1777-12-16 (static/transcriptions/1777/12/040.jpg)

1777. Sessions. [Tuesday] Dec. 16.

Obtain’d [ILL]ds from the several Tradesmen who prosecuted. The occasion of my brother Chambers mentioning this case of Day was conversation between me and him concerning cases wherein it had been holden that simply lies told to obtain goods would not make an Indictable offence. I think the Doctrine of the case of Day right.
Verdict. Guilty.

Impey said to Bailey; that if he made restitution to the prosecutor, that would be taken into consideration when the Court pronounced Judgment on him.
Impey also ask’d Bailey after the Conviction, whether he was in this Country by any Licence. He said he had been an Officer in the Company’s Military Service. In fact he had been a Cadet. Impey said in cases of Conviction of such offences it would be proper for us to apply to the Governor-General and Council to send the offenders home after their punishment was inflicted. I said nothing in answer to this, but I do not approve our making any application, because I think the right they have by Act of Parliament to send to England Persons here without Licence, so liable to abuse that I think it is not becoming the Court to encourage
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