Third count. loniously, against the form of the statute in such case made and provided, to falsely make, forge, and counterfeit, within the United Kingdom of Great Britain and Ireland, a certain promissory note, purporting to be the promissory note of a certain foreign state, to wit, the state of Norway, with intent to deceive and defraud the said foreign state, to the evil example of all others, and against the peace, &c. And the jurors, &c. do further present, that the said P. M. heretofore, to wit, on &c. with force and arms, within_that_part of the United Kingdom of Great Britain and Ireland called England, to wit, at &c. did engrave, cut, and make, and cause and procure to be engraved, cut, and made, and knowingly aid and assist in the engraving, cutting, and making, in and upon a certain plate, a certain part of a certain promissory note, in a certain foreign language, to wit, the Danish language, purporting to be the promissory note of a certain foreign state, to wit, the state of Norway, that is to say, the part thereof following: (Here a fac simile of the note inserted.) In English as follows, that is to say, 10 Specie Dollars, In conformity with the Foundation of 1816, pay Norway's Bank a note of the National Bank of Norway; and, 3. That there was no averment or proof that the defendant had not had authority from the Drontheim Bank, to prepare the alleged forgery. As to the first objection, upon which he mainly relied, he insisted that it was fatal to the indictment. In all the numerous counts, the instrument alleged to have been counterfeited was designated only and expressly to be a promissory note, and not one of them had called it a security for the payment of money, &c. pursuant to the language of the act. The court were bound to construe the import of the note produced strictly according to its meaning, as expressed upon the face of it, and not by a reference to the understanding of the witness examined, who merely stated, that, according to his notions, the note was a promissory note, and passed as such in Norway. The other objections, though not so strong, were, however, deserving of serious consideration in a case of this description. The court was of opinion, that the second and third objections were not tenable, but the first appeared to be of weight; however, that the jury was the proper tribunal to determine the question, whether the instrument was in fact a promissory note, and charged them accordingly to determine that question, calling in aid of their judgment their own experience of mercantile transactions, and their knowledge of instruments of the like kind, used in the ordinary dealings between tradesmen in this country. If they were of opinion, that the note was a promissory note, as explained by the evidence they had heard, they were bound to find the defendant guilty; but if not, he was entitled to an acquittal. The jury returned a verdict of guilty; and no further resistance to the judgment being insisted on, sentence of a year's imprisonment was passed on the defendant. In order and with intent feloniously, against the form, &c. to make, forge, and counterfeit, within the United Kingdom of Great Britain and Ireland, a certain promissory note of a certain foreign state, to wit, Norway, with intent to deceive and defraud the said foreign state, against the peace, &c. That A. B. late of &c. being a person of a wicked mind and dis- Indictment for position, and having no regard for the laws and statutes of this soliciting an arrealm, nor fearing the pains and penalties therein contained, within tificer to leave twelve months next before the taking of this inquisition, that is to the kingdom.(k) say, on &c. with force and arms, at &c. aforesaid, unlawfully did contract with one C. D. he the said C. D. then and there being a manufacturer, workman, and artificer of Great Britain, in the manufacture of weaving linen cloth, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called the United States of America, such foreign country not then being within the dominions of, or belonging to, the crown of Great Britain, in contempt, &c. and against the form, (1) &c. and against the peace, &c. (k) By 5 Geo. 1. c. 27. s. 1. It is enacted that "if any person shall contract with, entice, endeavour to persuade, or solicit, any manufacturer or artificer of or in wool, iron, steel, brass, or any other metal, clock-maker, watch-maker, or any other artificer or manufacturer of Great Britain, to go into foreign countries out of the King's dominions, and shall be convicted thereof, upon indictment or information, in any of the courts at Westminster, or at the assizes, or quarter sessions, he shall be fined any sum not exceeding 100l. for the first offence, and shall be imprisoned three months, and till the fine be paid; and if any person having been once convicted shall offend again, he