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the

as shall be present at

in the county [or borough, &c.] of

" on

day of —, at the hour of, in the noon of the same day, to testify his knowledge concerning the premises. And be you then there to certify what you have done in the premises. Herein fail not.

Giren under my hand, this

(Signed)

day of, in the year of our Lord

I. F., Inspector [or Sub-Inspector].

Factories.

7 Vict. c. 15.

County of

[Liberty or Borough,

Form of Conviction.

day of, in

Be it remembered, that on the the year one thousand eight hundred and A. B., as the case may be.] [describe the offender] is convicted before us, J. P., and K. Q., two of her Majesty's justices of the peace for the county [liberty or borough, as the case may be], of, in pursuance of an act passed in the year of the reign of Queen Victoria, intituled [here insert the title of this act], for that he [describe the offence].

Giren under our hands and seals, the day and year above written.

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Fairs. As to Larceny in, see "Larceny," Vol. III.;-Nuisance by, see "Nuisance," Vol. V.;-Holding of, on Sunday, see post, "Lord's Day;"-Sale of Horses at, see post, "Horses;" -Regulations as to, in the Metropolitan Police District, see "Police," Vol. V.

False Imprisonment. See "Assault;" "Arrest," Vol. I.

False News. See " Conspiracy," Vol. I.; "Engrossing," Vol.
II.; post, “Libel.”

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False Personating. See "Personating," Vol. V.; -Personating
Bail, ante, Vol. I.;—Personating Pensioners, see
"Military
Law,” Vol. V.;—Personating Seamen, see Seamen," Vol. V.;
-Personating Persons to obtain transfer of Stock, &c., see
"Forgery," Vol. III. post ;—Personating Corporation Officers,
see "Corporation," Vol. II.;-Personating Voters at Elections,
see "Parliament,” Vol. V.

False Pretences. See "Cheat," Vol. I.

False Signals & Lights. See "Ships," Vol. V.; "Wreck,"
Vol. VI.

False Weights. See "Cheat," Vol. I.

1

Felony.

Fast Days.

66

By the 2 & 3 Edw. VI. c. 19, for the encouragement of fisheries, and the increase of cattle, and stat. 5 Eliz. c. 5, intituled, “ An Act touching Politic Constitutions for the Maintenance of the Nary," and by stat. 35 Eliz. c. 7, certain restrictions were imposed with regard to eating on certain fast days; but these statutes have long since fallen into disuse, and may be deemed obsolete. See further, post, tit. " Lord's Day," and tit. "Police," Vol. V.

Fees. See "Costs,'
," "Extortion," Vol. II. See also the various
titles of Offices throughout the work; as, “Clerk of the Peace,"
"Coroner, 66
Constable," Vol. I.; post, Gaol," "Justice
of Peace;" "Sessions," Vol. V.

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Felo de Se.

As to this offence in general, and what amounts to, see post, tit.

"Homicide."

As to the forfeiture in

The 4 Geo. IV. c. 52, person found felo de se.

case of, see post, tit. " Forfeiture."

relates to the interment of the remains of any See the act, post, tit. "Homicide."

Definition of.

Felony.

I. Felony and Punishment, 16ii.

II. Offenders guilty of a Felony subsequent to previous Conric

tions, 18.

III. Misprision of Felony, 20.

IV. Theftbote, or Compounding, 20.

V. Forms, 21.

As to rewards for apprehending felons, see tit. "

Rewards," Vol. V.

I. Felony and Punishment for.

Felony is supposed by some to come from the Saxon fel, which signifieth fierce or cruel; of which the verb fell signifieth to throw down or demolish, and the substantive of that name is used to signify a mountain rough and uncultivated. But the same word, with a little variation, runneth through most of the European languages, and signifieth, more generally, an offence at large; and the Saxon word fallan signifieth to

offend, and fellnise, an offence or failure; and although felony, as it is 1. In general.
now become a technical term, signifieth, in a more restrained sense, an
offence of a high nature, yet it is not limited to capital offences only,
but still retaineth somewhat of this larger acceptation; for petit larceny
is felony, although it is not capital.

