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to be an obtaining of money or goods by false pretences; and therefore, it is advisable in doubtful cases to commit for the false pretence. By 14 & 15 Vict. c. 100, s. 18 (unrepealed), proof of any one piece of coin, or any bank note, or any portion of the value thereof, will be sufficient. By "The Prevention of Crimes Act, 1871" (34 & 35 Vict. e. 112), s. 8, ante, p. 1009, persons convicted of "the offence of obtaining goods or money by false pretences" (which is a "crime," as defined by sect. 20 of that act, in Note*, ante, p. 951, after a previous conviction of a "crime," may be adjudged to be subject to police supervision for not exceeding seven years.

0.8. VOL. II.

4 A

OFFENCE.

Class of Offence and

Statute or Authority.

FISH Note (58).

201. Whosoever shall unlawfully and wilfully take or destroy [by night or day] any fish in any water which shall run through or be in any land adjoining or belonging to the dwelling-house of any person being the owner of such water, or having a right of fishery therein.

[This provision is not applicable to day anglers, who are
punishable summarily; see Offences 14-17, Vol. I.
p. 538.

[Damaging Fish Pond, see Offence 358, tit. "Malicious
Injuries."]

FIXTURES. Stealing, see Offence 323, tit. "Larceny;" Damag-
ing, see Offence 346, tit. "Malicious Injuries.

FLOODGATE. See Offences 356, 357, tit. “Malicious Injuries."|

FOOD. See tit. "Unwholesome Meat."

FORCIBLE ENTRY. See tit. "Entry (Forcible) and Detainer."|

FOREIGN BILL. See Offence 225, tit. "Forgery."

FOREIGN STATES (Note 59).

M. 24 & 25 Vict. c. 96, s. 24.

202. Illegal Enlistment.] Any British subject, without the M. 33 & 34 Vict. c. 90,

licence of H. M., enlisting in the service of a foreign
state, or, whether a British subject or not, inducing any
other person to do so (s. 4);-or leaving H. M.'s domi-
nions with intent to serve a foreign state, or inducing
any other person to do so (s. 5);-or embarking persons
under misrepresentations as to service (s. 6).

203. Master or owner of a ship, without licence, taking illegally-
enlisted persons, defined by section, on boardship (s. 7).

[MEM Ship to be detained until trial, and until all
penalties paid or security given for them before two
justices or a magistrate (s. 7).]

ss. 4, 5, 6.

M. Id. s. 7.

57 Venue.] The offence of obtaining money, &c. by false pretences, if begun in one county, and completed in another, both being in England, as for instance by letter, may be dealt with in either place (see 7 Gco. 4, c. 64, s. 12, Vol. I. p. 22, and cases there cited; see also Reg. v. Sans Garrett, 1 Dears. C. C. 232; 23 L. J. (N. S.) M. C. 20); but 24 & 25 Vict. c. 96, s. 114, as to the possession of property in one part of the kingdom which was obtained in another, is not applicable to the offence (Reg. v. Stanbury, 31 L. J. (N. S.) M. C. 88; 1 Leigh & Cave, C. C. 128).

58 "FISH:" Apprehension of Offenders without Warrant.] Note 78 to tit. “Larceny" is equally applicable to this title.

59"FOREIGN STATES: " Repeal of 59 Geo. 3, c. 69-Who to Prosecute for OffencesRegulations as to Procedure against Offenders and Ships.] By "The Foreign Enlistment Act, 1870" (33 & 34 Vict. c. 90), s. 31, the former act of 59 Geo. 3, c. 69, is repealed from the 9th August, 1870, with a saving as to offences previously committed. The

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crown alone can prosecute in these cases, as was decided under the repealed act (Ex parte Crawshay, 24 J. P. 805), and also for the condemnation of a ship (s. 19). By Sect. 20, where any offence is committed by reason whereof a ship, &c., or arms, or munitions of war are liable to forfeiture, proceedings may be instituted contemporaneously or not, against the offender and against the ship, &c.; and the one proceeding is not necessary to be taken because the other is taken.

