no jurisdiction to compel him to make the order. (Reg. v. The Judges and Justices of the Central Criminal Court. Feb. 1883. Q. B. Div.) 324.
CERTIORARI. (See Practice.)
FRESH EVIDENCE ON MOTION FOR. (See Sureties for Good Behaviour.)
COERCION.
HIGHWAY ROBBERY.
(See Husband and Wife.)
COMMITMENT,
EFFECT OF HOME OFFICE CIRCULAR ON FORM OF,
(See Gaol Delivery.)
COMMITTAL TO PRISON, MEANING OF.
(See Prisons Act, 1877.)
COMMON NUISANCE. (See Cremation.)
COMPOUNDING FELONY. Indictment-Absence of allegation of ab- stention from prosecution—Commission of offence by other than owner of stolen pro- perty-Theft-bote.-The offence of com- pounding a felony is complete at the time when the agreement to abstain from pro- secuting is made; and it is not necessary therefore in an indictment for such an offence to allege that the prisoner did abstain from prosecuting, and that by reason of such abstention the thief escaped prosecution. Any person having know- ledge that a felony has been committed, and entering into an agreement to abstain from prosecuting, or to hinder the ends of justice, is guilty of the offence of com- pounding a felony; and that offence is not confined to the owners of stolen property entering into such agreements. (Reg. v. Burgess. Dec. 1885. C. C. R.) 779. (See also Bankruptcy.)
Restraint of trade-Combination of ship- owners-Circulars-Interim injunction.- The defendant shipowners had combined together, and their agents in China had issued circulars there to the effect that exporters in China who confined their shipments of goods to vessels owned by the combined lines should be allowed a
rebate, payable half-yearly, on the freight charged. Any shipment at any port in China by an outside steamer to exclude the shipper of such shipment from participating in the return during the whole six-monthly period within which it had been made. The plaintiffs, on the ground that such combination was a conspiracy entered into with the object of ruining them (the plain- tiffs), and of driving away competition, applied for an interim injunction to restrain the defendants from continuing to issue these circulars, and from otherwise acting in restraint of trade: Held, that, as the plaintiffs had not shown that the refusal of this application would result in irreparable injury to them, and as they might recover ample compensation in damages if they succeeded at the trial, and the cause of action being doubtful, this was not a case in which the court would grant an interim injunction. Held, that such a combination, if proved according to the plaintiffs' con- tention, would be a conspiracy within the principle laid down in Rex v. Eccles (1 Leach C. C. 274). (The Mogul Steamship Company Limited v. McGregor, Gow, and Co. and others. Aug., 1885. Q. B. Div.) 740.
CONSPIRACY TO DEFRAUD. Abuse of legal process-Attempt to obtain money by false pretences-Evidence-An attorney combining with his client to en- force payment of money known not to be really owing, and making false representa- tions with that object.-On a motion for a new trial on behalf of two defendants, an attorney and his client, indicted for con- spiring to defraud, and also with attempt- ing to obtain money by false pretences, there being evidence that they combined together to enforce, by means of the abuse of legal process, payment of sums they must have known not to be due, and also made false representations with that object, Held, that there was evidence for the jury on both charges, that a direction to the jury that if they were satisfied of these facts they ought to convict on both charges, was correct, and that the conviction there- fore was right. (Reg. v. Taylor and Boynes. April, 1883. Q. B. Div.) 268.
False Pretences-Combining together to en- force by means of legal process payment of pretended debt.-A moneylender having a claim for a small sum against a borrower for money lent and high interest, caused an attorney to issue process for a sum double the amount, making up the differ-
ence by items charged on various pre- tences; and after receiving payment from a third party of the sum lent, so that only a sum of 51. remained due for interest, still prosecuted the suit for the whole amount indorsed on the process, and then tried to get from the debtor a charge on property of far greater value, and repre- sented to the third party that the whole sum claimed was really due.
The money- lender and the attorney being indicted for conspiracy to defraud the borrower, and also for attempting to obtain money from the third party by means of false pre- tences, it was held that there was a case for the jury on both counts; and that if the jury believed the two combined together to enforce by legal process payment of sums, they knew not to be due, and falsely re- presented them to be due, in order to obtain payment, they were liable to be con- victed. (Reg. v. Taylor and Boynes. April, 1883. Q. B. Div.) 265.
CONVEYANCE OF PRISONER. EXPENSES.
(See Prisons Act, 1877.)
COPARTNERSHIP.
YOUNG MEN'S CHRISTIAN ASSOCIATION. (See Embezzlement.)