According to Sir Henry Spelman's observation, it signifies such an offence for which, during the feudal institution, a man should lose or forfeit his estate; which he derives of two northern words, fee, which signifies the fief, feud, beneficiary estate, and lon, which signifies price or value.

Upon the whole, the only adequate definition of felony seems to be this, viz. "an offence which occasions a total forfeiture of either lands, or goods, or both, at the common law, and to which capital or other punishment may be superadded, according to the degree of guilt." (4 Bl. Com. 94-5).

The idea of felony is, however, so generally connected with that of Statute enacting capital punishment, that it seems hard to separate them; and to this a felony. usage the interpretations of law now conform. For if a statute makes any new offence felony, the law implies it shall be punished with death, (viz. by hanging), as well as by forfeiture. (See 1 Hawk. c. 41, s. 4; 2 Id. e. 48).

Where a statute declares that the offender shall, under the particular circumstances, be deemed to have feloniously committed any act, it makes the offence a felony, and imposes all the common and ordinary consequences attending a felony. (R. v. Johnson, 3 M. & Sel. 556). And though a statute make the doing of an act felonious, yet, if a subsequent act make it penal only, the latter is considered as a virtual repeal of the former. (1 Hawk. c. 40, s. 5).

All felonies are several and cannot be joint, so that a pardon of one Felony by several. felon cannot discharge another; but the felony of one man may be dependent upon that of another, and the pardon of the one, by a necessary consequence, enure to the benefit of the other, as in cases of principal and accessary, &c. See title “Accessary," Vol. I.

It would swell this title unnecessarily, and to an inconvenient length, to set down every thing which may be comprehended under the word felony; therefore, for the consideration of the several particular kinds of felonies, the reader is referred to their respective titles; as, for instance, Burglary, Coin, Forgery, Homicide, Rape, Robbery, and many others; and, especially, the law relating to stolen goods of all kinds belongs to title "Larceny."

The method of bringing a felon to justice, from the first commission of the felony to his condemnation and execution, is treated of under the several titles of Arraignment, Arrest, Attainder, Bail, Commitment, Confession, Evidence, Examination, Execution, Forfeiture, Gaol, Hue and Cry, Indictment, Judgment, Jurors, Process. And the course and whole procedure of trying an offender is treated of under titles "Sessions,” Vol. V.; "Trial," Vol. VI.

The method of confining offenders to hard labour in penitentiary houses, or in vessels upon navigable rivers, instead of transportation, is treated of under the title "Transportation," Vol. VI.

As to arresting felons, see title "Arrest," Vol. I.

Reference to felonies noticed

in this work.

Mode of appre-
ending and
felon.

prosecuting a

As to the expenses of a commitment for, see title "Commitment," Expenses. Vol. I.

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As to the expenses of prosecutions for, see Costs," Vol. II.

As to the right of prisoners being acquitted without fees, see 55 Geo. Fees.

IIL e. 50, post, titles "Gaol," "Clerk of the Peace," Vol. I.

The 7 & 8 Geo. IV. c. 28, s. 6, abolishes the benefit of clergy with Clergy abolished.

respect to persons convicted of felony. The effect of this enactment

standing alone would have been to revive the severity of the common

law in all cases of felony; but it is provided by

Sect. 7. "No person convicted of felony shall suffer death, unless it Death.

VOL. III.

C

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1. In general. be for some felony which was excluded from the benefit of clergy, before or on the first day of the present session of Parliament, or which hath been or shall be made punishable with death by some statute passed after that day."

Offence of felony

particular statutes.

Sect. 8. " Every person convicted of any felony, not punishable with not punishable by death, shall be punished in the manner prescribed by the statute or statutes specially relating to such felony; and that every person convicted of any felony, for which no punishment hath been, or hereafter may be, specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.'

Place and mode of imprisonment.

Where convict is under imprisonment.

Punishment in general.

Offenders guilty

quent to previous conviction.

Punishment.

Sect. 9. "And, with regard to the place and mode of imprisonment for all offences punishable under this act, be it enacted, that where any person shall be convicted of any offence punishable under this act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet."