60 Jurisdiction and Venue--Removal of Offenders for Trial.] By 38 & 34 Vict. c. 90, 8.16, "Any offence against this act shall, for all purposes of and incidental to the trial and punishment of any person guilty of any such offence, be deemed to have been committed either in the place in which the offence was wholly or partly committed, or in any place within her Majesty's dominions in which the person who committed such offence may be." By sect. 17. "Any offence against this act may be described in any indictment or other document relating to such offence, in cases where the mode of trial

OFFENCE.

Class of Offence and

Statute or Authority.

FOREIGN STATES-continued.

s. 8.

204. Illegal Shipbuilding and Illegal Expeditions.] Any person, M. 33 & 34 Vict. c. 90, without licence from H. M., (1) building a ship with intent or knowledge that it will be employed in the military or naval service of a foreign state at war with a friendly state;-or (2) issues any commission for such ship;—or (3) equips such ship;-—or (4) dispatches such ship.

[MEM. Sect. 9 contains provisions as to when evidence of
an illegal ship is to be presumed against an offender.
See The Gauntlett v. Elliott, 26 Law T., N. S. 45.]

205. Any person, without the licence of H. M., aiding the
warlike equipment of foreign ships.

206. Any person, without the licence of H. M., fitting out naval or military expeditions against a foreign state.

M. Id. s. 10.

M. Id. s. 11.

207. Aiders.] Any person who aids, abets, counsels, or procures the commission of any offence against the Act.

M. Id. s. 12.

FORGERY (Notes 61, 62).

s. 1.

208. Her Majesty's Seals.] Forging or uttering the great seal, F. 24 & 25 Vict. c. 98, privy seal, royal sign manual, &c.,-or the stamp or impression thereof,-or uttering document with forged stamp, &c. thereon.

209. Transfers of Stock, &c.] Forging, &c. transfer of stock at Bank of England or of any company, or power of attorney relating thereto,-or demanding to act by virtue of forged power of attorney.

210. Personating the owner of similar stock, and transferring or receiving, or endeavouring to transfer or receive, the dividends.

F. Id. s. 2.

F. Id. s. 3.

require such a description, as having been committed at the place where it was wholly or partly committed, or it may be averred generally to have been committed within her Majesty's dominions, and the venue or local description in the margin may be that of the county, city or place in which the trial is held." By sect. 18, "The following authorities, that is to say, in the united kingdom any judge of a superior court, in any any other place within the jurisdiction of any British court of justice, such court, or if there are more courts than one, the court having the highest criminal jurisdiction in that place, may, by warrant or instrument in the nature of a warrant in this section included in the term 'warrant,' direct that any offender charged with an offence against this act shall be removed to some other place in her Majesty's dominions for trial in cases where it appears to the authority granting the warrant that the removal of such offender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offence had been committed at such place. Any warrant for the purposes of this section may be addressed to the master of any ship, or to any other person or persons, and the person or persons to whom such warrant is addressed shall have power to convey the

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208

Assizes (5 & 6 Vict. Discretionary. Pen. serv. life—5 yrs. ;|

Yes.

c. 38, Note 63).

-or impr. not exc. 2

yrs., with or without

h. 1. and s. c. (s. 1).

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prisoner therein named to any place or places named in such warrant, and to deliver him when arrived at such place or places, into the custody of any authority designated by such warrant. Every prisoner shall, during the time of his removal under any such warrant as aforesaid, be deemed to be in the legal custody of the person or persons empowered to remove him."

61 "FORGERY:" Designation of Instruments—Copies by Photography—Documents made out of England-Forms of Indictment—Intent to defraud.] By 24 & 25 Vict. c. 98, s. 39, "where by this or by any other act any person is or shall hereafter be made liable to punishment for forging or altering, or for offering, uttering, disposing of, or putting off, knowing the same to be forged or altered, any instrument or writing designated in such act by any special name or description, and such instrument or writing, however designated, shall be in law a will, testament, codicil, or testamentary writing, or a deed, bond, or writing obligatory, or a bill of exchange, or a promissory note for the payment of money, or an indorsement on or assignment of a bill of exchange or promissory note for the payment of money, or an acceptance of a bill of exchange, or an undertaking, warrant, order, authority or request for the payment of money, or an indorsement on or assignment

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