 53.)]—did unlawfully and knowingly falsely pretend to one [or the said] C. Ď. that [set out the pretence], by means of which said false pretence the said A. B. did then and there unlawfully obtain from the said C. D. [state what] 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, whereas in truth and in fact the said A. B. [here negative the false pretence], contrary, &c. 138. The like, another form. (From S. Stone's Handbook, p. 146.)]— did unlawfully obtain from one [or the said] C. D certain goods, to wit, ten yards of calico, the property of the said C. D., by means of a certain false pretence then and there made by him, to wit, that he the said A. B. was then the servant of E. F. and had been sent by him to the said C. D. CHAP. II.] FELONY-FISH-FORGERY. 309 for the said goods [setting out the false pretence according to the fact], Oke's Synop. with intent thereby then and there to cheat and defraud the said C. D. of 2nd ed. p. 348. the same, contrary, &c. FELONY. 139. Misprison of. (4 Bl. Comm. 12; 3 Inst. 36.)]-that he the Id. Offence 91. said A. B. being present when a certain person unknown did feloniously [state the felony concealed], at &c., on &c., and well knowing the said person, and intending to obstruct and hinder the due course of law and justice, did unlawfully, wilfully and contemptuously neglect and refuse, and still doth neglect and refuse, to disclose the name and residence of the said person. FISH. 140. Taking or destroying, in private Water adjoining Dwelling-house Id. p. 350. For damaging the ponds, &c. vide tit. " Malicious Injuries," post, FORGERY. 141. Forging a Bill of Exchange. (11 Geo. 4 & 1 Will. 4, c. 66, Id. Offence 93. s. 3.)]-did feloniously forge a certain bill of exchange [or promissory note] in writing for the payment of money, purporting to be the accept- 142. Uttering a forged Bill. (Id.)]-did feloniously offer, utter, dispose of, and put off a certain forged acceptance of [&c. as in No. 141], with intent to defraud one E. F., he the said A. B. then and there well knowing the said acceptance [or indorsement] to be forged, contrary, &c. 143. Forging and uttering a Bank Note. (Id.)]—did feloniously forge 144. Forging, &c. a Banker's Draft. (Id.)]-did feloniously forge [or - and [or a certain order purporting to be an order for the payment of the Oke's Synop. 2nd ed. p. 350. d. Offence 94. sum of by [the said C. D. to the said A. B. [the offender], and purporting to be signed by one G. H., with intent then and there to defraud E. F.], contrary, &c. 145. Forging a Will. (Id.)]-did feloniously forge [or offer, utter, dispose of and put off to E. F., well knowing the same to be forged], a certain will and testament [or codicil], purporting to be [a codicil to] the last will and testament of one C. D., with intent to defraud one E. F., contrary, &c. 146. Forging a Deed. (Id. s. 10.)]-did feloniously forge [or offer, utter, dispose of, and put off to one E. F., well knowing the same to be forged], * a certain deed purporting to be a conveyance from one L. M. to N. O. of certain real estate situate at and to have been signed, sealed and delivered by the said L. M., with intent then and there to defraud [the said] E. F., contrary, &c. 147. Forging or uttering a Bond. (Id)]-Proceed to the asterisk* in Form No. 146, supra, then :-a certain bond for the payment of money, to wit, the sum of purporting to have been signed, sealed and delivered by one [or the said] C. D., with intent to defraud the said C. D., contrary, &c. 148. Forging, &c. an Acquittance or Receipt. (Id.)]—Proceed to the asterisk in Form No. 146, supra, then a certain acquittance and receipt for the sum of [or for certain goods, to wit, ten bales of cotton], purporting to be the receipt of one C. D., with intent to defraud the said C. D., contrary, &c. 149. Forging &c, an accountable Receipt. (Id.)]-Proceed to the asterisk in Form No. 146, then :-a certain accountable receipt, to wit, an order for money [or goods, note, bill, or security for payment of money], purporting to be an order from one C. D. to E. F. for the payment of the sum of [or for the delivery of certain goods, to wit, one shawl], with intent then and there to defraud the said E. F., contrary, &c. 150. Purchasing or having a forged Bank Note, &c. in Possession. (Id. s. 12.)]—did feloniously and without lawful excuse purchase [or receive] from one C. D. [or had in his possession, well knowing the same to be forged], a certain forged and counterfeit bank note [or bank bill of exchange, or bank post bill, or blank bank note, &c.], to wit, a bank note [or as the case may be], for the payment of pounds, [or divers forged and counterfeit bank notes], contrary, &c. 151. Making or having Moulds for making Paper for Bank Notes. (Id. s. 13.)]—did feloniously make [or use] without the authority of the governor and company of the Bank of England*, [or knowingly had in his custody and possession, without lawful excuse,] a certain frame [or mould] called a — for the making of paper, with the words "Bank of England" visible in the substance of the paper [or as the case may be], contrary, &c. [The offences under sect. 17 can be framed from this.] |