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WITH NOTES, CRITICAL AND EXPLANATORY, BY JAMES EDWARD DAVIS, Esq. OP THE MIDDLE TEMPLE, B ARRISTER-AT-LAW. LONDON: BUTTERWORTHS, 7, FLEET STREET, Uato $ublist«s to tye ffiuera's most ncslknt fHajeatp. HODGES, SMITH & CO., GRAFTON STREET, DUBLIN. 1861. £wl- LO N DO N : PRINTED BV C. ROWOKT11 AND SONS, BELL YARD, TEMPLE BAR. INTRODUCTION. The Criminal Law Consolidation Acts of 1861 were introduced as bills into the House of Lords, in 1860, and passed through a Select Committee. As there was not sufficient time to get them through the House of Commons during the same session, they were withdrawn, and re-introduced into the Lower House at the commencement of the last session, and after a second reading they were referred to a Select Committee. Having passed through the House of Commons with few amend- ments involving matters of principle, and conse- quently being sent to the House of Lords nearly in the state in which the bills of the previous session had left it, they were permitted to pass through that House almost pro forma, and received the Royal Assent on the 6th of August, and they come into operation on the 1 st of November next. These statutes may be regarded as the first fruits of the repeated efforts by Commissions and other- wise during the last thirty years, to effect a con- solidation of the Criminal Law of this country. Nevertheless, to treat these Acts as a consolidation of the Criminal Law would be incorrect, and also unfair to the able hands entrusted with the duty a 2 778822 VI INTRODUCTION. of framing them. They do not consolidate the Criminal Law, nor do they attempt to do so. Offences against the state (except so far as regards the coinage), offences against public justice, in- cluding perjury, and many offences against the public peace and morals, comprising the laws re- lating to game, libel, fraudulent bankrupts, gaming, smuggling, together with a variety of other crimes and misdemeanors, are not touched. Above all, the law relating to Criminal Procedure is left unconsolidated. The scope of the New Acts is indicated by their titles. They comprise the Statute Law relating to larceny and other similar offences— to malicious injuries to property, and to offences against the person; to which are added indictable offences by forgery, and offences relating to the coin. And notwithstanding the title of the Acts might lead to the supposition that the whole of the law on these particular subjects has been consolidated and amended, an examination of them demonstrates that no such intention even existed in the mind of the draughtsman. For example, in the Larceny Act, although there are several clauses under the general head of "larceny or embezzlement, by clerks, servants, or persons in the public service," where of course, if it had been desired, the stealing of money letters by clerks and letter carriers might and would have been introduced, those offences are omitted. The new Criminal Acts are, in fact, new editions INTRODUCTION. Vll of " Peel's Acts," embodying the subsequent legis- lation relating to the subjects of those particular statutes. Thus, the ground work of the Larceny Act, the Malicious Injuries Act, and the Offences against the Person Act, are the Acts 7 & 8 Geo. 4, cc. 29 and 30, and the 9 Geo. 4, c. 31, respec- tively, and bear the same titles of Consolidation and Amendment. In like manner the Forgery Act is chiefly based on the 11 Geo. 4 & 1 Will. 4, c. 66 ; and the Act relating to the coin bears the same title, and follows in its main provisions the 2 Will. 4, c. 34. Of the two other new Acts, the one, relating to accessories and abettors, collects the scattered pro- visions on the subject to be found in "Peel's Acts" and subsequent statutes, and the other repeals the old provisions embodied in the new statutes. In thus indicating the scheme of the new sta- tutes, it must not be supposed that the amount of labour involved in their preparation is under- valued. In no plan for the consolidation of the Criminal Law, however extensive, could the very valuable and admirably drawn provisions of "Peel's Acts" be properly treated otherwise than as the foundation of legislation upon the subjects to which they relate. So far as the definition of offences is concerned they were all that could be desired at the time, and even down to the present moment have sufficed to meet the general require- ments of society. Still, the progress of commerce and science on the one hand, and the ingenuity of crime on the other, from time to time called for Vlll INTRODUCTION. the interference of the legislature, by extending the scope of particular portions of these Acts. The principal changes, however, had been, not so much in the definition of crimes, as in the punish- ments awarded to them. The gradual contraction of capital punishments, and the substitution of transportation for life, and — as a necessary conse- quence for the preservation of a due distinction in the enormity of offences — a corresponding re- duction of offences previously punishable with transportation for life, to transportation for a term of years ; the abolition of transportation for simple larceny and offences punishable as simple larceny; the introduction of penal servitude ; and lastly, the cessation of transportation altogether ; had so complicated the statute law that it was a work of considerable difficulty in many cases to ascertain the existing limits of punishment for each offence. The crime of horse-stealing may be taken as a fair illustration, and by no means the most compli- cated. What is the punishment for horse-stealing at this monent, that is to say, before the new Acts come into operation? Answer. Penal servitude for not more than fifteen or not less than three years, or imprisonment not exceeding two years, with or without hard labour. Question. How is that shown ? Answer. The 7 & 8 Geo. 4, c. 29, enacts, that if any person shall steal any horse, he shall suffer death as a felon. By the 2 & 3 Will. 4, c. 62, the punishment of death was abolished, and transportation for life was substituted for this and other offences. By the 7 Will. 4 & 1 Vict. c. INTRODUCTION. IX 90, s. 1, so much of the 2 & 3 Will. 4, c. 62, as related to the punishment of persons convicted of offences for which they were liable, under that Act, to be transported for life, was repealed, and transportation for fifteen or not less than ten years, or imprisonment not exceeding three years, was substituted. Then the 9 & 10 Vict. c. 24, s. 1, enacted, that in all cases where the court was empowered or required to award a sentence of transportation exceeding seven years, it should be lawful to award a sentence of transportation for not less than seven years, or imprisonment not exceeding two years, with or without hard labour. Then by the 16 & 17 Vict. c. 99, transportation for not less than fourteen years was abolished, and certain sentences of penal servitude authorized in- stead. Those provisions, however, were repealed by the 20 & 21 Vict. c. 3, s. 1, which abolished transportation, and substituted penal servitude for the same term of years, with a proviso that in any case in which sentence of seven years' transporta- tion might have been passed, it should be lawful for the court in its discretion to pass a sentence of penal servitude of not less than three years. As this proviso applied to horse-stealing in conse- quence of the statute 9 & 10 Vict. c. 24, it follows that the punishment for horse-stealing is penal servitude not exceeding fifteen and not less than three years, or imprisonment not exceeding two years. Q. E. D. To get rid of this long story, by placing the proper sentence in juxtaposition with the particular X INTRODUCTION. offence is no slight benefit conferred by the new statutes, and is, in fact, one of their two leading fea- tures, the other being the consolidation and assimi- lation of the laws for Ireland with those of England, of which both countries will reap the advantage. These two leading points have been carried out with great care, accompanied at the same time with a desire to incorporate under their proper heads not only all the legislation between the passing of "Peel's Acts" and the present time, but such addi- tional words and clauses as may meet points which have arisen in the Court of Criminal Appeal and elsewhere. Nevertheless, the Acts even as regards punish- ment are not a mere reflex of the existing law, but in the amelioration of punishments afford matter of interest to society at large. Even " Peel's Acts," which in their turn ex- hibited a great contrast to previous statutes, and were passed long subsequent to the exertions and triumphs of Sir Samuel Romilly, strike us now as written in blood. We can scarcely credit that, for stealing a lamb, a man forfeited his right to life, and that, too, under a code framed within our own memory and experience, and with the express object of reducing capital punishments. But if we are shocked at the retrospect, we may be well excused for starting at the prospect before us, the emotion arising from the same cause, a re- spect for life, but occasioned by an opposite state of things. INTRODUCTION. X1 Among the few capital offences hitherto retained has been the crime of burglary, accompanied by wounding; and certainly if there be any offence, short of actual murder, for which a man forfeits his right to existence as a member of a civilized state, it is a crime of that fearful character. The crime, however, and with it, as a consequence, the punishment, has been removed from the statute book. Burglary, with or without personal vio- lence, nay even accompanied by an attempt to murder, is now all one in the eye of the law ; and actual murder is the only offence in these statutes for which the punishment of death is retained, and burglary in its mildest form is punishable by the severest sentence short of death, penal servitude for life ; hence the abolition of the distinction. The general reduction in the scale of punishment for certain classes of offence, leaving others in their previous state, causes some apparent paradoxes in the law. Thus, if three men agree to murder a gamekeeper, and make arrangements for that pur- pose, and even lie in wait for him in his master's woods at night with fire-arms and are then dis- covered and apprehended, their offence is less in the eye of the law than if they went to the same spot for the purpose of killing rabbits, armed with offensive weapons, and ran away the moment the keeper approached. The extreme punishment for the former offence as a conspiracy to murder is, under the 24 & 25 Vict. c. 100, s. 4, ten years' penal servitude; for the latter, as constituting Xll INTRODUCTION. night poaching, fourteen years' penal servitude may be imposed (a). The answer to such cases is, that in the admi- nistration of the law the well-exercised discretion of the Judges prevents any such inconsistency ac- tually occurring ; and it may be that this answer is quite sufficient. Still the legislature, only a few years ago, was impressed with the belief, and a great deal of legislation took place upon the as- sumption, that persons embarking upon or engaged in the more serious classes of offences should be aware of the great distinction which the law itself — and not merely the administrators of that law — made between crimes perpetrated without personal violence and those accompanied by personal in- jury; that a burglar, for instance, should be aware as a matter of positive law, that he must receive a greater punishment if on breaking into a house he wounds any of the inmates. These questions, however, involve a wider field for discussion than can be entered upon here. Bentham's distinction between the province of the Expositor and of the Censor must not be for- gotten, and the topic may be left with the sole further remark, that it is singular the consolidation statutes should have passed into law without call- (a) It is right to state that the apparent anomaly in this par- ticular instance does not originate, so far as England is con- cerned, with the recent statute, for hitherto conspiracy to murder has there been only a common law misdemeanor. The statutable offence (capital in Ireland) has been now extended to England, as a misdemeanor, and the punishment reduced as stated in the text. INTRODUCTION. Xlll ing forth any expression of opinion in either House of Parliament, upon points undoubtedly involving principles of considerable public importance. Returning to a closer examination of the new statutes, it may be observed that the few instances pointed out in the notes where there is an ap- parent deviation in the Acts themselves from the consistency of punishments awarded, are chiefly attributable to alterations made subsequently to the introduction of the bills. Penal servitude, for example, for simple larceny, was not contemplated by the framer of the Larceny Acts, and its intro- duction has caused some incongruity. It is due also to the draughtsman to state, that efforts have been made to establish a systematic classification, one of the great stumbling-blocks in legislative as well as natural science. This has led in one instance to the separation, into different statutes, of the same offence, arising from different motives. By the 14 & 15 Vict. c. 19, s. 6, the wilfully and maliciously placing wood or stones on railways, or displacing rails or turning points, with intent to obstruct, upset or destroy any en- gine, &c, or to endanger the safety of any person, was made a felony. The new Malicious Injuries Act, 24 & 25 Vict. c. 97, s. 35, confines the offence to the former branch— the intent to obstruct the property ; and then a corresponding section is in- troduced into the Act relating to Offences against the Person (24 & 25 Vict. c. 100, s. 32), to meet XIV INTRODUCTION. the other intent. Still as the overt act is the same, the two provisions must, for practical pur- poses, be considered together, and every indict- ment for a felonious obstruction ought to contain counts to meet either intent. On the other hand, the limited object in view has led to the retention in the Consolidation Acts of a class of offences, which undoubtedly range rather with the Game laws than with larceny or similar offences. Setting snares for hares and rabbits, destroying fences where deer are kept, and fishing in private property, are all dealt with, and of course are not treated as larceny, or as if they resembled larceny, but as acts of trespass, punishable on summary conviction. The reason for their retention is of course, that they are to be found in " Peel's Acts," and that unless there was merely a partial repeal of the 7 & 8 Geo. 4, c. 29, it was absolutely necessary to deal with these offences. They obtained a place in " Peel's Acts" for similar reasons, and also because the general Game laws were then a vexed question, not ripe at that moment for legislation. Perhaps, as the least of two evils, the best course on the present occasion would have been to leave these particular clauses unrepealed (a course adopted with numerous other statutes), to be embraced in some future consolidated statute relating to the Game laws. Be that as it may, they operate injuriously on the attempted syste- matic classification. INTRODUCTION. XV The great defect, however, apparent on the face of the new Acts, arises from the legislature taking a narrow range of action, and not accompanying these statutes with another statute for the con- solidation and amendment of the law relating to Criminal Procedure. The want of it has led to a sad but almost necessary redundancy of expression. In the absence of one general bill, by which these and all other Acts, past and future, might be worked, it was essential to introduce a number of pro- cedure sections ; and in order to keep each Act distinct and independent one of another, sections having the same object have been inserted in each Act. The venue for offences committed within the jurisdiction of the Admiralty may be referred to as an illustration. The same provision, in pre- cisely the same terms, is repeated in four of the Acts, and in the fifth it is repeated in the same terms, with some addition, in consequence of the statute applying to Scotland, and in the sixth Act a similar clause applies to accessories. In a pro- cedure Act one section of general application would of course have sufficed, not merely for these six statutes, but for all others. The same remark applies to several other sections, as to hard labour and other matters, and the result is, that in Acts avowedly passed to consolidate the law, fifty sections encumber the ground, where eight or ten would have answered the purpose. The laudable object which the framer had in XVI INTRODUCTION. view, of giving an independent operation to each statute, has moreover been defeated. In conse- quence of an important alteration in another pro- cedure clause (sect. 116 of the Larceny Consoli- dation Act), made by the Committee of the House of Commons, its application from being confined to the particular Act, now extends to " any indict- ment" "for any offence," and that section now governs the procedure not only under the Malicious Injuries Act, but under all other Acts to which it can be applied. And in order to ascertain the procedure on the trial on a charge of malicious damage after a previous conviction, recourse must be had to an Act relating to larceny. While, therefore, these statutes are to be re- garded as of considerable value in the administra- tion of criminal justice in reference to the objects contemplated by them, it is to be hoped that they will not be allowed to stand in the way of, or to protract, the ultimate Consolidation of the whole body of the statute law. To show how far off we are from the accom- plishment of the desired object, it is only neces- sary to glance at the repealing statute, the 24 & 25 Vict. c. 95. Although the schedule exhibits a goodly array of one hundred and six statutes, only twenty-six English statutes are wholly re- pealed, in exchange for seven more now added, and one of these seven extending to the length of 123 sections. The greater part of the scheduled statutes are brought out in their entirety to be INTRODUCTION. XV11 replaced on the shelves mutilated and distorted (a). Sections are torn out of some, in others sections or parts of sections comprise the whole of what is left, retaining scarcely a trace of their original features. The repeal varies in its quality as well as extent. We have some statutes partially re- pealed as to the whole, and others wholly repealed as to part. One of the foundation statutes of the present batch already referred to, the 2 Will. 4, c. 34, is significantly repealed "as to the united king- dom;" the truth being that it cannot be erased from the statute book, for its provisions remain in force in the colonies, having been applied to them by an intervening statute, the 16 & 17 Vict. c. 48. Confusion worse confounded ! Notwithstanding this disheartening spectacle, it is to be hoped that another session will not be permitted to elapse without a comprehensive Cri- minal Procedure Act, although such a measure must necessarily override some of the provisions of these Consolidation Acts. In concluding these introductory observations a (a) By way of compensation the slain are thrice slain. That unfortunate brat the 11th section of the 7 Will. 4 & 1 Vict. c. 85, giving power to convict of assaults where the crime charged included an assault against the person, after being the plague of judges, juries and counsel, was expressly repealed by the 14 & 15 Vict. c. 100. The other provisions of the 7 Will. 4 & 1 Vict. c. 85, being superseded by the Consolidation Acts, that statute was properly inserted in the schedule of the 24 & 25 Vict. c. 95, and repealed in toto. Notwithstanding this, sect. 1 1 is, deliberately and with malice aforethought, inserted in the subsequent statute of the last session, 24 & 25 Vict. c. 101 (The Statute Law Revision Act, 1861), and specifically repealed as having ceased to be in force otherwise than by express and specific repeal ! XVlil INTRODUCTION. regret may be expressed that the claim of these statutes to be treated as part of a systematic Con- solidation of the law, and their proper examination with that view, has been much weakened by an apparently very trifling act of carelessness at the last moment. The bills were introduced and con- sidered in committee in the following order: — I. Offences against the Person. II. Larceny. III. Malicious Injuries to Property. IV. Forgery. V. Coin. VI. Accessories. Lastly. The Repeal of Statutes. But no arrangement having been preserved in the order in which they received the Royal Assent, they came out of the shuffling in strange confusion, with the Repealing Act, which ought to have been last, second, gravely reciting, " that by six several Acts of the present session of parliament" " divers Acts and parts of Acts have been consolidated and amended." It is but a poor satisfaction to the draughtsman who has his attempt at symmetry practically defeated, and to the ex- positor of the statutes, who is in some measure compelled to deal with these statutes as he finds them, to be told that it is all a matter of mere form, and that in theory all the Acts of a session constitute but one statute. One other defect of less although of some prac- tical importance can be remedied in the hoped- for Procedure Act. The new statutes have no short titles o-iven to them, that useful feature in most modern Acts of Parliament. CONTENTS. CRIMINAL LAW CONSOLIDATION STATUTES. 24 & 25 Vict. Cap. 94. An Act to consolidate and amend the Statute Law of England and Ireland relating to Accessories to and Abettors of in- dictable Offences.— [6th August, 1861] 1 24 & 25 Vict. Cap. 95. An Act to repeal certain Enactments which have been consoli- dated in several Acts of the present Session relating to indictable Offences and other Matters. — [6th August, 1861] 7 24 & 25 Vict. Cap. 96. An Act to consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar Offences. — [6th August, 1861] 20 24 & 25 Vict. Cap. 97. An Act to consolidate and amend the Statute Law of England and Ireland relating to Malicious Injuries to Property. — [6th August, 1861] 118 24 & 25 Vict. Cap. 98. An Act to consolidate and amend the Statute Law of England and Ireland relating to indictable Offences by Forgery. — [6th August, 1861] 171 24 & 25 Vict. Cap. 99. An Act to consolidate and amend the Statute Law of the United Kingdom against Offences relating to the Coin. — [6th August, 1861] 213 24 & 25 Vict. Cap. 100. An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person. — [6th August, 1861] 243 CONTENTS. A TABLE OF INDICTABLE OFFENCES under the New Criminal and Bankruptcy Law Consolidation Acts, with References to the present and former Acts, and the Punish • ment provided for each Offence .... 291 A TABLE OF SUMMARY CONVICTIONS under the New Criminal Law Consolidation Acts .... 337 INDEX 347 %* The sections and parts of sections within brachets [ ] denote those provisions of the statutes which are introduced for the first time. CRIMINAL STATUTES. 24 & 25 Vict. Cap. 94. An Act to consolidate and amend the Statute Law of England and Ireland relating to Accessories to and Abettors of indictable Offences. [6th August, 1861.] Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to accessories to and abettors of indictable offences : Be it enacted by the queen's most excellent ma- jesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, as follows : As to accessories before the fact : 1. Whosoever shall become an accessory before Accessories i i f i before the the fact to any felony, whether the same be a telony fact may be at common law or by virtue of any act passed or to punished as be passed, may be indicted, tried, convicted and P nnci i )als - punished in all respects as if he were a principal felon. This section is framed on the 11 & 12 Vict. c. 46,' s. 1. By the common law no accessory in the case of felony could be tried until after the complete conviction (see the note to ., B 24 & 25 Vict. Cap. 94. Accessories before the fact may be indicted as such, or as substantive felons. Accessories after the fact may be in- dicted as such, or as substantive felons. sect. 6, post) of the principal, the crime of the former being considered as dependent on the proved guilt of the latter. In treason and in all misdemeanors, accessories before the fact are treated as principals. 2. Whosoever shall counsel, procure or command any other person to commit any felony, whether the same be a felony at common law or by virtue of any act passed or to be passed, shall be guilty of felony, and may be indicted and convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after the con- viction of the principal felon, or may be indicted and convicted of a substantive felony whether the principal felon shall or shall not have been pre- viously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished. Framed on the 7 Geo. 4, c. 64, s. 9 ; and the Irish Act, 9 Geo. 4, c. 54, s. 23. This section is practically merged in the more comprehensive terms of the first section ; for one who procures, counsels or commands another to commit a crime, is within Lord Hale's definition of an accessory be- fore the fact. As to accessories after the fact : 3. Whosoever shall become an accessory after the fact to any felony, whether the same be a felony at common law or by virtue of any act passed or to be passed, may be indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon, or after the con- viction of the principal felou, or may be indicted and convicted of a substantive felony whether the principal felou shall or shall not have been pre- viously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in like Accessories and Abettors. 3 manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished. Framed on the 11 & 12 Vict. c. 40, s. 2 ; previous to which last-mentioned statute an accessory after the fact to felony- could be tried only along with the principal felon, or after the principal felon had been convicted, which, as the section recited, was "sometimes productive of a failure of justice." 4. [Every accessory after the fact to any felony Punishment (except where it is otherwise specially enacted), Hesafterthe whether the same be a felony at common law or by ac ' virtue of any act passed or to be passed, shall be liable, at the discretion of the court, to be im- prisoned in the common gaol or house of correction for any term not exceeding two years, with or with- out hard labour, and it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to such punishment : provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.] As to accessories generally : 5. If any principal offender shall be in anywise Prosecution convicted of any felony, it shall be lawful to pro- after prin- eeed against any accessory, either before or after been con- ,'1 n , . ,i . r> i . • i victed, but the fact, in the same manner as if such principal not attainted. felon had been attainted thereof, notwithstanding such principal felon shall die, or be pardoned, or otherwise delivered before attainder ; and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principal had been attainted. Framed on the 7 Geo. 4, c. 64, s. 11, and the Irish Act, 9 Geo. 4, c. 54, s. 25. A few words will suffice to explain the scope of this provision. By the common law no acces- b2 24 & 25 Yict. Cap. 94. Several ac- cessories may be included in the same indictment, although principal felon not in- cluded. Trial of accessories. sory can be tried until after not merely the conviction but the attainder of the principal; for r .er mere conviction, judg- ment might be arrested and the conviction cancelled, or the convict might die or be pardoned, but after sentence of death was passed ( and at common law almost all felonies were capital) he became attainted (involving at common law forfeiture of real and personal estate and corruption of blood), and the convic- tion was complete. The provisions contained in ss. 1 and 3 render this section of little practical importance. See Reg. v. Hughes, 29 Law J. (N. S.) M. C. 71. 6. Auy number of accessories at different times to any felony, and any number of receivers at different times of property stolen at one time, may be charged with substantive felonies in the same indictment, [and may be tried together,] notwith- standing the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. Framed on the 14 & 15 Vict. c. 100, s. 15. As to receivers, see post, 24 & 25 Vict. c. 96, ss. 91, 98, and notes. 7. Where any felony shall have been wholly committed within England or Ireland, the offence of any person who shall be an accessory either before or after the fact to any such felony may be dealt with, inquired of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felony, or any felonies com- mitted in any county or place in which the act by reason whereof such person shall have become such accessory shall have been committed ; and in every other case the offence of any person who shall be an accessory cither before or after the fact to any felony may be dealt with, inquired of, tried, determined and punished by any court which shall have jurisdiction to try the principal felony or any felonies committed in any county or place in which such person shall be apprehended or be in custody, whether the principal felony shall have been com- Accessories and Abettors. 5 mitted on the sea or on the land, [or hegun on the sea and completed on the laud, or begun on the land and completed on the sea,] and whether within her majesty's dominions or without, [or partly within her majesty's dominions and partly with- out ;] provided that no person who shall be once duly tried either as an accessory before or after the fact, or for a substantive felony under the provisions hereinbefore contained, shall be liable to be after- wards prosecuted for the same offence. Framed on the 7 Geo. 4, c. 64, ss. 9, 10, and the Irish Act, 9 Geo. 4, c. 54, ss. 23, 24, and on the 11 & 12 Vict. c. 46, s. 2, and amended. See nost, 24 & 25 Vict. c. 100, s. 10. See also note to s. 9, infra, and sect. 12 (unrepealed) of the 7 Geo. 4, c. 64, by which a felony or misdemeanor committed within 500 yards of the boundary of two counties, or is begun in one county and completed in another, may be tried in either. As to abettors in misdemeanors : 8. Whosoever shall aid, abet, counsel or procure Abettors in ,, . . n • i i ,i ,i nrisdemean- tne commission of any misdemeanor, whether the rs. same be a misdemeanor at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted and punished as a principal of- fender. Framed on the 7 & 8 Geo. 4, c. 30, s. 26, and on the Irish Act, 9 Geo. 4, c. 55, s. 54, and extended. This provision, nevertheless, does not extend the common law, which treats every accessory to a misdemeanor as a principal. See 1 Hale, P. C. 013; 4 Bla. Com. 36; R. v. Greenwood, 2 Den. C. C. 45:; ; S. C, 21 Law J. (N. S.) M. C. 127. As to aiders, &c. in offences punishable on summary con- viction, see post, 24 & 25 Vict. c. 96, s. 99. As to other matters : 9. [Where any person shall, within the juris- As to offences diction of the Admiralty of England or Ireland, within the become an accessory to any felony, whether the J f"he Admi- same be a felony at common law or by virtue of y " any act passed or to be passed, and whether such felony shall be committed within that jurisdiction 6 24 & 25 Vict. Cap. 94. or elsewhere, or shall be begun within that juris- diction and completed elsewhere, or shall be begun elsewhere and completed within that jurisdiction, the offence of such person shall be felony ; and in any indictment for any such offence the venue in the margin shall be the same as if the offence had been committed in the county or place in which such person shall be indicted, and his offence shall be averred to have been committed " on the high seas ;" provided that nothing herein contained shall alter or affect any of the laws relating to the govern- ment of her majesty's land or naval forces.] This provision is new in its present form. See the Larceny Consolidation Act, 24 & 25 Vict. c. 96, s. 115, post. The jurisdiction of the Admiralty extends to the seas and coasts beyond low water-mark, and beyond the body of a county. See Reg. v. Cunningham, 28 L. J. (N. S.) M. C. 66. But the offence must have been completed within the jurisdiction. By the 4 & 5 Will. 4, c. 36, offences committed on the high seas and other places within the jurisdiction of the Admiralty of England, are triable at the Central Criminal Court; and by the 7 & 8 Vict. c. 2, justices of assize and commissioners of oyer and terminer or general gaol delivery are empowered to try offences committed within the jurisdiction of the Admiralty of England. Further, by the 18 & 19 Vict. c. 91 (the Merchant Shipping Act Amendment Act, 185.5), s. 21, " If any person being a British subject, charged with having committed any crime or offence on board any British ship on the high seas or in any foreign port or harbour, or if any person, not being a British subject, charged with having committed any crime or offence onboard any British ship on the high seas, is found within the jurisdiction of any court of justice in her majesty's dominions which would have had cognizance of such crime or offence if committed within the limits of its ordinary jurisdiction, such court shall have jurisdiction to hear and try the case as if such crime or offence had been committed within such limits." Sec Reg. v. Lopez and Reg. v. Sattler, '11 L. J. (X. S.) M. C. 48 ; S. C. 1 Dears. & Bell, 525. See also 24 & 25 Vict. c. 100, s. 10, post. Act not to 10. Nothing in this acl contained shall extend to scothnd Scotland, except as hereinbefore otherwise ex- pressly provided. Accessories and Abettors. 11. This act shall commence and take effect on Commence- . ment of act. the first day of November, one thousand eight hun- dred and sixty-one. See the 24 & 25 Vict. c. 95, s. 3, and note, post, p. 8. 24 & 25 Vict. Cap. 95. An Act to repeal certain Enactments which hare been consolidated in several Acts of the present Session relating to indictable Offences and other Matters. [6th August, 1861.] Whereas by six several acts of the present session of parliament, relating respectively to offences against the person, malicious injuries to property, larceny, forgery, coining, and accessories and abettors, divers acts and parts of acts have been consolidated and amended (a), and it is ex- pedient to repeal the enactments so consolidated and amended, and certain other enactments : Be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, as follows : 1. The several acts and parts of acts in the Repeal of schedule hereto annexed shall continue in force parts of acts until and throughout the last day of October in the schedule 6 . 11 '" present year, and shall from and after that day be repealed to the extent following ; (that is to say,) in any case where the enactment does not form part of the law of Scotland then the enactment shall be wholly repealed, but in any case where the enactment does form part of the law of Scotland, (a) Sec the observations in the Introduction with reference to the misplacing of this statute. 24 & 25 Yict. Cap. 95. Repeal not to affect the colonies in certain cases. then the enactment shall be wholly repealed as to every other place, but shall not be repealed as to Scotland, unless otherwise expressly mentioned. 2. Provided, that where any enactment shall have been extended to any part of her majesty's dominions out of the united kingdom by any act of the parliament of the united kingdom or other- wise, the same shall not be repealed as to that part of her majesty's dominions. 3. Provided also, that every offence which shall Repeal not to affect offenees, &c. have been whollv or partly committed against any committed - „ „ , . before the of the said acts or parts of acts before this act commence- ment of this act. comes into operation shall be dealt with, inquired of, tried, determined and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if the said acts and parts of acts had not been repealed ; and that every act duly done, and every warrant and other instrument duly made or granted, before this act comes into operation, shall continue and be of the same force and effect as if the said acts and parts of acts had not been repealed ; and that every right, liability, privilege and protection in respect of any matter or thing committed or done before this act comes into operation shall continue and be of the same force and effect as if the said acts and parts of acts had not been repealed ; and that every action, prosecution and other proceeding which shall have been commenced before this act comes into operation, or shall thereafter be commenced, in respect of any such matter or thing, may be prosecuted, continued and defended in the same manner as if the said acts and parts of acts had not been repealed. It is scarcely necessary to observe that the effect of this Criminal Statutes Repeal. 9 secti >n is to restrain the operation of the new acts to offences wholly committed after the 31st October, 1861. The repeal of the statutes enumerated in the schedule has not ihe effect of reviving any act repealed by them, the act 13 & 14 Vict. c. 21 (for shortening the language used in acts of parliament), enacting, that when an act repealing a former act is itself repealed, the act or provisions before repealed are not to be revived unless by express words. 4. Provided also, that nothing herein contained Repeal not . ~, to affect any shall in any manner alter or affect any power or authority to authority given by any act to alter or amend any g™ t e " rs of" register of births, baptisms, marriages, deaths or births ' &e- burials. By the Forgery Act, 11 Geo. 4 & 1 Will. 4, c. 66, s. 21, the rector or officiating minister of any parish is exempted from penalties for correcting, in the mode there pointed out, acci- dental errors in registers, the correction being made within one calendar month of the discovery of the error. It will be seen by the schedule that the above section is expressly re- tained, the rest of the act being repealed. A similar exemption from penal consequences is contained in the Registration Act, 6 & 7 Will. 4, c. 86, s. 44. SCHEDULE. References to Act. Title of Act. Extent of Repeal. 10 C. 1, sess. 3, c. 20 (I.) — An act against such as shall levie any fine, suffer any recovery, acknowledge any statute, recognizance, baile or judgment in the name of any other person or per- sons not being privie and consenting thereto . The whole. 7 W. .3, c. 18(1.) — An act for taking special bails in the country upon actions and suits depending in the courts of King's Bench, Common Pleas and Exchequer at Dublin . Sect. 4. 2 & 3 Ann. c. 4. — An act for the public registering of deeds, convey- ances and wills that shall be made of any honors, manors, lands, tenements or hereditaments within the west riding of the county of York after the 29th day of September, 1704. So much of sect. 19 as relates to uny forging or coun* forfeiting therein mentioned. 6 Ann. c. 2(1.)— An act for the public registering of all deeds, con- veyances and wills that shall be made of any honors, manors, lands, tenements or hereditaments. So much of sect. 17 us relates to any forging or coun- terjeiting therein mentioned. b5 10 24 & 25 Vict. Cap. 95. References to Act. Title of Act. Extent of Repeal. 6 Ann. c. 35. — An act for the public registering of all deeds, con- veyances, wills and other incumbrances that shall be made of, or that may affect any honors, manors, lands, tenements or hereditaments within the east riding of the county of York, or the town and county of the town of Kingston- upon-Hull, after the 29th day of September, 1708; and for the rendering the register in the west riding more com- plete. So much of sect. 26 as relates to any forging or coun- terfeiting therein mentioned. 7 Ann. c. 20. — An act for the public registering of deeds, convey- ances, and wills and other incumbrances which shall be made of, or that may affect honors, manors, lands, tene- ments or hereditaments within the county of Middlesex after the 29th day of September, 1 709. So much of sect. 15 as relates to any forging or coun- terfeiting therein mentioned. 