Where a person is indicted for | that he had unlawfully administered having made a false declaration as voluntary oaths, contrary to the ento a fire having taken place at his actment of the statute. Reg. v. house, evidence may be given, that, Nott, Car. & M. 288; D. & M. 1; with the declaration, he sent a cer- 4 Q. B. 768; 12 L. J., M. C. 143. tificate, which stated the fire to have occurred, and that the signatures to that certificate were all forgeries, as this evidence may go to shew that the declaration was wilfully false. Ib. An indictment for perjury in making a false declaration under 5 & 6 Will. 4, c. 62, s. 18, cannot be sustained when the deed or written instrument of which the declaration is confirmatory is not duly proved. Reg. v. Cox, 4 F. & F. 42-Byles. An indictment under 5 & 6 Will. 4, c. 62, s. 13, for administering an extra-judicial oath, is bad, if it does not so far set out the deposition, that the court may judge whether or not it is of the nature contemplated by the statute. Reg. v. Nott, 4 Q. B. 768; 9 Cox, C. C. 301; D. & M. 1; 7 Jur. 621; 12 L. J., M. C. 143. To prove the making of a false declaration under the Pawnbroker's Act (39 & 40 Geo. 3, c. 99), it is not absolutely necessary to call the magistrate before whom it was made or some one present at the time. Reg. v. Browning, 3 Cox, C. C. 437. (e) On Registration of Births, Deaths or Marriages. An indictment, under 6 & 7 Will. 4, c. 86, s. 41, charged, that a clergyman solemnized a marriage and was about to register in duplicate the particulars relating to the marriage, and that the prisoner did wilfully make to the clergyman, for the purpose of being inserted in the register of marriage, certain false statements. The proof was, that the particulars were entered by the clerk of the church before the marriage; that, after the marriage, the clergyman asked the prisoner if they were correct, and that he answered in the affirmative, and the clergyman signed the register:-Held, that the prisoner was rightly convicted. Reg. v. Brown, 2 C. & K. 504; 1 Den. C. C. 291; 3 Cox, C. C. 127; 17 L. J., M. C. 145. Held, also, that it was not necessary, upon the indictment, to prove that the register books used by the clergyman were furnished to him by the registrar-general. Ib. The 6 & 7 Will. 4, c. 86, s. 41, makes it a misdemeanor to make a To prove that such a declaration false statement of one or more of the is false in fact, it is necessary to neg-particulars required to be registered ative the defendant's statement by the oath of two witnesses in the same manner, and to the same extent as on the proof of an assignment for perjury. Ib. A county magistrate complained to the bishop of the diocese of the conduct of two of his clergy; and to substantiate his charge he swore witnesses before himself, as magistrate, to the the truth of the facts: -Held, that the matter before the bishop was not a judicial proceeding, and therefore that the magis. trate had brought himself within the 5 & 6 Will. 4, c. 62, s. 13; and for the purpose of being inserted in any register of births, deaths or marriages; and to constitute this offence, the purpose need not be effected. Reg. v. Mason, 2 C. & K. 622-Cresswell. But it is a felony, under sect. 43, to cause the registrar to make an entire false entry of a birth, marriage or death. Ib. A woman went to a registrar, and asked him to register the birth of a child; she stated to him the particulars necessary for the entry, and he made the entry accordingly, and she signed it as the person giv that the person who administered the oath might be convicted on an indictment for administering a certain oath to A., B., C., D., &c. (naming the whole sixteen persons.) Ib. If the indictment states the oaths to have been, not to inform or give ing the information. Every particular which she stated was false:Held, that this amounted to the felony of causing a false entry to be made within 6 & 7 Will. 4, c. 86, s. 43, and was not merely the misdemeanor of making a false statement under s. 41. Reg. v. Dewitt, 2 C. & K. 905; 4 Cox, C. C. 49-evidence against any person belongCresswell. ing to a confederacy of persons associated together to do a certain illegal act, this is sufficient, without stating what the illegal act was. Ib. To support an indictment on 6 & 7 Will. 4, c. 86, s. 41, for making a false statement touching the particulars required to be registered for the purpose of their being inserted in a register of marriages, it is es sential that the false statement should have been made wilfully and intentionally, and not by mistake only. Reg. v. Dunboyne (Lord), 3 C. & K. 1-Campbell. A man may change his surname by use and reputation, and if by use and reputation he has acquired a new name, he is not indictable under 19 & 20 Vict. c. 19, s. 2, for using a new name in signing a notice for the purpose of procuring his marriage under 6 & 7 Will. 4, c. 85. Reg. v. Smith, 4 F. & F. 1099Willes. If the oath administered was intended to make the parties to whom it was administered believe themselves under an engagement, it is equally within the statute whether the book on which they were sworn was a Testament or not. Ib. Where an oath was administered, that the party taking it should not make buttons under certain stated prices, and should keep all the secrets of the lodge-Held, to be an administering of an unlawful oath within the statutes. Rex v. Ball, 6 C. & P. 563-Williams. The administering an oath or any agreement to any person not to reveal the secrets of any associa15. Seditious Practices and Unlaw- tion, is an offence within those stat ful Oaths. Statutes.]