said county of Y. convert and dispose of the said promissory note, and the value thereof to their own use, &c. [The fourth count was very similar, charging them to have received 51. 5s. and there were other counts, charging them to have been collectors, and to have received the same by colour and pretence of the said office.]

INDICTMENTS FOR DECEITS AND FALSE PRE-
TENCES, ON STATUTES.

a sum of

and coun

false

That L. P. late of, &c. being an evil disposed person, and For denot minding to get his living by truth and honest labour, ac- frauding a cording to the laws of this realm, but compassing and de- person of vising how he might unlawfully* obtain, and get into his money hands and possession, the monies of the honest liege sub- by colour jects of our said lord the king, for the maintenance of his of a false unthrifty living (g) on, &c. at, &c. aforesaid, falsely and terfeit letdeceitfully did pretend and affirm to one T. T. that his, ter and the said L. P,'s name was H. H. and that he was the son of other H. H. of N. in the county of S. esquire, and nephew to Mr. tokens, H. of N. in the county of S. (meaning J. H. of N. in the upon the county of S. clerk,) and that the said L. P. a certain false statute 33 and counterfeit letter, in the name of him the said J. H. as a Hen. VIII. true letter of the proper hand-writing of him the said J. H. c. 1. (f). falsely, fraudulently, and deceitfully, to the said T. T. then [*1004] and there did deliver, (he the J. H. of N. in the county of S. clerk, then and long being the special friend and intimate acquaintance of him the said T.T.) by which said false and counterfeit letter it was mentioned that the said J. H. desired the said T. T. to supply the bearer thereof, Mr. J. H. with the sum of sixty guineas, and to place it to his account, (meaning the account of him the said J. H.) and that the said T. T. then and there believing the said false and counterfeit letter, to be of the proper hand-writing of him the said J. H. did then and there pay and deliver to the said L. P. sixty pieces of gold coin, of the proper coin of this kingdom called guineas, of the value of sixty three pounds of lawful money of G. B. whereas in truth and in fact, the said J. H. never did write or send, or cause to be written or sent, any such letter to the said T. T. desiring the said T. T. to supply the said H. H. with any sum of money whatever, and so the jurors, &c. do say, that the said L. P. on the said, &c.

(f) See a similar precedent Cro. C. C. 7th Ed. 307, 173. Starkie, 469. See general note, ante 996 to 1000.

(g) This statement of defendant's intent, is omitted in the 8th Ed. Cro. C. C. and Starkie.

Against a

beer brewer

for selling beer in casks

short of measure,

at the said, &c. by colour of the said counterfeit letter, and by the said false pretences, unlawfully, falsely, fraudulently and deceitfully did obtain, and get into his hands and possession, of and from the said T. T. the said sum of sixtythree pounds of lawful money of G. B. of the monies of him the said T. T. and the said L. P. the said T. T. of his money aforesaid, then and there fraudulently and deceitfully did deceive and defraud, to the great damage and deceit of the said T. T. to the evil example, &c. against the peace, &c. and also against the form, &c.

That R. V. N. late of, &c. beer brewer, being an evil disposed person, and devising, designing and intending to impose upon one W. C. and to cheat and defraud him of his money, heretofore, after the feast of Lammas, mentioned in a certain act of parliament,* made in the twenty-third year of the reign of king Henry the Eighth, entitled, " An act concerning the new making of barrels, kilderkins, and other vessels," to the sta- to wit, on, &c. he the said R. V. N. then and there being a tute of 23 beer brewer, did falsely and fraudulently put to sale, and did Hen. VIII. then and there sell to the said W. C. for a large sum of mo(h) [1005] ney, to wit, the sum of three shillings and sixpence, beer, to

contrary

be spent and used within this realm, to wit, at, &c. aforesaid, in a certain vessel of wood, in and for a firkin, but which said firkin did not, nor would then and there contain and hold the full and just measure of nine gallons, as by the said statute is directed and required, but the contents and gauge of which said firkin, was then and there under that measure, to wit, of the measure of six gallons and two pints, and no more, contrary to the form of the statute, &c. to the great damage and deceit of the said W. C. to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said R. V. N. then and there being a beer brewer, and being such evil disposed person as aforesaid, and devising, designing and intending to impose upon the said W. C. and to cheat and defraud him of his money as aforesaid, after the feast of Lammas in the said act mentioned, to wit, on the said, &c. at, &c. aforesaid, did falsely and fraudulently put to sale, and did then and there sell to the said W. C. beer, to be spent and used within this realm, to wit, at, &c. aforesaid, in a certain vessel of wood as and for a firkin, but which said firkin was not then and there made and marked by an artificer of coopers, in manner as by the said statute is directed and required, contrary to the form of the statute, &c. to the great damage of the said W. C. to the evil example, &c. and against the peace, &c. [two more counts saying kinderkins in

