or assume the name or character of any officer, seaman, or other person entitled to wages, pay, prizemoney, &c. or his executor, administrator, wife, relation, or creditor, in order to receive his wages, &c. or to forge any power or authority whatsoever for that purpose, or (by 9 Geo. III. c. 30. s. 6.) to utter the same, &c. is felony without clergy ...329 2 On an indictment on this statute for taking a false oath to obtain administration to a seaman's effects, in order to receive his wages, it is necessary to prove directly and positively that it was the prisoner who took the oath, Brudy's case......327 1 May give evidence in criminal prosecutions, by holding up his hand and repeating the form of oath his 3 religion requires, without kissing the book, Meldrone's case ......412 2 So a Scotch covenanter may be sworn as a juryman in the same way, Walker's case ......498 4 6 This statute applies only to such seamen as belong to King's ships, Gibson's case .448 5 By 49 Geo. III. c. 123. s. 13. to forge or assist in forging any order or certificate, for the purpose of receiving prize-money due to any petty officer or seaman in the King's service, or knowingly to utter the same, is a capital offence......1097 A wife who by the incitement of her husband utters, in his absence, any such forged order, &c. may be convicted as a principal on the above statute, notwithstanding the coverture; and her husband may be in the same indictment, charged and convicted as an accessary before the fact, at common law, Rex v. Morris and his wife........1096 h SERVANTS. 1 If a master deliver to his servant money or goods, for a special purpose, and he converts the same to his own use, it is felony, and Watson's case to the contrary, held not to be law, Rex v. Wilkins........520 2 So where a master delivers bills to his clerk, witn directions to send them to his bankers, instead of which, he converts them to his own use, Rex v. Paradice.....523, cited. 3 So if goods be delivered to a porter to carry to his master's customer, and he stops by the way, opens the parcel, and sells part of its contents for his own use, Bass's case, 251 4 So if money be delivered to a clerk with directions to carry it to a particular person, who was afterwards to give the master bills for the amount, but instead of so doing, the servant applies it to his own use, it is felony, Lavender's case, 870, cited. 5 So if the servant of a corn-factor be sent with his master's barge, to receive corn from a ship, the cargo of which his master had previously purchased, and he goes away with, but instead of putting them into his master's drawer, he puts them into his own pocket, and converts them to his own use, Bazeley's case...835 9 But now by 39 Geo. III. c. 85. servants or clerks fraudulently secreting property received by them to the use of their masters, are made ........849 guilty of felony....... 10 By 52 Geo. III. c. 63. the 39 Geo. III. is extended to other persons and other things, Walsh's case.1082 11 A servant embezzling money received from a customer, to whom the master had given it for the purpose of trying the servant's honesty, is within the penalties of these statutes, Whittingham's case.........912 SHIPS. 1 By 4 Geo. I. c. 12. and 11 Geo. I. c. 29. if any owner, captain, master, mariner, or other officer belonging to any ship, shall wilfully cast away, burn, or otherwise destroy the same, or in any wise procure the same to be done, to the injury of the underwriter, he shall suffer death, without the benefit of clergy, 47 2 A person who is accessary to a felonious shipwreck, is not within these statutes, unless he belong to the ship, Pow's case...............45 By 26 Geo. II. c. 19. against plundering ships when wrecked, the felony, when committed in Wales, may be tried in the next adjoining English county, and to this purpose Salop is the next county to Anglesea, Parry's case .............. ...108 and converts to his own use the corn so loaded into his master's barge, it is felony, Spear's case, 825 6 So although the servant separates part of the cargo from the rest, on board the ship, and carry away the corn so separated in another barge, yet that is a taking from the possession of the master, and felony, Abrahat's case......... ..824 7 But if the master never had either the actual or constructive possession of the property taken on his account by his servant, the conversion of it to his own use is not felony, Waite's case .28 8 As where a banker's clerk receives money or bills at the shop counter, 4 An accessary upon land to a felonious shipwreck afterwards committed on the high seas is not within the jurisdiction of the Admiralty, Pow's case................. .......45 Same point, Easterby's case......947 5 By 43 Geo, III. c. 113. the statutes or if any person or persons shall, "by gift or promise of money or other reward, procure any of his "Majesty's subjects to join him or "them in any such unlawful act, every person so offending shall "suffer death without clergy."..64 2 By 43 Geo. III. c. 58. if any person shall wilfully, maliciously, and unlawfully shoot at, or present, point, or level any kind of loaded firearms at another, and attempt, by drawing a trigger, or in any other manner, to discharge the same at him, he and his accomplices shall, (if death had ensued, and the homicide would have been murder,) be guilty of felony without clergy, 929, notis. 3 Therefore persons present, aiding and assisting, although they do not actually shoot, or carry fire-arms for that purpose, are principals within the penalties of these Acts; for this offence is a new created felony, and therefore possesses all the incidents of a felony at common law, Coalheavers' case..... ........64 4 Thus where Sims held a brood mare belonging to the prosecutor, while Midwinter gave her a mortal blow, both were excluded from clergy, Midwinter and Sims's case, 66, notis. 