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Source: The American Law Register (1852-1891), Vol. 7, No. 11 (Sep., 1859), pp. 703-704
Published by: The University of Pennsylvania Law Review
Stable URL: http://www.jstor.org/stable/3302048
Accessed: 24-02-2017 06:02 UTC
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COMMON LAW. 703
An
Anoffence
offencewas was
committed
committed
on boardon
an board
American
anship
American
anchored in
ship
th
Penarth
Penarth Roads,
Roads,
in the
inBritish
the British
Channel, Channel,
three quarters
three
of a quarters
mile from of
th
coast
coastofof
Glamorganshire,
Glamorganshire,
at a spot
atnever
a spot
left never
dry by left
the tide,
drybut
bywithi
th
aa quarter
quarterof a
ofmile
a mile
from from
the landthe
which
land
is left
which
dry. The
is left
placedry.
in questio
Th
was
wassituated
situated
between
between
the shore
theofshore
the county
of the
of Glamorgan
county of andGlamorga
two island
which
which had
had
always
always
been treated
been treated
as part ofas
the
part
county
of of
theGlamorgan.
county I
was
wasalso
also
about
about
ten miles
ten miles
from the
from
opposite
theshore
opposite
of Somersetshire.
shore of So Th
Penarth
Penarth Roads
Roads
are ninety
are ninety
miles from
miles
thefrom
mouth the
of the
mouth
Channel.
of The
t
venue
venue was
washeld
held
to beto
properly
be properly
laid in Glamorganshire.
laid in Glamorganshire.
Reg. vs. Cunning
R
ham,
ham,5 5
Jur.,
Jur.,
N. S.,
N.part
S., 1,
part
p. 202.
1, p. 202.
Reg.
Reg.vs.
vs.Webster,
Webster,
5 Jur.,
5 N.
Jur.,
S., part
N. 1,
S.,p.part
604, is1,a decision
p. 604, as
ist
whether,
whether, in an
in indictment
an indictment
for perjury
for alleged
perjuryto have
alleged
been committed
to have beby
the
thedefendant,
defendant,in swearing
in swearing
that a certain
that person
a certain
signed
person
a receipt,
sign
in
the
thepresence
presenceof the
of defendant,
the defendant,
at the foot
at of
the
a bill
footof account,
of a bill
theof
billaccount,
of account
was
wasstated
stated
with
with
sufficient
sufficient
certainty.
certainty.
Rape.-The
Rape.-The prisoner
prisoner
had carnal
had knowledge
carnal knowledge
of a girl, thirteen
of a girl,
years' th
old
by
byforce.
force.TheThe
girl girl
was incapable
was incapable
of giving of
consent
giving
from
consent
defect offrom
unde
standing,
standing, andand
it was
it not
wasshown
not that
shownthe act
thatwasthe
doneact
against
washer
done
will.a
conviction
conviction waswas
sustained.
sustained.
Reg. vs.Reg.
Fletcher,
vs. 5Fletcher,
Jur., N. S.,5part
Jur.,
1, p.N.
179
Receiving.-The
Receiving.-The prisoner
prisoner
H. was walking
H. was by
walking
the side by
of the
theprosecutrix
side of
and
andthe
theprisoner
prisoner
E. wasE.seen
wasjust
seen
previously
just previously
following behind
following
her. The
prosecutrix,
prosecutrix, felt felt
a tug aattug
her at
pocket,
her found
pocket,
her purse
found gone,
her and,
purse
on lookin
gon
round,
round, saw
saw
H. behind
H. behind
her, walking
her, walking
with E., and
with
saw H.
E.,hand
andsomethin
saw H.
to
toE.E.The
Thejury
jury
werewere
directed,
directed,
that if they
thatdid
ifnot
they
think,
didfrom
notthe
thin
ev
dence,
dence, that
that
E. was
E. participating
was participating
in the actual
in the
theft,
actual
it was thef
open
them,
them, upon
upon
the the
aboveabove
facts, to
facts,
convict
tohim
convict
of receiving.
him of Thereceivin
court hel
that
thatthis
this
direction
direction
was right.
was Reg.
right.
vs. Hilton
Reg. vs.
and Another,
Hilton and
5 Jur.,
Anoth
N. S
part
part1,1,
p. p.
47. 47.
COMMON LAW.1
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704 COMMON LAW.
propping or otherwise protecting the said messuage and land from the
effects thereof, and thereby deprived the messuage and land of their said
support, whereby the land and messuage sank. Another count stated that
plaintiff was, by reason of her said interest in the messuage and land,
entitled to have the messuage supported laterally by certain land adjoining,
yet the defendant wrongfully and negligently dug and made divers exca-
vations in the land adjoining, and without sufficiently shoring, propping
or otherwise protecting the said messuage and land, and thereby deprived
the said messuage of the support to which the plaintiff was so entitled as
aforesaid, whereby the messuage and land sank. On demurrer, both
counts were held to disclose a right of action, as well in respect of the
injury to the house as to the land. Bibby vs. Carter, Ex. 182.
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