that J. M. late of, &c. contriving and intending to prejudice and bring one C. G. to great expences, and unlawfully to subject him the said C. G. to the payment of a great sum of money, afterwards, to wit, on the said, &c. at, &c. aforesaid, in his own proper person came before J. F. gentleman, and then and there, with force and arms, feloniously did represent and personate the person of the said C. G. of, &c. yeoman, and in the name and by the addition of him the said C. G. did become bail for the said J. R. in a certain recognizance taken before the said J. F. in the action aforesaid, (he the said J. F. then and there having full and lawful power and authority, by virtue of a commission under the seal of the said court of the common bench, to take a recognisance in that behalf, in the said county of N. according to the form of the statute in such case made and provided, by which said recognizance he the said J. M. (by feloniously representing and personating the person of the said C. G.) in the name and by the addition of him the said C. G. as aforesaid, before the said J. F. then and there feloniously and unlawfully did acknowledge to owe to the said D. D. the sum of fifty pounds, to be levied upon the goods and chattels, lands and tenenements of him the said C. G. upon condition that if the said J. R. should be condemned in the said action he the said J. R. should pay the condemnation money, or render himself into the Fleet for the same, or if he failed so to do, he the said C. G. (meaning the said C. G. of -, in the county of N. aforesaid, yeoman, so represented and personated by the said J. M. as aforesaid) did undertake to do it for him, (meaning the said J. R.) whereby he the said C. G. so represented and personated as aforesaid, might have been liable to the payment of the said sum of fifty pounds to be re- [*1085] covered in the same action, as if he had really himself acknowledged and entered into the said recognizance, against the form of the statute, &c. and against the peace, &c. That M. G. late of, &c. on, &c. was possessed of, and en- For per. titled unto a certain transferable share, to wit, of and in a ca- sonating the propital stock of annuities established by certain acts of parliaprietor of ment, that is to say, by an act of parliament made in the 100%. contwenty-fifth year of the reign of his late majesty king George solidated the Second, entitled, &c. [here set forth the titles of the follow- bank aning acts of parliament, 25 Geo. II. c. 27. 28 Geo. II. c. 15. and trans29 Geo. II. c. 11. 31 Geo. II. c. 22. 32 Geo. II. c. 22. 33 ferring Geo. II. c. 12. 1 Geo. III. c. 7. 6 Geo. III. c. 31. 7 Geo. the same. III. c. 24. 8 Geo. III. c. 31. 10 Geo. III. c. 36. 16 Geo. III. (×) c. 14. 18 Geo. III. c. 22. 19 Geo. III. c. 18. 21 Gec. II. c. (z) See a similar precedent, 4 dictment, 1 Leach, 434,". Wentw. 55. and abstract of an in nuities 14. and all other bank annuity acts, down to the time of the of fence,] the proprietors of which said annuities so established as aforesaid, then, to wit, on, &c. had in respect of the said annuities, transferable shares in the said capital stock of the said annuities, in proportion to their respective annuities, to wit, &c. aforesaid, and that he the said M. G. on the said, &c. was the true and real proprietor of a share in the said annuities, and in respect thereof, then and there had the said transfering share above mentioned, of and in the said capital stock of the said annuities. And the jurors, c. further present, that H. B. late of, &c. well knowing the premises, but wickedly devising and intending the governor and company of the bank of E. to defraud, afterwards, to wit, on, &c. with force and arms, at, &c. aforesaid, falsely, deceitfully and feloniously did personate the said M. G. the true and real proprietor of the said one hundred pounds share of and in the said capital stock of the said annuities, and thereby did then and there feloniously transfer the said one hundred pounds share of the said M. G. of and in the said capital stock of the said annuities, unto one R. B. as if he the said R. B. then was the true and lawful owner of the said one hundred pounds share of and in the said capital stock of the said annuities, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said M. G. on, &c. was possessed of and entitled to a share, to wit, one hundred pounds share of and in certain transferable annuities, established by certain other acts of parliament, made in the twenty-fifth year, &c. [set [*1086] forth all the acts of parliament, as in the first count,] and that the said M. G. on the said, &c. was the true and real proprietor of the said one hundred pounds share, of