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RAPE.

Ibid.

pany had not delivered it to Mr. K.; convicted of an assault, under sect. and that the amount of damages in 11 of the stat. 1 Vict. c. 85. Reg. v. such action is the value of the lost par

Gisson,

781 cel, as the plaintiff would be liable to that amount to the owner of it.

RECEIVER.
Crouch v. The London and North
Western Railway Company, 789

See LARCENY, 5. 10. A railway company has no

1. An indictment for breaking into right to open a parcel, to ascertain whether it contains other parcels ad

the house of A., contained five counts, dressed to different persons.

laying the property stolen in five dif11. By their Act, 3 Will. 4, c. cxxvi,

ferent persons, A., B., C., D., and E. It s. 181, the London and North West

also contained five other counts under

the stat. 11 & 12 Vict. c. 46, for reern Railway Company are to take rates and tolls from all persons alike,

ceiving the goods mentioned in each

of the first five counts respectively :under the same or similar circumstances. Their ordinary price for car

Held to be correct, and that there may rying a parcel from L. to B. was 1d.

be as many counts on this statute for per lb. They refused to carry a par

receiving as there are counts for steal

960

ing. Reg. v. Beeton, cel for the plaintiff from L. to B. unless he paid 1d. per lb., which he did:

2. E., at the Dorset Sessions, was -Held, that he might recover back

found guilty of sheepstealing, on one the excess.

Ibid. count of an indictment, and M. was 12. Form of Pleadings.

Ibid.

convicted of receiving on another count in the same indictment for a

substantive felony, the receiving being RAPE.

alleged in that count to have been in See ABUSING FEMALE CHILDREN. Somersetshire:-Held that M. was

improperly convicted, as there was 1. Where, on the trial of a case of

nothing in the latter count to shew rape, it was wished on the part of the

jurisdiction to try him in Dorsetshire. prisoner that the jury should see the

950

Reg. v. Martin, place at which the offence was alleged to have been committed, and the place

3. A. stole fowls and sent them by was so near to the court that the jury

coach to Birmingham in a box, not could have a view without inconveni- addressed to any one, but A. made a ence, the judge allowed a view, al

verbal statement when he sent them, though the counsel for the prosecu

that a person would cass for them. tion did not consent to it. Reg. v.

At Birmingham B. inquired for the Whalley,

376 box; it was shewn to her, and she 2. An acquittal on an indictment

claimed it, but it was not delivered for a rape could not be successfully

to her:-Held, that B. could not be pleaded to a subsequent indictment properly convicted as a receiver. Reg.

978

v. Hill, for an assault with intent to commit a rape, nor could an acquittal on an 4. If a man steal goods at A., and indictment for feloniously stabbing send them to B. by a coach, not adwith intent to do grievous bodily dressed, but stating that a person will harm, be successfully pleaded to an call for them, and his wife call for indictment for an assault, although, them, and obtain them at B., scienter, in each case, the transaction was the whether she can be convicted as a same, and the accused might have been receiver,-quare ?

Ibid.

4 B

N. P.

VOL. II.

RECORD (PROOF OF).

See EVIDENCE, 9, 13.

RECORDER.

See CROWN CASES RESERVED, 3.

REGISTER.

See Parish REGISTER.

pose need not be effected. But it is a felony under the 43rd section of that statute to cause the registrar to make an entire false entry of a birth, marriage, or death.

Reg. v. Mason, 622 4. Form of indictment. Ibid.

5. A woman went to a registrar of births 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 giving the information. Every particular which she stated was false :

:-Held, that this amounted to the felony of causing a false entry to be maile, within the stat. 6 & 7 Will. 4, c. 86, s. 43, and was not merely the misdemeanor of making a false statement, under sect. 41 of that statute. Reg. v. Dewitt,

905

REGISTER OF DEEDS.

See EVIDENCE, 12.

RENT. See LANDLORD AND TENANT, 1, 2.

REPAIRS. See LANDLORD AND TENANT, 12.

REGISTRAR. 1. An indictment on the stat. 6 & 7 Will. 4, c. 86, s. 41, for making false statements for the purpose of their being inserted in a marriage register, alleged that a clergyman had solemnised a marriage, and was about to register in duplicate the particulars relating to that marriage, and that the defendant did wilfully make to the clergyman who solemnised the office of marriage, "for the purpose of being inserted in the register of marriage," certain false statements : Held, that this was supported by proof that the entry was made by the church clerk before the marriage, and that, after the marriage, the clergyman read over the statements to the defendant, and asked him if they were correct, and that he answered in the affirmative.

Held also, that, on such an indictment, it was not necessary to prove that the register books were furnished to the clergyman by the RegistrarGeneral. Reg. v. Brown, 504

2. Form of indictment. Ibid.

3. The stat. 6 & 7 Will. 4, c. 86, s. 41, makes it a misdemeanor to make a false statement of one or more of the particulars required to be registered for the purpose of being inserted in any register of birth, death, or marriage; and to constitute this offence the pur

REPLEVIN. 1. In replevin, the defendantavowed for a distress for rent, and the plaintiff pleaded that the goods were taken between sunset and sunrise, and the defendant replied that the goods were taken between sunrise and sunset, without this, that they were taken between sunset and sunrise :-Held, that, on these pleadings, the plaintiff had the right to begin. Tunnidiffe v. Wilmot,

626 2. In replevin, the plaintiff had given a bond under sect. 121 of the stat. 9 & 10 Vict. c. 95, (the Local Courts Act,) to prosecute his suit with effect and without delay, and prove that the title to corporeal property was in question :-Held, that he was not entitled to obtain a certificate from the

one which could not have been inflicted on him for the offence of which, according to such certificate, he had been committed, viz. larceny. Reg. v. Finney,

774

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REWARD (TAKING) FOR HELP

ING THE RETURN OF STO-
LEN GOODS.

