V. Effect of the Writ.-Page 213. Upon an appeal to the quarter-sessions against a conviction, the conviction was quashed subject to a case reserved for the opinion of the court of King's Bench, and the court sent back the case to be re-stated. The sessions then proceeded to re-hear the case and receive further evidence, and made a new order confirming the conviction, subject to a case. It was held that the certiorari, by which the original order was removed, did not operate to remove the subsequent order. And the party, wishing to contest such order, must obtain a certiorari and remove it. R. v. Bloxam, 1 A. & E. 386. VII. Costs. Page 217. § 9.-Where the prosecutor of an indictment has re- Where prosecumoved it by certiorari, and there is no irregularity in the proceed- tor not liable. ings, the court of King's Bench cannot upon any representation of hardship imposed upon the defendant, oblige the prosecutor to pay him his costs incurred in the court below. R. v. Passman and others, 1 A. & E. 603. 2 Dow, P. C. 529. S. C. Where a prosecutor, having removed an indictment by certiorari, Where prosegives notice of trial for the assizes, and after bringing down the cutor liable. record withdraws it on the day of trial; the court of King's Bench will, on motion, grant a rule to compel the prosecutor to pay the defendant the costs of the day. But it seems that the judge at nisi prius has not power to make such an order. R. v. Watton, 4 C. & P. 229. Bolland, B. Page 217. § 10.-Rated inhabitants of a parish prosecuting rioters who prevented them from attending a vestry meeting, are entitled to costs. R. v. Thompkins, Lyall, and others, 2 B. & Ad. 287. In order to entitle prosecutors to costs, under the 5 W. & M. c. 11. s. 3. after the removal of an indictment by certiorari, they must show not only that they are the prosecutors, but also that they are parties grieved. Therefore, where the expenses of a prosecution had been defrayed by a public subscription, it was held that, in such a case, the prosecutors were not parties grieved, within the meaning of the statute. R. v. Cook, 1 Man. & Ry. 526. A person who is merely a nominal prosecutor, although a party libelled, (the prosecution being really carried on by others in his name) is not the party grieved or injured" within the meaning of 5 W. & M. 11. C. s. 3. R. v. Dewhurst, 5 B. & Ad. 405, and see also R. v. Edwards, 5 B. & Ad. 407. n. (a). Champerty. Page 222. § 9. What party prosecuting entitled to costs. What party prosecuting not entitled to costs. An agreement between the seller and purchaser of an estate,- What is not. that the purchaser, bearing the expense of certain suits previously commenced by the seller against an occupier for arrears of rent, should have the rent to be so recovered, and any sum that could be recovered for dilapidations, and that the purchaser might also (bearing the expenses) use the seller's name, in any action he might What is. think fit to commence against the occupier, for arrears of rent or dilapidations, is not void, as savouring of champerty. For there is no champerty in an agreement, to enable the bona fide purchaser of an estate to recover for rent due, or injuries done to it, previously to the purchase. Williams v. Protheroe, 5 Bing. 309. But where a party covenanted to use his best exertions and influence to procure evidence, whereby A. B. would be enabled to recover a large sum of money, in consideration of A. B. paying to him oneeighth share of the sum so recovered; this was held clearly to amount to the offence of champerty; for it was a contract for the purchase of an interest in a law-suit, by the party having stipulated, -not indeed to pay money for such interest, but to do what was still more calculated to prevent the fair and impartial administration of justice, namely, to procure evidence to support the litigated claim of A. B. Stanley v. Jones, 7 Bing. 369. Unstamped order. Obtaining credit. By a forged order, felony. Evidence. Indictment. Cheats. II. Under 7 & 8 Geo. 4. c. 29. Page 229. § 2.-An unstamped order upon a banker for the payment of money (27.) which ought to be stamped, under 55 G. 3. c. 184. is not a valuable security within the 7 & 8 G. 4. c. 29. s. 53 ; because it would be a breach of the law in the banker to pay it, and he would have subjected himself to the penalty of 501. by paying it. R. v. Yates, Ry. & M. C. C. 170. Page 231. § 15.-Merely obtaining credit in account from the party's own banker, by drawing a bill on a person on whom the party has no right to draw,- though it has no chance of being paid, -is not within the 7 & 8 G. 4. c. 29. s. 53; notwithstanding the banker afterwards pays money for the party upon the faith of such bill, to an extent which he would not otherwise have done. R. v. Wavell, Ry. & M. C. C. 224. § 18.