(h) See a similar precedent, 4 996 to 1000. Wentw. 358. see general note, ante

stead of firkins, seven shillings instead of three shillings and sixpence, and eighteen gallons instead of nine.]

Geo. II. c.

tradesman

customer

That O. O. late of, &c. being an evil disposed person, and On 30 a common cheat, and contriving and intending unlawfully, 24. for obfraudulently and deceitfully to cheat and defraud one P. Č. taining of, &c. woollen draper, of his goods, wares and merchandizes, goods for the support of his profligate way of life, on, &c. with force from a and arms, at, &c. aforesaid, unlawfully, knowingly and deunder presignedly did falsely presend to the said P. C. that he the said tence of O. O. then was the servant of one C. C. of, tailor, (the being sersaid C. C. then and long before, being well known to the said vant to a P. C. and a customer of the said P. C. in his said business and sent and way of trade) and he the said O. O. was then sent by the for them said C. C. to the said P. C. for five yards of certain super- by him. (i) fine woollen cloth, by which said false pretences the said O. [*1006] O. did then and there, to wit, on, &c. at, &c. aforesaid, unlawfully, knowingly and designedly obtain from the said P. C. five yards of superfine woollen cloth of the value of four pounds, fifteen shillings, of the goods, wares and merchandizes of the said P. C. with intent then and there to cheat and defraud him the said P. C. of the same, whereas in truth and in fact the said O. O. was not then the servant of the said C. C. and whereas he the said O. O. was not then, or ever hath been sent by the said C. C. to the said P. C. for the said cloth, or for any cloth whatsoever, to the great damage and deception (k) of the said P. C. to the evil example, &c. against the peace, &c. and also against the form of the statute, &c.

Geo. II. c.

That J. B. late of, &c. T. A. late of, &c. and W. R. late On 30 of, &c. contriving and intending unlawfully, fraudulently and 24. s. 1. deceitfully to cheat and defraud one T. R. an honest and for obtainworthy subject of this realm of his goods and merchandizes, ing goods. for the support of their profligate way of life, on, &c. with under false preforce and arms, at, &c. aforesaid, did falsely, unlawfully, tences of knowingly and designedly, fraudulently and wickedly pre- being tend to the said T. R. that the said W. R. then was a mer- merchants of good chant of great fortune, who wanted to purchase horses in fortune, order to send them abroad, and that he then was a house- &c. (1) keeper at P. common, in the county of K. whereas in truth and in fact, the said W. R. was not then a merchant of great fortune, who wanted to purchase horses in order to send them abroad, nor was then a housekeeper at P. common,

Second count,

omitting that W.R.

wanted

horses in

order to to send them abroad.

