R v Alexander Richmond

JurisdictionEngland & Wales
Judgment Date01 January 1859
Date01 January 1859
CourtHigh Court

English Reports Citation: 169 E.R. 1203

IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR

Regina
and
Alexander Richmond

S C. 28 L. J. M. C. 188; 33 L. T. O. S. 139, 23 J P 325; 5 Jur. N. S 521; 7 W. R. 417, 8 Cox C C 200

[142] 1859. regina v alexander richmond (The prisoner was convicted on an indictment, under section 57 of 9 & 10 Viet c 95, lor acting and professing to act under a false colour and pretence of the process f the County Court of S It appeared that the prisoner, being a creditor of B. btamed a blank form for plaintiff's instructions for summons, and filled it, up with particulars of the names and addresses of himself and B as plaintiff and defendant, and of the nature and amount of the claim He without authority signed the form with the name of the Registrar of the Court, and indorsed a notice (which he also without authority signed with such name), that unless B. paid the amount by a certain day an execution warrant would issue. This form so filled up and signed he sent by post to B. with intent thereby to obtain payment of his debt. Held, by Cockbum C J., Erie J , Crompton J. and Watson B. (Bramwell B. dubitante), that these facts constituted an acting and professing to act under the false colour or pretence of the process of the County Court, and that the conviction was right.) [S C. 28 L. J. M. C. 188 ; 33 L. T. 0. S 139 , 23 J P 325 ; 5 Jur. N. S 521 ; 7 W. R. 417 , 8 Cox C C 200 ] The following case was reserved by Watson B The pnaomei was tried before me at the Spring Somersetshire Assizes, 1859, for an ofence under the County Court Act, 9 & 10 Viet c. 95, s 57, in several counts, for acting and professing to act under false colour and pretence of process of the County Court of Somersetshire The prisoner had obtained blank forms for the plaintiff's instructions to issue County Court Summons, one of which he filled up, and without any authority, signed it, " William Giles, Registrar of the Taunton Court " (original annexed) On the back the prisoner wrote : PL"- \ " william giles." " Unless the whole amount claimed by Alexander Richmond, draper, of Taunton, 13 paid on Saturday, an execution warrant will be immediately issued against you. " Witness '' my signature The registrar of the Court is named William Giles The signatures on the face and Git the back were forgeries. This document the prisoner inclosed in an envelope, and sent it by post to Thomas Saooks (the person inserted as defendant in the form), at Creech St...

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