Interference with-Obstruction of course of justice-Jurisdiction of coroner-Burning body after appointment and before holding of inquest-Misdemeanour.-It is an in- dictable misdemeanour wilfully to prevent the holding of an inquest of which a coroner has given notice, or to destroy a body upon which an inquisition ought to be held. Where, therefore, a coroner bonâ fide believes information given to him to be true, which, if true, would necessitate the holding of an inquest, it is the duty of the coroner to hold an inquest; and it is a misdemeanour to prevent the holding of such inquest, notwithstanding that the in- formation given to the coroner was in fact untrue. A coroner, however, has not an absolute right to hold an inquest in any case he chooses. In order to justify him in holding an inquest he must have reasonable grounds for believing that the death was caused by unnatural means. (Reg. v. Ste- phenson. June, 1884. C. C. R.) 679.
EXPOSURE ON HIGHWAY. (See Nuisance.)
PREVENTION OF INQUEST ON. (See Coroner.)
Property in-Fraudulently obtaining a licence to remove a corpse from a burial ground -Rights of executors-Cremation.-By a codicil to his will A. directed that within three days after his death, or as soon as conveniently might be, his body should be given to W., to be dealt with by her in such manner as he had directed to be done in a private letter to her, and that any costs or expenses that might be incurred by W. in carrying out and performing the instruc- tions contained in the said letter should be paid and discharged by the executors to his will on production of account and vouchers within three months after his decease. The private letter referred to contained directions for the cremation of the body. The executors refused to deliver up the body to W., and had it buried, two days after his death, in the unconsecrated part of Brompton Cemetery. W. obtained a licence from the Secretary of State for the removal of the body on a representa- tion that she desired to remove it into consecrated ground. She then had it con- veyed to Italy, and cremated, and the ashes brought back and buried in England. She then brought an action to recover from the testator's estate the expenses incurred in the cremation of his body. Held, that, there being no property in a corpse, the direction in the testator's codicil for the delivery of the body to W. was wholly void. That the use of the licence to remove a body for the purpose of re-burial, in order to remove it for the purposes of cremation, is an illegal act. That the way in which the licence was obtained and the act done were fraudulent, and no claim for expenses for an act so done could be permitted in a court of equity. Semble, cremation in England is. per se illegal. (Williams v. Williams. March, 1882. Ch. Div.) 39.
Common nuisance.-The mere act of burn- ing a dead human body is not in itself a crime, but if it is burnt in an indecent manner or in such a way as to give offence to any portion of the public being in a place where they had a right to be it is a common nuisance. (Reg. v. Price. Feb., 1884. Stephen, J.) 389.
OBSTRUCTION OF COURSE OF JUSTICE.
(See Coroner.)
PROPERTY IN CORPSE. (See Corpse.)
CRIMINAL INFORMATION.
CRIMINAL LAW AMENDMENT ACT, 1885.
Girl under sixteen-Suffering to resort to or be in or upon premises for unlawful pur- poses Daughter living with mother. Mother permitting prostitution of daughter -48 & 49 Vict. c. 69, ss. 6 and 12.-Under sect. 6 of the Criminal Law Amendment Act, 1885, a mother can be convicted of know- ingly suffering her daughter, of the age mentioned in the section, to be in or upon premises for the purpose therein specified, notwithstanding the fact that such pre- mises are those in which the mother and daughter live together, having no other home. Sect. 12 of the Act is not intended to deal with such a case to the exclusion of sect. 6, but is intended to enable the court to make an order divesting parents, &c., of authority over girls in respect of whom such parents, &c., have been convicted of an offence under sect 6. (Reg. v. Webster. Dec. 1885. C. C. R.) 775.
CRIMINAL LUNATIC. Maintenance of-Prison Act, 1877-40 & 41 Vict. c. 21, ss. 4 and 57.-The effect of sect. 4 of the Prison Act, 1877, is to transfer the liability for the maintenance of a criminal lunatic from the county to the Consolidated Fund. Judgment of the Court of Appeal reversed. (Mews v. The Queen. Dec., 1882. H. of L.) 185.
"CRIMINAL PRISONER." Prisons Acts, 1865 and 1877-Vaccination Act, 1867-Summary Jurisdiction Act, 1879-Jervis's Act, 1848.-A person who is committed to prison in default of dis- tress for non-payment of a sum of money adjudged to be paid by a court of summary jurisdiction on an information under sect. 31 of the Vaccination Act, 1867, is a "criminal prisoner " within the meaning of the Prisons Act, 1865, s. 5, and must be treated as such while in prison. (Kennard v. Simmons and others. Feb., 1884. Lindley, L.J.) 397.
CRIMINAL TRIAL. (See Practice.)
