REX v. THOMAS SAVAGE. 1824. THE prisoner was tried before ALEXANDER L.C.B. Upon a chalat the Summer assizes for Huntingdon, in the year cause, the perlenge for 1824, on an indictment for setting fire to a house of son making Thomas Mast, and another house in the occupation, lenge must be of Matthew Wasdale. the chal prepared to prove the indictment on 9 G 1. c. 22. (") for setting fire to a barn; a in support of challenge to the panel, because the inhabitant of sheriff is an the hundred, The counsel for the prisoner objected to the cause. On an panel, because the sheriff was an inhabitant of the hundred in which, the houses set fire to were situated and the offence committed. Before proceeding further, the learned CHIEF BARON pointed out to the counsel for the prisoner the 8th section of the 9 G. 1. c. 22. which disables any one from recovering damages unless he shall, two days after the injury, it is necessary give notice to some of the inhabitants of the town, village, or hamlet near to the place where the fact was committed, and within four days deliver in an examination upon oath before a justice of the peace of the county, liberty, or division where the fact was committed; and asked him whether he was ready to been deliprove these previous requisites. (b) to prove, that been given within two days of the injury, and the notice has that the examination has vered, which the statute re The counsel for the prisoner not being prepared quires, with any evidence of these steps withdrew his challenge. The trial then proceeded, and the prisoner was convicted. (a) The 9 G. 1. c. 22. s. 1. enacts, that if any person shall set fire to any house, barn or out-house, or to any hovel, cock, mow, or stack of corn, straw, hay or wood, &c. and being thereof convicted, he shall be adjudged guilty of felony without benefit of clergy, &c. (b) Vide Fowler v. Inhabitants of the Hundred of Loningborough, 1 Bro. & Bing. 64. 1824. SAVAGE'S Case. The learned CHIEF BARON respited the prisoner, in order that the opinion of THE JUDGES might be taken, whether the suggestion, on which, the challenge to the array was withdrawn was proper; and whether the challenge ought not to have proceeded, and if it had been proved that the sheriff was in a situation giving him by possibility an interest in the trial, whether the challenge should not have been allowed. In Michaelmas Term 1824, THE JUDGES met, and considered this case, and were of opinion that proof of the notice and examination according to the statute was essential to sustain the challenge. 1824. REX v. HENRY FAUNTLEROY. A power of at- THE prisoner was tried before Mr. JUSTICE PARK torney to transfer go- the 2 G. 2. (GARROW B. being present), at the Old Bailey sessions, October 1824, on an indictment for forgery. The indictment contained eleven counts, the first of which charged that the prisoner on the 1st of June, 55 Geo. 3. with force and arms, at &c. feloniously did S C. 2 Bing. falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, c. 25. s. 1. (a) - 413. (a) By 2 G. 2. c. 25. s. 1., it is enacted, that if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly act or assist in the false making, forging or counterfeiting any deed, &c. with intention to defraud any person whatsoever, or shall utter or publish as true, any false, forged, or counterfeited deed, &c. with intention to defraud any person, knowing the same to be false, forged, or counterfeited, every such person being thereof convicted, shall be deemed guilty of felony without clergy. and willingly act and assist in the false making, forging and counterfeiting a certain deed, the tenor of which said false, forged and counterfeited deed is as follows: "KNOW ALL MEN by the presents, that I, Frances Young, of Chichester, spinster, do make constitute and appoint William Marsh, Sir James Sibbald, Baronet, Josias Henry Stracey, Henry Fauntleroy, and George Edward Graham, all of Berners-street, bankers, my true and lawful attorneys, jointly and each of them seperately, for me and in my name and on my behalf, to accept all such transfers as are or may hereafter be made unto me of any interest or share in the capital or joint stock of three per cent annuities, created by an act of parliament of the twenty-fiftli year of the reign of His Majesty King George II., entitled, An Act for converting the several Annuities therein mentioned into several Joint Stocks of Annui▴ ties, transferable at the Bank of England, to be charged on the Sinking Fund, &c.,' and by several subsequent acts. "Also to receive and give receipts for all dividends that are now due, and that shall hereafter become due and payable for the same for the time being. "Likewise to sell, assign, and transfer all or any part of five thousand pounds, being part of my said joint-stock or annuities; to receive the consideration money, and give a receipt or receipts for the same; and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming all that my said attorneys or either of them shall do therein by virtue hereof. And in case of my death, this letter of attorney, as to all matters and things which after my decease shall be done by my said attorneys or either of them, by virtue of, or under colour, or in pursuance hereof, shall, so far as the Governor 1824. FAUNTLEROY'S Case. 1824. FAUNTLEROY'S and Company of the Bank of England are interested "James Tyson, Clerks to Marsh, Sibbald and Co. Bankers, with intent to defraud the Governor and Company of The second count charged the prisoner on the same day and year aforesaid, at &c. aforesaid, with feloniously uttering and publishing as true, a certain false and counterfeited deed, the tenor of which said deed is as follows: (setting it out as in the first count) with intention to defraud the Governor and Company of the Bank of England, the said prisoner at the time of his so uttering and publishing as true the said last mentioned false, forged, and counterfeited deed, then and there to wit, on &c. aforesaid, at &c. aforesaid, well knowing the same deed to be false, forged, and counterfeited, against the statute &c., and against the peace, &c. The third count charged that the prisoner on, &c. aforesaid, at, &c. aforesaid, feloniously did dispose of and put away a certain false, forged, and counterfeited deed, the tenor of which said deed is as follows (as in the first count), with the like intent; the said prisoner at the said time of his so disposing of and putting away the said last mentioned false, forged, and counterfeited deed, then and there to wit, on &c. aforesaid, at &c. aforesaid, well knowing the same deed to be false, forged, and counterfeited, against the statute, &c. and against the peace, &c. The fourth, fifth, and sixth counts were the same as the first, second and third, only stating the intent to be to defraud Frances Young. The seventh, eighth, and ninth counts were also the same as the first, second, and third, only stating the intent to be to defraud one William Flower. The tenth count charged, that the prisoner, on, &c. aforesaid, at, &c. aforesaid, feloniously did forge and counterfeit, and procure to be forged and counterfeited, and knowingly and wilfully act and assist in the forging and counterfeiting a certain letter of attorney, to transfer and assign a certain share of one Frances Young, of and in the capital stock of certain annuities called consolidated three pounds per cent. annuities, established by 25 G. 2., and by divers subsequent acts of parliament in that behalf made and provided; the tenor of which said forged and counterfeited letter of attorney was as follows, (setting out 1824. FAUNTLEROY'S |