8 Ann. c. 10(1.) — An act for amending an act intituled " An Act for the Public Registering of all Deeds, Conveyances and Wills that shall be made of any Honors, Manors, Lands, Tenements or Hereditaments." So much of sect. 4 as relates to any forging or coun- terfeiting therein mentioned. 8 Geo. 1, c. 15 (1.) — An act for explaining and amending two several acts in relation to the public registering of deeds, conveyances and wills. So much of sect. 4 as relates to any forging or coun- terfeiting therein mentioned. 11 Geo. 1, c. 9. — An act for continuing the several annuities of 8S,751/. 7s. lOirf. and 100,000/. to the Bank of England until Midsummer, 1727, and from thence for reducing the same to 71,001/. 2s. 3£ost. 16. If any person shall enter into any forest, £f e er ers &c chase or purlieu, whether inclosed or not, or into may seize the guns, Sec. of any inclosed land where deer shall be usually kept, offenders . i . n l 1 mi who, on with intent unlawfully to hunt, course, wound, kill, demand, do , . not deliver snare, or carry away any deer, every person in- up the same , trusted with the care of such deer, and any of his assistants, whether in his presence or not, may de- mand from every such offender any gun, fire-arms, snare or engine in his possession, and any dog there brought for hunting, coursing or killing deer, and, in case such offender shall not immediately deliver up the same, may seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer: and if any such offender shall Penalty on J resistance unlawfully beat or wound any person intrusted to keepers, with the care of the deer, or any of his assistants, execution of i * /.i • i ^i • their duty. in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. This section follows almost verbatim the 7 & 8 Geo. 4, c.29, s. 29, and this provision is now extended to Ireland. As to solitary confinement and whipping, see post, s. 119. This offence is triable at quarter sessions. 17. Whosoever shall unlawfully and wilfully, Killing, &c. . , hares or [between the expiration of the first hour after sun- rabbits in a C5 34 24 & 25 Vict. Cap. 96. warren in the night- time. The like in the day- time. Exception. set and the beginning of the last hour before sun- rise,] take or kill any hare or rabbit in any warren or ground lawfully used for the breeding or keep- ing of hares or rabbits, whether the same be in- closed or not, shall be guilty of a misdemeanor ; and whosoever shall unlawfully and wilfully, [be- tween the beginning of the last hour before sunrise and the expiration of the first hour after sunset,] take or kill any hare or rabbit in any such warren or ground, or shall at any time set or use therein any snare or engine for the taking of hares or rab- bits, shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet ; provided that nothing in this section con- tained shall affect any person taking or killing in the day-time any rabbits on any sea bank or river bank in the county of Lincoln, so far as the tide shall extend, or within one furlong of such bank. With the exception of the substitution of defined hours for " night-time" and " day-time," this section follows the lan- guage of the 7 & S Geo. 4, c. 29, s. 30. This provision is now extended to Ireland. The punishment for the indictable mis- demeanor is not defined, but by common law misdemeanors are punishable by fine or imprisonment. If the summary conviction under this section is by one jus- tice only, an appeal lies (see sect. 110, post); and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. Stealing dogs. 18. Whosoever shall steal any dog shall, on con- viction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be im- prisoned and kept to hard labour, for any term not exceeding six months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds, as to the Of Larceny, etc. ou said justices shall seem meet ; and whosoever, hav- Second ing been convicted of any such offence, [either against this or any former act of parliament,] shall afterwards steal any dog, shall be guilty of a mis- demeanor, and being convicted thereof shall be liable, at the discretion of the court, to be impri- soned for any term not exceeding eighteen months, with or without hard labour. Framed on the repealed statute 8 & 9 Vict. c. 47, s. 2. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. Dog-stealing is not larceny at common law, (see the note to sect. 21, post.) An appeal lies against the summary conviction, if the sum adjudged to be paid exceeds 51 (see sect. 110, post), or if the imprisonment adjudged exceeds one month ; and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justices, as being erroneous in point of law : 20 & 21 Vict. c. 43. The second offence is triable at quarter sessions. 19. Whosoever shall unlawfully have in his pos- ^"J " session or on bis premises any stolen dog, or the dogs, skin of any stolen dog, knowing such dog to have been stolen or such skin to be the skin of a stolen dog, shall, on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet : and whosoever, having been convicted Second „ offence. of any such offence, either against this or any for- mer act of parliament, shall afterwards be guilty of any such offence as in this section before men- tioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not ex- ceeding eighteen months, with or without hard labour. Framed on the 8 & 9 Vict. c. 47, s. 3. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal to the quarter sessions lies against the summary conviction, if the sum adjudged to be paid exceeds 5/. (see sect. 110, post); 24 & 25 Vict. Cap. 96. Taking money to restore dog Stealing beasts or birds ordi- narily kept in confine- ment, and not the subjects of larceny. Second offence. and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justices, as being erroneous in point of law : 20 & 21 Vict. c. 43. The second offence is triable at quarter sessions. For the procedure on the trial, see post, s. 116. 20. Whosoever shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any dog which shall have been stolen, or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or with- out hard labour. Framed on the 8 & 9 Vict. c. 47, s. 6. This provision is now extended to Ireland. 21. Whosoever shall steal any bird, beast, [or other animal,] ordinarily kept in a state of confine- ment [or for any domestic purpose,] not being the subject of larceny at common law, [or shall wil- fully kill any such bird, beast or animal, with intent to steal the same or any part thereof,] shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour for any term not exceeding six months, or else shall forfeit and pay, over and above the value of the bird, beast [or other animal,] such sum of money, not exceeding twenty pounds, as to the justice shall seem meet ; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall after- wards commit any offence in this section before mentioned, and shall be convicted thereof in like Lakceny, etc. 37 manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months, as the convicting justice shall think fit. Framed on the 7 & 8 Geo. 4, c. 29, s. 31. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal lies to the quarter sessions against these convic- tions, if the imprisonment exceeds one month, or if the sum adjudged to be paid exceeds 51., or if the conviction is before one justice only (see sect. 110, post) ; and either party may appeal to one of the superior courts, if dissatisfied with the de- termination of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. The common law with reference to animals may be thus concisely stated. Domestic animals serving for food are the subject of larceny at common law, but wild animals in their natural state of liberty are not the subject of larceny at com- mon law ; but such animals as are used for food, if reclaimed or confined, become the subject of larceny at common law, as pigeons which have a house or box, although open to the common air {Reg. v. Cheafor, 2 Den. C. C. 361 ; S. C. 21 L. J., M. C. 43), deer in a park, fish in a net, and so forth; but dogs, cats, ferrets, monkeys, parrots, and other animals, although tame and saleable, are not the subject of larceny at common law. 22. If any such bird, or any of the plumage Persons thereof, or any dog, or any such beast, or the skin possession thereof, [or any such animal, or any part thereof,] beasts, &.-c. shall be found in the possession or on the premises penalties. of any person, any justice may restore the same respectively to the owner thereof; and any person in whose possession or on whose premises such bird or the plumage thereof, or such beast or the skin thereof, [or such animal or any part thereof,] shall be so found, (such person knowing that the bird, beast [or animal] has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skiu of a stolen beast, [or that the part is a part of a stolen animal,)] shall, on conviction before a jus- tice of the peace, be liable for the first offence to such forfeiture, and for every subsequent offence to 38 24 & 25 Vict. Cap. 96. Killing pigeons. Taking fish in any water situate in land be- longing to a dwelling- house ; in a private fishery else- where. such punishment, as any person convicted of steal- ing any beast or bird is made liable to by the last preceding section. By this section the 7 & 8 Geo. 4, c. 29, s. 32, the 8 & 9 Vict. c. 47, s. 3, and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are as- similated. An appeal lies to the quarter sessions against these con- victions if the imprisonment exceeds one month, or if the sum adjudged to be paid exceeds 51., or if the conviction is before one justice only (see sect. 110, post) ; and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. 23. Whosoever shall unlawfully and wilfully kill, wound, or take any house dove or pigeon under such circumstances as shall not amount to larceny at common law, shall, on conviction before a j ustice of the peace, forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds. Framed on the 7 & 8 Geo. 4, c. 29, s. 33, which is thus extended to Ireland. See the note to sect. 22, supra. An appeal lies to the quarter sessions if the conviction be before one justice only, (see sect. 110, post); and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law : 20 & 21 Vict c. 43. 24. Whosoever shall unlawfully and wilfully take or destroy any fish in any water which shall run through or be in any land adjoining or belonging to the dwelling-house of any person being the owner of such water, or having a right of fishery therein, shall be guilty of a misdemeanor ; and whosoever shall unlawfully and wilfully take or destroy, or attempt to take or destroy, any fish in any water not being such as hereinbefore mentioned, but which shall be private property, or in which there shall be any private right of fishery, shall, on con- viction thereof before a justice of the peace, forfeit Larceny, etc. 39 and pay, over and above the value of the fish taken or destroyed (if any), such sum of money, not ex- ceeding five pounds, as to the justice shall seem meet : provided, that nothing hereinbefore con- Provision respecting tained shall extend to any person angling [between anglers. the beginning of the last hour before sunrise and the expiration of the first hour after sunset] : but whosoever shall by angling [between the beginning of the last hour before sunrise and the expiration of the first hour after sunset] unlawfully and wil- fully take or destroy, or attempt to take or destroy, any fish in any such water as first mentioned shall, on conviction before a justice of the peace, forfeit any pay any sum not exceeding five pounds, and, if in any such water as last mentioned, he shall, on the like conviction, forfeit and pay any sum not exceeding two pounds as to the justice shall seem meet ; and if the boundary of any parish, township, f ™oun°- n aS or vill shall happen to be in or by the side of any Varies of r * J J parishes. such water as is in this section before mentioned, it shall be sufficient to* prove that the offence was committed either in the parish, township, or vill named in the indictment or information, or in any parish, township, or vill adjoining thereto. With the exception of the substitution of defined hours, for " in the day-time," this section follows almost verbatim the 7 & 8 Geo. 4, c. 29, s. 34, which is thus extended to Ireland. See the Irish Acts, 1 1 & 12 Vict. c. 92, ss. 22 & 41, and the 5 & 6 Vict. c. 106, ss. 79, 80. An appeal lies against these convictions if before one justice only, or if the money adjudged to be paid exceeds 5/., (see sect. 110, post) ; and either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law : 20 & 21 Vict. c. 43. 25. If any person shall at any time be found fish- The tackle . . , . c of fishers ing against the provisions of this act, the owner of may be the ground, water, or fishery where such offender seized. 40 24 & 25 Vict. Cap. 96. Angler, on seizure of his tackle, exempt from penalty. Stealing or dredging for oysters in oyster fisheries. shall be so found, his servant, or any person autho- rized by him, may demand from such offender any rod, line, hook, net, or other implement for taking or destroying fish which shall then be in his pos- session, and, in case such offender shall not imme- diately deliver up the same, may seize and take the same from him for the use of such owner : pro- vided, that any person angling against the provi- sions of this act, [between the beginning of the last hour before sunrise and the expiration of the first hour after sunset,] from whom any implement used by anglers shall be taken, or by whom the same shall be so delivered up, shall by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling. Framed on the 7 & 8 Geo. 4, c. 29, s. 35, which is thus extended to Ireland. 26. Whosoever shall steal any oysters or oyster brood from any oyster bed, laying, or fishery, being the property of any other person, and sufficiently marked out or known as such, shall be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny ; and whosoever shall unlawfully and wilfully use any dredge, or any net, instrument, or engine what- soever, within the limits of any oyster [bed, laying, or] fishery, [being the property of any other per- son, and sufficiently marked out or known as such,] for the purpose of taking oysters or oyster brood, although none shall be actually taken, or shall [un- lawfully and wilfully], with any net, instrument, or engine, drag upon the ground or soil of any such fishery, shall be guilty of a misdemeanor, and being convicted thereof shall he Liable, at the discretion of the court, to be imprisoned for any term not exceed- Larceny, etc. 41 ing three mouths, with or without hard labour, aud with or without solitary confinement ; and it shall f n °J™° f eut be sufficient in any indictment to describe either by name or otherwise the bed, laying, or fishery in which any of the said offences shall have been com- mitted, without stating the same to be in any par- ticular parish, township, or vill : provided, that *™££ g nothing in this section contained shall prevent any fish, person from catching or fishing for any floating fish within the limits of any oyster fishery with any net, instrument, or engine adapted for [taking] floating fish only. This section follows nearly verbatim, with the bracketed exceptions, the 7 & 8 Geo. 4, c. 29, s. 36. See the assimilated provisions of the Irish Acts, 5 & 6 Vict. c. 106, ss. 11 & 12 (repealed), 9 & 10 Vict. c. 114, 8 & 9 Vict. c. 108, s. 18 (repealed), 13 & 14 Vict. c. 88, s. 42 (repealed). This offence is triable at quarter sessions. As to larceny of written instruments : 27. Whosoever shall steal, or shall for any fraudu- Bonds, bills,: lent purpose destroy, cancel, or obliterate, the whole or any part of any valuable security (a), other than a document of title to lands, shall be guilty of felony, of the same nature and in the same degree and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may re- late, or with the money due on the security so stolen, or secured thereby and remaining unsatis- fied, or with the value of the goods or other valua- ble thing represented, mentioned, or referred to in or by the security. («) See "valuable security" defined, ante, sect. 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 5, and on the corre- sponding provision in the Irish Act, 9 Geo. 4, c. 56, s. 5. See also the unrepealed statute 2 & 3 Will. 4, s. 2, as to em- bezzlements by persons in the public service. At common 42 24 & 25 Vict. Cap. 96. Deeds, &c. relating to real pro- perty. Form of indictment. Wills or codicils. law the subject-matter of larceny must have been of things in possession, as distinguished from choses (or things) in action, of no intrinsic value, hut capable of being made available by action. Hence the stealing of securities for money was not larceny at common law, and title deeds cannot there- fore be described as goods and chattels. Reg. v. Powell, 2 Den. C C. 403, 21 L. J., M. C. 78. Bank notes may be described simply as money, 14 & 15 Vict. c. 100, s. 18. These offences are triable at quarter sessions. 28. Whosoever shall steal, [or shall for any fraudulent purpose destroy, cancel, obliterate, or conceal, the whole or any part of] any document of title to lands (a) shall be guilty of [felony], and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment (b) ; and in any indictment for any such oifence relating to any document of title to lands, it shall be sufficient to allege such document to be or to contain evidence of the title or of part of the title of the person or some one of the persons having an interest, whether [vested or contingent], legal or equitable, in the real estate to which the same relates, and to mention such real estate or some part thereof. (a) See " document of title to lands " defined, ante sect. 1. (b) See post, ss. 118, 119. Under the corresponding provision of the 7 & 8 Geo. 4, c. 29, (s. 23,) and of the Irish Act, 9 Geo. 4,c. 55, (s. 23,) this offence was only a misdemeanor. At common law a larceny could not be committed of title deeds to real estate, because they " savoured of the realty," and real property, as distinguished from personal property, was not the subject of larceny. These offences cannot be tried at quarter sessions, (5 & 6 Vict. c. 38.) 29. Whosoever shall, either during the life of the testator or after his death, steal, or for any Larceny, etc. 43 fraudulent purpose destroy, [cancel, obliterate,] or conceal [the whole or any part of] any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, shall be guilty of [felony], and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement (a) ; and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument is the property of any person : provided, that nothing in this or the ® th d ^ g r *" ot t0 last preceding section mentioned, nor any proceed- be affected, ing, conviction, or judgment to be had or taken thereupon, shall prevent, lessen, or impeach any remedy at law or in equity which any party ag- grieved by any such offence might or would have had if this act had not been passed ; but no con- viction of any such offender shall be received in evidence in any action at law or suit in equity against him ; and no person shall be liable to be convicted of any of the felonies in this and the last preceding section mentioned, by any evidence whatever, in respect of any act done by him, if he shall at any time previously to his being [charged with (b)] such offence have [first] disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have [first] disclosed the same in any [compulsory] examination or deposition before any [court upon («) See post, ss. IIS, 119. (6) " Indicted for," 7 & 8 Geo. 4, c. 29, s. 23. 44 24 & 24 Yict. Cap. 96. the hearing of any matter (a)] in bankruptcy [or insolvency]. (a) " Commissioner" 7 & 8 Geo. 4, c. 29, s. 23. Under the corresponding provisions of the 7 & 8 Geo. 4, c. 29, (ss. 22, 24), and of the Irish Act, 9 Geo. 4, c. 55, (ss. 22, 24), this offence was only a misdemeanor. See the notes to the last and previous section. These offences cannot be tried at quarter sessions, (5 & 6 Vict. c. 38.) Stealing records or 30. Whosoever shall steal, or shall for any fraudu- documents ^ ent P ur P ose ta ^ e fr° m its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously [cancel], obliterate, injure, or destroy [the whole or any part of] any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or of any original document whatsoever of or belonging to any court of record, or relating to any matter, civil or crimi- nal, begun, depending, or terminated in any such court, or of any bill, [petition,] answer, interroga- tory, deposition, affidavit, order, or decree, or of any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated in any such court, [or of any original document in anywise re- lating to the business of any office or employment under her majesty, and being or remaining in any office appertaining to any court of justice, or in any of her majesty's castles, palaces, or houses, or in any government or public office,] shall be guilty of [felony], and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without Larceny, etc. 45 solitary confinement (a) ; and it shall not in any Form of J v / ' " indictment. indictment for such offence be necessary to allege that the article in respect of which the offence is committed is the property of any person. (a) See post, ss. 118, 119. Under the corresponding provision of the 7 & 8 Geo. 4, c. 29, s. 21, and of the Irish Act, 9 Geo. 4, c. 55, s. 21, this offence was only a misdemeanor. See the note to sect. 27. These offences cannot be tried at quarter sessions, (5 & 6 Vict. c. 38.) As to larceny of things attached to or growing on land : 31. Whosoever shall steal, or shall rip, cut, sever, Metal, glass, *■ wood, &c. or break with intent to steal, any glass or wood- fixed to J house or work belonging to any building whatsoever, or any land. lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material [or of both], respectively fixed in or to any building Avhatsoever, or any thing made of metal fixed in any hind being private property, or for a fence to any dwelling-house, garden, or area, or in any square or street, or [in any (a)] place dedicated to public use or ornament, [or in any burial ground (&),] shall be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny ; and in the case of any such thing fixed in any such square, street, or place as aforesaid, it shall not be necessary to allege the same to be the property of any person. (a) " Other," 7 & 8 Geo. 4, c. 29, s. 44. (b) Without these words it washeld,(Bramwell, B.,dubitante,) that a churchyard was within the provision, as being private property. Reg. v. Jones, 1 Dears. & B. C. C. 555 ; 27 L. J. (N. S.)M. C. 171. This section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 44, and the corresponding provision in the Irish Act, 9 Geo. 4, c. 55, s. 37. The things mentioned here, being attached to the freehold, were not the subjects of larceny at common law. See the note to sect. 28. 46 24 & 25 Vict. Cap. 96. Trees in pleasure grounds of the value of ] /., or else- where of the value of 5/. Although the punishment is the same as in the case of simple larceny, the indictment must allege the thing stolen as being fixed to a building, but a wharf, with sheds on it, may be a building within this provision, Reg. v. Rice, 28 L.J. (N. S.) M. C. 64. These offences are triable at quarter sessions. 32. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage with in- tent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house, shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound,) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny (a) ; and whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing elsewhere than in any of the situations in this section before mentioned, shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of five pounds,) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny (a). [a) See ante, s. 4. This section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 38, and the corresponding provision of the Irish Act, 9 Geo. 4, c. 55, s. 31. Trees, as adhering to the freehold, were not the subject of larceny at common law. These offences are triable at quarter sessions. Juvenile offenders may be summarily convicted, under the 10 & 11 Vict. c. 82, and 13 & 14 Vict. c. 37. stealing 33. Whosoever shall steal, or shall cut, break, shrubs. &c, root up, or otherwise destroy or damage with in- Larceny, etc. 47 tent to steal, the whole or any part of any tree, wheresoever „ l- 11 t ii growing, and sapling, or shrub, or any underwood, wheresoever of any value the same may be respectively growing, the stealing punishable of such article or articles, or the injury done, being convfctfon 7 to the amount of a shilling at the least, shall, on ^ tud conviction thereof before a justice of the peace, ^rd C offence forfeit and pay, over and above the value of the felonv - article or articles stolen, or the amount of the in- jury done, such sum of money not exceeding five pounds as to the justice shall seem meet; and who- Second soever, having been convicted of any such offence [either against this or any former act "of parlia- ment], shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit ; and who- Third soever, having been twice convicted of any such ° ence ' offence [(whether both or either of such convictions shall have taken place before or after the passing of this act)], shall afterwards commit any of the offences in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner (a) as in the case of simple larceny. (a) See ante, s. 4. This section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 39, but the punishment of whipping for male of- fenders is omitted in this and sects. 34 & 37. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal lies against conviction for the first offence, if the sum adjudged to be paid exceeds 51., or if the conviction be before one justice only; and against the second offence, if before one justice only, or if the imprisonment adjudged ex- ceeds one month, (see sect. 110, post); and either party may appeal to one of the superior courts, if dissatisfied with the 48 24 & 25 Vict. Cap. 96. Stealing, &c. any live or dead fence, wooden fence, stile or gate. Second offence. determination of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. The third offence is triable at quarter sessions ; and it seems the Juvenile Offenders Acts 10 & 11 Vict. c. 82, and 13 & 14 Vict. c. 37, and also the Summary Jurisdiction Act, 18 & 19 Vict. c. 126, apply to this offence. 34. Whosoever shall steal, or shall cut, break, or throw down with intent to steal, any part of any- live or dead fence, or any wooden post, pale, [wire], or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, shall, on conviction thereof before a justice of the peace, forfeit and pay, over and above the value of the article or articles so stoleu, or the amount of the injury done, such sum of money not exceeding five pounds as to the justice shall seem meet ; and who- soever, having been convicted of any such offence [either against this or any former act of parlia- ment], shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be com- mitted to the common gaol or house of correction, there to be kept to hard labour, for such term not exceeding twelve months as the convicting justice shall think fit. Framed on the 7 & 8 Geo. 4, c. 29, s. 40. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal lies to the quarter sessions against these convic- tions, if before one justice only, or if the sum adjudged to be paid exceeds 51., or, in the case of the second offence, if the imprisonment adjudged exceeds one month, (see post, sect. 110;) or either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. Suspected 35. If the whole or any part of any tree, sapling, possession of or shrub, or any underwood, or any part of any live not satisfac- or dead fence, or any post, pale, [wire], rail, stile, counting or gate, or any part thereof, being of the value of [one] shilling at the least, shall be found in the Larceny, etc. 49 possession of any person, or on the premises of any person, with his knowledge, and such person, being taken or summoned before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, he shall on conviction by the justice forfeit and pay, over and above the value of the article or articles so found, any sum not exceeding two pounds. Framed on the 7 & 8 Geo. 4, c. 29, s. 41. This and the Irish Act, 14 & 15 Vict. c. 92, s. 4, are assimilated. An appeal to the quarter sessions lies against the convic- tion, if before one justice only, or either party may appeal to one of the superior courts, if dissatisfied with the determi- nation of the justice as being erroneous in point of law.- 20 & 21 Vict. c. 43. 36. Whosoever shall steal, or shall destroy or stealing, &c. damage with intent to steal, any plant, root, fruit, vegetable 01 or vegetable production growing in any garden, f,l a garden, orchard, [pleasure ground,] nursery ground, hot- jfoieraMm- house, greenhouse, or conservatory, shall, on con- "]p[f ^° f "j viction thereof before a justice of the peace, at the first offence; discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money not exceeding twenty pounds as to the justice shall seem meet ; and whosoever, having second been convicted of any such offence [either against felony.' this or any former act of parliament], shall after- wards commit any of the offences in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner (a) as in the case of simple larceny. (a) See ante, s. 4. D 50 24 & 25 Vict. Cap. 96. This section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 42. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal to the quarter sessions lies against the summary conviction, if before one justice only, or if the sum adjudged to be paid exceeds 51., or if the imprisonment exceeds one month, (see post, sect. 110); or either party may appeal to one of the superior courts, if dissatisfied with the determina- tion of the justice, as being erroneous in point of law: 20 & 21 Vict. c. 43. The second offence is triable at quarter sessions, and it seems the Juvenile Offenders Acts, 10 & 11 Vict. c. 82, and 13 & 14 Vict. c. 37, and also the Summary Jurisdiction Act, 18 & 19 Vict. c. 126, apply to this offence. Stealing, &c. vegetable productions not growing in gardens, &c. Second offence. 37. Whosoever shall steal, or shall destroy or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not beiug a garden, orchard, [pleasure ground,] or nursery ground, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of cor- rection, there to be imprisoned only, or to be im- prisoned and kept to hard labour, for any term not exceeding one month, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury clone, such sum of money not exceeding twenty shillings as to the justice shall seem meet, and in default of pay- ment thereof, together with the costs (if ordered), shall be committed as aforesaid for any term not exceeding one month, unless payment be sooner made ; and whosoever, having been convicted of any such offence [either against this or any former act of parliament], shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of cor- Lakcent, etc. 51 rection, there to be kept to hard labour, for such term not exceeding six months as the convicting justice shall think fit. This section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 43. This and the Irish Act, 14 & 15 Vict. c. 92, s. 5, are assimilated. An appeal lies to the quarter sessions, if the conviction be before one justice only, or if (in the case of a second offence) the imprisonment exceeds one month (see post, sect. 110); or either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice as being erroneous in point of law : 20 & 21 Vict. c. 43. As to larceny from mines : 38. Whosoever shall steal, or sever with intent Ore of metal, , , „ coal, Sec. to steal, the ore of any metal, or any lapis calami- naris, manganese or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal, from any mine, bed, or vein thereof respectively, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. With the exception of the punishment this section follows nearly verbatim the 7 & 8 Geo. 4, c. 29, s. 37, and the Irish Act 9 Geo. 4, c. 55, s. 30. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 39. Whosoever, being employed in or about any Miners re- mine, shall take, remove, or conceal any ore of any ^ffit metal, or any lapis caiaminaris, manganese, mun- todefiaud - dick, or other mineral found or being in such mine, with intent to defraud any proprietor of or any adventurer in such mine, or any workman or miner employed therein, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be imprisoned for any term d2 24 & 25 Vict. Cap. 96. not exceeding two years, with or without hard labour, aud with or without solitary confinement. This provision is taken from the Stannaries Act, 2 & 3 Vict. c. 58, s. 10, and that section is repealed and made gene- ral. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. Robbery or stealing from the person. As to larceny from the person, and other like offences : 40. Whosoever shall rob any person, or shall steal any [chattel, money, or valuable security («)], from the person of another, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) " Property," 7 Will. 4 & 1 Vict. c. 87, s. 5. See " valu- able security" defined, ante, sect. 1. Framed on the repealed statute 7 Will. 4 & 1 Vict. c. 87, s. 5. Robbery is the forcible taking of property from the person of another. As to what is a sufficient severance of the property, see R. v. Simjison, Dears. C. C. 621 ; S. C, 24 L. J. (N. S) M. C. 7. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. on trial for 41. If upon the trial of any person upon any jurvmay indictment for robbery it shall appear to tbe jury assault with" "poii the evidence that the defendant did not com- mtent to rob. m j^ ^ e crime of robbery, but that he did commit an assault with intent to rob, the defendant shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is guilty of an assault Larceny, etc. S3 with intent to rob ; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob ; and no person so tried as is herein lastly mentioned shall be liable to be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried. This section is identical with the 14 & 15 Vict. c. 100, s. 11, (repealed.) As to the offence of simply assaulting with intent to rob, see sect. 42, infra, but if two or more are jointly indicted for a robbery under sect. 43, or one alone, being armed with an offensive weapon, and he or they are convicted under sect. 41 of the assault with intent to rob, then they are liable to the heavier punishment provided by sect. 43 for such assaults. (See Reg. v. Mitchell, 2 Den. C. C. 468, 21 L. J. (N. S.) M. C. 135.) 42. Whosoever shall assault any person with in- Assault with J l intent to rob. tent to rob shall be guilty of felony, and being convicted thereof shall (save and except in the cases where a greater punishment is provided by this act) be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement. With the exception of the punishment this section follows verbatim the 7 Will. 4 & 1 Vict. c. 87, s. 6. As to attempts to commit crimes, and the general power to convict of attempts, see the note to sect. 57, post. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 43. Whosoever shall, being armed with any Robbery or ° J assault by a offensive weapon or instrument, rob, or assault person ... , t armed, or by Willi intent to rob, any person, or shall, together two or more, . . r i n i or robbery with one or more [other J person or persons, rob, and wound- or assault with intent to rob, any person, or shall g * 54 24 & 25 Yict. Cap. 96. Letter, de- manding money, &c. with me- rob any person, and at the time of or immediately before or immediately after such robbery shall [wound], beat, strike, or use any other personal violence to any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for life, or for any term not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement. Although this section follows closely the 7 Will. 4 & 1 Vict. c. 87, s. 3, it makes an important alteration in the state of the law with reference to robbery with violence. By the now repealed statute 7 Will. 4 & 1 Vict. c. 87, s. 2, to rob any person, and at the time of, or immediately before, or imme- diately after such robbery, to stab, cut or wound such person, was a capital felony as distinguished from the offences com- prised in sect. 3 and repealed in the above section, and which were punishable with transportation for life. Now, however, the word " wound " has been introduced into the new section, and no other equivalent introduced for sect. 2 of the repealed act. Robbery with wounding is therefore no longer a capital offence. As to imprisonment and solitary confinement, see post, ss. 118, 119. These offences are not triable at quarter sessions. 44. Whosoever shall send, deliver, [or utter, or directly or indirectly cause to be received («), know- ing the contents thereof,] any letter or writing demanding of any person with menaces, and with- out any reasonable or probable cause, any [pro- perty (6)], chattel, money, valuable security, [or other valuable thing (6)], shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for life or for any term not less than three (a) See Reg. v. Grimwade, 1 Den. C. C. 30. (b) These words occur in the now repealed statute 10 & 11 Vict. c. 66 (extending the law respecting threatening letters and accusing parties with a view to extort money). See the words "property" and "valuable security" denned, ante, sect. 1. Larceny, etc. 55 years,— or to be imprisoned for any terra not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 7 & 8 Geo. 4, c. 29, s. 8, the language of which ran thus : " If any person shall knowingly send, or de- liver, any letter or writing demanding of any person, with menaces and without any reasonable or probable cause, any chattel, money, or valuable security," &c. See the correspond- ing Irish statute, 9 Geo. 4, c. 55, s. 8. For what is a letter within this section, see Reg. v. Smith, 1 Den. C. C. 510 ; S. C, 19 L. J. (N. S.) M. C. 80. As to imprisonment, solitary confinement and whipping, see post, ss. 118, 119. This offence is not triable at quarter sessions. 45. Whosoever shall with menaces or by force Demanding * money, &c. demand any property, chattel, money, valuable se- with me- curity, [or other valuable thing («),] of any person, force/with with intent to steal the same, shall be guilty of ste ai. felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) See note (a) ante, p. 54. Framed on the 7 Will. 4 & 1 Vict. c. 87, ss. 7, 12. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 46. Whosoever shall send, deliver, or utter, [or Letter threatening directly or indirectly cause to be received, knowing to accuse of , . n -i i , • • crime, with the contents thereof,] any letter or writing, accus- intent to ex- ing or threatening to accuse any other person (rt) of any crime punishable by law with death, or [penal servitude for not less than seven years], or (a) " If any person shall knowingly send, or deliver, or utter to any other person, any letter or writing, accusing or threatening to accuse either the person to whom such letter or writing shall be sent or delivered, or any other person, of any crime," &c. (10 & 11 Vict. c. 66, s. 1.) tort. 24 & 25 Yict. Cap. 96. Accusing or threatening to accuse, with intent to extort. of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime as hereinafter defined, with a view or intent in any of such cases to extort or gain by means of such letter or writing any pro- perty, chattel, money, valuable security (b), or other valuable thing, from any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping (c) ; and the abominable crime of buggery, commited either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or en- deavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infa- mous crime within the meaning of this act. (b) See the definitions of " property" and " valuable secu- rity," ante, sect. 1. (c) As to imprisonment, solitary confinement and whipping, see post, ss. 118, 119. Framed on the 7 & 8 Geo. 4, c. 29, s. 8, and the Irish Act, 9 Geo. 4, c. 55, s. 8, and the 10 & 11 Vict. c. 66, s. 1. The definition of " infamous crime," follows verbatim the lan- guage of the 7 & 8 Geo. 4, c. 29, s. 9, and of the Irish Act, 9 Geo. 4, c. 55, s. 9. This offence is not triable at quarter sessions. 