and in the said last mentioned annuities. And the jurors, &c. do further present, that the said H. B. well knowing the premises, but wickedly devising and intending the governor and company of the bank of E. to deceive and defraud, to wit, on the said, &c. with force and arms, at, &c. aforesaid, falsely, deceitfully and feloniously did personate the said M. G. the true and real proprietor of the said one hundred pounds share of and in the said last mentioned annuities, and thereby did then and there feloniously transfer the said one hundred pounds share of the said M. G. of and in the said last mentioned annuities, unto one R. B. as if he the said R. B. then was the true and real proprietor of the said one hundred pounds share, of and in the said annuities, against the form of the statutes, &c. and against the peace, &c. And the jurors, &c. further present, that the said M. G. on the said, &c. was possessed of, and entitled to a certain other share, to wit, one hundred pounds share of and in certain annuities in Second count. respect of which the proprietor of the said last mentioned annuities then had transferable shares, of and in the said capital stock of annuities established by certain other acts of parliament, that is to say, by, &c. [set forth all the acts as above] in proportion to their respective annuities, and that he the said M. G. &c. [as in last count,] against the form of the statute, &c. and against the peace, &c. INDICTMENTS FOR KILLING, WOUNDING AND Geo. I. c. That A. H. late of, &c. being an ill designing and disor- For a caderly person, and of a wicked and malicious mind, after the first pital feloday of June,* in the year of our lord one thousand seven hun- ny, on 9 dred and twenty-three, to wit, on, &c. with force and arms, 22. in maat, &c. one black gelding of the price of fourteen pounds, of liciously the goods and chattels of one J. J. in a certain field belong- killing a ing to him the said J. J. then and there being, feloniously, gelding, unlawfully, wilfully and maliciously then and there did kill [*1087] and destroy, to the great damage of him the said J. J. against the form of the statute, &c. and against the peace, &c. (a) ny on 9 That P. C. late of, &c. being an ill-designing and disorder- For a caly person, and of a wicked and malicious mind and disposi- pital felotion, after the first day of June, in the year of our lord one Geo. I. c. thousand seven hundred and twenty-three, to wit, &c. with 22. for maforce and arms, at, &c. aforesaid, one cow of the price of seven pounds, of the goods and chattels of C. J. in a certain (a) See other precedents post 1087, 8. 2 Bla. Rep. 721. Cro. C. C. 83.4. Starkie, 553, 4. A precedent for killing a mare; first count for killing, Second count for maiming third count for killing a gelding. 6 Wentw. 372. This offence is founded on 9 Geo. I. c. 22. commonly called the Black Act, which we have already had occasion to notice so frequently. The clause which relates to it makes it felony without benefit of clergy to unlawfully and maliciously "kill, maim, or wound, any cattle." Within the term cattle in this act horses are included, and need not in the indictment be speIcially averred to be cattle, 2 Bla. Rep. 721. But to bring the case within the statute, the offender must be actuated by malice against the owner of the animal killed or maimed, and not merely against the animal itself. And therefore if a per son wound an animal belonging to another from the sudden impulse of passion towards it, it has been held that he is not within the act, 1 Leach 527. and in notes. But it is not necessary to give evidence of express malice against the owner which will be presumed until the contrary ap pears 2 East, P. C. 1074. And in Dawson's case, who was indicted for poisoning horses in order to prevent them from running the race, defendant having betted against them it was holden that this intent was sufficient to bring the case within the act, and the defendant was convicted M. S. S. See the indictment post. If however, it appears on the evidence that the defendant was a servant to the prosecutor, and, in irritation because his master would not let him have another horse to drive in a team, he committed the injury on the horse which he desir liciously barton belonging to him the said C. J. then and there being, maiming a feloniously, unlawfully, wilfully and maliciously, then and cow. (6) there did maim and wound, to the great damage of the said C. J. against the form of the statute, &c. and against the [*1088] peace, &c. On the same act for maim ing in a field in another form. (c) That A. B. late of, &c. on, &c. at, &c. aforesaid, in a certain open piece or parcel of ground, there