Dishorning cattle-12 & 13 Vict. c. 92, s. 2. -By the 12 & 13 Vict. c. 92, s. 2, it was enacted, "That if any person shall from and after the passing of this Act cruelly beat, ill-treat, over-drive, abuse, or torture, or cause or procure to be cruelly beaten, ill- treated, over-driven, abused, or tortured, any animal, every such offender shall for every such offence forfeit and pay a penalty not exceeding five pounds." MCA. being the owner of thirty-four head of cattle, on the 25th day of February, 1884, caused their horns to be cut off close to the skull. B. took out a summons against McA. for having caused the horns of certain cattle to be cut off and otherwise ill-treated them on the 25th day of February, 1884, at Greenan, in the county of Meath, and thereby caused and procured them to be then and there cruelly ill-treated, tortured, and abused, contrary to the 2nd section of the 12 & 13 Vict. c. 92. Upon the hearing of the summons evidence was given that the operation of dishorning caused very great pain and suffering, and that the reasons for cutting off the horns were (1) greater convenience in feeding cattle in yards, and (2) that cattle without horns brought in some places 21. a head more than those with horns. The magistrate who heard the summons, having refused to convict McA., was called upon by B. to state a case for the opinion of the Exchequer Division as to whether he was wrong in point of law in dismissing the case. Held, that MCA. was guilty of the offence of cruelly ill-treating and abusing the cattle, within the meaning of the 2nd section of the 12 & 13 Vict. c. 92, and ought to have been convicted. (Brady (app.) v. McArdle (resp.). April, 1884. Ex. Div. Ir.) 516.
DEBTORS ACT, 1869.
32 & 33 Vict. c. 62, s. 5-Motion to commit -Refusal by judge at chambers-Appeal -Discretion.-A refusal by a judge at chambers to make an order to commit a defendant to prison for default of payment of a judgment debt is a matter within sect. 50 of the Judicature Act, 1873, and therefore subject to appeal. (Debenham v. Wardroper. March, 1883. Q. B. Div.) 207.
32 & 33 Vict. c. 62, s. 13, sub-sect. 3― Intent to defraud creditors-Evidence of intent to defeat, and delay one creditor only- Meaning of "any person" in sect. 13.- The 32 & 33 Vict. c. 62, s. 13, enacts, "if
any person has, with intent to defraud his creditors, concealed or removed any part of his property since or within two months of any unsatisfied judgment, or order for pay- ment of money," he shall be guilty of a misdemeanour. A judgment was obtained against R. for 181. 48. 8d. (November 8, 1881). On the night of that day he, with the assistance of the other two prisoners, removed his goods with the object of defeating and delaying the execution creditor. R. and the other two prisoners were indicted and convicted for removing the goods, with intent to defraud R.'s creditors [plural]. The chairman left the question of intention to defeat the creditors to the jury, ruling that there was evidence of an intention to defraud the creditors generally. Held, that the ruling of the chairman was wrong, and that the convic- tion could not be sustained. Held, also, that the words " any person "in sect. 13 meant any person, and was not confined to bankrupts or persons who had liquidated their affairs in bankruptcy. (Reg. v. Row- lands, Williams, and J. Williams. March, 1882. C. C. R.) 31.
Debtors (Ireland) Act, 1872 (35 & 36 Vict.
c. 57)-Order of commitment for non- payment of instalments-Not acted on- Expiration of time during which order was in force-Second order of commitment for non-payment of same instalments— Writ of prohibition.-In June, 1879, T. Haynes obtained a decree from the Recorder of the city of Dublin against P. Keogh for 391. 10s. Not being able to get payment, he obtained an order from the Recorder under the Debtors (Ireland) Act, 1872, against the said P. Keogh for payment by monthly instalments. Keogh having made default in payment of some of the instalments, the Recorder in July, 1880, on the application of T. Haynes, made an order of commitment against P. Keogh, but a stay was put on the order until the month of October, 1880. No payment having been made by P. Keogh, a second order of commitment was made by the Recorder, at the October sessions for 1880, for the instalments that fell due between the months of July and October. P. Keogh was not arrested under either of the said orders, and the time for which they were in force having expired, T. Haynes applied to the Recorder and obtained from him, at the October sessions of 1882, fresh orders of commitment against P. Keogh on foot of the same instalments as those upon which the
previous orders had been obtained. P. Keogh having obtained a conditional order for a writ of prohibition to prevent the last orders from being acted on, and T. Haynes having showed cause: Held, that the conditional order must be discharged. (Reg. v. The Recorder of Dublin. Dec., 1883. Q. B. Div. Ir.) 376.
DESTITUTE PERSON. REFUSAL OF MEDICAL ASSISTANCE TO, BY RELIEVING Officer.
DYING DECLARATIONS. (See Evidence and Murder.)
ELEMENTARY EDUCATION ACTS. DETENTION OF CHILD AT SCHOOL AFTER SCHOOL HOURS. (See Assault.)