47. Whosoever shall accuse or threaten to accuse, either the person to whom such accusation or threat shall be made, or any other person, of any of the infamous or other crimes lastly hereinbefore men- tioned, with the view or intent in any of the cases Larceny, etc. 57 last aforesaid, to extort or gain from such person so accused or threatened to be accused, or from any- other person, any property, chattel, money, valua- ble security, or other valuable thing, shall be guilty of felony, and being convicted thereof shall be lia- ble, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard la- bour, and, if a male under the age of sixteen years, with or without whipping. Framed on the 10 & 11 Vict. c. 66, s. 2, in which the pre- vious analogous provisions of the 7 & 8 Geo. 4, c. 29, part of sect. 8, and the 7 Will. 4 & 1 Vict. c. 87, s. 4, were merged. See also the Irish Act, 9 Geo. 4, c. 55, s. 8. As to whipping see post, s. 119. The power to give solitary confinement as a part of the sentence is (probably inadver- tently) omitted. This offence is not triable at quarter sessions. 48. TWhosoever, with intent to defraud or injure inducing a L " person by any other person, shall, by any unlawful violence violence or to or restraint of, or threat of violence to or execute deeds &c. restraint of, the person of another, or by ac- with intent , . /.to defraud. cusing or threatening to accuse any person ot any treason, felony, or infamous crime as hereinbefore defined, compel or induce any person to execute, make, accept, indorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or copartnership, or the seal of any body corporate, company, or society, upon or to any paper or parchment, in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be d 5 24 & 25 Yict. Cap. 96. It shall be immaterial from whom the menaces proceed. Breaking and entering a church or chapel and committing any felony. Burglary by breaking out. imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.] This provision is new. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is not triable at quarter sessions. 49. [It shall be immaterial whether the menaces or threats hereinbefore mentioned be of violence, injury, or accusation, to be caused or made by the offender or by any other person.] This provision is also new. As to sacrilege, burglary, and housebreaking : 50. Whosoever shall break and enter any church, chapel, [meeting house, or other place of divine worship,] and commit [any felony therein], or be- ing in any church, chapel, [meeting house, or other place of divine worship,] shall commit [any felony] therein and break out of the same, shall be guilty of felony, and being convicted thereof shall be lia- ble, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard la- bour, and with or without solitary confinement. Framed on the 7 & 8 Geo. 4, c. 29, s. 10 (and the corre- sponding section of the Irish Act, 9 Geo. 4, c. 55, s. 10), which enacted " That if any person shall break and enter any church or chapel, and steal therein any chattel, or, having stolen any chattel in any church or chapel, shall break out of the same, every such offender, being convicted thereof, shall suffer death as a felon." It will be seen that the new provi- sion has a more extended operation both as regards the place and the crime. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is not triable at quarter sessions. 51. Whosoever shall enter the dwelling-house (a) of another with intent to commit [any] felony [there- («) As to what constitutes part of a dwelling-house, see sect. 53. Larceny, etc. 59 in], or being in such dwelling-house shall commit any felony [therein], and shall in either case break out of the said dwelling-house in the night (a), shall be deemed guilty of burglary. (a) Between 9 p.m. and 6 a.m. See ante, sect. 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 11, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 11. To constitute bur- glary at common law, there must be a breaking into the house. See the note to the next section. 52. Whosoever shall be convicted of the crime Burglary. of burglary, shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. The punishment for burglary remains the same as hereto- fore, but a question of some practical importance arises on this part of the act. The common law offence of burglary, viz., the breaking and entering a dwelling-house in the night- time with intent to commit a felony, is not dealt with except for the purpose of stating the punishment, so that apparently all the ingredients of the offence remain untouched, and be- fore the statute 7 Will. 4 & 1 Vict.c. 86, nice questions arose as to whether the offence was committed in the night-time, for if it were clone after dawn or in the twilight when there was light enough to "see a man's face," the crime did not amount to burglary. The 7 Will. 4 & 1 Vict. c. 86, s. 4, enacted " That so far as the same is essential to the crime of bur- glary, the night shall be considered and is hereby declared to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day." This statute is now repealed, (see ante, p. 16, ) and the only substitution for this provision is contained in the interpretation clause of the present act, that "for the purposes of this act, the night shall be deemed to com- mence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day." The word " night," however, is not to be found in the act in reference to the common law offence of burglary, but only in connection with the statutable offence of breaking out of the house. It is therefore open to con- tention that the old law, as to what constitutes night, obtains in reference to the offence of breaking into a house. Perhaps the objection may be met by expanding the word " bur- 60 24 & 25 Vict. Cap. 96. glary " to its legal definition of " breaking into a house by night," and so reading the section as including the word " night." As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is not triable at quarter sessions. SJwithta 1 " 53. No building, although within the same eur- shaii b r e ilage tilage with any dwelling-house, and occupied there- deemed pan w - lt h shall be deemed to be part of such dwelling- of the dwell- ' r ° ing-house. house for any (a) of the purposes of this act, unless there shall be a communication between such build- ing and dwelling-house, either immediate, or by means of a covered and inclosed passage leading from the one to the other. (a) The words ["for the purpose of burglary or"] which are to be found inserted at this place in the corresponding section of the 7 & 8 Geo. 4, c. 29, s. 13, seem to have been omitted here somewhat unadvisedly ; the omission may give rise to a similar question to that discussed in the note to sect. 52; for as " dwelling-house" is not mentioned in connection with the common law offence of burglary, it may be in- tended that this section does not apply to that offence. Framed on the 7 & 8 Geo. 4, c. 29, s. 13, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 13. Entering a 54. I Whosoever shall enter any dwelling-house (b) dwelling- L . J • n ■> house in the in the night (c), with intent to commit any felony intent to therein, shall be guilty of felony, and being con- fekmy! * " y victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement.] (6) See sect. 53. (c) Between 9 p.m. and 6 a.m. ; see ante, s. 1. This provision is new, but the offence would in almost every case be indictable and punishable as a misdemeanor at com- mon law, that is to say, as an attempt to commit a felony. See the note to sect. 57. Larceny, etc. 61 As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 55. Whosoever shall break and enter any build- Breaking ing, and [commit any felony therein,] such building building being within the curtilage of a dwelling-house, and curtilage occupied therewith, but not being part thereof, ac- p\ r t C Ythe cording to the provision hereinbefore mentioned, [or ^useand being in any such building shall commit any felony ^"^lony 5 therein, and break out of the same,] shall be guilty of felony, and being convicted thereof shall be lia- ble, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 & 8 Geo. 4, c. 29, s. 14, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 14. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 56. Whosoever shall break and enter any dwell- Breaking into any ing-house (a), [school-house], shop, warehouse, or house, shop, , n . J n , ,i . r warehouse, counting-house, and commit any ielony therein, [or & c ., and being in any dwelling-house, school-house, shop, any felony, warehouse, or counting-house (b), shall commit any felony therein, and break out of the same], shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) See sect. 53. (b) As to what is a counting-house, see Reg. v. Potter, 2 Den. C. C. 235 ; 20 Law J. (N. S.) M. C. 170. 24 & 25 Vict. Cap. 96. Framed on the 7 & 8 Geo. 4, c. 29, ss. 12, 1.5, and the cor- responding Irish Act, 9 Geo. 4, c. 55, ss. 12, 15. The punish- ment being now the same, sect. 55 might have been amalga- mated with this section. The distinction tends to confuse. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 57. [Whosoever shall break and enter any dwell- ing-house, church, chapel, meeting-house, or other place of divine worship, or any building within the curtilage, school-house, shop, warehouse, or count- ing-house, with intent to commit any felony therein, shall be guilty of felony, and being convicted there- of shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceed- ing seven years, and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and Avith or without solitary confinement.] This provision is new. The attempt, however, to commit a felony is itself at common law an indictable misdemeanor, and therefore punishable by imprisonment, which (by the 3 Geo. 4, c. 114) may be with hard labour, and although the accused could not at common law be convicted of the attempt on an indictment charging him with the felony, yet under the statute 14 & 15 Vict. c. 100, s. 9, (unrepealed.) upon an indictment for the actual commission of the offence, the ac- cused may be convicted of the attempt. That section, after reciting that " Whereas offenders often escape conviction by reason that such persons ought to have been charged with attempting to commit offences, and not with the actual com- mission thereof," enacts " That if, on the trial of any person charged with any felony or misdemeanor, it shall appear to the jury upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to commit the same, such person shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or misdemeanor charged, but is guilty of an attempt to commit the same, and thereupon such person shall be liable to be punished in the same manner as if he had been con- victed upon an indictment for attempting to commit the par- ticular felony or misdemeanor charged in the said indictment ; and no person so tried as herein lastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was so tried." Larceny, etc. 63 It is scarcely necessary to observe that the power thus given to convict of an attempt, is not confined to those cases where the attempt is specially provided lor, but extends to all cases where the attempt is only punishable by the common law. The principal effect, therefore, of the section now intro- duced into the new act is to make that a felony which would be otherwise a misdemeanor, and to regulate the punishment for it. Nevertheless, that is not its entire scope, for there are some cases in which the accused may be convicted under the new provision when he might otherwise escape, for the offence of attempting to commit a felony consists in doing that which would result, if the offender were not prevented, in the actual commission of the offence; and, on the other hand, there may be an intention to do a thing which, apart from any inter- ference, could never result in the actual completion of the offence. This distinction arose in the case of The Queen v. M l Pherson,2Q L. J. (N. S.) M. C. 134,5. C. 1 Dears. & B. 197, where the defendant was indicted for breaking into a house and stealing certain specific things. It turned out that al- though the prisoner did break into the house with the inten- tion to steal, yet that he did not take anything, for the house having been left for some days without any one in it, some other thieves had broken in previously and stolen the articles in question. It was held that the prisoner could not be con- victed under sect. 9 of the 14 & 15 Vict. c. 100, of attempting to steal the articles mentioned in the indictment, for the arti- cles were not there to be stolen, although, it seems, he might have been convicted on an indictment for the common law misdemeanor of attempting to commit a felony. Under the above circumstances, the prisoner might now be convicted of the statutable felony under sect. 57, provided the indict- ment contained a count framed under it. As to imprisonment and solitary confinement, see post, ss. 118,119. This offence is triable at quarter sessions. 58. Whosoever shall be found by night (a) armed Being armed . ,, , ™ . with intent with any dangerous or offensive weapon, or instru- to break and ment whatsoever, with intent to break or enter into i 10 use in the any dwelling-house or other building whatsoever, msht " and to commit any felony therein, or shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key (b), crow, jack, bit, or other (a) Between 9 p.m. and 6 a.m., see ante, s. 1. (fc) "Picklock" and "key," are to be read as distinct words. Reg. v. Oldham, 2 Den. C. C. 472 ; 21 L. J. (N. S.) M. C. 134. 24 & 25 Vict. Cap. 96. implement of housebreaking (a), or shall be found by night having his face blackened or otherwise disguised with intent to commit any felony, or shall be found by night in any dwelling-house or other building whatsoever, with intent to commit any felony therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude'for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. (a) The intent to commit a felony does not constitute any part of this particular offence, and therefore need not be al- leged. Reg. v. Bailey, Dears. C. C. 224 ; 23 L. J., M. C. 13. This section follows nearly verbatim the 14 & 15 Vict. c. 19, s. 1. As to attempts to commit offences, see the note to s. 57, ante, p. 6'2. This offence is triable at quarter sessions. 59. Whosoever shall be convicted of any such misdemeanor, as in the last preceding section men- tioned, committed after a previous conviction, either for felony or*such misdemeanor, shall on such subsequent conviction be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years, and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 14 & 15 Vict. c. 19, s. 2. This offence is triable at quarter sessions. cedure on the trial, see post, s. 116. As to the pro- As to larceny in the house : 60. Whosoever shall steal in any dwelling-house (b) any chattel, money, or valuable security (c), to the value in the whole of five pounds or more, shall be guilty of felony, and being convicted thereof shall (6) See sect. 53. (c) See sect. 1. Larceny, etc. g ^ be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding four- teen years, and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 & 8 Geo. 4, c. 29, s. 12, and the corre- sponding Irish Act, 9 Geo. 4,c. 55, s. 12. As to imprisonment and solitary comfinement, see post, ss. 118, 119. This offence is triable at quarter sessions. 61. Whosoever shall steal any chattel, money, or stealing in a • i .., , dwelling- Valuable security (a) in any dwelling-house (o), and house with . . menaces. shall by any menace or threat, put any one being therein in bodily fear, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) See sect. 1. (b) See sect. 53. Framed on the 7 Will. 4 & 1 Vict. c. 86, s. 5. See as to imprisonment and solitary confinement, post, ss. 118, 119. This offence is triable at quarter sessions. As to larceny in manufactories : 62. Whosoever shall steal, to the value of ten stealing shillings, any [woollen, linen, hempen, or cotton process of yarn], or any goods or article of silk, woollen, linen, ture. cotton, [alpaca, or mohair,] or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or ex- posed, during any stage, process, or progress of manufacture, in any building, field, or other place, shall be guilty of felony, and being convicted there- of shall be liable, at the discretion of the court, to 66 24 & 25 Vict. Cap. 96. Stealing from ships, docks, wharfs, &c. Stealing from ship in distress or wrecked. be kept in penal servitude for any term not ex- ceeding fourteen years, and not less than three years, — or to he imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 & 8 Geo. 4, c. 29, s. 16, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 16. See as to imprison- ment and solitary confinement, post, ss. 118, 119. This offence is triable at quarter sessions. As to larceny in ships, wharfs, &c. : 63. Whosoever shall steal any goods or mer- chandise in any vessel, barge or boat of any de- scription whatsoever [in any haven or] in any port of entry or discharge, or upon any navigable river or canal, or in any creek or basin belonging to or communicating with any such [haven], port, river or canal, or shall steal any goods or merchandise from any dock, wharf or quay adjacent to any such [haven], port, river, canal, creek or basin, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 & 8 Geo. 4, c. 29, s. 17, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 17. See as to imprison- ment ami solitary confinement, post, ss. 118, 119. This offence is triable at quarter sessions. 64. Whosoever shall plunder or steal any part of any ship or vessel which shall be in distress, or wrecked, stranded or cast on shore, or any goods, merchandise or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- Larceny, etc. ^7 cretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment (a) ; [and the offender may be indicted and tried either in the county or place in Avhich the offence shall have been committed, or in any county or place next adjoining], (a) See post, ss. 118, 119. Framed on the 7 Will. 4 & 1 Vict. c. 87, s. 8. This offence is triable at quarter sessions. 65. If any goods, merchandise or articles of any persons in kind, belonging to any ship or vessel in distress, shipwrecked or wrecked, stranded or cast on shore, shall be f^ing™' found in the possession of any person, or on the account premises of any person with his knowledge, and such person, being taken or summoned before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner there- of; and the offender shall, on conviction of such offence before the justice, [at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall] for- feit and pay, over and above the value of the goods, merchandise or articles, such sum of money not exceeding twenty pounds, as to the justice shall seem meet. Framed on the 7 & 8 Geo. 4, c. 29, s. 19. This provision and the Irish Act, 14 & 15 Vict. c. 92, s. 4, are assimilated. An appeal lies to the quarter sessions if the conviction be before one justice only, or if the sum adjudged to be paid ex- ceeds 51., or if the imprisonment exceetls cue month, (see 68 24 & 25 Vict. Cai\ 96. post, s. 110); or either party may appeal to one of the superior courts, if dissatisfied with the determination of the justice, as being erroneous in point of law : 20 & 21 Vict. c. 43. if any person qq jf anv person shall offer or expose for sale oners ship- » x wrecked any goods, merchandise or articles whatsoever, goods for J to ' sale, the which shall have been unlawfully taken, or shall goods may , , . be seized, &c. be reasonably suspected so to have been taken, from any ship or vessel in distress, or wrecked, stranded or cast on shore, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give no- tice of such seizure, to some justice of the peace ; and if the person who shall have offered or ex- posed the same for sale, being summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandise or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reason- able reward (to be ascertained by the justice) to the person who seized the same ; and the offender shall, on conviction of such offence by the justice, [at the discretion of the justice, either be com- mitted to the common gaol or the house of cor- rection, there to be imprisoned only, or to be im- prisoned and kept to hard labour, for any term not exceeding six months, or else shall] forfeit and pay, over and above the value of the goods, merchan- dise or articles, such sum of money not exceeding twenty pounds as to the justice shall seem meet. Framed on the 7 & 8 Geo. 4, c. 29, s. 20, and the Irish Act, 14 & 15 Vict. c. 92, s. 4. An appeal lies if the conviction be before one justice only, or if the sum adjudged to be paid exceeds 51., or if the imprisonment exceeds one month ; or either party may appeal to one of the superior courts, if dis- Larceny, etc. 69 satisfied with the determination of the justice, as being erro- neous in point of law: 20 & 21 Vict. c. 43. As to larceny or embezzlement by clerks, ser- vants, or persons in the public service : 67. Whosoever, being a clerk or servant, for Larceny by clerks or being employed for the purpose or in the capacity servants. of a clerk or servant,] shall steal any chattel, money or valuable security (a) belonging to or in the possession or power of his master [or employer], shall be guilty of felony, and being convicted there- of shall be liable, at the discretion of the court, to be kept in penal servitude for any term not ex- ceeding fourteen years and not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. (a) See ante, sect. 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 46, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 39. See the note to the next section. Under this section the property or money must have been in the master's possession, see Reg. v. Wright, 27 L. J., M. C. 65. This provision does not create any new offence, but only increases the punishment. See the note to the next section. As to imprisonment, solitary confinement and whipping, see post, ss. 118, 119. This offence is triable at quarter sessions. 68. Whosoever, being a clerk or servant, or be- Embezzie- ing employed for the purpose or in the capacity of a cieTks y r clerk or servant (6), shall fraudulently embezzle any servants. {b) For the last of the numerous cases on the question of what persons do or do not fall within this definition, see Reg. v. Walker, 27 L. J. (N. S.) M. C. 207 ; Reg. v. May, 30 L. J. (N. S.) M. C. 81, (commission agents) ; Reg. v. Tongue, 30 L. J. (N. S.) M. C. 49, (secretary to a money club) ; Reg. v. Tite, Id. 142, (traveller for orders); Reg. v. Bay ley, 26 L. J. (N. S.) M. C. 4, (clerk to several railway companies). 70 24 & 25 Vict. Cap. 96. chattel, money or valuable security (or), which shall (b) be [delivered to or] received or taken into posses- sion by him for or in the name or on the account (c) of his master [or employer], or any part thereof, shall be deemed to have feloniously stolen the same from his master [or employer], although such chattel, money or security was not received into the pos- session of such master [or employer] otherwise than by the actual possession of his clerk, servant, or other person so employed, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years,— or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. (a) See sect. 1. (b) The words "by virtue of such employment" occurred in the repealed statute 7 & 8 Geo. 4, c. 29, s. 47, and the embezzlement of money by a servant not authorized to receive the money was not within the statute ; see the cases on this point collected, Archbold's Pleading and Evidence in Crimi- nal Cases, 14th ed. pp. 3S2, 383. The omission avoids this technical distinction ; still it must be the master's money which is received by the servant, and not money wrongfully received by the servant by means of false pretences or other- wise. (c) The receipt must be for or in the name or on account of the master, Reg. v. Beaumont, 23 L. J., M. C. 54; Reg. v. Harris, Id. 110; but the receipt may be in the name of one person, and yet on account of another, who is the master ; see Reg. v. Thorpe, 1 Dears. & B. 562 ; 27 L. J. (N. S.) M. C. 264. Framed on the 7 & 8 Geo. 4, c. 29, s. 47, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 40. Although a servant, who entrusted by his master with goods fraudulently appro- priates them to his own use, is guilty of larceny, for the possession of the servant is in law the possession of the master, yet where goods or money qf which the master has never had the possession are delivered by a third person to the servant lor the master's use, this, by a refined distinction, is not lar- ceny, and therefore required a special enactment ; recent cases illustrate the distinction. A foreman employed to sell goods Larceny, etc. 71 for his master sold some and received the price, and con- cealed the transaction, and made use of the money. He could not be convicted of stealing the goods, for the sale was a good sale as between the master and customer, and he could not be convicted of stealing the money, for the master never had the possession. His real offence was embezzling the money. Reg. v. Belts, 28 L. J. (N. S.) M. C. 69. On the other hand, where goods duly purchased by a servant for his master were placed in the master's care, and the servant took them, it was held that the master's possession had commenced, and therefore the offence w r as stealing; Reg. v. Reed, 23 L. J., M. C. 25 ; and see Reg. v. Watts, 19 L. J., M. C. 193. Although the evidence of embezzlement frequently consists, in part, of proof that the accused has omitted to debit himself with the money received, yet even if a clerk has charged him- self in his books with the receipt of the money, the fraudu- lent appropriation of such money is embezzlement; Reg. v. Guelder, 30 L. J. (N. S.) M. C. 34 ; R. v. Lister, 26 Id. 26. As to where (?'. e. the county) the offence of embezzling can be said to have been committed, see Reg. v. Murdoch, 2 Den. C. C. 298 ; 21 L. J. (N. S.) M. C. 22, and cases there cited. As to imprisonment, solitary confinement and whipping, see post, ss. 118, 119. This offence is triable at quarter sessions. 69. [Whosoever, being employed in the public Larceny by r, i . . persons in service of her majesty, or being a constable or the queen's other person employed in the police of any county, th™police. y city, borough, district or place whatsoever, shall steal any chattel, money or valuable security (a) belonging to or in the possession or power of her majesty, or intrusted to or received or taken into possession by him by virtue of his employment, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.] (a) See sect. 1. This is a new provision, framed probably in reference to the case of Reg. v. Moah, Dears. C. C. 626 \ 25 L. J., xM. C. 66. As to imprisonment and solitary confinement, see post, ss. 118, 119. 72 24 & 25 Yict. Cap. 96. Embezzle- ment by per- sons in the queen's ser- vice, or by the police. Venue. 70. Whosoever, being employed in the public service of her majesty, or being a constable or other person employed in the police of any county, city, borough, district or place whatsoever, and intrusted by virtue of such employment frith the receipt, custody, management or control of any chattel, money or valuable security (a), shall em- bezzle [any chattel, money or valuable security which shall be intrusted to or received or taken into possession by him by virtue of his employ- ment], or any part thereof, or in any manner frau- dulently apply or dispose of the same or any part thereof to his own use or benefit, or for any pur- pose whatsoever except for the public service, shall be deemed to have feloniously stolen the same from her majesty, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding four- teen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour (b) ; and every of- fender against this [or the last preceding] section may be dealt with, indicted, tried and punished either in the county or place in which he shall be apprehended or be in custody, or in which he shall have committed the offence ; and in every case of larceny, embezzlement or fraudulent application or disposition of any chattel, money or valuable secu- rity in this and the last preceding section men- tioned, it shall be lawful, in the warrant of com- mitment by the justice of the peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money or valuable security in her majesty. (a) See ante, sect 1. (6) See post, ss. 118, 119. Larceny, etc. 73 Framed on the 2 & 3 Will. 4, c. 4, ss. 1, 4, 5, (for prevent- ing embezzlements by persons employed in the public ser- vice,) and on the 22 & 23 Vict. c. 32, s. 25, (to amend the law concerning the police). This offence is triable at quarter sessions. 71. For preventing difficulties in the prosecution Distinct acts *■ of embezzle- of offenders in any case of embezzlement, fraudu- mem may be lent application or disposition hereinbefore men- thesame tioned, it shall be lawful to charge in the indict- ment and proceed against the offender for any num- ber of distinct acts of embezzlement or of fraudu- lent application or disposition not exceeding three, which may have been committed by him against her majesty, or against the same master or em- ployer, within the space of six months from the first to the last of such acts ; and in every such in- dictment [where the offence shall relate to any money or any valuable security (a)] it shall be suf- ficient to allege the embezzlement or fraudulent application or disposition to be of money, with- out specifying any particular coin or valuable se- curity; and such allegation, so far as regards the description of the property, shall be sustained if the offender shall be proved to have embezzled or fraudulently applied or disposed of any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved ; or if he shall be proved to have embezzled or fraudulently applied or disposed of any piece of coin or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been de- livered to him in order that some part of the value (a) See sect. 1. The repealed statute 7 & 8 Geo. 4, c. 29, s. 48, instead of the words bracketed, had " except where the offence shall relate to any chattel." 74 24 & 25 Vict. Cap. 96. thereof should be returned to the party delivering the same [or to some other person], and such part shall have been returned accordingly. Framed on the 7 & 8 Geo. 4, c. 29, s. 48, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 41, and also on the repealed statute 2 & 3 Will. 4, c. 4, s. 3, (for preventing em- bezzlement by persons in the public service). See the 14 & 15 Vict. c. 100, s. 18, post, note to s. 88, as to the description in indictments of coin and bank notes still in force. In embezzlement, as in other cases of stealing, only one act of embezzlement could be included in the same indictment ; and as the jury had only one instance of mis- appropriation before them, the accused often escaped, the jury imputing the solitary act to mistake or carelessness. Persons in- dicted for embezzle- ment as a clerk, &c. (a) to be acquitted if the offence turn out to be larceny ; and vice versa. 72. If upon the trial of any person indicted for embezzlement [or fraudulent application or dispo- sition as aforesaid], it shall be proved that he took the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of embezzlement [or frau- dulent application or disposition], but is guilty of simple larceny, or of larceny as a clerk, servant or person employed for the purpose or in the capacity of a clerk or servant, [or as a person employed in the public service, or in the police,] as the case may be ; and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such larceny ; and if upon the trial of any person indicted for larceny it shall be proved that he took the property in question in any such manner as to amount in law to embezzlement, [or fraudulent application or disposition as aforesaid,] he shall not by reason thereof be entitled to be acquitted, but the jury (a) The word "not" has been omitted here. Larceny, etc. 75 shall be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement, [or fraudulent application or dis- position, as the case may be,] and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an in- dictment for such embezzlement, [fraudulent appli- cation or disposition ;] and no person so tried for embezzlement, [fraudulent application or disposi- tion,] or larceny as aforesaid, shall be liable to be afterwards prosecuted for larceny, [fraudulent ap- plication or disposition,] or embezzlement, upon the same facts. Framed on the 14 & 15 Vict. c. 100, s. 13, and extended by the words in brackets to cases included in sect. 70. A pro- vision that a person guilty of embezzlement might he con- victed upon an indictment for larceny as a clerk or servant, would be more simple. It would be necessary to describe the offender as a clerk or servant, &c. (as under sect. 67), as a conviction for simple larceny would not warrant a sen- tence of fourteen years' penal servitude. In other respects the provision in case of fraudulent bailees (ante, sect. 3) might be advantageously extended to this case. As the law now stands, a person indicted for stealing, cannot, on evidence showing him guilty of embezzlement, be convicted of stealing, though he may, on such evidence on the same indictment, be convicted of embezzlement. See Reg. v. Gorbutt, 26 L. J. (N. S.) M. C. 47. 73. Whosoever, being an officer or servant of Embezzie- the governor and company of the bank of Eng- officers of land or of the bank of Ireland, and being intrusted England or with any bond, deed, note, bill, dividend warrant, re an ' or warrant for payment of any annuity or interest, or money, or with any security, money, or other effects of or belonging to the said governor and company, or having any bond, deed, note, bill, di- vidend warrant, or warrant for payment of any an- nuity or interest, or money, or any security, money, or other effects of any other person, body politic or e 2 24 & 25 Vict. Cap. 96. corporate, lodged or deposited with the said go- vernor and company, or with him as an officer or servant of the said governor and company, shall secrete, embezzle or run away with any such bond, deed, note, bill, dividend or other warrant, security, money, or other effects as aforesaid, or any part thereof, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the now repealed provisions of the 37 Geo. 3, c. 46, s. 6 ; 35 Geo. 3, c. 66, s. 6 ; 15 Geo. 2, c. 13, s. 12, and on the Irish Act, 21 & 22 Geo. 3, c. 16, s. 16. These pro- visions are now assimilated. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is not triable at quarter sessions. Tenant or lodger steal- ing chattel or fixture let to hire with house or lodgings. As to larceny by tenants or lodgers : 74. Whosoever shall steal any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract shall have been entered into by him or her or by her husband, or by any person on behalf of him or her or her hus- band, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping (a), and in case the value of such chattel or fixture shall exceed the sum of five pounds, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding Larceny, etc. 77 seven years and not less than three years, — or to- be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whip- ping (a) ; and in every case of stealing any chattel in this section mentioned, it shall be lawful to prefer an indictment in the common form as for larceny, and in every case of stealing any fixture in this section mentioned to prefer an indictment in the same form as if the offender were not a tenant or lodger (Z>), and in either case to lay the property in the owner or person letting to hire. (a) See post, ss. 118, 119. (b) That is to say, in the case of a fixture, the indictment may be in the same form as under sect. 31. This section is framed on the 7 & 8 Geo. 4, c. 29, s. 45, and on the corresponding Irish Act, 9 Geo. 4, c. 55, s. 38; and on the 12 & 13 Vict. c. 11, s. 2; but, nevertheless, it departs essentially from the principle of the law on this sub- ject as it heretofore stood. The 7 & 8 Geo. 4, c. 29, s. 45, " for the punishment of depredations committed by tenants and lodgers," made the stealing by them of any chattel or fixture a felony, punishable as in the case of simple larceny, which was at that time transportation for seven years, or imprisonment not exceeding two years. Then the 12 & 13 Vict. c. 11, s. l,took away the power of transportation for simple larceny, and for all offences made punishable like simple larceny ; but sect. 2 reserved the power of transportation in the case of tenants and lodgers stealing articles above the value of 5/. The pre- sent act, while it gives penal servitude for simple larceny (see ante, s. 4 and note), confines the punishment for larceny by lodgers under 5^., to imprisonment. It is the only felony, so far as regards stealing, not punishable with penal servitude. This is contrary to the general policy of the law, which has been to punish more severely those offences which, in addition to stealing, involve a breach of trust. This discrepancy, so far as regards the punishment of penal servitude for simple larceny, is attributable to the alteration made in sect. 4 at a later stage of the bill (see the note to that section, ante, p. 25). But there is a graver objection to sect. 74, viz., that it empowers a sentence of penal servitude for seven years upon an indictment which, in form, does not warrant that sentence. This is contrary not merely to the technical rules of criminal pleading, but to the due protection of the accused ; 24 & 25 Vict. Cap. 96. for a man may be sentenced to seven years' penal servitude, when the court has no power to award penal servitude at all, and yet the proceedings, on their face, will not show the error. Probably the best course to adopt will be to frame the in- dictment as if nothing was said in the section as to its form, and so avoid any difficulty in awarding the statutable punish- ment for each particular case. This offence is triable at quarter sessions. Agent, banker, &c. embezzling money or selling se- curities, &c. intrusted to him ; or goods, &c. intrusted to him for safe custody. As to frauds by agents, bankers or factors : 75. Whosoever, having been intrusted, [either solely or jointly with any other person,] as a banker, merchant, broker, attorney or other agent, with any money or security for the payment of money, with any direction in writing to apply, [pay or deliver] such money or security [or any part thereof respectively], or the proceeds or any part of the proceeds of such security, for any purpose [or to any person] specified in such direction, shall, in violation of good faith, and contrary to the [terms of such direction («),] in anywise convert to his own use or benefit, [or the use or benefit of any person other than the person by whom he shall have been so intrusted,] such money, security or proceeds, or any part thereof respectively ; and whosoever, having been intrusted, [either solely or jointly with any other person,] as a banker, mer- chant, broker, attorney or other agent, with any chattel or valuable security (6), or any power of attorney for the sale or transfer of any share or in- terest in any public stock or fund, whether of the united kingdom, [or any part thereof,] or of any foreign state, or in any [stock or] fund of anybody corporate, company or society, for safe custody or for any special purpose, without any authority to (a) " Purpose so specified," 7 & 8 Geo. 4, c. 29, s. 49. (b) See the definition of "valuable security," ante, sect. 1, Larceny, etc. 79 sell, negotiate, transfer or pledge, shall, in violation of good faith, and contrary to the ohject or pur- pose for which such chattel, security or power of attorney shall have been intrusted to him, sell, negotiate, transfer, pledge or in any manner con- vert to his own use or benefit [or the use or benefit of any person other than the person by whom he shall have been so intrusted,] such chattel or secu- rity, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, shall be guilty of a misdemeanor, Punishment. and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment (a) ; but nothing in this section contained Not to affect relating to agents shall affect any trustee in or mortgagees; under any instrument whatsoever, or any mort- gagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage ; nor shall restrain any nor bankers, . . nil i & c - receiving banker, merchant, broker, attorney or other agent money due A. . i-i lui i on securi- •om receiving any money which shall be or be- ties; came actually due and payable upon or by virtue of any valuable security (&), according to the tenor and effect thereof, in such manner as he might have done if this act had not been passed ; nor or disposing /. it p ., . ,. . /. of securities trom selling, transferring or otherwise disposing of on which any securities or effects in his possession upon lufn. (a) See post, ss. 118, 119. (6) See the definition of " valuable security," ante. s. 1. 