Sect. 10. "Wherever sentence shall be passed for felony on a person already imprisoned under sentence for another crime, it shall be lawful for the court to award imprisonment for the subsequent offence, to commence at the expiration of the imprisonment to which such person shall have been previously sentenced; and, where such person shall be already under sentence either of imprisonment or of transportation, the court, if empowered to pass sentence of transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or transportation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded."

For the punishment of felonies punishable by particular statutes, see the different titles of offences throughout this work.

II. Offenders guilty of a felony subsequent to a
previous Conviction.

By the 7 & 8 Geo. IV. c. 28, s. 11, "And whereas it is expedient to of a felony subse- provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony, whether such conviction shall have taken place before or after the commencement of this act;" be it therefore enacted, "That if any person shall be convicted of any felony, not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment; and in an indictment for any such felony committed after a previous conviction for felony, it shall be suffi cient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the previous felony; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the court, or other officer having the

Indictment.

Evidence.

2. Offenders guilty of, after previous conviction.

custody of the records of the court where the offender was first convicted, or by the deputy of such clerk or officer (for which certificate a fee of six shillings and eight pence, and no more, shall be demanded and taken), shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any such clerk, officer, or deputy, shall utter a false certi- False certificate ficate of any indictment and conviction for a previous felony, or if any by clerk, &c. person, other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and being lawfully convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment."

Hard labour.
Solitary confine-

ment, &c.

To imprisonment for this offence may be added hard labour, and with or without solitary confinement for the whole or any part of the imprisonment. (7 & 8 Geo. IV. c. 28, s. 9, ante, 18). Such confinement not exceeding one month at any one time, nor three months in any one year. (7 Will. IV. & 1 Vict. c. 90, s. 5). The offender, if a male, Whipping. may also (if the Court so think fit), in addition to the imprisonment, be once, twice, or thrice publicly or privately whipped. (7 & 8 Geo. IV. e. 28, s. 11).

In order to prove the identity of the offender on a prosecution under Proof of identity. the above enactment, it is not essential to call a witness who was present at the trial to which the certificate refers; it is sufficient to prove that the defendant is the person who underwent the sentence mentioned in the certificate. (Reg. v. Crofts, 9 C. & P. 219).

Formerly a practice prevailed universally at the Old Bailey, and Course of proceed generally upon the circuits, in an indictment for a subsequent felony ing as to. under the above act, to prove the subsequent felony first, and then, after the jury had delivered their opinion upon that, to present the charge, with respect to the previous conviction, for the first time to their consideration. This course of proceeding was debated by the judges, many of whom felt a difficulty how to leave as two separate questions, that which forms but one entire charge in the indictment. (Per Tindal, C.J., R.v. Rees, Sp. Ass. 1831. See also R. v. Jones, 6 C. & P. 391). consequence of this debate it became the practice, prior to the recent statute of 6 & 7 Will. IV. c. 91, to submit both questions together, which operated as a manifest injustice to the prisoner.

In

But now, by the 6 & 7 Will. IV. c. 111, intituled "An act to prevent the fact of a previous conviction being given in evidence to the jury on the case before them, except when evidence to character is given," reciting that by the 7 & 8 Geo. IV. c. 28, "provision is made for the more exemplary punishment of offenders who shall commit any felony not punishable with death after a previous conviction for felony: and whereas since the passing of the said act the practice has been on the trial of any person for any such subsequent felony to charge the jury to inquire at the same time concerning such previous conviction: and whereas doubts may be reasonably entertained whether such practice is consistent with a fair and impartial inquiry as regards the matter of such subsequent felony, and it is expedient that such practice should from henceforth be discontinued;" it is therefore enacted, "that from and after the passing of this act it shall not be lawful on the trial of any person for any such subsequent felony to charge the jury to inquire conarning such previous conviction until after they shall have inquired Ocerning such subsequent felony, and shall have found such person guilty of the same; and whenever in any indictment such previous conviction shall be stated, the reading of such statement to the jury as part

A previous conviction not to be given in charge or read to the jury until after the sequent felony, except when evidence as to good character is given.

finding for a sub

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