Salop the next English county to 3 Therefore the offence of plunder- 4 And the provisions of 26 Hen. VIII. COUNTRY BANKERS. 1 The dead bodies of executed convicts are at common law at the King's disposal; but by 25 Geo. II. c. 37. the dead bodies of murderers shall be delivered to the Surgeons' Company for dissection in this and in other cases, the Judge may, after sentence pronounced, order them to be hung after execution in chains by a special order to the sheriff for that purpose, Hall's case.........21 Taking up dead bodies, though for the useful purposes of scientific dissection, is an indictable offence at common law, for it is contra bonos mores, Lynn's s case..................................... 497 1 By the Stamp Acts 44 Geo. III. c. 2 The paper and stamps of such case 8 So also, if such paid country banknotes be intercepted in their retrograde conveyance, and the place at which they were made payable DEAF AND DUMB. 1 A prisoner though deaf and dumb, by the visitation of God, who is indicted for a capital offence, may be arraigned, if intelligence can be communicated to him by signs, &c. T. Jones's case 102 2 So a person, though deaf and dumb, may be sworn, and give evidence by means of signs and tokens, Rus and requesting him to send a banknote, although he pretend to ask it as benevolence, Robinson's case, 749 DEMURRER. 1 On a demurrer to an indictment, 3 But the statute is in the disjunctive, 5 A demand of money, venison, or DYING DECLARATIONS. The dying declaration of a person who is sensible of approaching dissolution, is considered in law as made under a sanction equal to that imposed by the solemnity of an oath....... ........460 2 And therefore after decease may be given in evidence, although it do not expressly appear that the deceased was then under apprehension of impending death, Woodcock's case, 500 3 It is for the Court, and not the Jury to determine whether the party is or is not sensible of the awful nature of his situation, John's case, 504, notis. 4 But however certain and imme diate ensuing death may be, yet if the patient from the cessation of pain in the case of incipient mortification, or from any other deluding cause, really cntertain a hope of recovery, the dying declaration of such a patient cannot be received, though warned of her approaching 6 An indictment on 39 Geo. III. c. 85. dissolution by those around her, Wellborn's case............503, notis. 5 But wherever the patient appears clearly conscious that death is inevitable, his dying declaration is evi"ɔɔɔp Dingler'scase.............561 E. EMBEZZLEMENT. 1 The embezzlement act 39 Geo. III. c. 85. which makes it felony for a servant to embezzle monies, &c. paid to him for or on account of his master, extend to monies given by his master to a third person, and paid, to him, by such third person, Whittingham's case ........912 2 For in such case the money so given by the master to such third person is out of the possession of the master, and therefore the receipt and embezzlement of it by the servant is an offence within the act, Headge's ...1033 case must contain all the requisites of an indictment for larceny at common law, for it does not create a new felony, but only makes that a larceny which before was only breach of trust, Mc. Gregor's case ...932 ERROR. 97 Therefore on the production of the warrant it appeared to be on strong suspicion of having been guilty of burglary in the house of, &c. stealing two sheets, it was decided that Greeniff who was charged with having aided and assisted the prisoner in an attempt to make his escape from the custody of the constable, was not guilty on this act, Rex v. Greeniff ..363 Effecting an actual escape, is not within the statute 16 Geo. II. c. 31, Tilley's case.... ...662 EVIDENCE. 1 The person whose name purports to be signed to a forged receipt is not a competent witness to prove the forgery, for it is an established rule that no person who can derive any advantage from the conviction of a prisoner can be a witness for the Crown, for it tends to destroy an instrument on which, if genuine, he would be liable, Russel's case .8 2 This rule however is founded on long and inveterate practice, and not on any analogous principle of .......987 law, Crocker's case 3 Therefore where Dr. Dodd was indicted for forging a paper-writing purporting to be a bond signed Chesterfield, his lordship was held not competent to prove that the signature was not his hand-writing, without being released from the obligation, Dodd's case .........157 4 So the person whose name is forged to a scrip receipt, is not competent to prove the forgery, Olier's case, 812 5 So the assignee of a certificate to a navy bill, whose name is forged to a receipt for the money, cannot prove the falsity of the signature, Thornton's case ........634 6 So the proprietor of stock who has been personated, cannot be called to deny the authenticity of his name signed on the receipt of the