Held, that evidence of the publication of
the proclamation in "The Dublin Gazette"
was sufficient under the 11 Vict. c. 2, s. 9.
without proving the posting of the procla-
mation within the district.

Held, also, that though the indictment
charged the offence to be under the 11 & 12
Vict. c. 2, which was a temporary Act,
expiring in August, 1850, yet that the
indictment concluding contra__formam
statutorum, and the statute 11 Vict. c. 2,
having been continued till December, 1851,
by the statute 13 & 14 Vict. c. 106, the
indictment was well enough, without spe-
cially referring to the latter statute.

Held, also, that though the prisoners
were jointly indicted for having a pistol in
their possession, yet the jury might, after
the acquittal of one of them, find the other
guilty. Reg. v. Noy, 281

ARSENIC.

Statute to regulate sale of, App. xx

ARSON.

On an indictment for arson in setting fire to
a rick the property of A., evidence may be
given of the prisoner's presence and demea-
nour at fires of other ricks, the property
respectively of B. and C., occurring the
same night, although those fires are the
subject of other indictments against the
prisoner, such evidence being important
to explain his movements and general
conduct before and after the fire of A.'s
rick; but evidence is not admissible of
threats, statements, or particular acts
pointing alone to the other indictments,
and not tending to implicate or explain the
conduct of the prisoner in reference to
that fire. Reg. v. Taylor, 138

A. being possessed of freehold land, employed
At the
capital in building houses upon it.
time in question, twenty or thirty houses

n

were in course of erection. A. providing
the materials and personally superintending
the work, which was performed by persons
sometimes under contracts with him, and
sometimes directly employed by him. His
object was to dispose of the houses when
he could find purchasers. The building
alleged to have been destroyed was erected
by him four or five years before, for the
convenience of his works. It was twenty-
four or twenty-five feet square, its sides
being of wood, with glass windows, and the
roof was slated. It was commonly called
a workshop. It was used as a storehouse
for seasoned timber, as a place of deposit
for tools, and sometimes timber was worked
up in it and prepared for use. At the
time of the fire it contained a quantity of
timber so prepared.

Held, that the building was properly
described in the indictment as a shed.

Semble, per Paterson, J., it was properly
described also as a building used for carry-
ing on the trade of a builder. Reg. v.
Amos, 222.

ASSAULT.

Quare, whether an indictment under the
statute 7 Will. 4 & 1 Vict. c. 85, s. 4,
charging the prisoner with shooting at
J. C., with intent to maim the said J. C.,
is supported by the evidence that the pri-
soner fired a gun in the direction of a light
which he supposed was placed, or held, by
some person, but having no intent to maim
J. C., who was wounded, or any knowledge
that he was there. Reg. v. Porter, 148
The statute 9 Geo. 4, c. 31, provides (sect. 27)
for the summary conviction of persons for
common assaults and batteries, and gives
power to two justices of the peace to order
the offender to pay a fine, with imprison-
ment in case of nonpayment, or, if the
offence be not proved, or is of so trifling a
character as not to merit punishment, to
dismiss the complaint, and make out a
certificate under their hands stating the
fact of such dismissal, such certificate to be
delivered to the party against whom the
complaint was preferred.

Section 28 enacts, "that if any person
against whom any such complaint shall
have been preferred for any common
assault or battery, shall have obtained such
certificate as aforesaid, or having been
convicted, shall have paid the whole amount
adjudged to be paid under such conviction,
or shall have suffered the imprisonment
awarded for nonpayment thereof, in every
such case he shall be released from such
further or other proceeding, civil or crimi-

nal, for the same cause." "Provided
always (sect. 29), and be it enacted, that in
case the justices shall find the assault or
battery complained of to have been accom-
panied by any attempt to commit felony, or
shall be of opinion that the same is, from
any other circumstance, a fit subject for
a prosecution by indictment, they shall
abstain from any adjudication thereupon,
and shall deal with the case in all respects
in the same manner as they would have
done before the passing of this Act," &c.