-If a person obtains goods by means of a forged order, this is an uttering a forged order and a felony within 11 G. 4. & 1 W. 4. c. 66. s. 10; and such person cannot be indicted for the misdemeanor of obtaining the goods by means of a false pretence, under 7 & 8 G. 4. c. 29. s. 53. R. v. Evans, 5 C. & P. 553. Taunton, J. IV. Indictment, Evidence, &c-Page. 233. An indictment, for obtaining goods under false pretences, which stated that the prisoner "unlawfully, knowingly, and designedly, did feloniously pretend," &c.; was held bad, and the prisoner was therefore acquitted. R. v. Walker, C. C. C. 6 C. & P. 657. Where a false pretence was contained in a false letter, which had been lost before the trial, parol evidence was admitted of the contents of the letter. R. v. Chadwick, 6 C. & P. 181. Tindal, C. J. Where a prisoner was indicted, under 7 & 8 G. 4. c. 29. s. 53. for obtaining money under false pretences, the defence set up was that the prosecutor had conspired with others to entrap the prisoner into the commission of the offence; but it was held that this was no answer to the charge. R. v. Joseph Adey, 7 C. & P. son and Vaughan, Js. Chelsea Hospital. Patte By 7 G. 4. c. 16. The several acts relating to Chelsea Hospital 7 G. 4. c. 16. are consolidated. By section 16. Justices of the peace, and other public officers, Perjury. may inquire into the truth of any certificate, &c. on oath; and persons swearing falsely are to be guilty of perjury. By section 25. If any person shall by the sending or production of any false certificate or any altered certificate or discharge, instructions or other document, knowing the same to have been fraudulently altered, or by making any false representation, obtain or endeavour to obtain for himself or any other person from the commissioners of the said hospital at Chelsea, any pension or increase of pension or other allowance of money, or any enrolment or other privilege or advantage; such persons to be deemed guilty of a misdemeanor and punished accordingly, and for ever forfeit all claim to any pension, &c. By section 27. The secretary and four senior clerks of the hospital may administer certain oaths; and parties swearing falsely are by section 28. made guilty of perjury. By section 33. If any agent or clerk, employed in paying the pen- Extortion. sions, shall take or exact any fee or reward whatsoever for paying the same; he forfeits his office, and also the sum of 1007., and is incapable of filling any office. By section 34. If any pensioner shall unlawfully pawn, sell, em- Pawning bezzle, secrete, or dispose of, or if any pawnbroker or other person clothes. shall unlawfully take in pawn, buy, exchange, or receive, any clothes, linen, stores, or other things, marked or stamped, or branded with the words "Chelsea Hospital;" or if any pensioner, or other person, shall cause such mark to be obliterated or defaced; or shall knowingly and unlawfully pawn, sell, or dispose of, or shall knowingly take in pawn, buy, exchange, or receive, any clothes, or other articles belonging to the said hospital; or shall secrete, embezzle, or not duly account for them,-whether marked or unmarked,—such articles having been intrusted or delivered to him for any purpose whatsoever; the offender incurs a penalty not exceeding 201., on summary conviction before a justice of the peace, on the oath of one witness, to be levied by distress; one moiety to be paid to the informer, and the other to the hospital; and in default of distress, or in case the justice shall consider that the offender is likely to abscond before the penalty can be levied, then he may be committed for three calendar months, or until the penalty shall be paid. By section 35. In all indictments and other proceedings for any offences against the act, it shall be sufficient to charge the same as being done, with intent to defraud "the lords and others, commis sioners of the Royal Hospital for soldiers at Chelsea, in the county of Middlesex." Indictments. By section 38. If any person shall willingly and knowingly per- Personation of sonate or falsely assume the name or character; or procure any other pensioners. Forgery of documents. to personate or falsely assume the name or character of any officer, non-commissioned officer, soldier, or other person, entitled or supposed to be entitled to any pension, wages, pay, grant, or other allowance of money, prize money, or relief due or payable, or supposed to be due or payable for or on account of any service done or supposed to be done by any such officer, non-commissioned officer, soldier, or other person as aforesaid in His Majesty's army, or other military service, or shall personate or falsely assume the name or character of the executor or administrator, wife, relation, or creditor, of any such officer, non-commissioned officer, or soldier, or other person as aforesaid, in order fraudulently to receive any pension, wages, pay, grant, or other allowance of money, prize money, or relief due or payable, or supposed to be due or payable for or on account of any services done or supposed to be done by any such officer, non-commissioned officer, soldier, or other person as aforesaid; or if any person shall forge or counterfeit or alter, or cause or procure to be forged or counterfeited or altered, or knowingly and willingly act, aid, or