dividend, Hart's case .............438 trate, pursuant to the statutes of Philip and Mary, may be read in evidence, on proving that the accomplice is dead, Westbeer's case 12 13 But if the magistrate be also dead, his signature to the examinations must be proved as well as the death of the examinant, England's case, 771, text. 14 The muster-book of the Navy-Office is admissible evidence on an indictment for forging a seaman's will, to prove the fact of the seaman having been on board the ship, and that he is dead, Lee's case............. ...20 16 So the book called The Assignation Book in the Prerogative Court, in which all causes are entered by the registrar, and kept officially by the witness, as the only record of the proceedings and decrees of the Court, may be given in evidence to prove that a probate had been revoked, Ramsbottom's case, 26, notis.. 17 On an indictment for forging a seaman's will in which the prisoner was the executor, an executor named in a subsequent will by the same testator to that which is charged to be forged, is not a competent witness to prove the forgery, for he claims an interest as executor under the last will, and therefore his testimony, by proving the first will forged, tends to confirm his own, by which he claims an interest as executor. Sed qucere, for his will being the last will, must necessarily in law supersede the former will whether it be good or bad, Rhodes's .....24 18 One witness is sufficient in all cases of HIGH TREASON, where a conviction does not work corruption of blood, Gahagan's case .........42 19 Evidence that the prisoner could case not obtain the goods he is charged with having stolen, otherwise than by the privity, consent or delivery of the prosecutor's wife, is a good defence against the charge of his having stolen them, Harrison's case, 47 20 If a banker pay a forged draft, and after debiting the account of the person whose name is forged, gives him credit for it as a usury, the supposed drawer is an admissible witness on an indictment to prove the forgery, without a release from the banker, for under such circumstances it is perfectly immaterial to the drawer, whether the prisoner is convicted or acquitted, Usher's case ....48 21 On an indictment for perjury in an answer in Chancery, it is presumptive proof of identity if the name subscribed to the answer be proved to be the hand-writing of the defendant, and that the jurat was subscribed by the Master as being sworn before him, for the rule of Court "that all defendants shall sign their answers," was intended to facilitate the proof of perjury, and sufficient to put the defendant to prove that he was personated, Morris's case ............50 22 But in perjury under the statute 31 Geo. II. c. 10. for taking a false vath to procure letters of adininistration to a seaman's effects, it has been said that the prisoner must be proved to be the same person who signed the warrant and took the oath; but in this case though it was proved by the witness to the jurat that a person of the same name signed the warrant, it was not proved that the signature was the handwriting of the prisoner, Thomas Brady's case .327 23 A Mahomedan may be sworn on the Alcoran, and give evidence on a criminal prosecution in the manner and form, &c. which the reli gion of Mahomet requires, Mor.......54 gan's case 24 The King's sign manual to a pardon may be given in evidence on an indictment for returning from transportation, to prove that the convict was not at large without legal cause, Max. Miller's case, 74 25 The King's sign manual to a convict, will not restore his competency as a witness; it must be by a pardon under the Great Seal, for though a sign manual promising a pardon on condition that such conviet give security, and appear and plead, the next general pardon is sufficient authority to discharge him, his competency is not restored until he plead such pardon sub pede sigilli, Gully's case .98 26 An indictment for stealing a cow is not proved by evidence that the animal stolen was a heifer, for the statutes 14 Geo. II. c. 6. and 15 Geo. II. c. 34. mention both cow and heifer, the one must have been used in contradistinction to the other, R. Cooke's case............105 27 Evidence in all cases, both criminal and civil, must be upon oath and therefore the information of an infant on an indictment for rape, cannot be received unless she is found competent to take an oath and is sworn, Powell's case......110 28 An infant under seven years of age may be sworn as a witness, if she appear to understand the nature of an oath, for no parol testimony can be received except upon oath, Brasier's case ........199 29 And if the witness is ignorant of the obligation of an oath, the trial may under circumstances be postponed, until she, by proper instruction, become quite sensible of the obligation she is under by being sworn, White's case ......430, notis. 30 A wife may give evidence against |