Semble, that a conviction for an assault
under the above statute, followed by pay-
ment of the fine or endurance of the im-
prisonment, may be pleaded in bar of an
indictment for felony in respect of the
same assault, charging an assault and
wounding with intent to murder, &c. Reg.
v. Stanton, 324

On an indictment charging a misdemeanour
for an assault in attempting to commit a
rape on A. B., with a count for an assault
of the same nature on a different day on
C. D., it is competent to the prosecutor,
not only in law, but by ordinary practice,
to give evidence of both assaults. Reg. v.
Davies, 328

On gamekeeper, indictment for, evidence of,
176

Conviction of, on an indictment for robbery,
541

Evidence of, 1

JOINT.

ATTORNEY.

Assignment of, to prisoner, 161

AUTREFOIS ACQUIT.

To sustain a plea of autrefois acquit, it is not
sufficient merely to put in the record of
the first indictment and acquittal. Some
evidence must be given to show that the
offences charged in the former and present
indictment are the same, and this may be
done by showing, by some person present
at the former trial, what was the offence
actually investigated there; and if that is
consistent with the charge in the second
indictment, it will be a presumptive case,
which must be met by the prosecution by
proof that the offence charged in the
second indictment was not the same as
that charged in the first. Reg. v. Bird, 11

BAIL.

Admitting prisoner to, 511

BANKRUPTCY.

To obtain a conviction under the 253rd section of 12 & 13 Vict. c. 106, it must be shown that the bankrupt had obtained goods within three months of the bankruptcy, by means of a representation which he knew to be false at the time he made it, that he was carrying on business, and dealing in the ordinary course of trade, and that he required the goods for the purpose of such business. Such representation must be actually made by him. It is not sufficient to prove that he has received the goods from a seller, who, by urgent persuasion, induced him to purchase them. Reg. v. Boyd, 502.

BASTARDY.

An indictment charged that Mary Hogan, intending to injure the inhabitants of the parish of B., and unjustly to burthen them with the maintenance of her bastard, of very tender age and unable to take care of herself, unlawfully did desert the said bastard child in the said parish, without having provided any means for the support of the said child, the said child not being settled in the said parish B., as the said M. H. well knew, to the damage of the inhabitants, &c.

Held bad, for want of averments, either that the health of the child was injured, or that the defendant had the means of supporting it. Reg. v. Hogan, 255.

BREAKING AND ENTERING

A counting-house, 187

BURGLARY.

A place called the machine-house at chemical works, where a weighing machine was kept, goods weighed, and an account of weights kept in a book; where the account of the workmen's time was taken and entered in books not kept there, but brought there for the purpose; and where their wages were paid:

Held, properly described as a countinghouse in an indictment for breaking and entering that building and stealing therein, under 7 & 8 Geo. 4, c. 29, s. 15. Reg. v. Pollar, 187

An indictment for burglary charged an intent to "steal goods and chattels." The jury found that the prisoner broke into the house with intent to steal certain mortgage deeds. The mortgage deeds were valid

subsisting securities for money which the prosecutor had advanced to the prisoner.

Held, that they could not properly be described as "goods and chattels," and that the indictment was not proved. Reg. v. Powell, 396.

CHARACTER.

Evidence of, 284

CHEATING.

Costs of prosecution in indictment for, 140 Indictment for, under 8 & 9 Vict. c. 109, s. 17, App. xlvii.

CHILD.

Desertion of illegitimate, indictment for, 255

COINING.

If two persons are engaged in the common purpose of uttering counterfeit coin, and, in pursuance of that purpose, one, in the absence of the other, puts off some pieces, of the counterfeit coin, both may be convicted as principals, an absent participator in misdemeanor being a principal.

R. v. Else (R. & R. 142); and R. v. Page (1 Russ. on Crimes, 82), overruled. Reg. v. Greenwood, 521

COMBINATION ACTS. The Philanthropic Society of Coopers was formed in order to relieve its members when sick, and to provide for their funerals. One of their members was fined by them for working in a yard where steam machinery was used, and upon non-payment of the fine they acted in such a way as to prevent him from obtaining work:

Held, an illegal combination and conspiracy. Reg. v. Hewitt, 162

CONFESSION.

Evidence of, 321, 323
Admissibility of, 523
Inducement by person in authority, 555

CONSPIRACY.

Defendants were indicted for conspiring to procure the removal of certain foreign goods from bonded warehouses, without payment of the duties due upon removal. The Customs Acts in force at the time assigned to the conspiracy were stats. 3 & 4 Will. 4, cc. 51, 61, which were repealed except as to duties payable under them) by stat. 8 & 9 Vict. c. 84. The indictment