Sivut kuvina
PDF
ePub
[blocks in formation]

ESCAPE, PRISON BREACH AND RESCUE-continued.

184. Aiding any prisoner in escaping or attempting to escape F.
from any prison,—or with intent to facilitate the escape
of any prisoner, conveying, or causing to be conveyed
into any prison, any mask, dress, or other disguise, or
any letter, or any other article or thing.*

28 & 29 Vict. c. 126, s. 37 (Note 52).

185. Rescuing a prisoner from custody when not convicted,— or convicted only of a misdemeanor. [2 Hawk. c. 21, s. 8; 1 Hale, 607.]

M. Common Law.

186. Rescuing, or aiding and assisting in rescuing, from con- M. or F. 1 & 2 Geo. 4, stable, &c. person charged or committed for felony.

†[If party rescued convicted of high treason, the rescue is
the same offence; if for felony, the rescue is felony; if
for a misdemeanor, a misdemeanor.]

187. Rescuing a prisoner where charged and convicted of treason or felony. [2 Hawk. c. 21, s. 8; 1 Hale, 607;| and 4 Bl. Comm. 131.]

188. Aiding or assisting a prisoner or convict in custody for treason or felony to make his escape while being conveyed to prison or in prison.

189. The like, in custody for petty larceny, or for debt of £100.

c. 88, s. 1.

F. Common Law.

F. 16 Geo. 2, c. 31, ss. 1, 3 (Note 53).

M. Id.

190. Rescuing goods in the custody of the law, or breaking M. Common Law. open a pound. [2 Hawk. c. 21, s. 20.]

191. Aiding prisoners of war to escape.

[Rescuing or permitting escape of criminal lunatics, see
Offence 343, tit. "Lunatics."]

EXCHEQUER BILLS, Forging. See Offences 215-218, tit. "Forgery."

EXCISE.

F. 52 Geo. 3, c. 156,

s. 1.

192. Armed persons opposing the law [as to spirits],- —or vio-F. 23 & 24 Vict. c. 114, lently rescuing offenders,-or assaulting officers, in

formers or witnesses.

s. 200.

52 Repeal of 4 Geo. 4, c. 64.] The Offence 184 was, up to 1st February, 1866, punishable under 4 Geo. 4, c. 64, s. 43, that act being repealed by the Prisons Act, 1865, 28 & 29 Vict. c. 126, from that date.

53 Time of Prosecution for Offences 188, 189.] The prosecution for offences under the 16 Geo. 2, c. 31, must be commenced within one year (16 Geo. 2, c. 31, s. 4).

[blocks in formation]

186 Nos. 181-Assizes or Sessions. Discretionary. Fine or impr. as M., if

[blocks in formation]

Yes, if for F.; No, if a

M.

Yes.

[blocks in formation]

54 "FALSE PRETENCES: " Apprehension of Offenders without Warrant―Restitution of Property-Vexatious Indictments Act applicable to Offences.] As to the apprehension of offenders, Note 78 to tit. "Larceny," post, is equally applicable to this title. Attention should be paid to the terms of the apprehension clause, 24 & 25 Vict. c. 96, s. 103, there set out, which is defective, and does not authorize the apprehension of the person

[blocks in formation]

Explosive Substances," M. 38 Vict. c. 17, s. 91.

66

EXPLOSIVE SUBSTANCES.
See "
ante, p. 406.
By section 91 it is enacted, that every offence under
this act may be prosecuted, and every penalty under
this act may be recovered, and all explosives and in-
gredients liable to be forfeited under this act may
be forfeited, either on indictment or before a court
of summary jurisdiction, in manner directed by the
Summary Jurisdiction Acts."

[MEM. The offences under this statute have been fully treated under the head of "Summary Convictions."

EXPOSING CHILD. See tit. " Cruelty."

EXTORTION.

193. By any officer by colour of his office. [1 Hawk. c. 68, s. 1;
2 Salk. 680.]

[There are various others punishable by particular sta-
tutes.]

FACTORS. See tit. "Agents."

FACTORY INSPECTORS. See tit. "Workshops Regulation."

[blocks in formation]

M. Common Law.

[See Arch. Cr. Pl. by Bruce, 16th ed. pp. 645-649.]

M. Common Law.

FALSE PERSONATION.

s. 1.

194a. "If any person shall falsely and deceitfully personate any F. 37 & 38 Vict. c. 36,
person or the heir, executor, or administrator, wife,
widow, next of kin, or relation of any person with in-
tent fraudulently to obtain any land, estate, chattel,
money, valuable security or property he shall be guilty
of felony."