80 24 & 25 Vict. Cap. 96. which he shall have any lien, claim or demand en- titling him by law so to do, unless such sale, trans- fer or other disposal shall extend to a greater num- ber or part of such securities or effects than shall be requisite for satisfying such lien, claim or de- mand. Framed on the 7 & 8 Geo. 4, c. 29, ss. 49, 50, and the cor- responding Irish Act, 9 Geo. 4, c. 55, s. 42, see ss. 85, 86, post. The offence in this section cannot he tried at quarter ses- sions. See sect. 87, post. Bankers, &c. fraudulently selling, &c. property in- trusted to their care. 76. Whosoever, being a banker, merchant, broker, attorney or agent, and being intrusted, [either solely or jointly with any other person,] with the pro- perty (a) of any other person for safe custody, shall, with intent to defraud, sell, negotiate, trans- fer, pledge or in any manner convert or appropriate the same or any part thereof to or for his own use [or benefit, or the use or benefit of any person other than the person by whom he was so intrusted,] shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last mentioned. (a) See the definition of " property," ante, sect. 1. Framed on the recent, but now repealed, FraudulentTrustee Act, 20 & 21 Vict. c. 54, s. 2. See ss. 85, 86, post. This misdemeanor cannot be tried at quarter sessions. See sect. 87, post. Persons 77. Whosoever, being intrusted, [either solely or under powers ..,.,, ., n •.■, r> of attorney jointly with any other person,] with any power of semngpr^-^ attorney for the sale or transfer of any property (b), perty ' shall fraudulently sell or transfer or otherwise con- (b) See ante, sect. 1. Larceny, etc. 81 vert the same or any part thereof to his own use or benefit, [or the use or benefit of any person other than the person by whom he was so intrusted,] shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to any of the punishments (a) which the court may award as hereinbefore last mentioned. (a) See sect. 75. Framed on the Fraudulent Trustee Act, 20 & 21 Vict.c. 54, s. 3. See ss. 85, 86, post. This misdemeanor cannot be tried at quarter sessions. See sect. 87, post. 78. Whosoever, being a factor or agent in- Factors ob- -i/7\r-i i • tainingad- trusted (b), [either solely or jointly with any other vances cm the person,] for the purpose of sale or otherwise, with their prin- the possession (b) of any goods, or of any docu- ment of title to goods (c), shall, contrary to or without the authority of his principal in that be- half, for his own [use or] benefit, [or the use or benefit of any person other than the person by whom he was so intrusted,] and in violation of good faith, make any consignment, deposit, trans- fer or delivery of any goods or document of title so intrusted to him as in this section before men- tioned, as and by way of a pledge (b), lien or secu- rity for any money or valuable security [borrowed or received by such factor or agent at or before the time of making such consignment, deposit, trans- fer or delivery, or intended to be thereafter bor- rowed or received,] or shall, contrary to or without such authority, for his own [use or] benefit, [or the use or benefit of any person other than the per- (b) See sect. 79, infra. (c) See the definition of the term " document of title to goods," ante, sect. 1. E 5 cipals. 82 24 8s 25 Vict. Cap. 96. son by whom lie was so intrusted,] and in violation of good faith, accept any advance (a) [of any money or valuable security (&)] on the faith of any contract or agreement (a) to consign, deposit, transfer or deliver [any] such goods or document of title, shall be guilty of a misdemeanor, and be- ing convicted thereof shall be liable, at the discre- tion of the court, to any of the punishments which the court may award as hereinbefore last men- cierks wii- tioned (c) ; and every clerk or other person who ing. y a shall knowingly and wilfully act and assist in mak- ing any such consignment, deposit, transfer or de- livery, or in accepting or procuring such advance as aforesaid, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the dis- cretion of the court, to any of the same punish- Casesex- ments : provided, that no such factor or agent the'pfedge 616 shall be liable to any prosecution for consigning, teed the eX " depositing, transferring or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the pay- ment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer or delivery was justly due [and] owing to such agent from his principal, together with the amount of any bill of exchange drawn by or on account of such principal, and accepted by such factor or agent. (a) See sect. 79, infra. (b) See the definition of " valuable security," ante, sect. 1. (c) See sect. 75. Framed on the Factors Act, 5 & 6 Vict. c. 39, s. G, which section is now repealed. See ss. 85, 8(i, post. These offences cannot be tried at quarter sessions. See s. 87, post. Definitions 79. Any factor or agent intrusted as aforesaid, amount of their lien. Larceny, etc. 83 'advance: and possessed of any such document of title, whe- tf teras^ _ 1her derived immediately from the owner of such goods or obtained by reason of such factor or agent having been intrusted with the possession of the goods, or of any other document of title thereto, shall be deemed to have been intrusted with the possession of the goods represented by such docu- ment of title; and every contract pledging or giv- "pledge:" ing a lien upon such document of title as aforesaid shall be deemed to be a pledge of and a lien upon the goods to which the same relates; and such "possessed:" factor or agent shall be deemed to be possessed of such goods or document, whether the same shall be in his actual custody, or shall be held by any other person subject to his control, or for him or on his behalf; and where any loan or advance shall be bona fide made to any factor or agent intrusted with and in possession of any such goods or docu- ment of title, on the faith of any contract or agree- ment in writing to consign, deposit, transfer or deliver such goods or documents of title, and such goods or document of title shall actually be re- ceived by the person making such loan or advance, without notice that such factor or agent was not authorized to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or docu- ment of title within the meaning of the last pre- ceding section, though such goods or document of title shall not actually be received by the person making such loan or advance till the period subse- quent thereto ; and any contract or agreement, whether made direct with such factor or agent, or with any clerk or other person on his behalf, shall be deemed a contract or agreement with such factor 1 contract or agree- ment :" ^4 24 & 25 Vict. Cap. 96. "advance:" or a g e nt; and any payment made, whether by money or bill of exchange or other negotiable secu- rity, shall be deemed to be an advance within the possession to meaning of the last preceding section ; and a factor be evidence _ x D of intrusting or agent in possession as aforesaid of such goods or document shall be taken, for the purposes of the last preceding section, to have been intrusted there- with by the owner thereof, unless the contrary be shown in evidence. See the 5 & 6 Vict. c. 39, s. 4. Trustees fraudulently disposing of property, guilty of a mis de- No prosecu- tion shall be commenced without the sanction of some judge or the attor- ney-general. 80. Whosoever, being a trustee (a) of any pro- perty (b) for the [use or] benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert or appropriate the same, or any part thereof to or for his own use (c), [or benefit, or the use or benefit of any person, other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid], or (d) otherwise dispose of or destroy such property or any part thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to any of the punishments which the court may award as hereinbefore last mentioned (e) : provided, that no proceeding or prosecution for any offence included in this section shall be com- menced without the sanction of her majesty's attor- ney-general, or, in case that office be vacant, of her (a) " On some express trust created by some deed, will or instrument in writing," see ante, sect. 1 ; where see also the definition of " trustee." (b) See the definition of" property," ante, sect. 1. (c) "Or purposes," 20 & 21 Vict. c. 54, s. 1. (d) " Shall with intent aforesaid," 20 & 21 Vict. c. 54, s. 1. (e) See sect. 75. Larceny, etc. 85 majesty's solicitor-general : provided also, that where any civil proceeding shall have been taken against any person to whom the provisions of this section may apply, no person who shall have taken such civil proceeding, shall commence any prose- cution under this section without the sanction of the court or judge before whom such civil pro- ceeding shall have been had or shall be pending. Framed on the 20 & 21 Vict. c. 54, ss. 1 & 13. See ss. 85, 86, post. This offence cannot be tried at quarter sessions. See s. 87, post. 81. Whosoever, being a director, member, or Directors, public officer, of any body corporate or public com- bodycorpo- pauy, shall fraudulently take or apply for his own [^'company use [or benefit, or for any use or purposes other £^0^"^ than the use or purposes of such body corporate or p™p ert y ; public company], any of the property (a) of such body corporate or public company, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to any of the punishments (b) which the court may award as hereinbefore last mentioned. (a) See ante, sect. 1. (b) See ante, sect. 75. Framed on the 20 & 21 Vict. c. 54, s. 5. See ss. 85, 86, post. This offence cannot be tried at quarter sessions. See sect. 87, post. 82. Whosoever, being a director, public officer, or keeping „ , , ... fraudulent or manager 01 any body corporate or public com- accounts ; pany, shall as such receive or possess himself of any of the property (c) of such body corporate or public company, otherwise than in payment of a (c) See ante, sect. 1. 86 24 & 25 Yict. Cap. 96. just debt or demand, and shall, with intent to de- fraud, omit to make, or to cause or direct to be made, a full and true entry thereof in the books and accounts of such body corporate or public com- pany, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to any of the punishments (a) which the court may award as hereinbefore last men- tioned. (a) See ante, sect. 75. This section follows the language of the 20 & 21 Vict. c. 54, s. 6. See ss. 85, 86, post. This offence cannot be tried at quarter sessions. See sect. 87, post. or wilfully 83. Whosoever, being a director, manager, public tooks, & J a disclosure proceeding in any court, or upon the hearing of any in an v com - matter in bankruptcy or insolvency ; and no person needing to be iiii i 4 ii i Jl3>Dl6 tO shall be liable to be convicted of any of the misde- prosecution. meanors in any of the said sections mentioned, by any evidence whatever in respect of any act done by him, if he shall at any time previously to his being charged with such offence have first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding which shall have been bonajide 88 24 & 25 Vict. Cap. 96. No remedy at law or in equity shall be affected. Convictions shall not be received in evidence in civil suits. instituted by any party aggrieved, or if he shall have first disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in bankruptcy or insol- vency. Framed on the 20 & 21 Vict. c. 54, s. 11, and the 7 & 8 Geo. 4, c. 29, s. 52 (and the corresponding Irish Act, 9 Geo. 4, c. 55, s. 45). As to what amounts to a disclosure within this provision, see Reg. v. Skeen, 28 L. J. (N. S.) M. C. 91. 86. Nothing in any of the last eleven preceding sections of this act contained, nor any proceeding, conviction, or judgment, to be had or taken thereon against any person under any of the said sections, shall prevent, lessen, or impeach any remedy at law or in equity which any party aggrieved by any offence against any of the said sections might have had if this act had not been passed ; but no con- viction of any such offender shall be received in evidence in any action at law or suit in equity against him ; and nothing in the said sections con- tained shall affect or prejudice any agreement en- tered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappropriated. This section follows the language of the 20 & 21 Vict. c. 54, s. 12. See also the 7 & 8 Geo. 4, c. 29, s. 52, and correspond- ing Irish Act, 9 Geo. 4, c. 55, s. 45. Certain mis- demeanors not sessions. 87. No misdemeanor against any of the last triable at twelve preceding sections of this act shall be pro- secuted or tried at any court of general or quarter sessions of the peace. The same provision was contained in the 20 & 21 Vict, c. 54, s. 16. Larceny, etc. 89 As to obtaining money, &c. by false pretences : 88. Whosoever shall by any false pretence (a) ob- False pre- tcnccs. (a) A false pretence under the statute is a false representa- tion of a definite fact, whether it be of the quantity or quality of goods sold, or of an authority to receive money. Thus a representation that a load of coal sold is of a given weight. (Reg. v. Sherwood, 1 Dears. & B. 251 ; 26 L.J. (N. S.) M. C. 81 ; Reg. v. Ragg, 29 L. J. (N. S.) M. C. 86), or that a sample of cheese formed part of a cheese offered for sale (Reg. v. Goss, 29 L. J. (N. S.)|M. C. 86), or that an article of base metal is silver, (Reg. v. Roebuck, 1 Dears. & B. 24 ; 25 L. J. (N. S.) M. C. 101), are within the statute; but mere ex- aggerated praise of an article, although with a fraudulent in- tention, is not within it, (Reg. v. Goss, 29 L. J. (N. S.) M. C, explaining Reg. v. Bryan, 26 L. J. (N. S.) M. C. 84; 1 Dears. & B. 265). The passing of a flash note as a genuine one (Reg. v. Coulson, 1 Den. C. C. 592 ; 19 L. J., N. S. 182) ; or a note of a bank which has stopped payment, (Reg. v. Eva?is, 29 L. J. (N. S.) M. C. 20); or a note of one value as a note of a higher value, (Reg. v. Jessop, 1 Dears. & B. 442 ; 27 L. J. (N. S.) M. C. 70), is within the statute. Of a different description, but still within the statute, is the obtaining money as charity by means of untrue statements in a begging letter, (Reg. v. Jones, 1 Den. C. C. 551 ; 19 L.J. (N. S.) M. C. 162) ; or a false statement by a secretary of a friendly society of the amount due by a member, (Reg. v. Woollen, 1 Den. C. C. 559; 19 L. J. (N. S.) M. C. 185); or that a society has a certain sum in a bank and so inducing a payment as entrance money, (Reg. v. Milman, 22 L. J. (N. S.) M. C. 118.) The person parting with the money must, however, be- lieve the false statement to be true, (Reg. v. Mills, 1 Dears. & B. 205; 26 L. J. (N. S.) M. C. 29); and the statement must be of an existing fact, and not a mere promise, al- though it is sufficient if made up of both, as where money is advanced on the faith of a false statement of the posses- sion of goods and a promise to sell them, (R. v. West, 27 L. J. N., S. 227 ; 1 Dears. & B. 575.) The obtaining must also be the direct result of the pretence and not of an inter- mediate contract. Therefore eatables supplied under an agreement to board and lodge the defendant, entered into in consequence of a false statement, (Reg. v. Gardner, 1 Dears. & B. 140; 25 L. J. (N. S.) M. C. 100,) or money paid in consequence of a partnership entered into by false pretences, are not within the statute, (Reg. v. Watson, 1 Dears. & B. 348 ; 27 L. J. (N. S.) M. C. IS). On the other hand, a false repre- sentation that the defendant had built a house, and obtaining money on a deposit of the lease of the land, and agreeing to execute a mortgage, is not too remote, ( Reg. v. Burgon, 1 Dears. & B. 11 ; 25 L. J. (N. S.) M. C. 105) ; and a baker 24 & 25 Vict. Cap. 96. tain from any other person any chattel (a), money, or valuable security (b), with intent to defraud, shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement (c) : provided, that if upon the trial of any person in- dicted for such misdemeanor, it shall be proved that he obtained the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be ac- quitted of such misdemeanor ; and no person tried for such misdemeanor shall be liable to be after- wards prosecuted for larceny upon the same facts : provided also, that it shall be sufficient in any in- dictment for obtaining or attempting to obtain any such property by false pretences, to allege that the who under contract for supplying paupers with bread on their producing tickets, fraudulently gave them short weight, and produced the tickets to the relieving officer, who credited him with them, was held indictable for attempting, (the fraud being discovered before paying the amount of the contract,) to ob- tain money by false pretences, (Reg. v. EagJeton, Dears. C. C. 515 ; 24 L. J. (N. S.) M. C. 158. By the 8 & 9 Vict. c. 109, s. 17, money won by cheating at play is deemed to have been obtained by a false pretence. As to the form of indictment, see Hamilton v. The Queen, 9 Q. B. Rep. 271 ; 16 L. J. (N. S.) M. C. 9. As to indictable cheats, see Reg. v. Closs, 27 L. J. (N. S.) M. C. 54; Reg. v. Oates, 29 Id. 123. (a) That is to say, some chattel which is the subject of lar- ceny, and therefore a person cannot be convicted of obtaining a dog by false pretences. Reg. v. Robinson, 28 L. J. (N. S.) M. C. 58 ; but a railway ticket is a chattel within this pro- vision. Reg. v. Boulton, 19 L. J. (N. S.) M. C. 67, and Reg. v. Morrison, 28 L. J. (N. S.) M. C. 210. (b) See ante, sect. 1, for the definition of "valuable se- curity," and sect. 89, post, and note, for what is an obtaining within the meaning of this section. (c) See post, ss. 118, 119. Larceny, etc. 91 party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, [and without alleging any ownership of the chattel, money, or valuable security ;] and on the trial of any such indictment it shall not be necessary to prove an intent to defraud any parti- cular person, but it shall be sufficient to prove that the party accused did the act charged with an in- tent to defraud. Framed so far as regards the offence on the 7 & 8 Geo. 4, c. 29, s. 53, and the Irish Acts, 9 Geo. 4, c. 55, s. 46, and 5 & 6 Will. 4, c. 34, s. 1, passed in consequence of a failure of justice frequently arising from the subtle distinction between larceny and fraud. Where the owner, or some one authorized on his behalf, parts with the entire property in goods or money in consequence of a false representation, the person obtaining them cannot, in law, be treated as having stolen them. On the other hand, where the owner only intended to part with the temporary possession of the goods, or where they were given up by a person not authorized to part with the pro- perty in them, the obtaining of them by a false represen- tation, may amount to a stealing: see recent illustrations of the distinction, Reg v. Barnes, 2 Den. C. C. 59 ; 20 L. J. (N. S.) M. C. 34, and Reg. v. Kay, I Dears. & B. 231 ; 26 L. J. (N. S.) M. C. 119. The provision as to the form of the indictment follows the 14 & 15 Vict. c. 100, s. 8, except with respect to the ownership of the thing obtained. For- merly there was often considerable difficulty in ascertaining and determining the particular person intended to be de- frauded, as for instance, whether a person, pretending he was authorized by A. to obtain goods from B., intended to defraud A. or B. ? This difficulty was met by the 14 & 15 Vict. c. 100, s. 8: (see the note to s. 44, 24 & 25 Vict. c. 98, post.) Still it was necessary to state the owner of the property, and the omission was fatal. (Sill v. The Queen, 1 E. & B. 553.) This, however, it will be seen is no longer necessary. In cases of embezzlement and obtaining money or bank notes (which may be described as money) by false pretences, the charge will be supported by proof, "that the offender embezzled or obtained any piece of coin, or any bank note, or any portion of the value thereof, although such piece of coin or bank note may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly." 14 & 15 Vict. c. 100, s. 18 (unrepealed). This offence is triable at quarter sessions. 92 24 & 25 Vict. Cap. 96. No bill for false pretences can be presented to a grand jury, unless the prosecutor has been bound by recognizance to pro- secute, or unless the accused has been committed or bound by recognizance to appear, unless the indictment be preferred by the direction or consent in writing of a judge or of the attorney or solicitor-general for England or Ireland, as the case may be: 22 & 23 Vict. c. 17. Where any money or thing is caused to be paid or deli- vered to any person other than the per- son making a false pre- tence. 89. [Whosoever shall by any false pretence cause or procure any money to be paid, or any chattel, or valuable security (a), to be delivered to any other person, for the use or benefit or on account of the person making such false pretence, or of any other person, with intent to defraud, shall be deemed to have obtained such money, chattel, or valuable security, within the meaning of the last preceding section.] (a) See ante, sect. 1. This is a new provision, but it does not appear to have any extensive operation, for it has been held that the causing money to be paid into the hands of a third person, is an ob- taining of it by a false pretence. See Reg. v. Butcher, 28 L. J. (N. S.) M. C. 15. It may have been so inserted with a view to meet the case of Reg. v. Garrett, 23 L. J. (N. S.) M. C. 20, but if so, it seems questionable whether the object has been attained. Inducing persons by fraud to execute deeds and other instru- ments. 90. Whosoever, with intent to defraud or injure any other person, shall by any false pretence fraudu- lently cause or induce any other person to execute, make, accept, endorse, or destroy the whole or any part of any valuable security (a), or to write, im- press, or affix his name, or the name of any other person, or of any company, firm, or co-partnership, or the seal of any body corporate, company, or society, upon any paper or parchment, in order that the same may be afterwards made or converted into or used or dealt with as a valuable security, («) See ante, sect 1. Larceny, etc. 93 shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. This section considerably extends the repealed statute, 21 & 22 Vict. c. 47, the language of which was, that " if any person shall by any false pretence obtain the signature of any other person to any bill of exchange, promissory note or any valuable security, with intent to cheat or defraud, every such offender shall be guilty of a misdemeanor.'' As to the of- fences met by this provision, see Reg. v. Danger, 1 Dears. & B. 327 ; 2b' L. J. (N. S.) M. C. 185. As to imprisonment and solitary confinement, see post, ss. 118, 119. This offence is triable at quarter sessions. As to receiving stolen goods : 91. Whosoever shall receive (a) any chattel, money, Receiving, where the valuable security, or other property (o) whatsoever, principal is the stealing, taking, [extorting, obtaining, embez- fetony. zling, or otherwise disposing whereof] shall amount to a felony, either at common law or by virtue of this act, knowing the same to have been feloniously stolen, taken, [extorted, obtained, embezzled, or disposed of,] shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact, or for a substantive felony, and, in the latter case, whether the principal felon shall, or shall not have been previously convicted, or shall or shall not be amenable to justice ; and every such receiver, howsoever convicted, shall be liable, (a) Actual manual receipt is not necessary ; the actual pos- session by another under the control of the receiver is suf- ficient. Reg. v. Wiley, 2 Den. C. C. 37 ; 20 L. J. ( N. S.) M. C. 4 ; Reg. v. Smith, Dears. C. C. 494 ; 24 L. J. (N. S.) M. C. 135. (b) See the definitions of "valuable security" and "pro- perty," ante, sect. 1. 94 24 & 25 Vict. Cap. 96. at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping (a) : provided, that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence, (a) See post, ss. 118, 119. Framed on the 7 & 8 Geo. 4, c. 29, s. 54, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 47. Independently of the words now introduced, a receiver of property embezzled might be convicted of receiving them, knowing them to have been stolen. Reg. v. Frampton, 27 L. J. (N. S.) M. C. 229. This offence is triable at quarter sessions. indictment 92. In any indictment [containing a charge of] and receiv- feloniously stealing any property (b) it shall be lawful to add a count [or several counts] for felo- niously receiving the same [or any part or parts thereof,] knowing the same to have been stolen, and in any indictment for feloniously receiving any property knowing it to have been stolen it shall be lawful to add a count for feloniously stealing the same ; and where any such indictment shall have been preferred and found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury who shall try the same to find a verdict of guilty, either of stealing the property, or of receiving the same, [or any part or parts thereof,] knowing the same to have been stolen ; and if such indictment shall have been preferred and found against two or more persons it (b) See ante, sect. 1. Larceny, etc. 95 shall be lawful for the jury who shall try the same to find all or any of the said persons guilty either of stealing the property or of receiving the same, [or any part or parts thereof,] knowing the same to have been stolen, or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving the same, [or any part or parts thereof,] knowing the same to have been stolen. This section, with the exceptions indicated, follows the 11 & 12 Vict. c. 46, s. 3. Under certain circumstances, the same person may be found guilty both of stealing! and receiving without inconsis- tency, for the same person may well be an accessory before the fact, and therefore indicted for the larceny, (see ante, p. 1,) and also a receiver, see Reg. v. Hughes, 29 L. J. (N. S.) M. C. 71 ; but a principal in the second degree cannot as such be convicted of receiving, Reg. v. Perkins, 21 L. J., M. C. 152. A wife receiving from her husband goods stolen by him, cannot be convicted, Reg. v. Brooks, 22 L. J. (N. S.) M. C. 121 ; 1 Den. 184 ; but a husband and wife may be convicted of separately receiving different articles at different times, see Reg. v. Wardroper, 29 L. J. (N. S.) M. C. 117. 93. Whenever any property (a) whatsoever shall j^P 3 ™^" have been stolen, [taken, extorted, obtained, em- be included ' L ' in the same bezzled, or otherwise disposed of in such a manner indictment . in tne al3 ~ as to amount to a felony, either at common law or sence of the n i • -i i r> x principal. by virtue of this act,] any number ot receivers at different times of such property, [or of any part or parts thereof,] may be charged with substantive felonies in the same indictment, [and may be tried together,] notwithstanding that the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. (a) See ante, sect. 1. Framed on the 14 & 15 Vict. c. 100, s. 15, which included accessories, the section reciting that " it frequently happens that the principal in a felony is not in custody or amenable to justice, although several accessories to such felony, or re- 96 24 & 25 Vict. Cap. 96. ceivers at different times of stolen property, the subject of such felony, may be in custody or amenable to justice," and then "for the prevention of several trials" enacted " that any number of such accessories or receivers may be charged with substantive felonies in the same indictment, notwithstanding the principal felon shall not be included in the same indict- ment, or shall or shall not be amenable to justice." As to accessories in general, see the 24 & 25 Vict. c. 94, ante. On an in- 94. If upon the trial of any two or more persons dictment for .,.,„.., .. . /■ \ m jointly re- indicted tor jointly receiving any property (a), it sons ma/be shall be proved that one or more of such persons separately separately received any part [or parts] of such pro- receivwg. perty, it shall be lawful for the jury to convict, upon such indictment, such of the said persons as shall be proved to have received any part [or parts] of such property, (a) See ante, sect. 1. This section follows the 14 & 15 Vict. c. 100, s. 14. Receiving, where the principal has been guilty of a misdemean- or. 95. Whosoever shall receive any chattel, money, valuable security, or other property (b) whatso- ever, the stealing, taking, obtaining, converting, or disposing whereof is made a misdemeanor by this act, knowing the same to have been unlawfully stolen, taken, obtained, converted or disposed of, shall be guilty of a misdemeanor, aud may be in- dicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice ; and every such receiver, being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be im- (b) See the definitions of " valuable security " and "pro- perty," ante, sect. 1. Larceny, etc. 97 prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 29, s. 55 (and the cor- responding Irish Act, 9 Geo. 4, c. 55, s. 48), and on the 20 & 21 Vict. c. 54, s. 9. As to imprisonment, solitary confine- ment, and whipping, see post, ss. 118, 119. This offence is triable at quarter sessions. 96. Whosoever shall receive any chattel, money, Receiver valuable security, or other property (a) whatsoever, triable. knowing the same to have been feloniously or un- lawfully stolen, taken, obtained, converted [or disposed of,] may, whether charged as an acces- sory after the fact to the felony, or with a sub- stantive felony, or with a misdemeanor only, be dealt with, indicted, tried and punished, in any county or place in which he shall have or shall have had any such property in his possession (b), or in any county or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried and punished in the county or place where he actually received such property. (a) Seethe definition of "valuable security" and "pro- perty," ante, sect. 1. (b) In Reg. v. Ryer, 26 L. J., M. C. 192, it was held that a receiver, sending a stolen bank note by post into the county of W., had possession of the note in \V. within the meaning of this section, the possession of the post-office authorities being his possession ; and see note (a) to sect. 91, ante, p. 93. This sec tion follows the 7 & 8 Geo. 4, c. 29, s. 56, and the corresponding Irish Act, 9 Geo. 4, c. 55, s. 49 ; see also sect. 114, post. 97. Where the stealing or taking of any pro- Receivers of 98 24 & 25 Vict. Cap. 96. property, where the original offence is punishable on summary conviction. perty («) whatsoever is by this act punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by, shall, on conviction thereof before a jus- tice of the peace, be liable, for every first, second or subsequent offence of receiving, to the same for- feiture and punishment to which a person guilty of a first, second or subsequent offence of steal- ing or taking such property, is by this act made liable. (a) See ante, sect 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 60. Piincipals in the second degree and accessories. Abettors in misdemean- ors. 98. In case of every felony punishable under this act every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this act punishable ; and every acces- sory after the fact to any felony punishable under this act (except only a receiver of stolen property) shall, on conviction, be liable, at the discretion of the court, to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement (b); and every person who shall aid, abet, counsel or pro- cure the commission of any misdemeanor punishable under this act shall be liable to be indicted and punished as a principal offender. (b) Seeposi, ss. US, 119. This section follows verbatim (except as regards the ac- companiments of imprisonment) the 7 & 8 Geo. 4, c. 29, s. CI, and the corresponding Irish Act, 9 Geo. 4, c. 55, s. 54. As this is the first time that a " principal in the second degree " is mentioned in the Consolidation Acts, it may be stated that principals, as distinguished from accessories, are Larceny, etc. 99 divided into principals in the first degree and principals in the second degree, the former being the actual perpetrators of the crime, the latter those who are present or near either actually assisting, or ready to do so if occasion requires. The punishment being the same, the indictment makes no dis- tinction between these two kinds of principals. With respect to accessories before the fact, this section is merged in the provisions of the 24 & 25 Vict. c. 94, ante, p. 1. The last clause of the section, too, does not, it seems, advance the com- mon law : (see note to sect. 8 of the 24 & 25 Vict. c. 94, ante, p 5. These offences are triable at quarter sessions. 99. Whosoever shall aid, abet, counsel, or pro- Abettors in offences cure the commission of any offence which is by this punishable act punishable on summary conviction, either for conviction. every time of its .commission, or for the first and second time only, or for the first time only, shall, on conviction before a justice of the peace, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this act made liable. Framed on the 7 & 8 Geo. 4, c. 29, s. 62, and see the 11 & 12 Vict. c. 43, s. 5, and the Irish Act, 14 & 15 Vict. c. 93, s. 22. As to restitution and recovery of stolen pro- perty : 100. If any person guilty of any such felony or The owner misdemeanor as is mentioned in this act, in stealing, property taking, obtaining, [extorting, embezzling,] convert- \^ cuting receiver to conviction ing, [or disposing of,] or in knowingly receiving, any chattel, money, valuable security, or other pro- sha1 .' ha . ve perty (a) whatsoever, shall be indicted for such of his P r °- nt perty. offence, by or on the behalf of the owner of the property, or his executor or administrator, and (a) See the definition of " valuable security" and "pro- perty," ante, sect. 1. f2 100 24 & 25 Vict. Cap. 96. Provision as to valuable and nego- tiable secu- rities. Not to apply to prosecu- tions of trustees, bankers, &c. convicted thereof, in such case the property shall he restored to the owner or his representative (a) : and in every case in this section aforesaid the court before whom any person shall be tried for any such felony or misdemeanor shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a sum- mary manner (6) : provided, that if it shall appear before any award or order made that any valuable security shall have been bona fide paid or dis- charged by some person or body corporate liable to the payment thereof, or being a negotiable instru- ment shall have been bona, fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, [ex- torted, embezzled,] converted, [or disposed of,] in such case the court shall not award or order the restitution of such security : [provided also, that nothing in this section contained shall apply to (a) The following clause in the bill, aS it passed the Lords in i860, was struck out by the committee of the House of Commons, after a division upon the point: — "And in every other case where any person shall be tried for any such felony or misdemeanor as in this section aforesaid, and the court shall be satisfied upon the evidence that the chattel, money, valuable security, or other property had been stolen, taken, obtained, extorted, embezzled, converted, disposed of, or knowingly received, the court may, in its discretion, order the property to be restored to the owner or his representative." A discretionary power to order the restitution of the pro- ceeds of such property, when found in the prisoner's posses- sion, seems desirable, for although in Harris's case, Noy, 128, and R. v. Powell, 7 C. & P. 640, restitution of the proceeds was ordered, judges have recently refused to extend the lan- guage of the statute. (b) It is imperative on the court to order restitution: so held by Keating, J., after consulting Hill, J., Reg. v. , Gloucester Summer Assizes, 1861. Larceny, etc. 101 the case of any pi-osecution of any trustee, banker, merchant, attorney, factor, broker, or other agent intrusted with the possession of goods or documents of title to goods for any misdemeanor against this act.] Framed on the 7 & 8 Geo. 4, c. 29, s. 57 (which superseded the 21 Hen. 8, c. 1 1 ), and the Irish Acts, 9 Geo. 4, c. 55, s. 50, as amended by the 5 & 6 Will. 4, c. 34, s. 2. Justices on sum- mary convictions have the same power under the 18 & 19 Vict. c. 126, s. 8. 101. Whosoever shall corruptly take any money ^Jjj*?* or reward, directly or indirectly, under pretence or helping to J the recovery upon account of helping any person to any chattel, of stolen pro- 1 7 i / \ perty without money, valuable security, or other property (a) bringing the whatsoever which shall by any felony or misde- to trial. meauor have been stolen, taken, obtained, [ex- torted, embezzled,] converted, [or disposed of,] as in this act before mentioned, shall (unless he [shall have used all due diligence to] cause the offender to be brought to trial for the same) {b) be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of eighteen years, with or without whipping. (a) See the definition of '' valuable security" and "pro- perly," ante, sect. 1. (ft) " Unless he cause the offender to be apprehended and brought to trial for the same," 7 & 8 Geo. 4, c. 29, s. 58. Framed on the 7 & 8 Geo. 4, c. 29, s. 58, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 51. For what is a corrupt taking of money within this section, see Reg. v. Pascoe, 1 Den. C. C. 456 ; 18 L. J. (N. S.) M. C. 186. As to imprisonment, solitary confinement, and whipping, see post, 102 24 & 25 Vict. Cap. 96. ss. 118, 119. The age of eighteen has heen apparently in- advertently retained in this section. See the note to sect 4, ante, p. 25. This offence is triable at quarter sessions. Advertising 102. Whosoever shall publicly advertise a reward theTeufrn ' for the return of any property (a) whatsoever which property, &c. shall have been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property, or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost the money so paid or advanced, or any other sum of money or reward for the return of such property, or shall print or publish any such ad- vertisement, shall forfeit the sum of fifty pounds for every such offence to any person who will sue for the same by action of debt, to be recovered with full costs of suit, (a) See ante, sect. 1. Identical with the 7 & 8 Geo. 4, c. 29, s. 59, and the cor- responding provision in the Irish Act, 9 Geo. 4, c. 55, s. 52. See also a similar provision respecting dogs in the now re- pealed statute 8 & 9 Vict. c. 47, s. 4. As to apprehension of offenders, and other proceedings : A person in 103. Any person found committing any offence committing punishable, either upon indictment or upon sum- Larceny, etc. 103 mary conviction, by virtue of this act, except only any offence •> ij ' may foe ap- the offence of anglins; in the daytime (a), may be prehended , , . without a immediately apprehended Avithout a warrant by warrant. any person, and forthwith taken, together with such property (b), if any, before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove upon a justice, • • ii upon good oath before ajustice of the peace a reasonable cause grounds of , , . . . . suspicion to suspect that any person has in his possession or proved on on his premises any property whatsoever on or gr ant 'a' y with respect to which any offence, punishable ^^ t- either upon indictment or upon summary con- viction by virtue of this act, shall have been com- mitted, the justice may grant a warrant to search for such property as in the case of stolen goods ; and any person to whom any property shall be Any person offered to be sold, pawned, or delivered, if he shall stolen pro- have reasonable cause to suspect that any such offeredmay offence has been committed on or with respect to p|r Z ty *| er . such property, is hereby authorized, and, if in his ing ll - power, is required to apprehend and forthwith to take before ajustice of the peace the party offering the same, together with such property, to be dealt with according to law. (a) The following clause was inserted here in the bill, and passed the Lords in 1860, but was struck out by the commit- tee of the House of Commons: — "or found in possession of any property on or with respect to which there is reasonable cause to believe that any felony or indictable misdemeanor punishable under this act has been committed, and that such person either committed such felony or misdemeanor, or un- lawfully received such property knowing such felony or mis- demeanor to have been committed." (b) See ante, sect. 