Larceny-Sale by a person authorised to sell, and fraudulent appropriation by him of the price.-On an indictment which charged that the prisoner, as ser- vant of the prosecutor, received a sum of money and fraudulently embezzled and appropriated it, and so did steal the money; the evidence being that the prisoner, not being otherwise in the service of the prosecutor, was employed by him merely to take care of a horse for a few days and afterwards to sell it, and having sold it, had absconded with the money and dishonestly appropriated it: Held, it having been ruled at the trial that he was not a servant, that he was bailee of the money, and might be convicted of stealing the money Stephen, J. dissenting, on the ground that the prisoner was not a bailee of the money. (Reg. v. De Banks. May, 1884. C. C. R.) 450.
Moneys belonging to copartnership-Asso- ciation for gain or profit-Young Men's Christian Associatian-31 & 32 Vict. c. 116, s. 1.-An association which has not for its object gain or profit is not a co- partnership within sect. 1 of the Act to amend the law relating to Larceny and Embezzlement of 1868; and where R., a member of a Young Men's Christian Asso- ciation, having embezzled money obtained by him on behalf of the association, was indicted for that he, being a member of a copartnership, did embezzle moneys belong- ing to the copartnership: Held, that the object of the association being "the ex-
tension of the kingdom of the Lord Jesus Christ among young men, and the development of their spiritual life and mental powers," such association was not a copartnership within the section, and that therefore R. could not be convicted upon such an indictment. (Reg. v. Robson. Dec. 1885. C. C. R.) 772.
Admission obtained by questions-Statement of one prisoner incriminating others -Admissibility of, against them.-After a prisoner is in custody the police have no right to ask him questions, and an admismission or confession obtained in that way is inadmissible in evidence; and where one of several prisoners in custody makes a statement admitting his guilt and also incriminating the other prisoners, and such statement is afterwards read over to the others by the constable who asks them what they have to say to that, this is in the nature of a cross-examination of the prisoners, and such statement and their answers are not admissible as evidence against them on their trial. Secus where the persons are not in custody. (Reg. v. Gavin and others. April, 1885. Smith, J.) 656.
AIDING AND ABETTING. (See Prize Fight.)
Bankruptcy Notices in the London Gazette-Cuttings from the Gazette. -A petition in bankruptcy having been presented against the prisoner in the D. County Court, the Court made an order that the publication of a notice of the petition in the London Gazette should be deemed service of the petition on the prisoner. The prisoner did not appear according to this notice, and there was no evidence that it had come to his know. ledge. The prisoner was adjudicated bankrupt in his absence, and divers proceedings in the bankruptcy took place. Subsequently thereto the prisoner was arrested, and afterwards examined in court touching his affairs by the trustee in the bankruptcy, and the result was that he was indicted and convicted for various offences under the Bankruptcy Act. On the trial, in proof of the publication of the order of the County Court in the Gazette the file of the proceedings in the Bankruptcy Court was produced, containing a cutting from the Gazette of the advertisement of the order of the County Court and notice to appear. Held, that this cutting from the Gazette was improperly
received as evidence of the publication of the notice in the London Gazette and that the conviction could not be sustained. (Reg.v. Thomas Lowe. June, 1883. C. C.R.) 286.
Collateral documents-Uttering-Evidence of guilty knowledge-Admissibility of evidence-Functions of judge and jury.— The prisoner, who was the stamp distri butor of the Queen's Bench Division, was indicted for uttering three law forms with forged stamps impressed thereon. The forms which were the subject of the indictment were those ordinarily used by the stamp distributor of the Exchequer Division, and bore his particular mark. It sometimes happens that in the process of stamping a second sheet of paper is inadvertently placed under the sheet which is brought into contact with the die; this second sheet receives an impression, but of a fainter character, and one which can be distinguished from the impression made on the outer sheet. These second sheets are called "blinds," and are never supposed to be issued by the Stamping Department, nor are they regarded as genuine dies. The principal defence was that when the prisoner sent to purchase genuine stamps. his messenger, either deceived by the guilty party or in collusion with him, brought back "blinds" which were then innocently sold by the prisoner. To meet this defence counsel for the Crown proposed to give in evidence several documents from the files of the Queen's Bench Division, which were on forms bearing the prisoner's particular mark, and the stamps on which were, in the opinion of the expert, forgeries of a similar character as those the subject of the indictment. Counsel for the prisoner objected to these documents being given in evidence, as there was not sufficient evidence to connect the prisoner with them; but the learned judge, being pressed by the Crown, received them in evidence, but reserved the question for this court whether he was warranted in permitting the jury to regard these documents as having been uttered by the prisoner, and having been so uttered as evidence of guilty knowledge. Held (diss. Fitzgerald, B. and Barry, J.), that there was sufficient evidence to connect the prisoner with the documents on the file of the Queen's Bench Division, and of these having been uttered by him; and that they were rightly submitted to the jury as evidence of guilty knowledge. (Reg. v. Colclough. Feb., 1882. C. C. R. Ir.) 92.
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