called the Marsh, ing a geld. with a certain sharp instrument called a bill-hook, made of iron and steel, of the value of two shillings, which he the said J. B. in his right hand then and there had and held, feloniously, unlawfully, wilfully and maliciously did strike a certain black gelding, then being of the price of twenty pounds, in and upon the left shoulder of the said gelding, (the same then and there being the property of some person or persons, to the jurors aforesaid as yet unknown) giving to the said gelding, then and there, by such striking as aforesaid, in and upon the said left shoulder of the said gelding, one deep wound of the breadth of five inches, and of the depth of four inches, and thereby did then and there feloniously, unlawfully, wilfully and maliciously maim and wound the said gelding, against the form of the statute, &c. and against the peace, &c. On the same act for poisoning a mare. (d) That D. D. late of, &c. being an ill designing and disorderly person, and of a wicked and malicious mind, after the first day of June, in the year of our lord one thousand seven hundred and twenty-three, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, one mare of great value, to wit, of the value of 201. of the goods and chattels of one W. A. there and then being, feloniously, unlawfully, wilfully and maliciously then and there did kill and destroy, by having before then, (that is to say) on, &c. aforesaid, in the said, &c. ed to have exchanged, he will not opinion of great weight, the point (b) See a similar precedent Cro. C. C. 83. Starkie, 554. (c) See similar precedents Cro. C. C. 84. Cro. C. A 26 Starkie, 554. (d) This was the indictment against Dawson for placing poison in horse troughs, on which he was convicted and excuted, ante 1087. wilfully, maliciously and unlawfully put and infused into, and mixed with certain water then and there being in a certain trough, in, &c. aforesaid, used for the purpose of watering horses, and at which said trough the said mare of the said W. A. was usually watered, a certain quantity of deadly poison, to wit, white arsenic, and of which said water, wherein the said poison had been so put and infused, and mixed as aforesaid, the said mare of the said W. A. afterwards, to wit, on the said, &c. at, &c. aforesaid, did drink, and by reason of and in consequence thereof, the same mare then and there became and was poisoned, and afterwards, to wit, on, &c. last aforesaid, did by reason and occasion of her having been so poisoned as aforesaid, die, to wit, at, &c. aforesaid, to the great loss and damage of the said W. A. against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present that the Second said D. D. being such ill designing and disorderly person, count and of such wicked and malicious mind as aforesaid, after the said first day of June, in the year of our Lord 1723, aforesaid, to wit, on the said, &c. at, &c. aforesaid, one mare of great value, to wit, of the value of twenty pounds of the [*1089] goods and chattels of the said W. A. there then being, feloniously, unlawfully, wilfully, and maliciously then and there did kill and destroy, by having before then, to wit, on, &c. last aforesaid, in the said, &c. wilfully, maliciously and unlawfully put and infused into, and mixed with certain water, whereof the said mare of the said W. A. was accustomed to drink, a certain quantity of deadly poison, to wit, white arsenic, and of which said water, wherein the said poison had been so put and infused, and mixed as aforesaid, the said mare of the said W. A. afterwards to wit, on the said, &c. at, &c. aforesaid, did drink, and by reason and in consequence thereof, the same mare then and there became and was poisoned, and afterwards, to wit, on, &c. last aforesaid, by reason and on occasion of her having been so poisoned as aforesaid, did die, to wit, at, &c. aforesaid, to the great loss and damage of the said W. A. against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do fur- Third ther present, that the said D. D. being such ill designing aud count. disorderly person, and of such wicked and malicious mind as aforesaid, after the said, &c. to wit, on the said, &c. at, &c. aforesaid, one other mare of the value of twenty pounds of the cattle goods and chattels, and property of the said W. A. there then being, feloniously, unlawfully, wilfully and maliciously then and there did kill and destroy, to wit, by then and there causing and procuring the same mare to take and swallow a certain quantity of certain deadly poison, to wit, arsenic, of which the said last mentioned mare then and here died, to the great damage of the said W. A. against Crim. Law. VOL. III. 3 T |