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 63. See also the re- pealed provisions of the 8 & 9 Vict. c. 47, s. 5, and the Irish Act, 14 & 15 Vict. c. 92, ss. 4 & 5. 104. Any constable or peace officer may take A person 104 24 & 25 Vict. Cap. 96. loitering at into custody, without warrant, any person whom suspected of he shall find lying or loitering in any highway, againstTiL yard, or other place, during the night (a), and whom apprehended, he shall have good cause to suspect of having com- mitted, or being about to commit, any felony against this act, and shall take such person, as soon as reasonably may be, before a justice of the peace, to be dealt with according to law. (a) For the definition of " night," see ante, s. 1. Taken from the 9 & 10 Vict. c. 25, s. 13. The 14 & 15 Vict. c. 19, s. 11 (unrepealed), reciting that " doubts have been entertained as to the authority to apprehend persons found committing indictable offences in the night," enacts " that it shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence in the night, and to convey him or deliver him to some constable or other peace officer, in order to his being conveyed, as soon as conveniently may be, before a justice of the peace, to be dealt with according to law." Sect. 13 provides that the time at which night shall commence and conclude, shall be the same as in cases of burglary. The 1 Vict. c. 86, s. 4, made night for the purposes of burglary to commence at 9 p.m. and end at 6 a.m. ; but that statute being now repealed, the effect of the above sect. 11, in respect of "night," is doubtful. See the note to sect. 52 of the present act, ante, p. 59. Mode of com- pelling the appearance of persons punishable on summary conviction. 105. Where any person shall be charged on the oath of a credible witness before any justice of the peace with any offence punishable on summary conviction under this act, the justice may summon the person charged to appear at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leav- ing the same at his usual place of abode,) the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person, and bringing him before himself or some other justice of the peace ; or the justice Larceny, etc. 105 before whom the charge shall be made may (if he shall so think fit), without any previous summons (unless where otherwise specially directed), issue such warrant, and the justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case. Framed on the 7 & 8 Geo. 4, c. 29, s. 65. See also the 11 & 12 Vict. c. 43 (" Jervis' Act") and the Irish Act, 14 & 15 Vict. c. 93 (both unrepealed), and post, s. 120. 106. Every sum of money which shall be for- JflggS- feited on any summary conviction for the value of «*v**g any property stolen or taken, or for the amount of conviction., any injury done (such value or amount to be assessed in each case by the convicting justice), shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty ; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such value or amount or otherwise, shall be paid and applied in the same manner as other penalties re- coverable before justices of the peace are to be paid and applied in cases where the statute imposing the same contains no direction for the payment thereof to any person (a) : provided, that where several Proviso persons shall join in the commission of the same ■£">££ offence, and shall, upon conviction thereof, each be commission adjudged to forfeit a sum equivalent to the value offence. of the property or to the amount of the injury, in every such case no further sum shall be paid to the party aggrieved than such value or amount ; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a (o) See the 11 & 12 Vict. c. 43, s. 31. F5 106 24 & 25 Vict. Cap. 96. justice of the peace is hereinbefore directed to be applied. Framed on the 7 & 8 Geo. 4, c. 29, s. 66. See also the 18 & 19 Vict. c. 126, s. 22, and the Irish Act, 14 & 15 Vict. c. 93, s. 22 (both unrepealed). If a person summarily convicted shall not pay, &c, the justice may commit him. Scale of im- prisonment. 107. In every case of a summary conviction under this act, where the sum which shall be forfeited for the value of the property stolen or taken, or for the amount of the injury done, or which shall be imposed as a penalty by the justice, shall not be paid, either immediately after the con- viction, or within such period as the justice shall at the time of the conviction appoint, the convicting justice (unless where otherwise specially directed) may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, accord- ing to the discretion of the justice, for any term not exceeding two months, where the amount of the sum forfeited or of the penalty imposed, or of both, (as the case may be,) together with the costs, shall not exceed five pounds, and for any term not ex- ceeding four months where the amount, with costs, shall not exceed ten pounds, and for any term not exceeding six months in any other case, the com- mitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. Framed on the 7 & 8 Geo. 4, c. 29, s. 67. See also the 8 &• 9 Vict. c. 47, s. 8, and the Irish Act, 14 & 15 Vict. c. 93, s. 22. Justice may 108. Where any person shall be summarily con- the offender victed before a justice of the peace of any offence cases. against this act, and it shall be a first conviction, 107 Lakceny, etc. the justice may, if lie shall so think fit, discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice- Framed on the 7 & 8 Geo. 4, c. 29, s. GS, and the Irish Act, 14 & 15 Vict. c. 92, s. 21. 109. In case any person convicted of any offence a summary punishable upon summary conviction by virtue of shall b^a this act shall have paid the sum adjudged to be otherpro^ paid together with costs, under such conviction, or «|| s ^ e shall have received a remission thereof from the «"»«• crown, or from the lord lieutenant or other chief governor in Ireland, or shall have suffered the im- prisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, in every such case he shall be released from all further or other proceed- ings for the same cause. Framed on the 7 & 8 Geo. 4, c. 29, s. 70. 110. In all cases where the sum adjudged to be Appeal. paid on any summary conviction shall exceed five pounds (a), or the imprisonment adjudged shall ex- ceed one month, or the conviction shall take place before one justice only, any person who shall think himself aggrieved by any such conviction may ap- peal to the next court of general or quarter sessions which shall be holden not less than twelve days (a) That is to say, the penalty and value of the thing in question where the value is included in the sum adjudged to be paid. 108 24 & 25 Vict. Cap. 96. after the day of such conviction for the county or place wherein the cause of complaint shall have arisen ; provided, that such person shall give to the • . complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either re- main in custody until the sessions, or shall enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions and to try such ap- peal, and to abide the judgment of the court there- upon, and to pay such costs as shall be by the court awarded ; [or if such appeal shall be against any conviction, whereby only a penalty or other sum of money shall be adjudged to be paid, shall deposit with the clerk of the convicting justice such a sum of money as such justice shall deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction and the costs of the appeal] ; and upon such notice being given, and such recognizance being entered into, [or such deposit being made,] the justice before whom such recognizance shall be entered into, [or such deposit shall be made,] shall liberate such person if in custody ; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet, and in case of the dismissal of the appeal or the affirmance of the conviction shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment ; [and in any case where Larceny, etc. *°9 after any such deposit shall have been made as aforesaid the conviction shall be affirmed, the court may order the sum thereby adjudged to be paid, together with the costs of the conviction and the m costs of the appeal, to be paid out of the money deposited, and the residue thereof, if any, to be repaid to the party convicted; and in any case where after any such deposit the conviction shall be quashed, the court shall order the money de- posited to be repaid to the party convicted ; and in every case where any conviction shall be quashed on appeal as aforesaid the clerk of the peace, or other proper officer, shall forthwith indorse on the conviction a memorandum that the same has been so quashed ; and whenever any copy or certificate of such conviction shall be made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction has been quashed in every case where such copy or cer- tificate would be sufficient evidence of such con- viction.] Framed on the 7 & 8 Geo. 4, c. 29, s. 27, and on the Irish Act, 14 & 15 Vict. c. 92, s. 23. 111. No such conviction, or adjudication made Nocer- on appeal therefrom, shall be quashed for want of form, or be removed by certiorari into any of her majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. Framed on the 7 & 8 Geo. 4, c. 29, s 73. See also the Irish Act, 14 & 15 Vict. c. 92, s. 24 (unrepealed). 110 24 & 25 Yict. Cap. 96. Convictions to be re- returned to the quarter sessions. 112. Every justice of the peace before whom any person shall be convicted of any offence against this act shall transmit the conviction to the next court of general or quarter sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court ; and upon any information- against any person for a subsequent offence, a copy of such conviction, cer- tified by the proper officer of the court (a), or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been un- appealed against until the contrary be shown. fa) Proof of the signature of the officer is unnecessary. See the 8 & 9 Vict. c. 113, s. 1. Framed on the 7 & 8 Geo. 4, c. 29, s. 74. The identity of the offender must of course be shown. The certified copy of the conviction, it will he observed, is made evidence upon any information for a subsequent offence, departing from the language of the repealed statute 7 & 8 Geo. 4, c. 29, s. 74, which made the certified copy evidence upon any indictment or information. The omission of the word " indictment" is probably intentional, (although it is retained in the re-enact- ment of the analogous provision in the repealed Malicious In- juries Act, 7 & 8 Geo. 4, c. 30, s. 40, see the 24 & 25 Vict. # c. 97, s. 70, post,) for the proof of a certificate upon an in- dictment is expressly provided for by sect. 116, post, and even if it did not, it seems that sect. 14 of the 14 & 15 Vict. c. 99, which makes public documents proveable by certified copies, would apply. Venue, in proceedings against per- sons acting under this act. Notice of action. 113. All actions and prosecutions to be com- menced against any person for anything done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six months after the fact com- mitted, and not otherwise ; and notice in writing of such action and of the cauee thereof shall be Larceny, etc. HI <>-iveii to the defendant one month at least before the commencement of the action ; and in any such ? e ^^ c action the defendant may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of suffi- cient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant ; and if a verdict shall pas? for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or other- wise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases ; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the judge before whom the trial shall be shall certify his approbation of the action. Framed on the 7 & 8 Geo. 4, c. 29, s. 75, and the corre- sponding Irish Act, 9 Geo. 4, c. 55, s. 37. As to other matters : 114. If any person shall have in his possession (a) stealers of in any one part of the united kingdom any chat- one part of tel, money, valuable security, or other property (b) kingdom whatsoever, which he shall have stolen or other- J„e° S a m e e m wise feloniously taken in any other part of the p"^"^ united kingdom united kingdom, he may be dealt with, indicted, n (a) See as to possession, ante, p. 96, note (a) to s. 96. (6) Seethe definition of "valuable security" and "pro- perty," ante, sect. 1. 112 24 & 25 Vict. Cap. 96. may be tried and punished in that part of the united kingdom where they have the property. tried, and punished for larceny or theft in that part of the united kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part ; and if any person in any one part of the united kingdom shall receive or have any chattel, money, valuable security, or other property whatsoever which shall have been stolen or otherwise feloniously taken in any other part of the united kingdom, such person knowing such property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried, and punished for such offence in that part of the united kingdom where he shall so receive or have such property, in the same man- ner as if it had been originally stolen or taken in that part. Framed on the 7 & 8 Geo. 4, c. 29, s. 76, and on the corre ■ sponding Irish Act, 9 Geo. 4, c. 55, s. 75. See also ante, sect. 96. Offences committed within the jurisdiction of the Ad- miralty. 115. All indictable offences mentioned in this act which shall be committed within the jurisdiction of the admiralty of England or Ireland shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been com- mitted upon the land in England or Ireland, and may be dealt with, inquired of, tried, and deter- mined in any county or place in which the offender shall be apprehended or be in custody ; and in any indictment for any such offence or for being an accessory to any such offence the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence itself shall be averred to have been committed " on the high seas ;" provided, that nothing herein con- Larceny, etc. 113 tained shall alter or affect any of the laws relating to the government of her majesty's land or naval forces. Framed on the 7 & 8 Geo. 4, c. 29, s. 77, and on the Irish Act, 9 Geo. 4, c. 55, s. 74. See also the 7 & 8 Vict. c. 2 (un- repealed). So far as respects accessories, this provision is merged in the 24 & 25 Vict. c. 94, ss. 7, 9, vide ante, pp. 4, 5. 116. In anv indictment for any offence punish- Form of in- J \ . dietment for ahle under this act, and committed after a previous a subsequent conviction or convictions for any felony, misde- meanor, or offence or offences punishable upon summary conviction, it shall be sufficient, [after charging the subsequent offence (a),] to state that the offender was at a certain time and place or at certain times and places convicted of felony, or of an indictable misdemeanor, or of an offence or offences punishable upon summary conviction, (as the case may be,) without otherwise describing the previous felony, misdemeanor, offence or offences ; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony or misde- meanor, or a copy of any such summary conviction, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where the offender was first convicted, or to which such summary conviction shall have been returned, or by the deputy of such clerk or officer, (for which certificate or copy a fee of five shillings and no more shall be demanded or taken,) shall, upon proof of the identity of the person of the offender, be sufficient evidence of such convic- («) It seems to be immaterial whether the prior conviction be alleged before or after the substantive charge : see Reg. v. Hilton, 28 L. J. (N. S.) M. C. 28. 114 24 & 25 Vict. Cap. 96. When the previous conviction is to he proved on the trial. tion, without proof of the signature or official character of the person appearing to have signed the same ; [and the proceedings upon any indict- ment for committing any offence after a previous conviction or convictions shall be as follows ; (that is to say,) the offender shall, in the first instance, be arraigned upon so much only of the indictment as charges the subsequent offence, and if he plead not guilty, or if the court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire concerning such subsequent offence only ; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the indictment, and if he answer that he had been so previously convicted the court may proceed to sen- tence him accordingly, but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concern- ing such previous conviction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry :] provided, that, if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character (a), it shall be lawful for the prosecutor, in answer thereto, to give evidence of the convic- tion of such person for the previous offence or offences before such verdict of guilty shall be re- turned, and the jury shall inquire concerning such (a) That is to say, either by calling witnesses or cross- examining the witnesses for the prosecution. Reg. v. Shrimp- ton, 2 Den. C. C. 319; 21 L. J., M. C. 37. Larceny, etc. 115 previous conviction or convictions at the same time that they inquire concerning such subsequent offence. The first part of this section, relating to the form of indict- ment and evidence of a previous conviction, is framed on the 7 & 8 Geo. 4, c. 28, s. 11 (and on the corresponding Irish Act, 9 Geo. 4, c. 54, s. 21), and on the 12 & 13 Vict. c. 11, s. 4, and the 14 & 15 Vict. c. 19, s. 2. The subsequent part of the section, relating to the proceedings on the trial, is framed on the 14 & 15 Vict. c. 19, s. 9, but considerably amended. The 7 & 8 Geo. 4, c. 28, s. 11, provided "a more exemplary punishment for offenders who commit felonies after a pre- vious conviction for felony." To prevent the jury being pre- judiced by the previous conviction, the 6 & 7 Will. 4, c. Ill, enacted that it should " not be lawful on the trial of any per- son for any subsequent felony to charge the jury to inquire concerning such person's conviction until after they shall have inquired concerning such subsequent felony, and shall have found such person guilty of the same ; and whenever in any statement such person's conviction shall be stated, the reading of such statement to the jury as part of the indict- ment shall be deferred until after such finding as aforesaid," and in like manner the 14 & 15 Vict. c. 19, s. 9, reciting that provision was made in that act, and in the 1 2 & 13 Vict. c. 1 1, for the more exemplary punishment of persons who should commit certain offences after one or more previous convic- tions for the like or other offences, enacted, " that it shall not be lawful on the trial of any person for any subsequent offence, where a plea of not guilty shall have been entered on his behalf, to charge the jury to inquire concerning any previous conviction, until they shall have inquired concerning such subsequent offence, and shall have found such person guilty of the same ; and whenever in any indictment any previous conviction shall be stated, the reading of such state- ment shall be deferred until after such finding as aforesaid." These provisions (which are identical in effect: see Reg. v. Shuttleworth, 21 Law J. Rep. (N. S.) M. C. 36 ; 2 Den. C. C. 351) did not meet the object they had in view, in two respects, first, " the jurors (as observed in Archbold's Pleading and Evi- dence in Criminal Cases, 14th ed. p. 125), if they are present at the arraignment of the prisoner, may, and probably will, ob- tain thereby a knowledge of his previous conviction, of which it will be difficult for them to divest their minds when they have to 'decide on his guilt or innocence as to the subsequent felony charged against him by the indictment;" secondly, these provisions did not apply to those cases where the previous conviction formed part of the offence itself, and proof of it was necessary to give the court jurisdiction, as where an offence is made larceny after one or more previous summary convictions, for there the practice continued to be 116 24 & 25 Vict. Cap. 96. to commence with proof of die former convictions: see Arch- bold's Criminal Pleading, 14th ed. pp. 309, 310, 788, &c. The present act, therefore, although the bill was drawn and passed the Lords in 1860, with a mere re-enactment of the 14 & 15 Vict. c. 19, s. 9, was extended in committee of the House of Commons so as to obviate both defects. Fine, and sureties for keeping the peace ; in what cases. 117. [Whenever any person shall be convicted of any indictable misdemeanor punishable under this act, the court may, if it shall think fit, in addition to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour ; and in case of any felony punishable under this act the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punish- ment by this act authorized : provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.] Hard labour. 118. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction. This section follows the 7 & 8 Geo. 4, c. 29, s. 4. Solitary confinement and whip- ping. 119. Whenever solitary confinement may be awarded for any indictable offence under this act, the court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, Larceny, etc. 117 and not exceeding three mouths in any one year ; [and whenever whipping may be awarded for any indictable offence under this act, the court may sentence the offender to be once privately whipped, and the number of strokes and the instrument with which they shall be inflicted shall be specified by the court in the sentence.] The first part of the section is framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5. The provision with respect to whipping is new. Hitherto the mode and extent of the whipping was in the discretion of the sheriff, or of the officer inflicting the punishment. 120. TEverv offence hereby made punishable on Summary L J . proceedings summary conviction may be prosecuted in England in England J i Hi* maybe under in the manner directed by the act of the session the n & 12 Vict, c 43 holden in the eleventh and twelfth years of queen and in ire- Victoria, chapter forty-three, so far as no provision t ™ e ^ & \ r 5 is hereby made for any matter or thing which may Vlct> c< 93 be required to be done in the course of such prose- cution, and may be prosecuted in Ireland before two or more justices of the peace, or one metro- politan or stipendiary magistrate, in the manner directed by the act of the session holden in the fourteenth and fifteenth years of queen Victoria, chapter ninety-three, or in such other manner as may be directed by any act that may be passed for like purposes ; and all provisions contained in the said acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this act : provided, that nothing in this act con- except in „ London and tained shall in any manner alter or affect any themetro- , . , . ,, D politan police enactment relating to procedure in the case ot any district. offence punishable on summary conviction within the city of London or the metropolitan police district, or the recovery or application of any penalty or forfeiture for any such offence.] 118 The costs of the prose- cution of mis- demeanors against this act may be allowed. 24 & 25 Vict. Cap. 96. 121. [The court before which any indictable misdemeanor against this act shall be prosecuted or tried may allow the costs of the prosecution in the same manner as in cases of felony ; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.] The costs of prosecutions for felonies are provided for by the 7 Geo. 4, c. 64, s. 22 (unrepealed). The same statute also provides (sect. 23) for the costs in certain misdemeanors, and the now repealed Fraudulent Trustee Act, 20 & 21 Vict. c. 54, provided for the costs of prosecutions under it. Act not to extend to Scotland. 122. Nothing in this act contained shall extend to Scotland, except as hereinbefore otherwise ex- pressly provided. Commence- ment of act. 123. This act shall commence and take effect on the first day of November, one thousand eight hundred and sixty-one. 24 & 25 Vict. Cap. 97. An Act to consolidate and amend the Statute Law of England and Ireland relating to Malicious Injuries to Property. [6th August, 1861.] Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to malicious injuries to property : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and tem- poral and commons in this present parliament Malicious Injuries to Property. 119 assembled, and by the authority of the same, as follows : Injuries by Fire to Buildings, and Goods therein. 1. Whosoever shall unlawfully and maliciously Setting Are to , ~ . , . , r , a church or set lire to any church, chapel, [meeting house, or chapel. other place of divine worship (a),] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) "Church or chapel, or to any chapel for the religious worship of persons dissenting from the United Church of England and Ireland," 7 Will. 4 & 1 Vict. c. 89, s. 3. Framed on part of the 7 Will. 4 & 1 Vict. c. 89, s. 3. Whip- ping, in the case of males under eighteen, was permitted by the 9 & 10 Vict. c. 25, s. 9, and for notexce'eding three times. Now the age is limited to sixteen and to one whipping, " and the number of strokes and the instrument with which they shall be inflicted, shall be specified by the court in the sentence," (see post, s. 75.) As to imprisonment and solitary confinement, see ss. 74, 75. This offence cannot be tried at quarter sessions. 2. Whosoever shall unlawfully and maliciously setting (ire to set fire to any dwelling-house, any person being Lule, any" therein, shall be guilty of felony, and being con- S n n being victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without 120 24 & 25 Vict. Cap. 97. solitary confinement, and, if a male under the age of sixteen years, with or without whipping. This offence was heretofore a capital felony, see the 7 Will. 4 & 1 Vict. c. 89, s. 2. If the act be done with intent to defraud, it is immaterial that the dwelling-house is in the possession of the offender, (see s. 59, post.) As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. 3. Whosoever shall unlawfully and maliciously Setting fire to a house, out- house, manu- se t fire to any house, stable, coach-house, outhouse, factory, farm J ' ' ' building, &c. warehouse, office, shop, mill, malthouse, hop-oast, barn, storehouse, granary, hovel, shed (a) or fold, or to any farm-building, or to any building or erection used in farming land, or in carrying on any trade or manufacture or any branch thereof, whe- ther the same shall then be in the possession of the offender or in the possession of any other person, with intent thereby to injure or defraud any per- son, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) As to what i a " shed," see Reg. v. Amos. 2 Den. C. C. 65; 20 L. J.(N. S.) M. C. 103. Framed on the 7 Will. 4 & 1 Vict. c. 89, s. 3 ; 7 & 8 Vict, c. 62, s. 1. As to im prisonment, solitary confinement, and whipping, see post, ss. 74, 75. This olfence cannot be tried at quarter sessions. Setting fire 4. Whosoever shall unlawfully and maliciously to anv rail- ... way station, set fire to any station, engine-house, warehouse or other building, belonging or appertaining to any railway, [port,] dock [or harbour,] or to any canal Malicious Injuries to Property. 121 or other navigation, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with <>r without hard labour, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 14 & 15 Vict. c. 19, s. 8. As to imprison- ment and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. 5. r Whosoever shall unlawfully and maliciously Setting fire to L i 1 • anv public set fire to any building other than such as are m building. this act before mentioned, belonging to the Queen, or to any county, riding, division, city, borough, poor law union, parish or place, or belonging to any university, or college or hall of any university, or to any inn of court, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping.] This provision is new. As to imprisonment and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. 6. [Whosoever shall unlawfully and maliciously jj^g*j£_ t0 set fire to any building other than such as are in ings. this act before mentioned shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- G 122 24 & 25 Vict. Cap. 97. tucle for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping.] This provision is new. As to imprisonment and whipping, see post, ss. 74, 75. The court of quarter sessions has, apparently, jurisdiction to try cases under this section, although it seems to have been the intention of the legislature to exclude all cases of arson. Under the 5 & 6 Vict. c. 38, justices in quarter sessions and recorders cannot try offences punishable with transportation (for which now read " punishable with penal servitude," 20 & 21 Vict, c 3, s. 6,) for life, nor the offence of " setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern ;" the only cases of arson at that time not punishable so severely as by transportation for life. By the present act, however, the offences included in ss. G, 7, & 8, not being punishable by penal servitude for life, and not being expressly excluded, are triable at quarter sessions and by recorders. Still, as the spirit of the legislation on the subject should be acted upon, justices ought to commit offenders to the assizes. Setting fire 7. Whosoever shall unlawfully and maliciously to goods in . any building, set fire to any matter or thing, being in, [against, fire to -which or under] any building, under such circumstances that if the building were thereby set fire to, the offence amount to felony, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for any term not exceeding fourteen and not less than three years, — or to lie imprisoned for any term not exceeding two years, with or without bard labour, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Vict. c. 62, s. 2, and on the 14 & 15 Vict. c. 19, s. 8. As to imprisonment and whipping, see post, ss. 74, 75. As to the jurisdiction at quarter sessions, see the note to the last section. Malicious Injuries to Property. 8. Whosoever shall unlawfully and maliciously Attemi . „ ..... to set fire 10 by any over! act attempt to sol hie to any luiikling, buiidin or any matter or thing in the last preceding section mentioned (a), under such circumstances that if the same were thereby set fire to the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) Sect. 7, as the bill originally stood, specified " hay, straw, wood, or other vegetable produce, coal, turf, or other matter or thing being in, against, or under any building," but tbis description was struck out in committee of the House of Commons. Framed on the 9 & 10 Vict. c. 25, s. 7. Although an at- tempt to commit a felony is a misdemeanor at common law, of which the accused may be convicted on an indictment charging the actual offence, (see the statute 14 & 15 Vict. c. 100, s. 9, ante, p. 62,) it is doubtful whether the accused, on an indictment under s. 7, can be convicted of an attempt, or if he can, whether he can be punished under s. 8. The proper course on an indictment under s. 7 will be to add a count under s. 8. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. As to quarter sessions, see the note to sect. 10, post, p. 125. Injuries by explosive Substances to Buildings and Goods therein. 9. Whosoever shall unlawfully and maliciously, Destroying or by the explosion of gunpowder or other explosive house with substance, destroy, throw down, or damage the fnyperscn^' whole or any part of any dwelling-house, any per- herein, son being therein, or of any building whereby the life of any person shall be endangered, shall be g2 J 24 24 & 2.5 Yict. Cap. 97. guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 9 & 10 Vict. c. 25, ss. 1 & 2. If the act be done with intent to defraud, it is immaterial that the dwelling-house or building is in the possession of the offender, see s. 59, post. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. Attempting 10. Whosoever shall unlawfully and maliciously ■troy . J . ngs place or throw in, into, upon, [under,! against or with gun- k powder. near any building, any gunpowder or other explo- sive substance, with intent to destroy or damage any building (a), or any [engine], machinery, working tools, fixtures, goods or chattels, shall, whether or not any explosion take place, and whe- ther or not any damage be caused, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. (a) " With intent to do any bodilv damage to any person, or to destroy or damage any building &c," 9 & 10 Yict. c. 25, s. 6. The former intent is now separately provided for by the act, " to consolidate and amend the statute law of England and Ireland, relating to offences against the person," 24 & 25 Vict c. 100, s. 30. See that provision, post. Framed on the 9 & 10 Vict. c. 25, s. 6. That section Malicious Injuries to Property. 121 included ships, but a separate section in the present act provides for them, (see post, s. 45.) If the act he done with intent to defraud, it is immaterial that the building, &c. is in the possession of the offender, (see post, s. 59.) As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. Although the now repealed statute 9 & 10 Vict. c. 25, provided, (s. 15,) that no offences under that act should be tried at quarter sessions, there is no such provision now in force, consequently this offence is triable at quarter sessions. Nevertheless as this is an accidental and not a designed alteration, justices will do right to commit accused persons to the assizes. Injuries to Buildings by Rioters, fyc. 11. If any persons riotously and tumultuously Rioters de- ii« i r>i ii- molishing assembled together to the disturbance ot the public church peace shall unlawfully and with force demolish, or pull down or destroy, or begin to demolish, pull down or destroy any church, chapel, [meeting- house, or other place of divine worship («),] or any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, gra- nary, [shed, hovel or fold,] or any building or erection used in [farming land, or in] carrying on any trade or manufacture or any branch thereof, [or any building other than such as are in this section before mentioned, belonging to the queen, or to any county, riding, division, city, borough, poor law union, parish or place, or belonging to any university, or college or hall of any university, or to any inn of court, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution,] or any ma- chinery, whether fixed or moveable, prepared for or employed in any manufacture or in any branch thereof, or any steam engine or other engine for sinking, working, [ventilating,] or draining any mine, or any staith, building or erection used in 126 24 & 25 Vict. Cap. 97. conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) " Any church or chapel, or any chapel for the religious worship of persons dissenting from the united Church of England and Ireland, duly registered or recorded," 7 & 8 Geo. 4, c. 30, s. 8. Framed on the 7 & 8 Geo. 4, c. 30, s. 8, and see the Irish Acts, 27 Geo. 3, c. 15, s. 5, and 39 & 40 Geo. 3, c. 96, s. 3. As to imprisonment and solitary confinement, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. Rioters in- 12. If any persons, riotously and tumultuously ■ ma- assembled together to the disturbance of the public chinery, &c. inn peace, shall unlawfully and with force injure or damage any such church, chapel, meeting-house, place of divine worship, house, stable, coach-house, out-house, warehouse, office, shop, mill, malthouse, hop-oast, barn, granary, shed, hovel, fold, building, erection, machinery, engine, staith, bridge, waggon- way, or trunk, as is in the last preceding sectiou mentioned, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and aol less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour (b) : [provided that if upon the trial of any person for any felony in the (b) As to imprisonment, sec post, s. 74. Malicious Injuries to Property. 127 last preceding section mentioned the jury shall not be satisfied that such person is guilty thereof, but shall be satisfied that he is guilty of any offence in this section mentioned, then the jury may find him guilty thereof, and he may be punished ac- cordingly.] See the 1 & 2 Will. 4, c. 44, s. 2 (Ireland). This provision is new in England. If this can be treated as an " unlawful combination," the offence cannot be tried at quarter sessions. See 5 & 6 Vict. c. 38. Injuries to Buildings by Tenants. 13. Whosoever, being possessed of any dwelling Tenants of house or other building, or part of any dwelling maliciously house or other building, held for any term of years item™ 6 or other less term, or at will, or held over after the termination of any tenancy, shall unlawfully and maliciously pull down or demolish, or begin to pull down or demolish, the same or any part thereof, or shall unlawfully and maliciously pull down or sever from the freehold any fixture being fixed in or to such dwelling house or building, or part of such dwelling house or building, shall be guilty of a misdemeanor. This section extends to England, and amends the act for Ireland, 9 Geo. 4, c. 56, s. 24. Apparently by some inadvert- ence the punishment is omitted in this instance, and also in sect. 34. As a misdemeanor, it is punishable at common law by fine or imprisonment, or by both, at the discretion of the court. The offence may be tried at quarter sessions. Injuries to Manufactures, Machinery, fyc. 14. Whosoever shall unlawfully and maliciously Destroying goods in pro- CUt, break, or destroy, or damage with intent to cessofmanu- destroy or to render useless, any goods or article of tain ma- silk, woollen, linen, cotton, [hair, mohair, or alpaca,] 123 24 & 25 Yict. Cap. 97. or of any one or more of those materials mixed •with each other or mixed with any other material, or any framework-knitted piece, stocking, hose, or lace, being in the loom or frame, or on any machine or engine, or on the rack or tenters, or in any stage, process, or progress of manufacture, or shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy or to render useless, any warp or shute of silk, woollen, linen, cotton, [hair, mohair, or alpaca,"] or of any one or more of those materials mixed with each other or mixed with any other material, or shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy or render useless, any loom, frame, machine, engine, rack, tackle, [tool,] or implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manu- facturing or preparing any such goods or articles, or shall by force enter into any house, shop, build- ing, or place, with intent to commit any of the offences in this section mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 3, and the cor- responding Irish Act, !) Goo. 4, c. 56, s. 3. As to imprisonment, solitary confinement and whipping, set' post, ss. 7 1', 75. This offence cannot be tried at quarter sessions. Destroying 15. Whosoever shall unlawfully and maliciously Malicious Injuries to Property. 