shall be fined at the discretion of the court where such conviction shall be, and imprisoned twelve months, and till the fine be paid. (1) By the 23 Geo. 2. c. 13. "If any person shall contract with, or endeavour to persuade or seduce any artificer in the manufactures of Great Britain to go into any foreign country, not belonging to the crown of Great Britain, and shall be thereof convicted, in twelve months, in the King's Bench, or at the assizes, he shall for every such person forfeit 500l. and be imprisoned in the common gaol for twelve months, and till payment of the forfeiture; and for a second or other subsequent offence, shall forfeit 1,000l. and be imprisoned two years, and till payment;" s. 1, 2; 25 Geo. 3. c. 67. s. 6, 7. This latter act seems to be a repeal of the former, (i. e. the s. 1. thereof) being made to supply the deficiencies of it. There is no discretion left by this act in the court; the punishment directed in it is peremptory: the former act directs the fine for the first offence, to be "in any sum not exceeding 100/." in this the fine of 500l. is peremptory and immitigable, and to be imprisoned for a definite time, and also until the fine be paid; nor are "the sessions," inserted; The King v. Cator, Burr. R. 2026. By the 14 Geo. 3. c. 71. " If any person shall put on board any vessel not bound directly to some port in Great Britain or Ireland any tools or utensils, or part thereof, proper for the cotton or linen manufactures, he shall forfeit the same, and also 200l. ;" s. 1. And by the 21 Geo. 3. c. 37. s. 1. “ If any person shall put on board, or pack, in order to be put on board, any vessel not bound directly to any port in Great Britain or Ireland, or shall bring to any wharf or Second count. And the jurors, &c. that the said A. B. being a person of a wicked mind and disposition, and not regarding the laws and statutes of this realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on &c. at &c. aforesaid, unlawfully did entice, persuade, and solicit the said C. D. he the said C. D. then and there being a manufacturer, workman, and artificer of Great Britain, in the manufacture of weaving linen cloth, then and there being a ma other place, in order to be so put on board any such vessel, any machine, engine, tool, press, paper, utensil, or implement, or any part, model, or plan thereof, proper for the woollen, cotton, linen, or silk manufactures, one justice, on complaint upon oath by one witness, may issue his warrant to seize the same, together with the package, and other goods packed therewith (if any such there be), and to bring the person complained of before him or some other justice; and if he shall not give to such justice a satisfactory account of the purpose to which they are intended to be appropriated, the justice shall cause the same to be detained, and bind the party to appear at the next assizes or quarter sessions, and on neglect or refusal so to do, shall commit him to the gaol or house of correction until the next assizes or sessions, and until delivered by due course of law. And on conviction at such assizes or sessions, upon indictment or information, hẹ shall forfeit all the said goods, and also 2001. and be imprisoned in the common gaol or house of correction for twelve months, and until the forfeiture shall be paid." Also by 22 Geo. 3. c. 60. s. 1. "If any person shall contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman concerned or employed, or who shall have worked at, or been employed in, printing calicoes, cottons, muslins, or linens of any sort, or in making or preparing any blocks, plates, engines, tools, or utensils, for such manufactures, to go out of Great Britain to parts beyond the seas, and shall thereof be convicted (in like manner as is mentioned in the above act of 23 Geo. 2.) he shall for every artificer forfeit 500l. and be committed to the common gaol for twelve calendar months, and until such forfeiture be paid; and in case of a subsequent offence, he shall forfeit for every artificer 1,000l. and be committed for two years, and until such forfeitures be paid.” s. 6. The prosecution must be commenced within twelve calendar months next after the offence shall be committed. And by 25 Geo. 3. c. 67. s. 6. "If any person shall contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman employed or who shall have been employed in the iron and steel manufactures in this kingdom, or in making or preparing any tools or utensils for such manufactures, to go out of Great Britain to parts beyond the seas (except Ireland, and shall be convicted thereof (in manner above), he shall for every artificer forfeit 500l. and be committed, &c. (as in the preceding statute)." 8. 