-37 Geo. 3, c. 123; 39 Geo. 3, c. 79; 2 & 3 Vict. c. 12; 52 Geo. 3, c. 104; 57 Geo. 3, c. 19, s. 25. The provisions of 37 Geo. 3, c. 123, which make it a felony to administer an unlawful oath, are not confined to oaths administered with either a mutinous or a seditious object. Rex v. Brodribb, 6 C. & P. 571-Holroyd. A party of sixteen persons was going out armed for the purpose of night poaching. Before they went out the prisoner swore them all to secrecy : Held, a felony within that statute. Ib. Where sixteen persons took the same unlawful oaths, two or three at a time, all being present:-Held, utes. Ib. An association, the members of which are bound by oath not to disclose its secrets, is an unlawful combination and confederacy (unless expressly declared by some act of parliament to be legal), for whatever purpose or object it may be formed; and the administering of an oath not to reveal anything done in such association is an offence within 37 Geo. 3, c. 123, s. 1. Rex v. Lovelass, 6 C. & P. 596; 1 M. & Rob. 349-Williams. The precise form in which the oath is administered is not material; it is an oath within the meaning of the act, if it was understood by the party tendering, and the party taking it, as having the force and obligation of an oath. Ib. Every person who engages in an association, the members of which, in consequence of being so, take an oath not required by law, is guilty of an offence within 57 Geo. 3, c. 19, s. 25. Rex v. Dixon, 6 C. & P. 601-Bosanquet. 66 XXVII. PERSONATION. 1. Stockholders, 423. 2. Seamen and Soldiers, 423. 1. Stockholders. whosoever shall falsely and deBy 24 & 25 Vict. c. 98, s. 3, ceitfully personate any owner of any share or interest of or in any "stock, annuity, or other public "fund which now is or hereafter 66 may be transferable at the Bank "of England or at the Bank of Ire"land, or any owner of any share or interest of or in the capital "stock of any body corporate, com 66 66 The unlawful administering, by any associated body of men, of an oath to any person, purporting to bind him not to reveal or discover such unlawful combination or conspiracy, nor any illegal act done by them, is felony within the 37 Geo. 3, c. 123, though the object of such association was a conspiracy to raise wages and make regulations in a certain trade, and not to stir up mutiny or sedition. Rex v. Marks, pany or society which now is or "hereafter may be established by 3 East, 157. "charter, or by, under or by virtue Indictment.]-By 37 Geo. 3, c." of any act of parliament, or any 123, s. 4, it shall not be necessary, owner of any dividend or money in an indictment for any offence" payable in respect of any such under this statute, to set forth the "share or interest as aforesaid, and words of the oath, but it shall be "shall thereby transfer or endeavsufficient to set forth the purport of our to transfer any share or init, or some material part thereof, an "terest belonging to any such indictment charging that the de- " owner, or thereby receive or enfendants administered to J. H. an "deavour to receive any money oath, intended to bind him not to "due to any such owner, as if such inform or give evidence against "offender were the true and lawful any member of a certain society owner, shall be guilty of felony." formed to disturb the public peace, (Former provision, 11 Geo. 4 & 1 for any act or expression of his or Will. 4, c. 66, s. 6.) theirs, is good, without alleging the tenor or purport of the oath to be set forth, and without shewing in what manner the public peace was meant to be disturbed by such society. Rex v. Moore, 6 East, 419. 66 66 Obtaining and indorsing a dividend warrant at the bank in the name of a stockholder is "personating a proprietor, and thereby endeavouring to receive the dividend," although no attempt whatever is made to receive the money at the pay-office. Rex v. Parr, 1 Leach, C. C. 434; 2 East, P. C. 1005. 2. Seamen and Soldiers. 11 Geo. 4 & 1 Will. 4, c. 20, s. 84; 2 & 3 Will. 4, c. 53, s. 49; 28 & 29 Vict. c. 124, s. 8. Evidence.]