129 cut, break, or destroy, or damage with intent to machines in J . other manu- destroy or to render useless, any machine or engine, f ac tures. -, 1 , i threshins whether fixed or moveable, used or intended to be machines, used for [sowing, reaping, mowing,] thrashing, [ploughing, or draining, or for performing any other agricultural operation,] or any machine or engine, [or any tool or implement,] whether fixed or moveable, prepared for or employed in any manufacture whatsoever (except the manufacture of silk, woollen, linen, cotton, [hair,] mohair, [or alpaca,] goods, or goods of any one or more of those materials mixed with each other or mixed with any other material, or any framework-knitted piece, stocking, hose, or lace), shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 3, c. 30, s. 4, and on the cor- responding Irish Act, 9 Geo. 4, c. 56, s. 4. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. If the offence amount to an "unlawful combination," it cannot be tried at quarter sessions. See 5 & 6 Vict. c. 38. Injuries to Corn, Trees, and vegetable Produc- tions. 16. Whosoever shall unlawfully and maliciously Settingfireto . crops oi corn, set fire to any crop of [hay, grass,] corn, grain, or &c. pulse [or of any cultivated vegetable produce,] whether standing or cut down, or to any part of any wood, coppice, or plantation of trees, or to any 65 130 24 & 25 Vict. Cap. 97. heath, gorse, furze, or fern, wheresoever the same may be growing, shall he guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 17, and on the cor- responding Irish Act, 9 Geo. 4, c. 56, s. 18. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. See 5 & 6 Vict. c. 38. se«wgfireto j^ Whosoever shall unlawfully and maliciously com, &c. set fire to any stack of corn, grain (a), pulse, tares, hay, straw, haulm, stubble, [or of any cultivated vegetable produce,] or of furze, [gorse,] heath, fern, turf, peat, coals, charcoal, wood, [or bark,] or to any steer of wood [or bark], shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two yetirs, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. (a) Flax with the seed in it may be grain. Reg v. Spencer, 1 Dears. & B. 131 ; 26 L. J. (N. S.) M. C. 17. Framed on the 7 Will. 4 & 1 Vict. c. 89, s. 10. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. Malicious Injuries to Property. 131 18. Whosoever shall unlawfully and maliciously fffiffif* by any overt act attempt to set fire to any such anions of matter or thins: fas in either of the last two pre- to any stack ° L .or steer. ceding sections mentioned], under such circum- stances that if the same were thereby set fire to the offender would be, under either of such sections, guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven and not less than three years,— or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on part of the 9 & 10 Vict. c. 25, s. 7. See the note to sect. 8, ante, p. 121. and also the note ante, p. 62. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence is apparently triable'at quarter sessions. See the note to sect. 10, ante, p. 125. 19. Whosoever shall unlawfully and maliciously Destroying , , . . , . hopbinds. cut or otherwise destroy any hopbinds growing on poles in any plantation of hops shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 18, and extended to Ireland. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 7-~>. This offence, unless amounting to an unlawful combina- tion, is triable at quarter sessions. See 5 & 6* Vict. c. 38. 132 24 & 25 Yict. Cap. 97. Destroying or 20. Whosoever shall unlawfully and maliciously damaging J J trees, shrubs, cu t, break, bark, root up, or otherwise destroy or &c. to the > ' ' r ' \ value of more damage the whole or any part of any tree, sapling, than 11. grow- . ing in a plea- or shrub, or any underwood, growing in any park, sure ground, , i t t i &c pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house, (in case the amount of the injury done (a) shall exceed the sum of one pound (a), shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) That is to say, the immediate injury done to the tree, shrub or underwood, and not the consequential damage or costs of replanting. See Reg. v. Whiteman, Dears. C. C. 1 ; 23 L. J. (N. S.) M. C. 120. Framed on part of the 7 & 8 Geo. 4, c. 30, s. 19, and on the corresponding Irish Act, 9 Geo. 4, c. 56, s. 19. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Destroying or 21. Whosoever shall unlawfully and maliciously tree^shrubs, cut, break, bark, root up, or otherwise destroy or value to more damage the whole or any part of any tree, sapling, ingefsefSere or shrub, or any underwood, growing elsewhere p'leTsure 9 tnan m an y park, pleasure ground, garden, orchard, ground, &c. or aven ue, or in any ground adjoining to or belong- ing to any dwelling house, (in case the amount of injury done shall exceed the sum of five pounds (Z>),) shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceed- (&) See note (a) to sect. 20. Malicious Injuries to Property. 133 ing two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the latter part of the 7 & S Geo. 4, c. 30, s. 19, and on the corresponding Irish Act, 9 Geo. 4, c. 56, s. 19. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 7o. This offence can he tried at quarter sessions. 22. Whosoever shall unlawfully and maliciously Damaging trees, where- cut, break, bark, root up, or otherwise destroy or soever grow- - .. ing, to the damage the whole or any part ot any tree, sapling, amount of is, or shrub, or any underwood, wheresoever the same may be growing, the injury done being to the amount of one shilling at the least (a), shall, on conviction thereof before a justice of the peace, [at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour for any term not exceeding three months, or else shall] forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet (b) ; and whosoever, having been Second K ... offence. convicted of any such offence, [either against this or any former act of parliament,] shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall for such second offence be com- mitted to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve months, as the convicting justice shall think fit ; and whosoever, having been twice Third offence. (a) See note (a) to sect. 20. (b) Or the justice may, on a final conviction, discharge the offender on his making satisfaction to the party aggrieved for damages and costs. See post, sect. G6. 134 24 & 25 Yict. Cap. 97, convicted of any such offence (whether both or either of such convictions shall have taken place before or after the passing of this act), shall after- wards commit any of the said offences in this sec- tion before mentioned, shall be guilty of a [misde- meanor], and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 20. By that act. however, the third offence was made a felony, but in committee of the House of Commons on the present bill it was reduced to a misdemeanor. As to the mode of proceeding at the trial on an indictment for the misdemeanor after the two previous convictions, or for the felony under sect. 23, see the 24 & 25 Vict. c. 97, s. 116, ante, p. 114, which, in that respect, applies to any indictment. As to the proof oi the previous conviction, see post, s. 70, and also the notes to s. 112 of the 24 & 25 Vict. c. 96, ante, p. 110. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. An appeal lies to the quarter sessions against a summary conviction under this section if the sum adjudged to be paid exceeds 51., or if the imprisonment exceeds one month, or if the conviction is before one justice only : (see sect. (iS, post :) or either party may appeal to one of the superior courts if dissatisfied with the determination of the justice as being erroneous in point of law : 20 & 21 Vict. c. 43. The third offence can be tried at quarter sessions. As to wilful or malicious injuries to any tree, sapling, shrub or underwood, for which no punishment is provided in either of the three preceding sections, see post, ss. 52, 53. 23. Whosoever shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant, root, fruit or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse or conservatory, shall, on conviction thereof before a justice of the peace, at the discre- tion of the justice, either lie committed to the common gaol or house of correction, there to be Malicious Injuries to Property. 135 imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money nor exceeding twenty pounds, as to the jus- lice shall seem meet (a); and whosoever, having Second v ' . offence. been convicted of any such offence, [either against ili is or any former act of parliament,] shall after- wards commit any of the said offences in this sec- tion before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. (a) Or the justice may, on a final conviction, discharge the offender on his making satisfaction to the party aggrieved for damages and costs. See sect. 66, post. Framed on the 7 & 8 Geo. 4, c. 30, s. 21. As to the mode of proceeding at the trial for the second offence, see the note to the last section. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. An appeal lies to the quarter sessions against a summary conviction under this section if the sum adjudged to be paid exceeds 5/., or if the imprisonment exceeds one month, or if the conviction is before one justice only : (see sect. 68, post :) or either party may appeal to one of the superior courts if dissatisfied with the determination of the justice as being erroneous in point of law : 20 & 21 Vict. c. 43. The second offence is triable at quarter sessions. 24. Whosoever shall unlawfully and maliciously Destrojing, &c. vegetable destrov, or damage with intent to destroy, any cul- produ. , -, n i /> t p not growing tivated root or plant used for the food of man or in garden;., beast, or for medicine, or for distilling, or for dye- ing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not be- 136 24 & 25 Vict. Cap. 97. Second offence. ing a garden, orchard or nursery ground, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding one month, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty shillings as to the justice shall seem meet, and in default of payment thereof, together with the costs, if ordered, shall be com- mitted as aforesaid for any term not exceeding one month, unless payment be sooner made («) ; and whosoever, having been convicted of any such of- fence [either against this or any former act of par- liament,] shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be com- mitted to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding six months as the convicting justice shall think fit. (a) Or the justice may, on a first conviction, discharge the offender on his making satisfaction to the party aggrieved for damages and costs. See sect. 66, post. Framed on the 7 & 8 Geo. 4, c. 30, s. 22. An appeal to the quarter sessions lies against a conviction under this section if the sum adjudged to be paid exceeds 51., or if the imprisonment exceeds one month, or if the convic- tion is before one justice only, (see sect. 68, post,) or either party may appeal to one of the superior courts if dissatisfied with the determination of the justice as being erroneous in point of law : 20 & 21 Vict. c. 43. Injuries to Fences. Destroying, 25 # Whosoever shall unlawfully and maliciously &c. any J . J fence, wall, cut, break, throw down or in anywise destroy any fence of any description whatsoever, or any wall, Malicious Injuries to Property. 137 stile or gate, or any part thereof respectively, shall, on conviction thereof before a justice of the peace, for the iirst offence forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding five pounds as to the justice shall seem meet (a) ; and whosoever having been con- Second i /. irt> r-i • i- offence. victed oi any such ottence, [cither against this or any former act of parliament,] shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit. («) Or the justices may, on a first conviction, discharge the offender on his making satisfaction to the party aggrieved for damages and costs. See sect. 66, post. Framed on the 7 & 8 Geo. 4, c. 30, s. 23. An appeal lies to the quarter sessions against a conviction under this section if the sum adjudged to be paid exceeds 5/ , or if the imprisonment exceeds one month, or if the convic- tion is by one justice only, (see sect. 68, post,) or either party- may appeal to one of the superior courts if dissatisfied with the determination of the justice as being erroneous in point of law: 20 & 21 Vict. c. 43. Injuries to Mines. 26. Whosoever shall unlawfully and maliciously Setting fire to set fire to any mine of coal, cannel coal, [anthracite or other mineral fuel,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 Will. 4 & 1 Vict. c. 89, s. 9. If the act a coai mine. 138 24 & 25 Vict. Cap. 97. be done with intent to defraud, it is immaterial that the mine is in the possession of the offender, see sect. 59, post. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. Attempting to set fire to a mine. 27. Whosoever shall unlawfully and maliciously by any overt act attempt to set fire to any mine, under such circumstances that if the mine were thereby set fire to, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less thau three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 9 & 10 Vict. c. 25, part of sect. 7 (see the note to sect. 8, ante, p. 123). If the overt act be done with intent to defraud, it is immaterial that the mine is in the possession of the offender. See post, sect. 59. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can, it seems, now be tried at quarter ses- sions. See the note to sect. 10, ante, p. 124. Conveying water into a mine, ob- structing the shaft, &c. 28. Whosoever shall unlawfully and maliciously cause any water to be conveyed [or run] into any mine, or into any subterraneous passage communi- cating therewith, with intent thereby to destroy or damage such mine, or to hinder or delay the work- ing thereof, or shall with the like intent unlaw- fully and maliciously pull down, fill up or obstruct, [or damage with intent to destroy, obstruct, or render useless,] any airway, waterway, drain, pit, level or shaft of or belonging to any mine, shall be guilty of felony, and being convicted thereof Malicious Injuries to Property. 139 shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without, hard labour, and with or without solitary confinement, and, if a male under the aire of sixteen years, with or without whipping (a) : provided that this provision shall not extend to any damage committed underground by any owner of any adjoining mine in working the same, or by any person duly employed in such working. (a) As to imprisonment, solitary confinement and whip- ping, see post, ss. 74, 75. Framed on the 7 & 8 Geo. 4, c. 30, s. 6, and the corre- sponing Irish Act, 9 Geo. 4, c. 56, s. 7. If the act be done with intent to defraud, it is immaterial that the mine is in the possession of the offender. See post, sect. 59. This offence can be tried at quarter sessions. 29. Whosoever shall unlawfully and maliciously Damaging ... steam en- pull dowu or destroy, or damage with intent to gines, , n . . staiths, wag- destroy or render useless, any steam engine or g 0n ways, &c. other engine for sinking, draining, [ventilating,] or Minis' working, or for in anywise assisting in [sinking, draining, ventilating or] working any mine or any appliance or apparatus in connexion with any such steam or other engine, or any staith, building or erection used in conducting the business of any mine or any bridge, waggonway, or trunk for con- veying minerals from any mine, whether such en- gine, staith, building, erection, bridge, waggonway or trunk be completed or in an unfinished state, or shall unlawfully and maliciously stop, obstruct or hinder the working of any such steam or other en- gine, or of any such appliance or apparatus as aforesaid, with intent thereby to destroy or damage any mine, or to hinder, obstruct or delay the 140 24 & 2.3 Vict. Cap. 97. working thereof, [or shall unlawfully and mali- ciously wholly or partially cut through, sever, break or unfasten or damage, with intent to de- stroy or render useless, any rope, chain or tackle of whatsoever material the same shall be made, used in any mine, or in or upon any inclined plane, railway or other way, or other work whatsoever, in anywise belonging or appertaining to or con- nected with or employed in any mine or the work- ing or business thereof,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 7, and the corre- sponding Irish Act, 9 Geo. 4, c. 56, s. 8, and also on the 23 & 24 Vict. c. 29, s. 1. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Injuries to Sea and River Banhs, and to TJ'orks on Rivers, Canals, SfC. Destroying 30. "Whosoever shall unlawfully and maliciously any sea bank . J or Vail on break down or cut down [or otherwise damage or any canal. destroy] any sea bank or sea wall, or the bank, [dam,] or wall of [or belonging to] any river, canal, [drain, reservoir, pool,] or marsh, whereby any land [or building] shall be [or shall be in danger of being] overflowed or damaged, or shall unlawfully and maliciously throw [break or cut] down, level, [undermine,] or otherwise destroy, Malicious Injuries to Property. 141 any [quay, wharf, jetty,] leek, sluice, floodgate, [weir, tunnel, towing-path, drain, watercourse,] or other work [belonging to any port, harbour, dock or reservoir, or] on [or belonging to] any navigable river or canal, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 7 & 8 Geo. 4, c. 30, part of sect. 12, and the corresponding section of the Irish Act, 9 Geo. 4, c. 56, s. 12. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. 31. Whosoever shall unlawfully and maliciously Removing cut off, draw up, or remove any piles, chalk or anyseabank, other materials fixed in the ground, and used for anydamage securing auy sea bank or sea wall, or the bank, thenaviga- [dani,] or wall of any river, canal, [drain, aque- rlverorcanai. duct,] marsh, [reservoir, pool, port, harbour, dock, quay, wharf, jetty or lock,] or shall unlawfully and maliciously open or draw up auy floodgate [or sluice,] or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing or maintaining the navigation thereof, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, 142 24 & 25 Vict. Cap. 97. and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 7 & 8 Geo. 4, c. 30, part of sect. 12, and the corresponding section of the Irish Act, 9 Geo. 4, c. 56, s. 12. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Breaking down the dam of a fishery, &c. or mill dam, or poisoning fish. Injuries to Ponds. 32. Whosoever shall unlawfully and maliciously [cut through,] break down or otherwise destroy the dam, [floodgate or sluice] of any fish pond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish [that may then be or that may thereafter be put] there- in, or shall unlawfully and maliciously cut through, break down, or otherwise destroy the dam [or floodgate] of any millpond, [reservoir or pool,] shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 15, and the corre- sponding section of the Irish Act, 9 Geo. 4, c. 56', s. 16. See Malicious Injuries to Property. 143 also the " Irish Fisheries Acts," 5 & 6 Vict. c. 100', s. 80, and 13 & 14 Vict. c. SS, s. 36. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Injuries to Bridges, Mad nets and Toll Bars. 33. Whosoever shall unlawfully and maliciously l ^? i0 * pull [or throw] down or iu anywise destroy auy bridge. bridge (a) [(whether over auy stream of water or not), or any viaduct or aqueduct, over or under which bridge, viaduct or aqueduct any highway, railway or canal shall pass], or do any injury with intent and so as thereby to render such bridge, [viaduct or aqueduct, or the highway, railway or canal passing over or under the same,] or any part thereof, dangerous or impassable, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. («) "Any public bridge," 7 & 8 Geo. 4, c. 30, s. 13 (re- pealed). Framed on the 7 & 8 Geo. 4, c. 30, s. 13, and the corre- sponding section of the Act tor Ireland, 9 Geo. 4, c. 56, S. 1:5. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This oftence cannot be tried at quarter sessions. house, &c. 34. Whosoever shall unlawfully and maliciously Destroying a turnpike throw down, Level or otherwise destroy, in whole or gate, toil in part, any turnpike gate [or toll bar], or any wall, chain, rail, post, bar or other fence belonging to any turnpike gate [or toll bar, or] set up or erected to prevent passengers passing by without paying 144 24 & 25 Vict. Cap. 97. any toll directed to be paid by any act of parlia- ment relating thereto, or any house, building or weighing engine erected for the better collection, ascertainment or security of any such toll, shall be guilty of a misdemeanor. Framed on the 7 & 8 Geo. 4, c. 30, s. 14, and the corre- sponding; section of the Irish Act, Geo. 4, c. 56, s. 15. And see the Act 14 & 15 Vict. c. 92 (Ireland), s. 9 (unrepealed). No punishment is awarded. As a misdemeanor it is pu- nishable at common law, by fine or imprisonment, or by both ; and is triable at quarter sessions unless tbe offence amount to an unlawful combination. Injuries to Railway Carriages and Telegraphs. Placing 35. Whosoever shall unlawfully (f?) and mali- vvood, &c. on . . t ,, railway with ciously put, place, cast or throw upon or across any struct or ° " railway any wood, stone or other matter or thing, or an^englne, shall unlawfully (a) and maliciously take up, re- &c- move or displace any rail, sleeper or other matter or thing belonging to any railway, or shall unlaw- fully (a) and maliciously turn, move or divert any points or other machinery belonging to any rail- way, or shall unlawfully (a) and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall unlawfully («) and maliciously do or cause to be done any other mat- ter or thing, with intent, in any of the cases afore- said, to obstruct, upset, overthrow, injure or de- stroy any engine, tender, carriage or truck using such railway (b), shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a 'a) The 14 & 15 Vict. c. 19, s. 16, uses the words "wil- fully and maliciously." (6) " Or to endanger the safety of any person travelling or being upon such railway," 14 & 15 Vict. c. 19, s. 6. Malicious Injuries to Property. 145 male under the age of sixteen, with or without whipping. Framed on the 14 & 15 Vict. c. 19, s. 6. See the 24 & 25 Vict. c. 100, ss. 32, 33 and 34, post, as to offences against the person, the provisions of the former Acts, 3 & 4 Vict. c. 97, and 14 & 15 Vict. c. 19, having been now split up to meet the separate classification of malicious injuries to property, and offences against the person. As to imprisonment and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. 36. Whosoever by any [unlawful] act, [or by any obstructing wilful omission or neglect] shall obstruct [or cause carriages on ,-, . . • railways. to be obstructed] any engine or carriage using any railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be im- prisoned for any term not exceeding two years, with or without hard labour. Framed on the 3 & 4 Vict. c. 97, s. 15. See the 24 & 25 Vict. c. 100, s. 34, post, and note ; and the notes to the last section, and also s. 13 (unrepealed) of the 3 & 4 Vict. c. 97, as to the punishment of servants of railway companies guilty of misconduct. As to imprisonment, see post, s. 74. This offence can be tried at quarter sessions. 37. [Whosoever shall unlawfully and maliciously injuries to cut, break, throw down, destroy, injure or remove magnetic . i telegraphs. any battery, machinery, wire, cable, post or other matter or thing whatsoever, being part of or being used or employed in or about any electric or mag- netic telegraph, or in the working thereof, or shall unlawfully and maliciously prevent or obstruct in any manner whatsoever the sending, conveyance or delivery of any communication by any such telegraph, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the dis- cretion of the court, to be imprisoned for any term not exceeding two years, with or without hard H 146 24 & 2-5 Vict. Cai\ 97. labour (a) : provided that if it shall appeal" to any justice, on the examination of any person charged ■with any offence against this section, that it is not expedient to the ends of justice that the same should be prosecuted by indictment, the justice may proceed summarily to hear and determine the same, and the offender shall, on conviction thereof, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding three months, or else shall forfeit and pay such sum of money not exceeding ten pounds as to the justice shall seem meet.] (a) See post, s. 74. These offences can be tried at quarter sessions. The ac- cused cannot insist on being tried by a jury as he can under the summary jurisdiction in larceny acts. Attempt to 38. [Whosoever shall unlawfully and maliciously, injure such , , telegraphs. by any overt act, attempt to commit any of the offences in the last preceding section mentioned, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correc- tion, there to be imprisoned only, or to be im- prisoned and kept to hard labour, for any term not exceeding three months, or else shall forfeit and pay such sum of money not exceeding ten pounds as to the justice shall seem meet.] The two preceding sections are new. As a specific sum- mary mode of proceeding is given for the attempt, it is doubtful whether the accused could be convicted of the at- tempt on an indictment under s. 37 for the misdemeanor. See the note, ante, p. 62. An appeal lies to the quarter sessions against a conviction under s. 38, or against a summary conviction under s. 37, if the sum adjudged to be paid exceeds 5/., or if the imprison- Malicious Injuries to Property. 147 ment exceeds one month, or if the conviction is before one justice only, (see s. 68, post,) or either party may appeal to one of the superior comts if dissatisfied with the determination of the justice as being erroneous in point of law (20 & 21 Vict. c. 43). The justice may, however, discharge the offender on his making satisfaction to the party aggrieved (see s. 66, post.) Injuries to Works of Art. 39. Whosoever shall unlawfully and maliciously Destroying . or damaging destroy or damage any [book, manuscript, picture, works of art . .... in museums, print, statue, bust, or vase, or any other article orj churches, thing kept for the purposes of art, science, or lite- pu biic places, rature, or as an object of curiosity, in any museum, gallery, cabinet, library, or other repository, which museum, gallery, cabinet, library, or other reposi- tory is either at all times or from time to time open for the admission of the public or of any consider- able number of persons to view the same, either by the permission of the proprietor thereof or by the payment of money before entering the same, or any picture, statue, monument, or [other memorial of the dead,] painted glass, [or other ornament or work of art,] in any church, chapel, meeting house, or other place of divine (a) worship, [or in any building belonging to the queen, or to any county, riding, division, city, borough, poor law union, parish, or place, or to any university, or college or hall of any university or to any inn of court,] or in any street, square, [churchyard, burial ground, public garden or ground,] or any statue or monu- ment exposed to public view, or any ornament, railing, or fence surrounding such statue or monu- ment, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding six months, with or without hard labour, and if a male under the age (a) " Religious," 8 & 9 Vict. c. 44, s. 1. h2 148 24 & 25 Vict. Cap. 97. of sixteen years, with or without whipping ; pro- vided that nothing herein contained shall be deemed to affect the right of any person to recover, by action at law, damages for the injury so committed. Framed on the 8 & 9 Vict. c. 44, ss. 1, 4, and 17 & 18 Vict. c. 33, s. 6. As to imprisonment and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Some of the additional words in the section were intro- duced to include all monuments and other memorials of the dead. The following very judicious observations are taken from an article from the pen of C. S. Greaves, Esq., Q.C., in " Notes and Queries," 2nd series, vol. xii. p. 130 : — " With regard to the word ' unlawfully' in this clause, it is well to observe that no one, whoever he may be, can lawfully alter or deface any monument which has been lawfully erected. Lord Coke (3 Inst. 202), speaking of 'tombs, sepulchres or monuments in a church, chancel or churchyard,' says, in general terms, and without any limitation whatever, that ' the defacing of them is punishable by the common law,' as appears by Lady Wyche's Case, 9 Edw. 4, 14a; and he adds, ' and so it was agreed by the whole court in Corven's Case,' 12 Co. Rep. 104. It is clear, then, that any person who defaces or de- stroys a monument is guilty of an unlawful act, and will have done that act ' unlawfully' within the meaning of this clause. " Then as to the word ' maliciously' the 58th section of the Act provides that that word shall apply to every offence, whe- ther it be committed from malice conceived against the owner of the property or otherwise. Now malice, in its legal sense, denotes any wrongful act done intentionally, without just cause or excuse ; and in this respect differs from its ordinary acceptation. Any wilful destruction or defacing of a monu- ment, therefore, seems plainly to come within this clause ; unless, indeed, some just cause or excuse can be assigned for it." Injuries to Cattle and other Animals. Killing or 40. Whosoever shall unlawfully and maliciously c'at'ii-." 1 " kill, maim, or wound any cattle shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years,— or to be imprisoned for any term not exceeding two years, with or without Malicious Injuries to Pbopektt. 149 hard labour, ami with or without solitary confine- ment. Framed on the 7 & 8 Geo. 4, c. 30, s. 16, and the corre- sponding section of the Irish Act, 9 Geo. 4, c. 56, s. 17. As to imprisonment and solitary confinement, see post, ss. 74, 75. This offence can be tried at quarter sessions. 41. Whosoever shall unlawfully and maliciously Killing or kill, maim, or wound any dog, bird, beast, or other other' E animal, not being cattle, but being either the sub- amma s ject of larceny at common law, or being ordinarily kept in a state of confinement, or for any domestic purpose, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of cor- rection, there to be imprisoned only, or to be im- prisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the amount of injury done, such sum of money not exceeding twenty pounds as to the justice shall seem meet (a); and whosoever, Second having been convicted of any such offence, shall afterwards commit any of the said offences in tliis section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit. (a) Or the justice may, on a first conviction, discharge the offender on his making satisfaction to the party aggrieved, see post, s. 66. Framed from the 7 & 8 Geo. 4, c. 29, s. 31, relating to the larceny of such animals. See 24 & 25 Vict. c. 96, s. 21, ante, p. 36. An appeal lies to the quarter sessions if the sum adjudged to be paid exceeds 51, or if the imprisonment exceeds one month, or if the conviction is before one justice only, see s. 68, post. 150 24 & 25 Vict. Cap. 97. setting fire 42. Whosoever shall unlawfully and maliciously to a ship (a). J J set fire to, [cast away,] or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) The heading, " Injuries to Ships," inserted in the bill, is evidently accidentally omitted from the Act, as printed. Framed on the 7 Will. 4 & 1 Vict. c. 89, part of s. 6. If the act be done with intent to defraud, it is immaterial that the ship or vessel is in the possession of the offender, see post, s. 59. The 12 Geo. 3, c. 24, which makes it a capital felony to burn the queen's ships of war, is still unrepealed. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. Setting fire 43, Whosoever shall unlawfully and maliciously to ships to . . prejudice the set fire to, or cast away, or in anywise destroy any owner or .... , under- ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that has underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a nude under the age of sixteen years, with or without whipping. Malicious Injuries to Property. 151 Framed on the 7 Will. 4 & 1 Vict. c. 89, part of s. 6. As to imprisonment, solitary confinement and whipping, see post, ss, 74, 75. This offence cannot be tried at quarter sessions. 44. Whosoever shall unlawfully and maliciously, Attempting - 1 to set lire to by any overt act, attempt to set fire to, cast away, a vessel. or destroy any ship or vessel, under such circum- stances that if the ship or vessel were thereby set fire to, cast away, or destroyed, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the analogous provision of the 9 & 10 Vict. c. 25, s. 7, respecting attempts to set fire to buildings, see ante, s. 8, and note. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. If the act be done with intent to defraud, it is immaterial that the ship or vessel is in the possession of the offender, see post, s. 59. This offence can be tried at quarter sessions. 45. Whosoever shall unlawfully and maliciously Placing gun- powdi place or throw in, into, upon, against, or near any a vessel with , . , t ,i i • intent to ship or vessel any gunpowder or other explosive damage it. substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explo- sion take place, and whether or not any injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term 152 24 & 25 Vict. Cap. 97. not exceeding fourteen and not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 9 & 10 Vict. c. 25, s. 6. See the notes to s. 10, ante, p. 125. As to imprisonment, solitary confinement, and whipping, see post, ss. 74, 75. This offence can now be tried at quarter sessions, but see the note to s. 10, ante, p. 125. Damaging 43, Whosoever shall unlawfully and maliciously ships other- J - 1 wise than by damage, otherwise than by fire, [gunpowder, or other explosive substance,] any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same or render the same use- less, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 7 & 8 Geo. 4, c. 30, s. 10, and on the cor- responding section of the Irish Act, 9 Geo. 4, c. 56, s. 10. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence can be tried at quarter sessions. Exhibiting 47. Whosoever shall [unlawfully mask, alter, or frtise signals, remove an y light or signal, or] unlawfully exhibit any false light or signal, with intent to bring any ship, vessel, [or boat,] into danger, or shall unlaw- fully and maliciously do anything tending to the Malicious Injuries to Property. 1o3 immediate loss or destruction of any ship, vessel (a), [or boat, and for which no punishment is herein- before provided,] shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. (a) " In distress," 7 Will. 4 & 1 Vict. c. 89, s. 5. Framed on the 7 Will. 4 & 1 Vict. c. 89, s. 5. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. This offence cannot be tried at quarter sessions. emnvm; or 48. Whosoever shall unlawfully and maliciously Bei cut away, cast adrift, remove, alter, deface, sink, or buoys^i"! destroy, or shall unlawfully and maliciously do any ^j^ g s # ea act with intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in any other manner unlawfully and maliciously injure or con- ceal any boat, buoy, buoy rope, perch, or mark used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi- tude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. This is a re-enactment and amendment of s. 28 of the un- repealed act 9 & 10 Vict. c. 99 (consolidating and amending tlie laws relating to wreck and salvage). See also the 17 & 18 Vict. c. 104 (Merchant Shipping Act, 1854), s. 414. h5 154 24 & 25 Vict. Cap. 97. Destroying wrecks or any articles belonging thereto. As to imprisonment, solitary confinement and whipping, see post, ss. 74, 75. 49. Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall he in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 Will. 4 & 1 Vict. c. S9, s. 8. As to imprisonment and solitary confinement, see post, ss. 74, 75. This offence can be tried at quarter sessions. Sending Letters threatening to burn or destroy. sending 50. Whosoever shall send, deliver, or utter, or letters threat- . . ' ening tobum directly or indirectly cause to be received, knowing or destroy J * ... houses, the contents thereof, any letter or writing threaten- ships, Ic! ing to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, [or any grain, hay, or straw, or other agricultural produce in or under any building, or any ship or vessel, or to kill, maim, or wound any cattle,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or with- out hard labour, and with or without solitary con- Malicious Injuries to Property. 155 finement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 10 & 1 1 Vict. c. 66, s. 1 . See also the 4 Geo. ^^imprisonment, solitary confinement ami whipping, ^hl^flenceh" now triable at quarter sessions , but, as this is probably an accidental and not an intenttona conse- quence P of 'an "iteration of punishment, justtces should com- mit to the assizes. Injuries not before provided for. 51 [Whosoever shall unlawfully and maliciously J««J^ commit any damage, injury, or spoil to or upon any nj™ igu- real or personal property whatsoever, either of a J-ggjfJ public or private nature, for which no punishment ^amount is hereinbefore provided, the damage, injury, or spoil being to an amount exceeding five pounds, shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be imprisoned for any term not ex- ceeding two years, with or without hard labour ; and in case any such offence shall be committed between the hours of nine of the clock in the evening and six of the clock in the next morning, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding five years and not less than three, or to be im- prisoned for any term not exceeding two years, with or without hard labour.] This provision is new. As to imprisonment, see post, s. 74. This offence is triable at quarter sessions. 52. Whosoever shall wilfully or maliciously com- Pe~ com- mit any damage, injury, or spoil to or upon any age^any^ real or personal property whatsoever, either of a any case not *^ 1 r x •" -it previously public or private nature, for which no punishment provide<1 for, is hereinbefore provided, shall, on conviction thereof " 156 24 & 25 Vict. Cap. 97. mitted or before a justice of the peace, [at the discretion of compelled by the justice, either be committed to the common pay compen- gaol or house of correction, there to be imprisoned exceeding 5^. on tyi or to De imprisoned and kept to hard labour for any term not exceeding two months, or else] shall forfeit and pay such sum of money not ex- ceeding five pounds as to the justice shall seem meet, and also such further sum of money as shall appear to the justice to be a reasonable compensa- tion for the damage, injury, or spoil so committed, not exceeding the sum of five pounds ; which last- mentioned sum of money shall, in the case of private Application property, be paid to the party aggrieved (a) ; and awarded. in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in the same manner as every penalty im- posed by a justice of the peace under this act; and if such sums of money, together with costs (if ordered), shall not be paid either immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour as the justice shall think fit, for any term not ex- ceeding two months, unless such sums and costs be Not to ex- sooner paid: provided that nothing herein con- tend to cer- .Tin i i i tain cases tamed shall extend to any case where the party named. acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, com- mitted in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punish- (a) Or the justice may discharge the offender on making satisfaction to the party aggrieved, see post, s. 66. Malicious Injuries to Property. 157 able in the same manner as if this act had not passed. Framed on the 7 & 8 Geo. 4, c. 30, s. 24, and on the Irish Act, 14 & 15 Vict. c. 92, s. 3. See also the following section, infra. An appeal lies to the quarter sessions against a con- viction under this section, where the sum adjudged to be paid exceeds 51., or the imprisonment exceeds one month, or the conviction is before one justice only, (see s. 68, post ;) or either party may appeal to one of the superior courts if dissatisfied with the "determination of the justice, as being erroneous in point of law : 20 $ 21 Vict. c. 43. 