A. had her goods stolen. B., who knew the thieves, received money from A. to endeavour to purchase the stolen property of the thieves for A., but not meaning to bring the thieves to justice :-Held, that B. was guilty of the felony of taking money on account of helping A. to the return of stolen goods within the stat. 7 & 8 Geo. 4, c. 29, s. 58. Reg. y. Pascoe, 927

REPLY. See ADDRESSING THE JURY.

RESCUE OF DISTRESS.

See CHURCH-RATE, 7.

RESERVED CASES. See CROWN CASES RESERVED.

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REPRESENTATIVE SUING FOR

DEATH CAUSED BY NEGLI-
GENCE.

See NEGLIGENCE, 1, 2.

ROBBERY. See AssAULT, 1, 2, 4. A. asked B. what o'clock it was, and B. took out his watch to tell him, holding his watch loosely in both his hands. A. caught hold of the ribbon and key attached to the watch, and snatched it from B., and made off with it :-Held, no robbery, but a stealing from the person. Reg. v.

214

Walls,

SALE BY SAMPLE.

See SAMPLE.

RETURNED TRANSPORT.

See EVIDENCE, 13. Where a prisoner was indicted, under the the 5 Geo. 4, c. 84, s. 22, for being found at large in England before the expiration of a term for which he had been sentenced to be transported:Held, that the fact of such sentence being in force at the time he was so found at large, was sufficiently proved by the certificate of his conviction and sentence,—the judgment remaining unreversed, -although, on the face of such certificate, it appeared that the sentence, viz. transportation for fourteen years, was

SAMPLE. Semble, that an article sold by sample cannot in any case be rejected as not corresponding with the sample except within a reasonable time. Sanders v. Jameson,

557 4 B 2

SCRIP.

See JOINT-STOCK COMPANY.

SEDUCTION. Evidence.--In an action for the seduction of the plaintiff's daughter, to prove that her connexion with the defendant (which happened but once) was against her consent, the daughter can be asked only as to circumstances occurring immediately after the event. Colyer v. Mayne,

1011

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SHERIFF.

letter from B. to the defendants was tendered in evidence, to shew that, prior to such refusal, B. had renounced their agency :-Held, to be inadmissible. Hassell v. Watson, 141

2. Held, further, that A. having been on the spot, what passed between B. and the captain was important only in so far as it was confirmed and adopted by A.

Ibid. 3. A., a supercargo, sailed to Calabar in charge of a ship, called the

Magistrate,” his commission being 5 per cent. Some time after his departure, his principals despatched another ship, called the “Windermere,” to Calabar, with instructions to A. to find a cargo for her, and to consider her “in one turn” with the “Magis. trate," and offering him, in respect of this second ship, a commission of 2} per cent. A. wrote to his principals, rejecting the 2 per cent.commission; but, notwithstanding this, he proceeded to load the “ Windermere," that course being, in his view, the best for his principals :-Held, that, as he had acted on the instructions of his principals in loading the “Windermere,” he was bound by their offer as to commission, and could not recover more than 24 per cent. in respect of the cargo of that ship. Moore v. Maxwell,

55+

In an action for an escape against a sheriff, where the prisoner was brought up to London from the country, in obedience to a warrant issued by a commissioner of bankruptcy, and permitted to remain there three days, though remanded back by the learned commissioner, (one of them, however, being a Sunday, and another a day appointed for the prisoner to appear before a judge at chambers by virtue of a writ of habeas corpus,) and to repair from place to place attended by the gaoler:-Held, that the above-mentioned facts did not constitute an escape in contemplation of law. Nias v. Davies,

280

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SHIPPING.

See TENDER, 1.

1. The captain of a ship was instructed to apply for a cargo to A.; and, in the event of A. not being on the spot, then to apply to B. (both being agents of the charterers) for the same purpose. He applied to both accordingly, and was refused a cargo by both. An action was brought by the owners to recover the freight : and, in order to do away with the effect of the proof as to B.'s refusal, a

SLANDER. 1. In an action for slander, the words were, “You are a thief; you robbed Mr. L. of 301." The words were spoken in the hearing of B. and of several strangers. B. knew that the words did not mean to iropute felony, but meant to impute that the plaintiff had improperly obtained 307. from Mr. L. to compromise an action for a distress :—Held, that, under these circumstances, the question to be left to the jury was not what the defendant meant by the words he spoke,

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OF

STOLEN GOODS (TAKING REWARD FOR RETURN OF).

See REWARD.

TAKING REWARD FOR HELPING THE RETURN OF STOLEN GOODS.

See REWARD.

ΤΑΧ.

See LANDLORD AND TENANT, 2.

See APPRENTICE.- BILL Ex

CHANGE, 4.-EVIDENCE, 21.-
FALSE REPRESENTATION, 2.

1. The appointment of a person to be treasurer to guardians of the poor under a local act, at a yearly salary, requires a stamp. Reg. v. Welch, 296

2. Semble, that if parties choose to divide their contracts, so as to lessen the amount of stamps, they may legally do so. Hankins v. Clutterbuck,

810 3. B. and C. entered into partnership by an unstamped agreement which was in the hands of J. S. A. sued B. and C., as partners, for goods sold, and applied to J. S. to take or send the agreement to the Stampoffice, that A. might get it stamped. J. S. refused to do

so;

and a judge at chambers would not order him to do so, as J. S. held the agreement for B. and C., and did not in any way

hold it for A. Dyke v. Brewer, 828

4. A 251. stamp not necessary for

TAXATION OF COSTS.

See ATTORNEY, 5.

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