-Where the witness, swearing to the words spoken by way of oath by the prisoner when he administered the same, said that he held a paper in his hand at the same time when he administered the oath, from which it was supposed that he read the words; yet held, that parol evidence of what he in fact said, was sufficient with-sonating must be of some existing out giving him notice to produce person entitled, or who primâ facie such paper. Ib. might be entitled, to receive the Under 31 Geo. 2, c. 10, the per wages. Rex v. Brown, 2 East, P. | ducing another to personate a voter C. 1007. Where a prisoner personated one S. Cuff, who was dead, and whose prize-money had been paid to his mother: Held, that it did not vary the prisoner's guilt; and that he might be convicted on 54 Geo. 3, c. 93, s. 89. Rex v. Cramp, R. & R. C. C. 327; S. P., Reg. v. Pringle, 9 C. & P. 408; 2 M. C. C. 127. The prisoner applied at Greenwich Hospital for prize-money in the name of J. B.; J. B. was dead, and was supposed to be so at the hospital, and the prisoner did not obtain the money. On an indictment for personating:-Held, that the 54 Geo. 3, c. 93, s. 89, applied, although the seaman was dead. Rex v. Martin, R. & R. C. C. 324. To constitute the offence of personating the name of a seaman under 57 Geo. 3, c. 127, s. 4, the person entitled, or really supposed to be entitled to prize-money, must be personated; personating a man who never had any connection with the ship is not an offence within the act. Rex v. Tannet, R. & R. C. C. 351. All persons aiding and abetting the personating a seaman entitled to allowance money are principals, and the offence is not confined to the person only who personates the seaman. Rex v. Potts, R. & R. C. C. 353. 3. Voters. Parliamentary.]-(6 & 7 Vict. c. 18, s. 83.) On an indictment for fraudulently personating a voter at an election of a member of parliament for a city being a county of itself, the writ to the sheriff must be produced in order to prove that the election was duly made. Reg. v. Vaile, 6 Cox, C. C. 470-Cromp ton. Municipal.]-The offence of in at a municipal election under 22 & 23 Vict. c. 35, s. 9, is complete upon the personator tendering the voting paper, although, on being asked if he is the person whose name is signed to the voting paper, he answers "No," and the vote is accordingly rejected. Reg. v. Hague, 9 Cox, C. C. 412; 4 B. & S. 715; 33 L. J., M. C. 81. Municipal Voters.]-By 14 & 15 Vict. c. 105, s. 3, if any person, pending, or after the election of any guardian, shall wilfully, fraudulently, and with intent to affect the result of such election, personate any person entitled to vote at such election, he shall be liable on conviction by two justices to three months' imprisonment:-Held, that the section makes no provision against the offence of personating a voter who is dead at the time of the election, as the offender cannot in such case be convicted of personating any one "entitled to vote' at the election. Whiteley v. Chappell, 38 L. J., M. C. 51 ; 17 W. R. 172; 4 L. R., Q. B. 147; 19 L. T., N. S. 355. XXVIII. POISONING. XXIX. PRIZE-FIGHTS. 1. Endangering Safety of Persons 66 66 66 66 By 24 & 25 Vict. c. 100, s. 32, Persons who are present at a prize-fight and who have gone thi-" whosoever shall unlawfully and ther with the purpose of seeing the "maliciously put or throw upon or persons strike each other, are all "across any railway any wood, principals in the breach of the "stone or other matter or thing, or peace, and indictable for an assault, "shall unlawfully and maliciously as well as the actual combatants, "take up, remove or displace any and it is not at all material which" rail, sleeper or other matter or of the combatants struck the first "thing belonging to any railway, blow. Rex v. Perkins, 4 C. & P." or shall unlawfully and mali537-Patteson. ciously turn, move or divert any Where a prize-fight is expected," points or other machinery belongthe magistrates ought to cause the " ing to any railway, or shall unintended combatants to be brought "lawfully and maliciously make or before them, and compel them to shew, hide or remove any signal enter into securities to keep the " or light upon or near to any railpeace till the assizes or sessions; way, or shall unlawfully and maand if they refuse to enter into liciously do or cause to be done such securities, to commit them. any other matter or thing, with Rex v. Billingham, 2 C. & P. 234 intent, in any of the cases afore-Burrough. "said, to endanger the safety of All prize-fights are illegal, and "any person travelling or being all persons engaged in them are" upon such railway, shall be guilty punishable by law. Reg. v. Brown," of felony, and being convicted Car. & M. 314-Alderson. "thereof shall be liable, at the disThe spectators of a sparring match" cretion of the court, to be kept are not participes criminis, so that" in penal servitude for life, or for their evidence, touching what oc- any term not less than five years curred at the match, requires cor- (27 & 28 Vict. c. 47), or to be roboration. Reg. v. Young, 10 Cox, "imprisoned for any term not exC. C. 371-Bramwell. ceeding two years, with or with"out hard labour, and, if a male "under the age of sixteen years, with or without whipping." (Former provision, 14 & 15 Vict. c. 19, s. 6.) 66 66 66 There is nothing unlawful in sparring, unless, perhaps, the men fight on until they are so weak that" a dangerous fall is like to be the result of the continuance of the game. Therefore, except in the latter case, death caused by an injury received during a sparring match does not amount to manslaughter. Ib. 66 By s. 33, "whosoever shall un"lawfully and maliciously throw or cause to fall or strike at, against, "into or upon any engine, tender, carriage or truck used upon any railway, any wood, stone or other matter or thing, with intent to "injure or endanger the safety of any person being in or upon such "engine, tender, carriage or truck, 66 66 |