5 A private prosecutor upon the 9 Geo. I. c. 22. has an option to prefer his indictment in such county as he shall think most favourable to the ends of justice, R. Mortis's case, 73 6 It is not necessary in an indictment on this statute to state the name of the person in whose house the offence was committed, but if stated, it must be strictly proved, Durore's case..... ..351 7 8 Wilfully shooting at another, in a One of three prisoners may be 9 And this law which was before held ....... pass, or I will blow your brains out," at the time he fired, the firing wounding the party, either by the wadding or the ball, is sufficient evidence of that fact, Weston's case ...... ....247 ...... 14 And see the 43 Geo. III. c. 58. by which the objects of 9 Geo. I. c. 22. are enlarged and explained...226, 1 SHOPLIFTING. notis. 1 By 10 & 11 Will. III. c. 23. whoever shall, in any shop, warehouse, coachhouse, or stable, privately and feloniously steal any goods, wares, or merchandise, to the value of five shillings, or shall assist, hire, or command, any person to commit such offence, shall be excluded from the benefit of clergy. 2 But a person who is not present in the shop, &c. at the time the offence is committed, but waits at the corner of the street to receive the goods, is not within the statute, Wild's case, 17, notis. 3 The warehouse of a Blackwell Hall factor, where goods are deposited for exportation, and not exposed to sale, as in shops, but are kept inclosed in their respective packages, is not a warehouse within 10 & 11 Will. III. c. 23. Godfrey's case..287 4 The coachman's livery-coat is in law considered as goods belonging to a stable, within the meaning of 10 & 11 Will. III. c. 23. John Sea's case, 304 5 Shops and warehouses when they are mere repositories for goods, and not places of sale, are not within the meaning of 10 & 11 Will. III. c. 23. Stone's case............... .334 6 Therefore stealing a watch left at the shop of a watchmaker to be mended, or a shirt left at the shop of a draper to be sent to the sempstress, is not within the Act; for though it is a shop, yet, quoad these articles, it is not a place of sale, 334, notis. 7 It seems also that money is not within 2 3 By the 6 Geo. III. c. 36. s. 1. if any roots, shrubs, or plants, be taken or destroyed in the night time, to the value of five shillings, which shall be growing, standing, or being in any garden ground, nursery ground, or other inclosed ground, the offender, his aiders, abettors, and knowing receivers, may be prosecuted for the felony, and transported, Howe's case....... .........481 But the Court is not bound to pass sentence of transportation under this statute, but may pass any other sentence applicable to a single larceny, ibid...... .......481 By 6 Geo. III. c. 48. s. 3. if any root, shrub, or plant, be taken or destroyed, out of the fields, nurseries, gardens, garden grounds, or other cultivated lands, without the owner's consent, the offender shall, on conviction before one justice, forfeit for the first offence, 40s. and charges, and for the second offence, any sum not exceeding 51. and charges; and for the third offence, he may be transported for seven years, Howe's case..... .............481 4 But 6 Geo. III. c. 36. s. 1. is not repealed by the 6 Geo. III. c. 48. s. 3. for being passed the same session, they are to be considered in pari materia, as composing one law, ibid.481 The plant called the sweet bay, is within the 6 Geo. III. c. 36. the breaking, spoiling, destroying, or carrying away of which in the night to the value of 5s. from any inclosed ground, is indictable as felony, Howe's case ......483 Plants and shrubs, as described by 6 Geo. III. c. 48. under the value of 5s. are protected from depredation by night and day by this statute 483 5 6 SIGN-MANUAL. 1 The sign-manual may be given in evidence on an indictment for returning from transportation, Maximilian Miller's case..............74 2 The sign-manual promising a pardon to a convict, cannot be pleaded as a pardon, and therefore the allowance of it will not restore the convict to his competency as a witness, Gully's case... ......98 SMUGGLING. 1 A commitment on the 19 Geo. II. c. 34. for assisting to rescue smuggled goods, need not state that the prisoner was armed; for to constitute this offence it is not necessary that every individual assembled should be provided with an offensive weapon, Franklyn's case....255 2 But, on an indictment for obstruct ing a seizure, some evidence must be given, to shew that there was proble cause to suspect that the goods seized were liable to seizure, Shelley's case..... ..........................340, notis. 3 The substantive clauses of the 19 Geo. II. c. 34. enumerated, 255, 339 4 There must be a deliberate assembling to bring offenders within the penalties of this statute, Hutchinson's case..... .342 5 By 11 Geo. II. c. 30. s. 22. persons acting as excise-officers in the execution of their duty, shall, on proof that they were so acting, be taken to be excise-officers until the contrary appear, Shelley's case, 340, notis. 6 On the trial of an indictment on the 19 Geo. II. c. 34. it must be proved that the prisoner was armed with an offensive weapon, Fletcher's .........23 7 What species of instrument shall be considered as an offensive wea or 1 By 53 Geo. III. c. 108. all offences against stamp duties may be tried, inquired of, and determined, either where the offence is committed, the offenders, or any of them shall be apprehended...................1050, marg. 2 By 44 Geo. III. c. 98. all anterior Stamp Acts are repealed, and new stamp duties thereby imposed, Bullock's case....... .........996 3 An indictment for forging medicine stamps need not set out a facsimile of the stamps; stating the charge generally in the words of the statute, is sufficient, Collicott's .1048 case..... 4 By 49 Geo. III. c. 80. it is an offence to have forged excise stamps knowingly in possession.........109 5 A forged bill of exchange, though not stamped pursuant to the statutes of 23 Geo. III. c. 49. and the |