7. The prosecution in like manner to be commenced within twelve calendar months. By 39 Geo. 3 c. 56. seducing and attempting to seduce soldiers from the kingdom of Great Britain, shall be punished in the same manner as persons seducing, or attempting to seduce, artificers and manufacturers. The prosecutor is a competent witness, though entitled to a moiety of the penalty on conviction; 3 Esp. R. 68. nufacture of Great Britain, to go out of &c. (Same to the end as the first count. Third count, "did endeavour to persuade.") And the jurors, &c. that the said A. B. being a person of a Fourth count. wicked mind, &c. (as before) within twelve months next before the taking of this inquisition, that is to say, on &c. at &c. aforesaid, unlawfully did contract with one C. D. he the said C. D. then and there being a workman in the manufacture of linen weaving, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called America, such foreign country not then being within the dominions of, or belonging to the crown of, Great Britain, against the form, &c. and against the peace, &c. § 24. SPRING GUNS AND MAN TRAPS-SETTING. and man traps, under 7 and 8 Geo. 4. c. 18; The setting spring guns and man-traps for the defence of Offence of setproperty with proper notice was in the case of Ilott v. Wilkes, ting spring guns 3 B. and A. 304. holden lawful. But the 7 and 8 Geo. 4. c. 18. s. 1. declares and enacts, "That if any person shall set or place, or cause to be set or placed, any spring gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same, or whereby the same, might destroy or inflict grievous bodily harm, upon a trespasser or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor." them. And by s. 3. it is further enacted, "That if any per- Or continuing son shall knowingly and wilfully permit any such springgun, man-trap, or other engine as aforesaid, which may have been set, fixed, or left in any place then being in, or afterwards coming into, his or her possession or occupation by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid." But by s. 4. these provisions are restricted from extending to engines set up from sun-set to sun-rise in dwellinghouses for their protection; and by s. 5. from rendering illegal gins or traps as may be usually set with the intent of destroying vermin. The punishment may be fine and imprisonment, or either, in the discretion of the court. Indictment for unlawfully setting a spring gun. That A. B. late of &c. on &c. with force and arms, at &c. Indictment for knowingly and unlawfully did set and place, and cause to be set unlawfully setand placed, in a certain wood of him the said A. B. there situate, ting a springa spring gun, being an engine calculated to inflict grievous bodily gun. harm, the same being then and there loaded with gunpowder and leaden shot, with intent that the same might inflict grievous bodily harm Offence under 7 and 8 Geo. 4. c. 29. s. 22. Indictment for stealing a will. upon a trespasser coming in contact therewith, against the form of § 25. WILLS-PURLOINING OR DESTROYING. It is remarkable, that although it has long been felony to alter any part of a will with a fraudulent intention, it was until last year no offence whatever to destroy a will altogether, or to conceal it, which might be equally Το criminal in design, and produce equal mischief. remedy this flagrant defect in the law, the 7 and 8 Geo. 4. c. 29. s. 22. enacts as follows:-“That if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or, for any fraudulent purpose, destroy or conceal any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned (that is, transportation for seven years, or fine and imprisonment, with hard labour, for two years). And it shall not, in any indictment for such offence, be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of any value.” But by s. 24. no person can be convicted of this offence who shall, previous to indictment, have disclosed the fact on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding which shall have been bonâ fide instituted by any party aggrieved; or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt. Indictments. That A. B. late of &c. on &c. with force and arms, at &c. a certain will before then made and executed by one C. D. then and there being found, unlawfully and fraudulently did steal, take, and carry away, against the peace, &c. Indictment for That A. B. late of &c. with force and arms, at &c. a certain concealing a will before then made and executed by one C. D. unlawfully, and will for a fraudu- for a fraudulent purpose, did conceal; that is to say, with the lent purpose. fraudulent purpose and intent of preventing E. F., G. H., and I. K. from obtaining and receiving certain monies, goods, and chattels, in and by the said will, bequeathed to them by the said C. D. at the death of the said C. D. and of obtaining for himself the said A. B. a share thereof as the next of kin of the said C. D. at and after the death of the said C. D. against the form, &c. and against the peace, &c. |