53. [The provisions in the last preceding section j£f t "*^s contained shall extend to any person who shall extend to wilfully or maliciously commit any injury to any tree, sapling, shrub, or underwood, for which no punishment is hereinbefore provided.] This provision is new. Making Gunpowder to commit Offences, and searching for the same. 54. Whosoever shall make or manufacture, or Making or having gun- knowingly have in his possession, any gunpowder powder, &c. ° J r j with intent ' or other explosive substance, or any dangerous or to commit , . • . any felony noxious thing, or any machine, engine, instrument, against this or thing, with intent thereby or by means thereof * to commit, or for the purpose of enabling any other person to commit, any of the felonies in this act mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the dis- cretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. This section is framed on and extends the 9 & 10 Vict. c. 25, s. 8. As to imprisonment, solitary confinement, and whipping, see post, ss. 74, 75. This offence is now triable at quarter sessions. See the note to s. 10, ante, p. 125. 158 24 & 25 Vict. Cap. 97. Justices may 55. Any iustice of the peace of any county or issue war rants for place in which [any machine, engine, implement or searching _. . . houses, &c. thing, orj any gunpowder or other explosive, powder' &c?" dangerous, or noxious substance, is suspected to be made, kept or carried for the purpose of being used in committing [any of the felonies in this act mentioned,] upon reasonable cause assigned upon oath by any person, may issue a warrant under his hand and seal for searching in the daytime any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned ; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining every such machine, engine, imple- ment, and thing, and all such gunpowder, explosive, dangerous, or noxious substances found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by the act passed in a session holden in the twenty-third and twenty- fourth years of the reign of her present majesty, chapter one hundred and thirty-nine, intituled "An Act to amend the Law concerning the making, keeping, and Carriage of Gunpowder and Compo- sitions of an explosive Nature, and concerning the Manufacture, Sale, and Use of Fireworks." Framed on and extending the 9 & 10 Vict. c. 25, s. 12. Malicious Injuries to Property. 159 Other Matters. 56. In the ease of every felony punishable under Principals in the second this act, every principal in the second degree (a), degree and and every accessory before the fact, shall be pun- Ab ishable in the same manner as the principal in the misdemean- r r ors. first degree is by this act punishable ; and every accessory after the fact to any felony punishable under this act shall on conviction be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment (b) ; and every person who shall aid, abet, counsel, or procure the commission of any misde- meanor punishable under this act shall be liable to be proceeded against, indicted, and punished as a principal offender. (a) See the note to s. 98 of the 24 & 25 Vict. c. 96, ante, p. 98. (6) As to imprisonment and solitary confinement, see post, ss. 74, 75. See the Accessories and Abettors Act, 24 & 25 Vict. c. 94, ss. 1, 2, 4, 8, and notes to those sections, (ante, pp. 1 — 5,) from which it will be seen that this section, except as regards soli- tary confinement, is merged in the more general provisions of that act. 57. Any constable or peace officer may take into A person custody, without warrant, any person whom he nlght^and shall find lying or loitering in any highway, yard any^^rfy^ or other place during the night (c), and whom he ^f maVbl S shall have good cause to suspect of having com- a PP reIltIuled - mitted or being about to commit any felony against this act, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law. (c) There is no definition of " night " in this act, as there is in cap. 96. See the note to s. 52 of the 24 & 25 Vict. c. 2o, ante, p. 59. 160 24 & 25 Vict. Cap. 97. Taken from the 9 & 10 Vict. c. 25, s. 13. See s. 61, post, and the 14 & 15 Vict. c. 19, s. 11 (unrepealed), in the note to s. 104 of the 24 & 25 Vict. c. 96, ante, p. 104. Malice 58. Every punishment and forfeiture by this act ow^erofpro- imposed on any person maliciously committing any cessary."" 6 offence, whether the same be punishable upon in- dictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be com- mitted or otherwise. Framed on the 7 & 8 Geo. 4, c. 30, s. 25, and the corre- sponding provisions of the Irish Act, 9 Geo. 4, c. 56, s. 32. See also the 8 & 9 Vict. c. 44, s. 2. Provisions of 59. [Every provision of this act not hereinbe- appiy C to S pe a r- fore so applied shall apply to every person who, session of 8 * with intent to injure or defraud any other person, in e U red Perty sna ^ ^o an Y °^ ^ e acts hereinbefore made penal, although the offender shall be in possession of the property against or in respect of which such act shall be done.] This provision is new. The following clause was intro- duced into the bill and passed the L rds in 1860, but was struck out by the committee of the House of Commons: — " Every provision of this act not hereinbefore so applied, shall apply to every person being a part owner, joint owner, or the wife of an owner, part owner, or joint owner, who with intent to injure or defraud any owner, part owner, joint owner, or other person, shall do any of the acts hereinbefore made penal against or in respect of any property of which the offender or the husband of the offender shall be owner, part owner, or joint owner." intent tn in- gQ. It shall be sufficient in any indictment for jure or de- * fraud par- anv offence against this act, where it shall be neces- ticular per- J ° . . sons need not sary to allege an intent to injure or defraud, to be stated in , ,., , . , . any indict- allege that the party accused did the act with intent to injure or defraud (as the case may be), without Malicious Injuries to Property. 161 alleging an intent to injure or defraud any particu- lar person ; and on the trial of any such offence it shall not he necessary to prove an intent to injure or defraud any particular person, but it shall he sufficient to prove that the party accused did the act charged with an intent to injure or defraud (as the case may be). Framed on a corresponding section in the 14 & 15 Vict. c. 100, s. 8 (now repealed). 61. Anv person found committing any offence Persons in J r •ill tlie act "^ against this act, whether the same be punishable commuting ° . . any offence upon indictment or upon summary conviction, may may be ap- iii-i a.1 preheniled be immediately apprehended, without a warrant, by without a any peace officer, or the owner of the property in- warran • jured, or his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. Framed on the 7 & 8 Geo. 4, c. 30. s. 28, and the corre- sponding provison of the Irish Act, 9 Geo. 4, c. 5b', s. 35. 62. Where any person shall be charged on the Modeofcom- i • n , i pelling the oath of a credible witness before any justice of the appearance peace with any offence punishable on summary con- punishable viction under this act, the justice may summon the convlctiraf 3 ' person charged to appear at a time and place to be named in such summons ; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person by delivering the same to him personally, or by leaving the same at his usual place of abode), the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other justice of the peace ; or the justice before whom the charge 162 24 & 25 Vict. Cap. 97. shall be made may (if he shall so think fit), with- out any previous summons (unless where otherwise specially directed), issue such warrant ; and the justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case. Framed on the 7 & 8 Geo. 4, c. 30, s. 30. See also the 11 & 12 Vict. c. 43, and the Irish Act, 14 & 15 Vict. c. 93 (both unrepealed), and post, s. 76". Abettors in 53 Whosoever shall aid, abet, counsel or procure offences pun- x ishaoie on the commission of any offence which is by this act summary . , conviction, punishable on summary conviction, either for every time of its commission, or for tbe first and second time only, or for the first time only, shall, on con- viction before a justice of the peace, be liable, for every first, second or subsequent offence of aiding, abetting, counselling or procuring, to the same for- feiture and punishment to which a person guilty of a first, second or subsequent offence as a principal offender is by this act made liable. Framed on the 7 & 8 Geo. 4, c. 30, s. 31. Application 64. Every sum of money which shall be forfeited of forfeitures _ „ . . . tut t and penalties tor the amount ot any injury done shall he assessed mary convic- in each case by the convicting justice, and shall be paid to the party aggrieved, except where he is unknown, and in that case such sum shall be ap- plied in the same manner as a penalty ; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such amount or otherwise, shall be paid and applied in the same manner as other penalties recoverable be- fore justices of the peace are to he paid and applied in cases where the statute imposing the same con- tains no directions for the payment thereof to any Malicious Injuries to Property. 163 person : (a) provided that where several persons Proviso 1 v / i where several shall join in the commission of the same offence, persona join and shall, upon conviction thereof, each be adjudged s i on of same to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than such value or amount ; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a justice of the peace is hereinbefore directed to be applied. (a) That is to say, the penalty is to be paid to the clerk to the justices, who is to pay the same to the treasurer of the county, riding, division, liberty, city, borough or place for which the justice has acted, 11 & 12 Vict. c. 43, s. 31. Framed on the 7 & 8 Geo. 4, c. 30, s. 32. See also the IS & 19 Vict. c. 12(i, s. 22, and the Irish Act, 14 & 15 Vict. c. 93, s. 22 (both unrepealed), and also the 11 & 12 Vict. c. 43, s. 31 (unrepealed). 65. In every case of a summary conviction under if a person J summarily this act, where* the sum which shall be forfeited for convicted . , . , i n shall not pay, the amount of the injury done, or which shall be &c, the jus- imposed as a penalty by the justice, shall not be commit him. paid, either immediately after the conviction, or within such period as the justice shall, at the time of the conviction, appoint, the convicting justice (unless where otherwise specially directed) may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not ex- ceeding two months, where the amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be,) together with the costs, shall not exceed five pounds ; and for any term not exceed- ing four months where the amount, with costs, shall not exceed ten pounds ; and for any term not exceeding six months in any other case ; the 164 24 & 25 Vict. Cap. 97. The justice may dis- charge the offender in certain cases. commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. Framed on the 7 & 8 Geo. 4, c. 30, s. 33. See also the Irish Act, 14 & 15 Vict. c. 93, s. 22. 66. Where any person shall be summarily con- victed before a justice of the peace of any offence against this act, and it shall be a first conviction, the justice may, if he shall so think fit, discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice. Framed on the 7 & 8 Geo. 4, c. 30, s. 39, and the Irish Act, 14 & 15 Vict. c. 93, s. 21. a summary 67. When any person convicted of any offence conviction J shall be a bar punishable upon summary conviction by virtue of to any other i n i • -> tit proceeding this act shall have paid the sum adjudged to be for the same . , . . . , . ... cause. paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or the lord lieutenant or other chief governor of Ireland, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprison- ment awarded in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause. Framed on the 7 & 8 Geo. 4, c. 30, s. 36. Appeal. 68. In all cases where the sum adjudged to be paid on any summary conviction shall exceed five pounds (a), or the imprisonment adjudged shall (a) That is to say, the penalty and value of the thing in question, where the value is included in the sum adjudged to be paid. Malicious Injuries to Property. 165 exceed one month, or the conviction shall take place before one justice only, any person who shall think himself aggrieved by any such conviction may appeal to the next court of general or quarter sessions which shall be holden not less than twelve days after the day of such conviction, for the county or place wherein the cause of complaint shall have arisen ; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or shall enter into a recognizance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded ; [or if such appeal shall be against any conviction whereby only a penalty or sum of money shall be adjudged to be paid, shall deposit with the clerk of the convicting justice such a sum of money as such justice shall deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction and the costs of the appeal ;] and upon such notice being given, and such recognizance being entered into, [or such de- posit being made, ] the justice before whom such recognizance shall be entered into, [or such deposit shall be made,] shall liberate such person if in custody ; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirm- ance of the conviction, shall order and adjudge the 166 24 & 25 Yict. Cap. 97. offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment ; [and, in any case where after any such deposit shall have been made as aforesaid the con- viction shall be affirmed, the court may order the sum thereby adjudged to be paid, together with the costs of the conviction and the costs of the appeal, to be paid out of the money deposited, and the residue thereof, if any, to be repaid to the party convicted ; and, in any case where after any such deposit the conviction shall be quashed, the court shall order the money deposited to be repaid to the party convicted ; and in every case where any con- viction shall be quashed on appeal as aforesaid, the clerk of the peace or other proper officer shall forth- with indorse on the conviction a memorandum that the same has been quashed ; and whenever any copy or certificate of such conviction shall be made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction has been quashed in every case where such copy or certificate would be sufficient evidence of such conviction.] Framed on the 7 & 8 Geo. 4, c. 30, s. 38. No certiorari, 69. No such conviction, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari into any of her majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party lias been convicted, and there be a good and valid conviction to sustain the same. Framed on the 7 & 8 Geo. 4, c. 30, s. 39. Malicious Injuries to Property. 167 70. Every justice of the peace before whom any Convictions „ ~, . to be re- person shall be convicted of any offence against turned to the .... quarter ses- this act shall transmit the conviction to the next S ions. court of general or quarter sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court ; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court (a), or proved to be a true copy, shall be How far evi- v ' x • • » i dence in sufficient evidence to prove a conviction for the future cases. former offence, and the conviction shall be pre- sumed to have been unappealed against until the contrary be shown. (a) Proof of the signature of the officer is unnecessary. See the 8 & 9 Vict. c. 113, s. 1. Framed on the 7 & 8 Geo. 4, c. 30, s. 40. The identity of the offender must be shown. See the note to section 112 of the Larceny Act, ante, p. 110. 71. All actions and prosecutions to be commenced Venue in proceedings against any person for anything done in pursuance against per- • iiii i • i i • i • i sons ac ting ot this act shall be laid and tried in the county under this where the fact was committed, and shall be com- menced within six months after the fact committed, and not otherwise ; and notice in writing of such action, action, and of the cause thereof, shall be given to the defendant one month at least before the com- mencement of the action ; and in any such action ^"IT &c the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have 168 24 & 25 Vict. Cai\ 97. been paid into court after such action brought, by or on behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or other- wise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases ; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his ap- probation of the action. Framed on the 7 & 8 Geo. 4, c. 30, s. 41, and on the corre- sponding Irish Act, 9 Geo. 4, c. 56, s. 53. offences 72. All indictable offences mentioned in this act committed ..-,.. c within the which shall be committed within the jurisdiction of of the ad- the admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner in all respects as if they had been actually committed in that county or place ; and in any indictment for any such offence, or for being an accessory to such an offence, the venue in tlic margin shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been committed "on the high seas:" provided that nothing herein contained shall alter or affect any of the laws re- Malicious Injuries to Property. 169 lating to the government of her majesty's land or naval forces. 73. [Whenever any person shall be convicted of Fi "g t ? e n g d for any indictable misdemeanor punishable under this keeping the J . , peace ; in act, the court may, if it shall think fit, in addition what cases. to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to enter into his own recognizances, and to find sure- ties, both or either, for keeping the peace and being of good behaviour ; and in case of any felony punishable under this act, the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punish- ment by this act authorized : provided that no per- son shall be imprisoned under this clause for not finding sureties for any period exceeding one year.] 74. Whenever imprisonment, with or without Hard labour. hard labour, may be awarded for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to* be imprisoned and kept to hard labour, in the common gaol or house of correction. Framed on the 7 & 8 Geo. 4, c. 30, s. 17. 75. Whenever solitary confinement may be Solitary con- finement and awarded for any indictable offence under this act, whipping. the court may direct the offender to be kept in solitary confinement for any portion or portions of bis imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year ; [and whenever whipping may be awarded for any i 170 24 & 25 Vict. Cap. 97. indictable offence under this act, the court may sentence the offender to be once privately whipped ; and the number of strokes, and the instrument with which they shall be inflicted, shall be specified by the court in the sentence.] The first part of the section is framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5. Summary 76. ["Every offence hereby made punishable on proceedings *- ' j r in England summary conviction may be prosecuted in England may be under . J * ° the n & 12 in the manner directed by the act of the session Vict, c 43 and in ire- holden in the eleventh and twelfth years of queen the H & is Victoria, chapter forty-three, so far as no provision ' is hereby made for any matter or thing which may be required to be done in the course of such pro- secution, and may be prosecuted in Ireland before two or more justices of the peace, or one metro- politan or stipendiary magistrate, in the manner directed by the act of the session holden in the fourteenth and fifteenth years of queen Victoria, chapter ninety-three, or in such other manner as may be directed by any act that may be passed for like purposes, and all provisions contained in the said acts shall be applicable to such prosecutions in the same manner as if they were incorporated in except in this act : provided that nothing in this act con- the metro- tained shall in any manner alter or affect any enact- dUtrict. P ° ' e nient relating to procedure in the case of any offence punishable on summary conviction within the city of London or the metropolitan police dis- trict, or the recovery or application of any penalty or forfeiture for any such offence.] The costs of 77. [The court before which any indictable mis- tioVoTmis" demeanor against this act shall be prosecuted or a ga"ns"th1s tried may allow the costs of the prosecution in the Malicious Injuries to Property. 171 same maimer as in cases of felony ; and every order act may be for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same man- ner in all respects as in cases of felony.] See the note to the corresponding section of the Larceny Act, 24 & 25 Vict. c. 96, s. 121, ante, p. 118. 78. Nothing in this act contained shall extend Act not to to Scotland, except as hereinbefore otherwise ex- Scotland. pressly provided. 79. This act shall commence and take effect on Commence- the first day of November, one thousand eight hun- dred and sixty-one. 24 & 25 Vict. Cap. 98. An Act to consolidate and amend the Statute Law of England and Ireland relating to in- dictable Offences by Forgery. [6th August, 1861.] Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to indictable offences by forgery (a) : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament _ (a) The offence of forgery cannot be tried at quarter ses- sions. See the statute 5 & 6 Vict. c. 38 (unrepealed). I 2 Sec 172 24 & 25 Vict. Cap. 98. assembled, and by the authority of the same, as follows : As to forging her majesty's seals : Forging the 1. Whosoever shall forge or counterfeit, or shall great seal, i /• privy seal, utter, knowing the same to be forged or counter- feited, the great seal of the united kingdom, her majesty's privy seal, any privy signet of her ma- jesty, her majesty's royal sign manual, any of her majesty's seals appointed by the twenty-fourth article of the union between England and Scotland to be kept, used, and continued in Scotland, the great seal of Ireland, or the privy seal of Ireland, [or shall forge or counterfeit the stamp or impres- sion of any of the seals aforesaid, or shall utter any document or instrument whatsoever, having thereon or affixed thereto the stamp or impression of any such forged or counterfeited seal, knowing the same to be the stamp or impression of such forged or counterfeited seal, or any forged or coun- terfeited stamp or impression made or apparently intended to resemble the stamp or impression of any of the seals aforesaid, knowing the same to be forged or counterfeited, or shall forge or alter, or utter knowing the same to be forged or altered, any document or instrument having any of the said stamps or impressions thereon or affixed thereto] shall be guilty of [felony,] and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 2, and ex- tended to Ireland. This offence was, under the last-men- Forgery. !73 tioned act, high treason. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to forging transfers of stock, &c. : 2. Whosoever shall forge or alter or shall [offer,] Mjgf^ utter, [dispose of, or put off,] knowing the same certainitock, to be forged or altered, any transfer of any share attorney re- , ., .i lating or interest of or in any stock, annuity, or otner thereto. public fund which now is or hereafter may be transferable at the bank of England or at the bank of Ireland, or of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter, or [by, under, or by virtue of any] act of parliament, or shall forge or alter, or shall [offer,] utter, [dispose of, or put off,] knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock, or to receive any dividend [or money] payable in respect of any such share or interest, or shall demand or endeavour to have any such share or interest trans- ferred, or to receive any dividend [or money] pay- able in respect thereof, by virtue of any such forged or altered power of attorney or other authority, knowing the same to be forged or altered, with in- tent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. G. That and the Irish Act, 37 Geo. 3, c. 54, ss. 12, \5, are assimi- 24 & 25 Vict. Cap. 98. Forging attestation to power of attorney for transfer of stock, &c. lated. As to imprisonment and solitary confinement, see post, ss. 52, 53. 3. Whosoever shall falsely and deceitfully per- sonate any owner of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the bank of England, or at the bank of Ireland, or any owner of any share or interest of or in the capital stock of any body corporate, company, or society which now is or hereafter may be established by charter, or by [under, or by virtue of] any act of parliament, or any owner of any dividend [or money] payable in respect of any such share or interest as aforesaid, and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner, or thereby receive or endeavour to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, latter part of s. 6, and extended to Ireland. As to imprisonment and solitary confinement, see post, ss. 52, 53. 4. Whosoever shall forge [any name, hand- writing, or signature purporting to be] the name, handwriting, [or signature] of a witness attesting the execution of any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock as is in either of the last two preceding sec- tions mentioned, or to receive any dividend [or FORGKKV. L7S money] payable in respect of any such share or in- terest, or shall [offer,] utter, [dispose of, or put off] any such power of attorney or other authority, with any such forged name, handwriting, or sig- nature thereon, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years,— or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and Avith or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 8, and ex- tended to Ireland. As to imprisonment and solitary confine- ment, see post, ss. 52, 53. 5 Whosoever shall wilfully make any false entry Making false „ . n entries in in or wilfully alter any word or figure in, any ot the books of J , , ,, -, the public the books of account kept by the governor and fumis . company of the bank of England or the governor and company of the bank of Ireland, in which books the accounts of the owners of any stock, annuities, or other public funds which now are or hereafter may be transferable at the bank of Eng- land or at the bank of Ireland shall be entered and kept, or shall in any manner wilfully falsify any of the accounts of any of such owners in any of the said books, with intent in any of the cases afore- said to defraud, or shall wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the bank of England or at the hank of Ireland, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable. 176 24 & 25 Vict. Cap. 98. at the discretion of the court, to he kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 5, and that section and the Irish Act, 37 Geo. 3, c. 54, ss. 14, 16, assimi- lated. As to imprisonment and solitary confinement, see post, ss. 52, 53. Clerks of the bank ma ing out false dividend warrants. Forging an East India bond. 6. Whosoever, being a clerk, officer, or servant of or other person employed or intrusted by the governor and company of the bank of England or the governor and company of the bank of Ireland, shall knowingly make out or deliver any dividend warrant, [or warrant for payment of any annuity, interest, or money payable at the bank of England or Ireland,] for a greater or less amount than the person on whose behalf such warrant shall be made out is entitled to, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 9, and that and the Irish Act, 37 Geo. 3, c. 54, s. 17, assimilated. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to forging India bonds : 7. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bond commonly called an East India bond, [or any bond, debenture, or secu- Forgery. 1*7 rity issued or made under the authority of any act passed or to be passed relating to the East Indies,] or any indorsement on or assignment of any such bond, [debenture, or security,] with intent to defraud, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, part of sect. 3. See also the now repealed provisions of the acts relating to India: 21 & 22 Vict. c. 3, s. 10 ; 21 & 22 Vict. c. 106, s. 50 ; 22 cS: 23 Vict. c. 11, s. 10; 22 & 23 Vict. c. 39, s. 13 ; 23 & 24 Vict. c. 130, s. 13. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to forging exchequer bills, &c. : 8. Whosoever shall forge or alter, or shall offer, Forging ex- ,y> i • i chequer bills, utter, dispose of, or put on, knowing the same to bonds and , , , , .,, debentures, be forged or altered, any exchequer bill or ex- & c . chequer bond or exchequer debenture, or any indorsement on or assignment of any exchequer bill or exchequer bond or exchequer debenture, or any receipt or certificate for interest accruing thereon, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 3. See also the 16 & 17 Vict. c. 23, s. 41 (repealed). As to imprison- ment and solitary coniinement, see post, ss. 52, 53. 9. Whosoever, without lawful authority or excuse Making I 5 178 24 & 25 Vict. Cap. 98. plates, &c. in ( tne pr0 of whereof shall lie on the party accused), imitation of v l iii.ii those used for shall make or cause or procure to be made, or shall bills, &c aid or assist in making, or shall knowingly have in his custody or possession, any [frame, mould, or] instrument having therein any words, letters, figures, marks, lines, or devices peculiar to and appearing in the substance of any paper provided or to be provided or used for exchequer bills or exchequer bonds [or exchequer debentures,] or any machinery for working any threads into the sub- stance of any paper, or any such thread, and in- tended to imitate such words, letters, figures, marks, lines, threads, or devices, or any plate peculiarly employed for printing such exchequer bills, bonds, [or debentures,] or any die [or seal] peculiarly used for preparing any such plate, or for sealing such exchequer bills, bonds, [or debentures,] or any plate, die, [or seal] intended to imitate any such plate, die, [or seal] as aforesaid, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the repealed sections of the Exchequer Bills Acts, 5 & 6 Vict. c. 66, s. 9 ; 16 & 17 Vict. c. 132, s. 10. As to imprisonment and solitary confinement, see post, ss. 52, 53. Making 10. Whosoever, without lawful authority or FKion of excuse (the proof whereof shall lie on the party exrfieque/ 01 accused), shall make, or cause or procure to be bills, &c. mac j ej or aid or assist in making, any paper in the substance of which shall appear any words, letters, figures, marks, lines, threads, or other devices FORGERl. 179 peculiar to and appearing in the substance of any paper provided or to be provided or used for such exchequer bills, bonds, [or debentures,] or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate the same, or shall knowingly have in his custody or possession any paper whatsoever, in the sub- stance whereof shall appear any such words, letters, figures, marks, lines, threads, or devices as afore- said, or any parts of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate the same, or shall cause or assist in causing any such words, letters, figures, marks, lines, threads, or devices as aforesaid, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate the same, to appear in the substance of any paper whatever, or shall take or assist in taking any impression of any such plate, die, [or seal] as in the last preced- ing section mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment. Framed on the provisions mentioned in the note to sect. 9. As to imprisonment and solitary confinement, see post, ss. 52 5 53. 11. Whosoever, without lawful authority or Having in a i n t i possession excuse (the proof whereof shall he on the party paper, plates, accused), shall purchase or receive, or knowingly used r> , • i • ,i • chequer bills, have in his custody or possession, any paper nianu- & c . factured and provided by or under the directions 180 24 & 25 Yict. Cap. 98. of the commissioners of inland revenue or commis- sioners of her majesty's treasury, for the purpose of being used as exchequer hills or exchequer bonds [or exchequer debentures,] before such paper shall have been duly stamped, signed, and issued for public use, or any such plate, die, or seal as in the last two preceding sections mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceed- ing three years, with or without hard labour. Framed on the repealed sections of the 5 & 6 Vict. c. 66, s. 10, and 16 & 17 Vict. c. 132, s. 11. As to imprisonment, see post, s. 52. As to forging bank notes : Forging a 12. Whosoever shall forge or alter, or shall offer, & c n ' utter, dispose of, or put off, knowing the same to be forged or altered, any note or bill of exchange of the governor and company of the bank of England or of the governor and company of the bank of Ireland, [or of any other body corporate, company, or person carrying on the business of bunkers,] commonly called a bank note, a bank bill of exchange, or a bank post bill, or any indorse- ment on or assignment of any bank note, bank bill of exchange, or bank post bill, with intent to defraud, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 1, c. 9, s. 6 j 21 & 22 Geo. 3, c. 16 (Ireland;, s. 15; 11 Geo. 4 & 1 Will. 4, c. 66, s. 3 ; and those Forgery. 181 provisions assimilated. As to imprisonment and solitary confinement, see post, ss. 52, 53. 13. Whosoever, without lawful authority or ex- Purchasing cuse (the proof whereof shall lie on the party or having accused), shall purchase or receive from any other nJfes. person, or have in his custody or possession, any forged bank note, bank bill of exchange, or bank post bill, or blank bank note, blank bank bill of ex- change, or blank bank post bill, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 12; and that section and the Irish Act, 49 Geo. 3, c. 13, s. 2, are as- similated. As to imprisonment, see post, s. 52. As to making and engraving plates, &c. for bank notes, &c. : 14. Whosoever, without lawful authority or ex- Making or cuse (the proof whereof shall lie on the party mouTdfor accused), shall make or use, or knowingly have in Sperwith his custody or possession, any frame, mould, or JIv^v^S instrument for the making of paper with the words £"& li i_ nd >" or ° r r "bank of "Bank of England" or "Bank of Ireland," Tor any Ireland," or ° L J with curved part of such words! intended to resemble and pass bar lines, « i ....... „ &c.,orselling tor the same, visible in the substance of the paper, such paper. or for the making of paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in roman letters, visible in the substance of the paper, [or with any device or distinction peculiar to and ap- 24 & 25 Vict. Cap. 98. pearing in the substance of the paper used by the governor and company of the banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respec- tively,] or shall make, use, sell, expose to sale, utter, or dispose of, or knowingly have in his custody or possession, any paper whatsoever with the words " Bank of England " or " Bank of Ire- land," [or any part of such words intended to re- semble and pass for the same,] visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in roman letters, appearing visible in the substance of the paper, [or with any device or dis- tinction peculiar to and appearing in the substance of the paper used by the governor and company of the banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively,] or shall by any art or contrivance cause the words " Bank of England " or " Bank of Ireland," [or any part of such words intended to resemble and pass for the same, or any device or distinction peculiar to and appearing in the substance of the paper used by the governor and company of the banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively,] to ap- pear visible in the substance of any paper, or shall cause the numerical sum or amount of any bank note, bank bill of exchange, or bank post bill, blank bank note, blank bank bill of exchange, or blank bank post bill, in a word or words in roman letters, to appear visible in the substance of the paper Forgery. 183 whereon the same shall be written or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 1 Geo. 4, c. 92, ss. 1, 2 ; 11 Geo. 4 & 1 Will. 4, c. 66, s. 13 ; and on the Irish Acts, 38 Geo. 3, c. 53, ss. 3, 4, and 39 Geo. 3, c. 63, s. 13, and those provisions as- similated. As to imprisonment, see post, s. 52. 15. Nothing; in the last preceding section contained Proviso as to o j. o paper used AvM prevent any person from issuing any bill of for bills of exchange or promissory note having the amount &c. thereof expressed in guineas, or in a numerical figure or figures denoting the amount thereof in pounds sterling, appearing visible in the substance of the paper upon which the same shall be written or printed, nor shall prevent any person from making, using, or selling any paper having waving or curved lines or any other devices in the nature of watermarks visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not so contrived as to form the groundwork or texture of the paper, or to resemble the waving or curved laying wire lines or bar lines or the watermarks of the paper used by the governor and company of the banks of England and Ireland respectively. Framed on the I Will. 4, c. 66, s. 14, and extended to Ire- land. 16. Whosoever, without lawful authority or ex- Engraving J or having cuse (the proof whereof shall lie on the party any plate, &c. v L *■ for making accused), shall engrave or in anywise make upon notes of 184 24 & 25 Vict. Cap. 98. bank of England or Ireland, or other banks, or having such plate, &c, or uttering or having paper upon ■which a blank bank note, &c. shall be printed. any plate whatsoever, or upon any wood, stone, or other material, any promissory note, bill of ex- change, [or bank post bill,] or part of a promissory note («), bill of exchange, [or bank post bill,] pur- porting to be a bank note, bank bill of exchange, [or bank post bill] of the governor and company of the bank of England or of the governor and company of the bank of Ireland, or of any other body corporate, company, or person carrying on the business of bankers, or to be a blank bank note, blank promissory note, blank bank bill of exchange, or blank bank post bill of the governor and company of the bank of England or of the governor and company of the bank of Ireland, or of any such other body corporate, company, or person as aforesaid, or to be a part of a bank note, promis- sory note, bank bill of exchange, or bank post bill of the governor and company of the bank of England or of the governor and company of the bank of Ireland, or of any such other body corpo- rate, company, or person as aforesaid, or any [name,] word, [or character] resembling or appa- rently intended to resemble any subscription to any bill of exchange or promissory note issued by the governor and company of the bank of England or the governor and company of the bank of Ireland, or by any such other body corporate, company, or person as aforesaid, or shall use any such plate, wood, stone, or other material, or any other instru- ment or device, for the making or printing any bank note, bank bill of exchange, or bank post bill, or blank bank note, blank bank bill of exchange, or blank bank post bill, or part of a bank note, (a) Engraving of the ornamental border of a bank note is within this provision. Rig. v. Keith, Dears. C. C. 486 ; 24 L. J.(N. S.) M. C. 110. Forgery. 