[MEM. Nothing in this act is to prevent any person from
being proceeded against and punished under any other
act or at common law in respect of an offence (if any)
punishable as well under this act as under any other
act or at common law; 8. 2.]

pawn it. [See also By 22 & 23 Vict. obtaining money or taken place before

committing either of the Offences 195-197, after its commission, although the offender may have the property in his possession, unless he offers to sell or Brittain v. Bank of London, 8 Law T., N. S. 382; 3 F. & F. 465.] c. 17, ante, pp. 877, 878, an indictment cannot be preferred for " other property by false pretences," unless a previous inquiry has justices, or by the order of a judge, &c.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

54a Extension of Enactment.] By 24 & 25 Vict. c. 96, s. 89, "whosoever shall by any false pretence cause or procure any money to be paid, or any chattel, or valuable security, to be delivered to any other person, for the use or benefit, or on account of the person making such false pretence, or of any other person, with intent to defraud, shall be deemed to have obtained such money, chattel, or valuable security within the meaning of the last preceding section." [Offence 195.]

OFFENCE.

Class of Offence
and

Statute or Authority.

FALSE PRETENCES (Notes 54, 55, 56).

195. Whosoever shall by any false pretence obtain from any M. 24 & 25 Vict. c. 96, other person any chattel, money, or valuable security, with intent to defraud.

66

["Valuable Security" is defined by s. 1, Note 80, tit.
Larceny." See Note 55 for cases, &c.; see also
Offence 92, tit. "Bankrupts."

196. Whosoever shall by any false pretence cause or procure
any money to be paid, or any chattel, or valuable secu-
rity, to be delivered to any other person, &c. [See the
conclusion of the section in Note 54a].

197. Whosoever, with intent to defraud or injure any other person, shall by any false pretence fraudulently cause or induce any other person to execute, make, accept, indorse, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or copartnership, or the seal of any body corporate, company or society, upon any paper or parchment, in order that the same may be afterwards made or converted into or used or dealt with as a valuable security.*

8. 88.

M. Id. s. 89.

M. Id. s. 90.

55 Cases on what is and is not a False Pretence.] A "false pretence " within this section appears from the various and somewhat contradictory decisions to be a fraudulent representation of some pretended, definite, positive and existing fact, essential in the case (not a mere promise for future conduct or to do some act only, nor an opinion or aggravated praise of goods disposed of, or tricks in commercial dealings), made for the purpose of inducing, and by which the prosecutor, believing the statement to be true, is induced to part with his entire property in the thing obtained [not the temporary use of it, Reg. v. Kilham, 39 L. J. (N. S.) M. C. 109; 22 Law T., N. S. 625], and in the case of money, whether it is an advance by way of loan or otherwise; or it may be such a false statement, combined with a promise to do something in future. It is immaterial whether the false pretence be made verbally or by means of untrue statements in written documents or in any other manner; but the obtaining of the property must, however, be the direct and not a remote result of the pretence made. See 2 Russ. on Cr. 4th ed. pp. 618-700. The guilty knowledge and the "intent to defraud” are to be implied from the facts proved in evidence in the particular case; and the offence may be committed by means of an innocent agent. The following cases will bear out these positions, and in which the principal decisions on the subject are referred to and commented on:-R. v. Goodhall, R. & R. 461, and Reg. v. Lee (a promise to do a future act), 1 Leigh & Cave, C. C. 309; 8 Law T., N. S. 437; Reg. v. Waine (cheque not to be presented till a future day), 11 Cox, C. C. 647; 23 Law T., N. S. 748; Reg. v. Welman, 22 L. J. (N. S.) M. C. 120; Reg. v. Crossley, 2 M. & Rob. 18 (advance by way of loan); Reg. v. Roebuck, 1 Dears. & Bell, C. C. 24 (false metal); Reg. v. Jessop, 1 Dears. & B., C. C. 442; 30 Law T. 293; R. v. Sherwood, 1 Dears. & Bell, C. C. 251; 26 L. J. (N. S.) M. C. 81; R. v. Bryan, Id. 84; 1 Dears. & Bell, C. C. 265 (Elkington's plate); Reg. v. Ardley, 40 L. J. (N. S.) M. C. 85; 24 Law T., N. S. 193; Reg. v. Suter, 17 Law T., N. S. 177; Reg. v. Carter, and Reg. v. Hunter, Id. 321;-as to the weight or quality of an article, Reg. v. Burgon, 1 Dears. & Bell, C. C. 11, and Reg. v. Gardner, Id. 40, in both of which there were contracts between the parties. See also R. v. Mills, Id. 205; 29 Law T. 114: 26 L. J. (N. S.) M. C. 79; Reg. v. Watson, 27 L. J. (N. S.) M. C. 18; 30 Law T. 171; and Reg. v. Evans, 32 L. J. (N. S.) M. C. 38; 7 Law T., N. S. 307, as to frauds in relation to partnership accounts; Reg. v. Fry, 30 Law T. 293; 1 Dears.

« EdellinenJatka »