NOTTINGHAM ASSIZES. (Crown Side). BEFORE MR. JUSTICE COLTMAN. 1846. REGINA v. MARY GOODCHILD. THE prisoner was indicted on the stat. I Vict. c. 85, s. 6 (a), for using a certain instrument, with intent to procure the miscarriage of a woman named Snowdon. 1 Vict. c. 85, for using an with intent to procure the It was proved, that the woman on whom the instrument instrument had been used had died shortly after; and it appeared, on an examination of her body after death, that she was not pregnant at the time when she was operated upon by the prisoner. Miller, for the prisoner, objected, that, as the woman Snowdon was not pregnant when the instrument was used by the prisoner, this was not a case within the stat. 1 Vict. c. 85, s. 6. (a) By which it is enacted, "That whosoever, with intent to procure the miscarriage of any woman, shall unlawfully administer to her, or cause to be taken by her, any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of his or miscarriage of immaterial whe a woman, it is ther the woman COLTMAN, J., reserved the point for the consideration of 1846. REGINA the fifteen Judges. v. GOODCHILD. J. Macaulay, for the prosecution. Miller, for the prisoner. Verdict-Guilty (b). IN the ensuing term the case was considered by the fif teen Judges, who held the conviction right. (b) Under the provisions of the stats. 43 Geo. 3, c. 58, and 9 Geo. 4, c. 31, as to this offence (which are now repealed) it was essential to the offence that the woman should have been with child at the time of its commission, Rex v. Scudder, 3 C. & P. 605, 1 M. C. C. 216; but the terms of these enactments are different from those of the stat. 1 Vict. c. 85, s. 6. WARWICK ASSIZES. BEFORE LORD CHIEF JUSTICE TINDAL. A. was at the Spring Assizes of 1846 in dicted for steal ing a horse on the 26th day of February, 1841. He had, in 1842, been convicted of felony REGINA V. HARROD. HORSE-STEALING.-The prisoner was indicted for stealing a horse on the 26th day of February, 1841. He pleaded not guilty, and the charge was proved; but when called upon for his defence, he put in a certificate, which he offered as proof of a free pardon. and sent to the Hulks, from which he was discharged in February, 1846. He produced a certificate of his discharge, which stated, that "J. H., who was convicted at Worcester on the 22nd of June, 1842, is this day discharged in consequence of having received a free pardon:"-Held, that, if this pardon had been regularly proved, it would have been no bar to the charge of horsestealing, as the pardon was expressly confined to another felony. The certificate was in the following words : "I certify that Jeremiah Harrod, who was convicted at Worcester on the 22nd June, 1842 (a), is this day discharged, in consequence of having received a free pardon. Dated on board the Justitia Hulk, at Woolwich, the 26th February, 1846. "W. H. Hurton, Officer in Command." Verdict--Guilty. TINDAL, C. J., having referred to the proviso contained in the 13th section of the stat. 7 & 8 Geo. 4, c. 28 (b), doubted whether, if regular proof of a free pardon had been given, instead of the informal proof thereof tendered by the prisoner, it would have been a defence to the present charge. His Lordship passed sentence on the prisoner, but reserved the case for the consideration of the fifteen Judges. THE case was afterwards considered by the Judges, who held the conviction right, as the pardon was expressly confined to another felony. (a) The prisoner was convicted at the Worcestershire Midsummer Sessions, 1842, of having, on the 4th of October, 1841, stolen a wheelbarrow. (b) By the stat. 7 & 8 Geo. 4, c. 28, s. 13, it is declared and enacted, "That where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal sign manual, counter-signed by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody, in the case of a free pardon, and the performance of the condition in 1846. REGINA v. HARROD. 1846. MIDLAND SUMMER CIRCUIT, 1846. WARWICK ASSIZES. (Crown Side.) BEFORE MR. JUSTICE COLERIDGE. The treasurer to the guardi ans of the poor of Birmingham, appointed under the stat. 1 & 2 Will. 4, c. lxvii, (local personal), is a servant of the guardians, and as such is indictable for embezzlement. REGINA V. JOSEPH PIERCY YEOMANS WELCH. EMBEZZLEMENT.-The first three counts of the indictment, which were framed on the stat. 7 & 8 Geo. 4, c. 29, charged that the prisoner, being servant to the guardians of the poor of the parish of Birmingham, received the three sums of money mentioned in these counts respectively, and embezzled them. The fourth count charged the prisoner with a larceny as a servant in stealing the monies of the guardians, his masters. The appointBy the stat. 1 & 2 Will. 4, c. lxvii. (loc. & pers.), which is "An ment in writing Act for the better regulating of the Poor within the Parish of Birmingof a person to ham," the guardians of the poor of the parish of Birmingham are be such treasurer, at a [by sect. 7] incorporated by the name of "The Guardians of the Poor of the Parish of Birmingham,” and are to "have a common seal." yearly salary, requires a stamp. But if such appointment be not receivable in evidence for want of a stamp, a re cital in a bond executed by him is sufficient evidence of his By sect. 33, the guardians are empowered "to appoint one or more treasurer or treasurers, clerk or clerks, governor or governors, steward or stewards, matron or matrons, surgeon or surgeons, and such other officer or officers, servant or servants, as they shall think fit," for the carrying of this act into execution, and for the government, ordering, employment, and regulation of the poor, and to fix salaries appointment, and his duties may be shewn from the clauses of the local act of Parliament under which he is appointed. or other remuneration, and pay the same out of the monies raised for the relief of the poor. By sect. 40, they are required to take sufficient security from the treasurer for the due and faithful execution of his office by his bond, and by that of two or more persons as his sureties; and by sect. 41, it is enacted, "that every treasurer, officer, and other person, who shall be appointed or continued by virtue of this act, or the said recited act [23 Geo. 3, c. liv.], and also every other person to whom the collection and receipt of the rates and other monies hereby authorised to be raised shall, under the provisions herein contained, belong, shall, from time to time, whenever thereunto required by the said guardians for the time being, make out and deliver to the said guardians, or the clerk of the said guardians, a true and perfect account in writing under his hand of all monies which shall have been by him had, collected, or received for the purposes of this act, and how, and to whom, and for what purpose the same and every part thereof hath been disposed of, together with the vouchers and receipts for all such payments, disbursements, and dispositions, which shall have been, or shall be alleged to have been, made thereof; and every such treasurer, collector, officer, and person respectively, shall and is hereby required to pay to the said guardians, or such other person as they shall, at any meeting of guardians, appoint to receive the same, all such monies as upon the balance of such account shall appear to be due and owing from him on account of monies authorised to be raised for the purposes of this act, or the said recited act, to the said guardians ;" and in case of refusal or neglect to deliver such account or the vouchers, or to pay the balance when required, two justices, on complaint of the guardians, may hear and determine the matter in a summary way, and settle the account, if produced, as the guardians might have done; and if it shall appear that any of the monies which shall have been collected or received shall be in the hands of, or owing from, such treasurer, officer, or person, upon non-payment, it may be levied by distress and sale of his goods and chattels; and if sufficient cannot be found, or if he shall not appear without sufficient excuse, or if appearing he shall neglect to deliver an account, &c., he shall be committed to the House of Correction, until he shall have paid the money or given satisfaction: Provided always, that no person committed for want of a sufficient distress only shall be detained in prison for any longer term than six calendar months. On the part of the prosecution, it was proved by Mr. Bynner, the vestry clerk, that the following was the only appointment in writing of the prisoner as treasurer; it was contained in the book of the proceedings of the guardians. It was as follows: 1846. REGINA v. WELCH. |