aforesaid, in the said county of K. as the said J. B., T. A. and W. R. did then and there, to wit, at, &. falsely pretend to the said T. R. And the jurors, &c. aforesaid, do further present, That the said J. B., T. A. and W. R. by the false pretences aforesaid, did then and there unlawfully, knowingÎy and designedly obtain from the said T. R. divers goods and merchandizes, that is to say, one mare and six geldings of him the said T. R. of great price and value, to wit, of the price and value of one hundred and forty pounds of lawful money of G. B. with intent then and there to cheat and defraud the said T. R. of the same, to the great damage of the said T. R. to the evil example, &c. against the peace, &c. and also against the form, &c. And the jurors, &c. do further present, that the said J. B., T. A. and W. R. being wicked and evil disposed persons, and common cheats, and contriving and intending unlawfully, fraudulently and deceitfully, to cheat and defraud the said T. R. of his goods and merchandizes, for the support of their profligate way of life, afterwards, to wit, on the same day and year aforesaid, with force and arms, at, &c. aforesaid, did falsely, fraud[*1007] ulently, and wickedly pretend to the said T. R. that the said W. R. then was a merchant of great fortune, and that he was then a house keeper at P. common aforesaid, in the said county of K. whereas in truth and in fact, the said W. R. was not then a merchant of great fortune, nor was then a housekeeper at P. common, aforesaid, in the said county of K. as the said J. B., T. A. and W. R. did then and there, to wit, at, &c. so falsely pretend to the said T. R. And the jurors, &c. do further present, that the said J. B., T. A. and W. R. by the false pretences last aforesaid, did then and there unlawfully, knowingly and designedly, obtain from the said T. R. divers goods and merchandizes, that is to say, one mare and six geldings of him the said T. R. of great value, to wit, of the value of one hundred and forty pounds of lawful money of G. B. with intent then and there to cheat and defraud the said T. R. of the same, to the great damage of the said T. R. to the evil example, &c. against the peace, &c. and also against the form, &c. [Third count like the first, only omitting the false pretence of the residence.]

On 30 Geo.

for obtain

That H. H. late of, &c. being an evil disposed person, and II. c. 24 contriving and intending unlawfully, fraudulently and deceiting goods fully to cheat and defraud W. K., J. O. B. and D. K. silk under the manufacturers, and sellers of their goods, wares and merchanfalse pre- dizes, for the support of his profligate way of life, on, &c. at, tences that &c. aforesaid, did go to the warehouse of the said W. K. and commend then and there, with force and arms, unlawfully, knowingly ed by a and designedly, fraudulently and wickedly did falsely pretend partner, to one G. M. then and there being the servant and shopman

he was re

bill of ex

of the said W. K., J. O. B. and D. K. that he said H. H. was and that a recommended by the said J. O. B. as a fit and proper person change for them the W. K., J. O. B. and D. K. to deal with in the was good. way of their said trade and business, whereas in truth and in (m) fact he the said H. H. was not recommended by the said J. O. B. but on the contrary thereof was then and there wholly unknown to the said J. O. B. And the jurors, &c. do further present, that the said H. H. in further prosecution of* [*1008] his said intention to cheat and defraud the said W. K., J. O. B. and D. K. of their goods, wares and merchandizes, afterwards, to wit, on the day and year aforesaid, at, &c. aforesaid, with force and arms, unlawfully, knowingly and designedly, fraudulently and wickedly did falsely pretend to the said G. M. so then being the servant and shopman of the said W. K., J. O. B. and D. K. as aforesaid, that if certain goods and merchandizes, to wit, six dozen of handkerchiefs, and ten pieces of handkerchiefs, of the said W. K., J. O. B. and D. K. which he the said G. M. had then and there shown to the said H. H. were sent to Number 22 New street, Bishopsgate street, at 7 o'clock in the evening of the same day, he the said H. H. would pay the sum of 271. 19s. of lawful money of G. B. for the same, upon the delivery thereof there. And the jurors, &c. do further present, that the said goods, wares and merchandizes, were sent by the said W. K., J. O. B. and D. K. to No. 22, N. street, aforesaid, at 7 o'clock in the evening of the day aforesaid, and that thereupon the said H. H. then and there, with force and arms, unlawfully, knowingly and designedly, fraudulently, deceitfully and wickedly, in order to induce the said G. M. to deliver the said goods, wares and merchandizes, to him the said H. H. did deliver to the said G. M. he then and there being such servant and shopman as aforesaid, a certain bill of exchange as in part payment of the said sum 277. 19s. and then and there falsely, knowingly and designedly represented the same to be a good bill, and as good a bill as cash (thereby then and there meaning that the same would be paid when due, by the person by whom it appeared to be accepted) which said bill of exchange is as follows:

27/. 19s.

London, 27th December, 1800. One month after date, pay to my order the sum of twenty-seven pounds, nineteen shillings, value received.

To Mr. R. E. at Messrs. M. and Co.
B. church yard, T. street.

(m) This indictment was settled by an eminent crown lawyer, see 2 Crim. Law.

H. H.

Accepted R. E.

East, 30. 2. M. and S. 379. and ge-
neral note, ante 996 to 1000.
VOL. III.
31