1833. HARRIS'S the prisoner being already in confinement under a sentence of imprisonment, which would not expire until after that time. The point reserved for consideration was, whether under the circumstances the indicment was maintainable. The case was considered at a meeting of THE JUDGES in Michaelmas term, 1833, all of whom were present (except Lord LYNDHURST, PARK J., and BOLLAND B.), and they held the conviction right.* 2 Bac. Ab." Forgery." R. v. Wilcox, R. & R. 50. 1833. Knowingly selling plate THE REX v. WILLIAM HOPE. prisoner was convicted before Mr. JUSTICE PAT with the king's TESON at the Summer assizes, 1833, for the county of Devon, for selling plate with the king's mark forged upon it, knowing it to be forged. mark forged on it is not capital, but only subject to transportation. The case was clearly made out; but the judgment was respited, in order to take the opinion of THE JUDGES, as to the proper sentence to be passed. The learned JUDGE's impression at the time being that the offence was still capital; but having great doubt on the subject, he postponed the sentence. The indictment was framed upon the 55 G. 3. c. 185. s. 7., which, after enacting that if any person shall forge any stamp, mark, or die, goes on with these words, "or if any person shall sell, exchange, or expose to sale, or export out of Great Britain, any such gold or silver plate, or any vessel or ware of base metal having thereupon the impression of any such forged or counterfeited mark, stamp, or die as aforesaid, or any forged, counterfeited, or resembled im pression of any mark, stamp, or die so provided, made, or used as aforesaid, with intent to defraud his Majesty, &c., he shall be guilty of felony, without benefit of clergy." Prior acts, viz. 24 G. 3. sess. 2. c. 53. s. 16., and 52 G. 3. c. 143. s. 7., had contained similar provisions. The 11 G. 4. and 1 W. 4. c. 66. s. 1. is in these words:"Whereas several offences relating to forged writings, and to other forged and counterfeit matters, and to false personation, false oaths, false entries, and other false matters, are now, by virtue of several statutes, punishable with death; and whereas it is expedient that none of those offences shall hereafter be punishable with death, unless the same shall be made punishable with death by this act; and also that the statutes concerning such of those offences, whether punishable with death or otherwise, as may more frequently or seriously affect the interests of his Majesty or his subjects, should be amended and consolidated into this act; be it therefore enacted, &c. that where by any acts now in force any person falsely making, forging, counterfeiting, erasing, or altering any matter whatsoever, or uttering, publishing, offering, disposing of, putting away, or making use of any matter whatsoever, knowing the same to be falsely made, forged, counterfeited, erased, or altered, or any person demanding or endeavouring to receive or have any thing, or to do or to cause to be done any act upon or by virtue of any matter whatsoever, knowing such matter to be falsely made, forged, or counterfeited, erased, or altered, would, according to the provisions contained in any of the said acts, be guilty of felony, and liable to suffer death as a felon, &c. such person shall not suffer death for the same unless the same be made punishable with death by 1835. HOPE'S 1833. HOPE'S Case. this act, but shall be liable, at the discretion, of the Court, to be transported for life, or any term not less than seven years, or to be imprisoned for any term not exceeding four nor less than two years. By subsequent sections certain forgeries are made punishable with death, but such a forgery as the present is not one of them. The 31st section of the same act repeals a great many former acts which made forgery capital, beginning with 25 E. 3. and ending with 4 G. 4., but does not enumerate the 55 G. 3. c. 185. s. 7., nor the 24 G. 3. c. 53. s. 16., nor 52 G. 3. c. 143. s. 7. Then came 2 & 3 W. 4. c. 123., which takes away the punishment of death for any offence whatsoever, for which the said act (11 G. 4. and 1 W. 4. c. 66.) enjoins or authorizes the infliction of the punishment of death, and therefore has clearly no application to the present question. This case was considered in Michaelmas term, 1833, by all the learned JUDGES (except Lord LYNDHURST C. B., PARK J., and GURNEY B.), and it was held that the offence was liable only to transportation, under 11 G. 4. and 1 W. 4. c. 66. 1834. composed of REX v. JOHN STALLION. An open shed THE prisoner was tried and convicted before Mr. in a farm yard, JUSTICE LITTLEDALE, at the Summer assizes, 1833, upright posts for the county of Cambridge, upon an indictment, one pieces of wood count of which charged him with setting fire to an out supporting laid across them, and covered with house of William Deans; another count with setting straw as a roof, is an out-house within the meaning of 7 & 8 G. 4. c. 50. s. 2. fire to a coach-house of William Deans; and another count with setting fire to a building and erection of William Deans, then used by the said William Deans in carrying on the trade of a poulterer. The learned JUDGE passed sentence of death upon him, but subsequently thought it right to take the opinion of THE JUDGES, whether the conviction were right, and respited the execution. The prosecutor was a labourer and poulterer, and had between two and three acres of land, and kept three cows. The building in question was in the prosecutor's farm yard, and was three or four poles from the prosecutor's dwelling house, and might be seen from it. The prosecutor used it to keep a cart in, which he used in his business of poulterer, and also to keep his cows in at night. There was a barn adjoining the dwelling house, then a gateway, and then another range of buildings which did not adjoin the dwelling house or barn; the first of which from the dwelling house was a pig sty, and adjoining that was another pig sty, and adjoining that was a turkey house, and adjoining the turkey house was the building in question. The dwelling house and barn formed one side of the farm yard, and the three other sides were formed by a fence inclosing these buildings. The building was formed by six upright posts nearly seven feet high, three in the front and three at the back, one post being at each corner and the other two in the middle of the front and back, these posts supporting the roof; there were pieces of wood laid from one side to the other. Straw was put upon these pieces of wood-laid wide at the bottom, and drawn up to a ridge at the top; the straw was packed up as close as it could be packed; the pieces of wood and straw made the roof. The front of the building to the farm yard was en 1833. STALLION'S 1833. STALLION'S tirely open between the posts; one side of the building adjoined the turkey-house, which covered that side all the way up to the roof, and that side was nailed to the turkey-house. The back adjoined a field, and was a rail fence, the rails being six inches wide; these came four or five feet from the ground, within two feet of the roof, and this back formed part of the fence before mentioned. The side opposite the turkey shed adjoined the road, and was a pale fence, but not quite up to the top. One of the witnesses for the prosecution, a considerable farmer, said, that he should call the building in question an out-house. About half-past two o'clock, in the afternoon of the 12th June last, smoke was seen to issue from the bottom of the roof, in the corner between the field above mentioned and the road; there was a good deal of smoke in the straw; some handfuls of straw were pulled out; there were sparks in the straw when upon the ground, but no sparks were seen in the straw upon the roof; no flame was seen; a ball of linen was pulled out of the roof with the straw; smoke and sparks came from the ball; the ball was trod out; the ball was burnt right through on one side; three or four pails of water were brought, and the fire on the roof was extinguished by throwing some of the water upon it. On the following day, two half matches were found in the straw on the ground which was pulled from the roof, but there was no appearance of burning in those. On the same day, several handfuls of straw were taken out of the roof, and there was burnt straw in some of these handfuls; and on the same day, on examining the straw lying on the ground down by the building, there were some burnt ashes, and the ends of some of the straw were burnt, and the ends |