assist, in forging, counterfeiting, or altering the name or handwriting of any officer, non-commissioned officer, soldier, or other person, entitled or supposed to be entitled to any pension, wages, pay, grant, allowance of money, prize money, or relief, due or payable or supposed to be due or payable, for or on account of any such service or supposed service as aforesaid, or the name or handwriting of any officer, under officer, clerk, or servant of the said commissioners of the said hospital at Chelsea, or of any officer or person in any way concerned in the paying or ordering, directing or causing the payment of the said pensions, wages, pay, money, allowance of money, prize money, or relief, or any of them; or shall forge, counterfeit, or alter, or cause or procure to be forged, counterfeited, or altered, or knowingly and willingly act, aid, or assist, in forging, counterfeiting, or altering, any letter of attorney, bill, ticket, order, certificate, voucher, receipt, will, or any other power, instrument, warrant, document, or authority whatsoever, relating to or any-wise concerning the payment or obtaining or claiming any pension, wages, pay, grant, allowance of money, prize money, or relief, for and in order to the receiving, obtaining, or claiming, any such pension, wages, pay, grant, allowance of money, prize money, or relief, or shall utter or publish as Knowingly ut- true, or knowingly and willingly act, aid, or assist in uttering or tering forgeries. publishing as true, knowing the same to be forged, counterfeited, or altered, any such letter of attorney, bill, ticket, order, certificate, voucher, receipt, will, or any other power, instrument, warrant, document, or authority whatsoever, with intent to obtain the payment of any such pension, wages, pay, money, or allowance of money, prize money, or relief from the said commissioners of the said hospital at Chelsea, or from any officer, under officer, clerk, or servant of the said commissioners, or from the person authorized or supposed to be authorized, to pay the same, or with intent to defraud any person whatsoever, or any corporation whatsoever; every person so offending shall be guilty of felony, and shall be transported for life, or for such term of years as the court shall adjudge. Felony. Children. Page 235. § 2. The presumption of law is, that a child under fourteen years of age Criminal has not sufficient capacity to know right from wrong. Therefore, liability. where a child under that age is indicted for felony, he ought not to be convicted, unless there be evidence to satisfy the jury, that at the time of committing the offence he had a guilty knowledge that he was doing wrong. R. v. Owen, 4 C. & P. 230. The stat. 3 & 4 W. 4. c. 103. amended by 4 & 5 W. 4. c. 1. has been passed for the protection of children working in mills and factories, and the regulation of their hours of labour, &c. By sections 1, 2, and 6. Persons under 18 years of age are not to work at night; that is, between eight o'clock in the evening and half-past five o'clock in the morning, in any cotton, woollen, worsted, hemp, flax, tow, linen, or silk mill or factory, wherein steam or water or any other mechanical power is used to propel the machinery; nor to work more than twelve hours a-day, nor more than sixty-nine hours a week, and they are to be allowed at least an hour and a half for meals. By sections 3, 4, and 5. In case of loss of time by accident, the number of working hours may be increased but not more than an hour a day. By section 7. The employment of children under 9 years of age is prohibited. By section 8. Thirty months after the passing of the act, children under 13 years of age are not to be employed more than forty-eight hours a week, nor more than nine hours a day, except in silk mills, in which children work ten hours every day. may By section 9. Certain holidays are to be allowed. By sections 10, 11, 12, 13, 14, 15, and 16. Children employed in one mill less than nine hours are not to be employed in any other mill more than the residue, and they are not to be employed without a certificate of their strength from a physician or surgeon. By sections 17, 18, 19. Inspectors are to be appointed to enforce the observance of the act, and they are to have concurrent powers with justices of the peace, in levying penalties, &c. Hours of working under 18 years of age. Lost time may be made up. Children under nine years not to be employed. Hours of working under 13 years of age. Holidays to be allowed. Inspectors to be appointed. By sections 20 and 21. Children under 13 years of age to attend Children under school, and schools are to be provided. their agents, Penalties are imposed upon parents, factory owners, and servants for the violation of the act, and an appeal to the quarter sessions is given in certain cases. See ante, Apprentices, as to children apprenticed to chimney sweepers. 13 to attend school. Einque Ports. See the 1 & 2 G. 4. c. 76. for preventing frauds and depredations by boatmen and others within the jurisdiction of the cinque |