185 bank bill of exchange, or bank post bill, or know- ingly have in his custody or possession any such plate, wood, stone, or other material, or any such instrument or device, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any blank bank note, blank bank bill of exchange, or blank bank post bill of the governor and company of the bank of England or of the governor and company of the bank of Ireland, or of any such other body corpo- rate, company, or person as aforesaid, or part of a bank note, bank bill of exchange, or bank post bill, or any [name,] word, [or character] resembling or apparently intended to resemble any such subscrip- tion, shall be made or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 1 Will. 4, c. 66, ss. 15, 18 ; 1 Geo. 4, c. 92, s. 1 ; and the Irish Act, 39 Geo. 3, c. 63, s. 4 ; and those provisions assimilated. As to imprisonment and solitary confinement, see post, s. 52. 17. Whosoever, without lawful authority or ex- Engraving on cuse (the proof whereof shall lie on the party ac- any word, ' 1X , ,, . • i number or cused), shall engrave or in anywise make upon any device re- plate whatsoever, or upon any wood, stone, or other p^f"! material, any word, number, figure, [device,] cha- J^^q^ racter, or ornament the impression taken from j^f ™ _ which shall resemble or apparently be intended to such plate, 1 r J _ &c, or utter- resemble any part of a bank note, bank bill of ex- ing or having 1/1 any paper on change, or bank post bill of the governor and com- which any 186 24 & 25 Vict. Cap. 98. such word, &c. is im- pressed. pany of the bank of England or of the governor and company of the bank of Ireland, or of any other body corporate, company, or person carrying on the business of bankers, or shall use, or know- ingly have in his custody or possession, any such plate, wood, stone, or other material, or any other instrument or device for the [impressing or] making upon any paper or other material any word, num- ber, figure, character, or ornament which shall re- semble or apparently be intended to resemble any part of a bank note, bank bill of exchange, or bank post bill of the governor and company of the bank of England or of the governor and company of the bank of Ireland, or of any such other body corpo- rate, company, or person as aforesaid, or shall know- ingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper or other mate- rial upon which there shall be an impression of any such matter as aforesaid, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary con- finement. Framed on the 1 Will. 4, c. 66, s. 16, and 1 Geo. 4, c. 92, s. 2, and extended to Ireland. As to imprisonment and soli- tary confinement, see post, ss. 52, 53. Making or having mould for making paper with the name of any banker, or making or having such paper. 18. Whosoever, without lawful authority or ex- cuse (the proof whereof shall lie on the party ac- cused), shall make or use any frame, mould, or instrument for the manufacture of paper, with the name or firm of any body corporate, company, or person carrying on the business of bankers (other Forgery. 1&7 than and except the banks of England and Ireland respectively), appearing visible in the substance of the paper, or knowingly have in his custody or possession any such frame, mould, or instrument, or make, use, sell, expose to sale, utter, or dispose of, or knowingly have in his custody or possession, any paper in the substance of which the name or firm of any such body corporate, company, or per- son shall appear visible, or [by any art or con- trivance] cause the name or firm of any such body corporate, company, or person to appear visible in the substance of the paper upon which the same shall be written or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept iu penal servi- tude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 41 Geo. 3, c. 57, ss. 1, 2, 3. And see 11 Geo. 4 & 1 Will. 4, c. 66, s. 17. As to imprisonment and solitary confinement, see post, ss. 52, 53. 19. Whosoever, without lawful authority or ex- Engraving f plates for cuse (the proof whereof shall lie on the party ac- foreign wiis . •! ornotes, or cused), shall engrave or in anywise make upon any US i n g or plate whatsoever, or upon any wood, stone, or other v \^x"^m material, any bill of exchange, promissory note, papeTou undertaking, or order for payment of money, or pa^oVany any part of any bill of exchange, promissory note, *"tefc lU01 undertaking, or order for payment of money, in printed, whatsoever language the same may be expressed, and whether the same shall or shall not be or be intended to be under seal, purporting to be the bill, note, undertaking, or order, or part of the bill, 188 24 & 25 Vict. Cap. 98. note, undertaking, or order of any foreign prince or state, or of any minister or officer in the service of any foreign prince or state, or of any body corpo- rate or body of the like nature, constituted or re- cognized by any foreign prince or state, or of any person or company of persons, resident in any country not under the dominion of her majesty, or shall use, or knowingly have in his custody or pos- session, any plate, stone, wood, or other material upon which any such foreign bill, note, undertak- ing, or order, or any part thereof, shall be engraved or made, or shall knowingly offer, utter, dispose of, or put off, or have in his custody or possession, any paper upon which any part of any such foreign bill, note, undertaking, or order shall be made or printed, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any temi not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment. Framed on the 1 Will. 4, c 66, s. 19, and the 43 Geo. 3, c. 119, ss. 1, 2. As to imprisonment and solitary confine- ment, see post, ss. 52, 53. As to forging deeds, wills, bills of exchange, &c: Forping 20. Whosoever, with intent to defraud, shall deeds bonds, &-c. forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any deed, or any bond or writing obligatory, [or any assignment at law or in equity of any such bond or writing obligatory, or shall forge any name, Forgery. 189 handwriting, or signature purporting to be the name, handwritiug, or signature of a witness attest- ing the execution of any deed, bond, or writing obligatory, or shall offer, utter, dispose of, or put off any deed, bond, or writing obligatory having thereon any such forged name, handwriting, or signature, knowing the same to be forged,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard la- bour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, part of sect. 10, and extended to Ireland. As to imprisonment and soli- tary confinement, see post, ss. 52, 53. 21. Whosoever, with intent to defraud, shall J"gJ>« forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any will, testament, codicil, or testamentary instru- ment, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, part of sect. 3 ; and on the Irish Act, 3 Geo. 2, c. 4, s. 1 ; and those pro- visions assimilated. As to imprisonment and solitary con- finement, see post, ss. 52, 53. 22. Whosoever shall forge or alter, or shall offer, £orgtag^ utter, dispose of, or put off, knowing the same to change^ be forged or altered, any bill of exchange, or any notes. acceptance, indorsement, or assignment of any bill 190 24 & 25 Vict. Cap. 98. of exchange, or any promissory note for the pay- ment of money, or any indorsement or assignment of any such promissory note, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, part of sect. 3 ; and on the Irish Act, 3 Geo. 2, c. 4, s. 1 ; and those pro- visions assimilated. As to imprisonment and solitary con- finement, see post, ss. 52, 53. Forging 23. Whosoever shall forge or alter, or shall offer, orders, re- ° oeipts, &c. utter, dispose of, or put off, knowing the same to for money, , „ , , n n , . gooda, &c. be torged or altered, any undertaking, warrant, order (a), [authority,] or request for the payment of money, or for the delivery or transfer of any goods or chattels, or of any note, bill, or other security for the payment of money, [or for pro- curing or giving credit, or any indorsement on or assignment of any such undertaking, warrant, order (b), authority, or request,] or any accountable receipt (c), acquittance, or receipt for money or for goods, or for any note, bill, or other security for the payment of money, [or any indorsement on or assignment of any such accountable receipt,] with intent, in any of the cases aforesaid, to defraud, (a) As to what amounts to a warrant or order, see Reg. v. Dawson, 2 Den. C. C. 75 ; 20 L. J. (N. S.) M . C. 102 ; and see Reg. v. Williams,2Den. C. C. 61 ; 20 L. J. (N. S.) M. C. 106 ; Reg. v. lllidge, 18 L. J. (N. S.) M. C. 179. (b) The indorsement of a shareholder on a railway divi- dend warrant held the indorsement of a warrant or order. Reg. v. Antey, 26 L. J. (N. S.) M. C. 190. (c) A pawnbroker's duplicate is an accountable receipt. Reg. v. Fitchie, 1 Dears. & B. 175 ; 26 L. J. (N. S.) M. C. 90. Forgery. 191 shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 1 1 Geo. 4 & 1 Will. 4, c. 66, parts of ss. 3, 10; and on the Irish Acts, 3 Geo. 2, c. 4, s. 1, and 39 Geo. 3, c. 63, s. 1 ; and those provisions assimilated. As to imprisonment and solitary confinement, see post, ss. 52, 53. A person producing a forged receipt, purporting to be a re- ceipt for parochial rates clue from A., for the purpose of in- ducing the prosecutor to send money to A. as a responsible person, is within this provision, for it is not necessary that money should be obtained directly upon it, or by the utterer at all. Reg. v. Ion, 2 Den. C. C. 475 ; 21 L. J. (N. S.) M. C. 166. 24. [Whosoever, with intent to defraud, shall Any person draw, make, sign, accept, or indorse any bill of accepting , . -i i i • an y bill, note, exchange or promissory note, or any undertaking, & c . by pro- warrant, order, authority, or request, for the pay- ^tnouUaw- ment of money, or for the delivery or transfer of ^oMitter- goods or chattels, or of any bill, note, or other 1 b n i f, a n , ^| lch security for money, by procuration or otherwise, &c - so ™ a< * e for. in the name, or on the account of any other with intent J to defraud, person, without lawful authority or excuse, or shall to be guilty ,. „ m i i -ii of felony. offer, utter, dispose or, or put on any such bill, note, undertaking, warrant, order, authority, or re- quest so drawn, made, signed, accepted, or indorsed by procuration or otherwise, without lawful autho- rity or excuse, as aforesaid, knowing the same to have been so drawn, made, signed, accepted, or indorsed as aforesaid, shall be guilty of felony, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not 192 24 & 25 Vict. Cap. 98. Obliterating crossings on cheques. less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.] This provision is new. As to imprisonment and solitary- confinement, see post, ss. 52, 53. 25. Whenever any cheque or draft on any banker shall be crossed with the name of a banker, or with two transverse lines with the words "and com- pany," or any abbreviation thereof, whosoever shall obliterate, add to, or alter any such crossing, or shall offer, utter, dispose of, or put off any cheque or draft whereon any such obliteration, addition, or alteration has been made, knowing the same to have been made, with intent, in any of the cases afore- said, to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 21 & 22 Vict. c. 79, s. 3. As to im- prisonment and solitary confinement, see post, ss. 52, 53. Forging debentures. 26. Whosoever shall fraudulently forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any debenture issued under any lawful authority what- soever, either within her majesty's dominions or elsewhere, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less equity. Forgery. 193 than three years, — or to he imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the Irish Act, 37 Geo. 3. c. 51, s. 11, and ex- tended to England and enlarged. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to forging records, process, instruments of evidence, &c. : 27. [Whosoever shall forge or fraudulently alter, Forging or shall offer, utter, dispose of, or put off, knowing of courts of the same to be forged or fraudulently altered, any c ap- . . , . pi ■ i i ,• tisms, mar- defaced or injured, any register of births, baptisms, ria g es , marriages, deaths or burials which now is or here- ^aYs. after shall be by law authorized or required to be kept in England or Ireland, or any part of any such register, or any certified copy of any such register, or any part thereof, or shall forge or fraudulently alter in any such register any entry relating to any birth, baptism, marriage, death or burial, or any part of any such register, or any certified copy of such register, or of any part thereof, or shall know- ingly and unlawfully («) insert or cause or permit to be inserted in any such register, or in any certi- fied copy thereof, any false entry of any matter re- lating to any birth, baptism, marriage, death or burial, or shall knowingly and unlawfully give any (a) The words " knowingly " and " unlawfully " are sub- stituted for "falsely" and " wilfully " in the former provi- 24 & 25 Vict. Cap. 98. false certificate relating to any birth, baptism, mar- riage, death or burial, or shall certify any -writing to be a copy or extract from any such register, know- ing such -writing, or the part of such register -whereof such copy or extract shall be so given, to be false in any material particular, or shall forge or counterfeit the seal of or belonging to any register oifice or burial board, or shall offer, utter, dispose of, or put off any such register, entry, certified copy, certificate or seal, knowing the same to be false, forged or altered, or shall offer, utter, dispose of, or put off any copy of any entry in any such register, knowing such entry to be false, forged or altered, shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or with- out solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, part of sect. 20 ; 6 cS: 7 Will. 4, c. 86, s. 43 ; 3 & 4 Vict. c. 92, s. 8 (un- repealed) ; 7 & 8 Vict. c. 81 (Irish Act), s. 75, and amended and assimilated. As to imprisonment and solitary confine- ment, see post, ss. 52, 53. Making false entries in copies of register sent to registrar. 37. Whosoever shall knowingly and wilfully insert or cause or permit to be inserted in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, or shall forge or alter, or shall [offer,] utter, [dispose of, or put off,] knowing the same to be forged or altered, any copy of any re- gister so directed or required to be transmitted as aforesaid, or shall knowingly and wilfully sign or verify any copy of any register so directed or re- Forgery. 201 quired to be transmitted as aforesaid, which copy shall be false in any part thereof, knowing the same to be false, [or shall unlawfully destroy, deface, or injure, or shall for any fraudulent purpose take from its place of deposit, or conceal,] any such copy of any register, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and Avith or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 22, and extended to Ireland. See 24 & 25 Vict. c. 95, s. 4, and the unrepealed section (21) of the 11 Geo. 4 & 1 Will. 4, c. 66, referred to in the note, ante, p. 9. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to demanding property upon forged in- struments : 38. Whosoever, with intent to defraud, shall de- Demanding j . , . property manu, receive, or obtain, or cause or procure to be upon forged delivered or paid to any person, or endeavour to re- ceive or obtain, or to cause or procure to be delivered or paid to any person, any chattel, money, security for money, or other property whatsoever, under, upon, or by virtue of any forged or altered instru- ment whatsoever, knowing the same to be forged or altered, or under, upon, or by virtue of any probate or letters of administration, knowing the will, testa- ment, codicil, or testamentary writing on which such probate or letters of administration shall have been obtained to have been forged or altered, or knowing such probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit, shall be guilty of felony, and being K 5 instruments. 202 24 & 25 Vict. Cap. 98. convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed from the Irish Act, 38 Geo. 3, c. 53, s. 2. As to imprisonment and solitary confinement, see post, ss. 52, 53. As to other matters : Torging any 39. Where by this or by any other act any per- howeverde- son is [or shall hereafter be] made liable to punish- whicVVm ment for forging or altering, or for offering, uttering, bin ofTx- disposing of, or putting off, knowing the same to be change, &c. f or g ed or altered, any instrument or writing desig- nated in such act by any special name or description, and such instrument or writing, however designated, shall be in law a will, testament, codicil, or testament- ary writing, [or a deed, bond, or writing obligatory,] or a bill of exchange, or a promissory note for the payment of money, or an indorsement on or assign- ment of a bill of exchange or promissory note for the payment of money, or an acceptance of a bill of exchange, or an undertaking, warrant, order, [au- thority or request,] for the payment of money, [or an indorsement on or assignment of an undertaking, warrant, order, authority, or recmest for the pay- ment of money,] within the true intent and mean- ing of this act, in every such case the person forging or altering such instrument or writing, or offering, uttering, disposing of, or putting off such instru- ment or writing, knowing the same to be forged or altered, may be indicted as an offender against this act, and punished. accordingly. Framed on the 11 Geo. 4 &• 1 Will. 4, c. 66, s. 4, and extended to Ireland. Forgery. 203 40. Where the forging or altering any writing F 0T ^s, &o. or matter whatsoever, or the offering, uttering, dis- or Ireland _ _ documents posing of, or putting off any writing or matter purporting to r&,rt> J ° he made, or whatsoever, knowing the same to be forged or actually . t 1 /y> •/• made, out of altered, is in this act expressed to be an onence, it England and any person shall, in England or Ireland, forge or forging,' & c . alter, or offer, utter, dispose of, or put off, knowing ™ f^fl^ the same to be forged or altered, any such writing exchange, or matter in whatsoever place or country out of m c g - t p u D P ort " England and Ireland, whether under the dominion payable out o of England of her majesty or not, such writing or matter may or Ireland. purport to be made or may have been made, and in whatever language the same or any part thereof may be expressed, every such person, and every person aiding, abetting, or counselling such person, shall be deemed to be an offender within the mean- ing of this act, and shall be punishable thereby in the same manner as if the writing or matter had purported to be made or had been made in England or Ireland ; and if any person shall in England or Ireland forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bill of exchange, or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any undertaking, war- rant, order, [authority or request,] for the payment of money, [or for the delivery or transfer of any goods or security,] or any deed, bond, or writing obligatory for the payment of money (whether such deed, bond, or writing obligatory shall be made only for the payment of money, or for the payment of money together with some other pur- pose), [or any indorsement on or assignment of any 204 24 & 25 Vict. Cap. 98. such undertaking, warrant, order, authority, re- quest, deed, bond, or writing obligatory,] in what- soever place or country out of England and Ireland, whether under the dominion of her majesty or not, the money payable or secured by such bill, note, undertaking, warrant, order, [authority, request,] deed, bond, or writing obligatory may be or may purport to be payable, and in whatever language the same respectively or any part thereof may be expressed, and whether such bill, note, undertak- ing, warrant, order, [authority or request,] be or be not under seal, every such person, and every per- son aiding, abetting, or counselling such person, shall be deemed to be an offender within the mean- ing of this act, and shall be punishable thereby in the same manner as if the money had been payable or had purported to be payable in England or Ireland. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 30, and extended to Ireland. Forgers, &c. 41. If any person shall commit any offence against may be tried . „ - „ in the county tins act, or shall commit any onence of f orgiug or are'appre-" altering any matter whatsoever (a), or of offering, In custody" 6 uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered, whether the offence in any such case shall be indictable at common law, or by virtue of any act passed or to be passed, every such offender may be dealt with, indicted, tried, and punished, in any county or place in which be shall be apprehended (a) Notwithstanding the words " any matter whatsoever," the offence of forgery can only be of some document or writing. See Reg. v. Closs, 1 Dears. & B. 460 ; 27 L. J. (N. S.) M. C. 54, and Reg. v. Smith, 27 I.. J. (N. S.) M. C. 225. There must also be an intent to defraud : see Reg. v. Hodgson, 1 Dears. Si B. 3; 25 L. J. (>'. S.) M. C. 78. Forgery. 205 or be in eustody(a), in the same manner in all respects as if his offence had been actually committed in that county or place; and every accessory before or after the fact to any such offence, if the same be a felony, and every person aiding, abetting, or coun- selling the commission of any such offence, if the same be a misdemeanour, may be dealt with, indicted, tried and punished in any county or place in which (6) [he shall be apprehended or be in custody in the same manner in all respects as if his offence, and the offence of his principal, had been actually com- mitted in such county or place.] (a) Being in custody at the time of trial is sufficient. (b) " In which the principal offender may be tried." 11 Geo. 4 & 1 Will. 4, c. 66, s. 24. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 24. See also generally as to the venue for the trial of accessories, 24 & 25° Vict. c. 94, s. 7, ante, p. 4. 42. In any indictment for forging, [altering, ^/j^'P^ 011 offering,] uttering, [disposing, or putting off any ™^ enta instrument it shall be sufficient to describe such in- for forgery, strument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac-simile thereof, or otherwise describing the same or the value thereof. Framed on the 14 & 15 Vict. c. 100, s. 5. 43. In any indictment for engraving or making Description J ° of instru- the whole or any part of any instrument, matter, or ment in „ . . indictments thing whatsoever, or for using or having the un- forengrav- lawful [custody or] possession of any plate or other material upon which the whole or any part of any instrument, matter, or thing whatsoever shall have been engraved or made, or for having the unlawful [custody or] possession of any paper upon which ing, &c. 206 24 & 25 Vict. Cap. 98. the whole or any part of any instrument, matter, or thing whatsoever shall have been made or printed, it shall be sufficient to describe such instrument, matter, or thing by any name or designation by which the same may be usually known, without setting out any copy or fac-simile of the whole or any part of such instrument, matter, or thing. Framed on the 14 & 15 Vict. c. 100, s. 6. intent to 44. It shall be sufficient, in any indictment for ticuiw P er a - r " forging, altering, uttering, offering, disposing of, or be n au n eg e ed n or t putting off any instrument whatsoever, where it proved. ^11 be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to de- fraud any particular person ; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. Framed on the 14 & 15 Vict. c. 100, s. 8. Nevertheless there must be an intent at the time of the forgery to defraud. A forgery of a certificate of the college of surgeons, with the general intent to induce a belief that the document was genuine, and that the defendant was a member of the college, and showing it to persons with that object, but without any intent to commit any particular fraud or specific wrong to any individual, does not constitute forgery, notwithstanding this provision. Reg. v. Hodgson, 1 Dears. & B. 3 ; 25 L. J. (N. S.) M.C, 78. interprets- 45. Where tile having any matter in the custody criminal pos- or possession of any person is in this act expressed to be an offence, if any person shall have any such matter in his personal custody or possession, [or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person,] or shall knowingly and wilfully have any FORGEEY. 207 such matter in any dwelling house or other build- ing, Lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or pos- session, within the meaning of this act. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 28. 46. If it shall be made to appear, by information Search for . . paper or on oath or affirmation before a justice of the peace, implements employed in that there is reasonable cause to believe that any any forgery, person has in his custody or possession, without forged in- lawful authority or excuse, any note or bill of the g.u ernor and company of the bank of England or Ireland, or of any body corporate, company, or per- son carrying on the business of bankers, or any frame, mould, or implement for making paper in imitation of the paper used for such notes or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices, or characters capable of producing or in- tended to produce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations aforesaid, [or any forged security, document, or instrument whatsoever,] or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such justice may, if he think fit, grant a warrant to search for the same : and if the same shall be found upon such search, it 208 24 & 25 Vict. Cap. 98. shall be lawful to seize and carry the same before some justice of the county or place, to be by him disposed of according to law ; and all such matters and things so seized as aforesaid shall by order of the court where any such offender shall be tried, or in case there shall be no such trial then by order of some justice of the peace, be defaced and destroyed or otherwise disposed of as such court or justice shall direct. Framed on the Irish Acts, 38 Geo. 3, c. 53, s. 6, and 39 Geo. 3, c. 63, s. 6, and extended to England and enlarged. Other punishments substituted lor those of the 5 Eliz. c. 14, which have been adopted in other acts. 47. Whosoever shall, after the commencement of this act, be convicted of any oifence which shall have been subjected by any act or acts to the same pains and penalties as are imposed by the act passed in the fifth year of the reign of Queen Elizabeth, intituled "An Act against Forgers of false Deeds and Writings," for any of the offences first enumerated in the said act, shall be guilty of felony, and shall, in lieu of such pains and penalties, be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding four- teen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 23, and extended to Ireland. The statute recited (5 Eliz. c. 14), provided that every person convicted of any of the offences first enumerated in* that act should pay to t'ie party grieved his double costs and damages, and should forfeit to the crown the whole issues of his lands and tenements during his life, and should also suffer imprisonment during his life. By subsequent acts, persons for certain offences were in terms subjected to the same pains and penalties as w re imposed by the act of Elizabeth. The 11 Geo. 4 & 1 Will. 4, c. 66, s. 23, repealed the act of Elizabeth, and substituted for the offences made punishable in that act, transportation for four- Forgery. 209 teen or not less than seven years, or imprisonment for three years or not less than one year. The above section is there- fore a substitution for the last-mentioned provision. As to imprisonment and solitary confinement, see post, ss. 52, 53. 48. Where by any act now in force any person ah forgeries J •> n ■ ■ • which were falsely making, forging, counterfeiting, erasing or capital J i -v before the altering any matter whatsoever, or uttering, pub- iw. 4, c. 66, .... /v. . T • r» ii- _ . and are not hshing, offering, disposing of, putting away, oi otnerw i se making use of any matter whatsoever, knowing the {EXfthte same to have been falsely made, forged, counter- J^JJJ be feited, erased or altered, or any person demanding ^ v h it P e d n e al or endeavouring to receive or have any thing, or to for life, &c. do or cause to be done any act, upon or by virtue of any matter whatsoever, knowing such matter to have been falsely made, forged, counterfeited, erased or altered, would, according to the provi- sions contained in any such act, be guilty of felony, and would, before the passing of the act of the first year of king William the fourth, chapter sixty-six, have been liable to suffer death as a felon ; or where by any act now in force any person falsely personating another, or falsely acknowledg- ing any thing in the name of another, or falsely representing any other person than the real party to be such real party, or wilfully making a false entry in any book, account or document, or in any manner wilfully falsifying any part of any book, account or document, or wilfully making a transfer of any stock, annuity or fund, in the name of any person not being the owner thereof, or knowingly taking any false oath, or knowingly making any false affidavit or false affirmation, or demanding or receiving any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate shall have been 210 24 & 25 Vict. Cap. 98. obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of any false oath or false affirmation, would, according to the provisions con- tained in any such act, be guilty of felony, and would before the passing of the said act of the first year of king William the fourth have been liable to suffer death as a felon; or where by any act now in force any person making or using, or knowingly hav- ing in his custody or possession, any frame, mould, or instrument for the making of paper, with certain words visible in the substance thereof, or any per- son making such paper, or causing certain words to appear visible in the substance of any paper, would, according to the provisions contained in any such act, be guilty of felony, and would before the passing of the said act of the first year of king William the fourth have been liable to suffer death as a felon ; then, and in each of the several cases aforesaid, if any person shall after the commence- ment of this act be convicted of any such felony as is hereinbefore in this section mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, and the same shall not be punishable under any of the other provisions of this act, every such person shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be impri- soned for any term not exceeding two years, with or without hard labour, and with or without soli- tary confinement. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 1, and ex- tended to Ireland. As to imprisonment and solitary confine- ment, see post, ss. 52, 53. Principals 49. In the ease of every felony punishable under Forgery. 211 this act, every principal in the second degree (a), j" ^ e e e sec ° nd and every accessory bcfure the fact shall be punish- accessories. J J ..... Abettors in able in the same manner as the principal in the misdemea- i nors. first degree is by this act punishable ; and every accessory after the fact to any felony punishable under this act shall on conviction be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment ; and every person who shall aid, abet, coun- sel or procure the commission of any misdemeanor punishable under this act shall be liable to be pro- ceeded against, indicted and punished as a principal offender. (a) See the note to sect. 98 of the 24 & 25 Vict. c. 96, ante, p. 98. Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 25. See the Accessories and Abettors Act, 24 & 25 Vict. c. 94, ss. 1, 2, 4, i or more possession («) three or more pieces ot false or pieces of counterfeit coin resembling or apparently intended goldorsHvei to resemble or pass for any of the queen's current session P "(", gold or silver coin, knowing the same to be false ££ h ,ntent - or counterfeit, and with intent to utter or put off the same [or any of them,] shall, in England and Ireland, be guilty of a misdemeanor, and in Scot- land of a crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of (a) As to custody or possession, see ante, sect. 1. 222 24 & 25 Vict. Cap. 99. three years, or to be imprisoned for any term not exc« <> years, with or without hard labour, and with or without solitary confinement. Framed on the 2 & 3 Will. 4, c. 34, part of sect. 8. The mere fact of having in possession a quantity of counterfeit coin wrapped in separate paper is some evidence of the guilty knowledge and of the intent to utter : Reg. v. Jarvis, Dears. C. C. 552 ; 25 L. J. (N. S.) M. C. 30. As to imprisonment and solitary confinement, see post, ss. 39, 40. This offence can be tried at quarter sessions. Every second offence of vious con- viction shall be felony. 12. Whosoever, having been convicted, [either offence of . _ . uttering, &c. before or after the passing of this act, J of any such misdemeanor or crime and offence as in any of the last three preceding sections mentioned, [or of any felony or high crime and offence against this or any former act relating to the coin,] shall afterwards commit any of the misdemeanors or crimes and offences in any of the said sections mentioned, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 2 & 3 Will. 4, c. 34, ss. 7, 8, which are ex- tended, for under those sections a person could not be con- victed of uttering after a previous conviction for having pos- session of counterfeit coin, or vice versa. As to imprisonment and solitary confinement, see post, ss. 89, 40. This offence cannot, it seems, be tried at quarter sessions, that court not having jurisdiction to try persons for any felony which when committed by a person not previously convicted of felony, is punishable with penal servitude for life, (see the 5 & 6 Viet. c. 3S, and the subsequent statutes substituting penal servitude for transportation). Here the previous offence is a misdemeanor, not a felony. Coinage Offexces. 223 13. rWhosoever shall, with intent to defraud, uttering L ' foreign com, tender, utter, or put off as or for any of the queen's medals, &c. ^ * as current current gold or silver coin, any coin not being such coin, with ° ' J ° . intent to de- CUrreilt gold or silver com, or any medal or piece fraud. of metal or mixed metals, resembling in size, figure and colour the current coin as or for which the same shall be so tendered, uttered, or put off, such coin, medal, or piece of metal or mixed metals so tendered, uttered, or put off being of less value than the current coin as or for which the same shall be so tendered, uttered, or put off, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding one year, with or without hard labour, and with or without solitary confinement.] This provision is new. As to imprisonment and solitary confinement, see post, ss. 39, 40. This offence can be tried at quarter sessions. 14. Whosoever shall falsely make or counterfeit counter- any coin resembling or apparently intended to eopper'coin. resemble or pass for any of the queen's current copper coin ; and whosoever, without lawful au- thority or excuse (the proof whereof shall lie on the party accused), shall knowingly make or mend, < liegin or proceed to make or mend, or buy or sell, or have in his custody or possession («), any instrument, tool, or engine adapted and intended for the counterfeiting any of the queen's current copper coin ; or shall buy. sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any (a) As to custody or possession, see ante, sect. 1. 224 24 & 25 Vict. Cap. 99. false or counterfeit coin resembling or apparently intended to resemble or pass for any of the queen's current copper coin, at or for a lower rate or value than the same imports or was [apparently intended to import (a),] shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) "Coined or counterfeited for," 2 Will. 4, c. 34, s. 12. Framed on the 2 & 3 Will. 4, c. 34, part of sect. 12. As to imprisonment and solitary confinement, see post, ss. 39. 40. This offence can be tried at quarter sessions. uttering base 15. Whosoever shall tender, utter, or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the queen's current copper coin, knowing the same to be false or counterfeit, or shall have in his custody or pos- session (b) three or more pieces of false or counter- feit coin resembling or apparently intended to resemble or pass for any of the queen's current copper coin, knowing the same to be false or coun- terfeit, and with intent to utter or put off the same [or any of them,] shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be im- prisoned for any term not exceeding one year, with (&) As to custody or possession, see ante, sect. 1. Coinage Offences. 225 or without hard labour, aud with or without solitary confinement. Framed on the 2 & 3 Will. 4, c. 34, part of s. 12. As to imprisonment and solitary confinement, see post, ss. 39, 40. This offence can he tried at quarter sessions. 16. Whosoever shall deface auy of the queen's Defacing the current gold, silver, or copper coin, by stamping stamping thereon any names or words, whether such coin thereon. shall or shall not be thereby diminished or lightened, shall, in England and Ireland, be guilty of a misde- meanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the dis- cretion of the court, to be imprisoned for any term not exceeding one year, with or without hard labour. Framed on the 16 & 17 Vict. c. 102, s. 1. As to imprisonment, see post, s. 39. 17. No tender of payment in money made in Tender of any gold, silver, or copper coin so defaced by focednotfto stamping as in the last preceding section mentioned tendirfaid shall be allowed to be a legal tender ; and who- SneriSg to'e soever shall tender, utter, or put off any coin so same * defaced shall, on conviction thereof before two justices, be liable to forfeit and pay any sum not exceeding forty shillings : provided that it shall not be lawful for any person to proceed for any such last-mentioned penalty without the consent, in England or Ireland, of her majesty's attorney- general for England or Ireland respectively, or in Scotland of the lord advocate. Framed on the 16 & 17 Vict. c. 102, s. 2. As to the procedure before justices, see post, s. 41. An appeal lies to one of the superior courts, if either party is dissatisfied with the determination of the justices as being erroneous in point of law : 20 & 21 Vict. c. 43. l5 226 24 & 25 Yict. Cap. 99. Counterfeit- ing foreign gold and silver coin. 18. Whosoever shall make or counterfeit any kind of coin not being the queen's current gold or silver coin, but resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, shall, in Eng- land and Ireland, be guilty of felony, and in Scot- land of a high crime and offence, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 37 Geo. 3, c. 126, s. 2, and extended to Ireland. As to imprisonment and hard labour, see post, ss. 39, 40. This offence can be tried at quarter sessions. Bringing 19. Whosoever, [without lawful authority or such counter- _ „ fek coin into excuse (the proof whereof shall lie on the party kingdom. accused),] shall bring [or receive] into the united kingdom any such false or counterfeit coin re- sembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 37 Geo. 3, c. 12G, s. 3, and extended to Ireland. Coinage Offences. 22v As to imprisonment and solitary confinement, see post, ss. 39. 40. This offence can be tried at quarter sessions. 20. Whosoever shall tender, utter, or put off any JggjJ^ such false or counterfeit coin resembling or appa- ™? n nterfeit tenth- intended to resemble or pass for any gold or silver coin of ; Foreign prince, state, or country, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misde- meanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding six months, with or without hard labour. Framed on the 37 Geo. 3, c. 126, part of s. 4. As to imprisonment, see post, s. 39. This offence can be tried at quarter sessions. 21. Whosoever, having been so convicted as in Second ^ the last preceding section mentioned, shall after- uttering 1 ° , counterfeit wards commit the like offence of tendering, utter- foreign coin. ing, or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misdemeanor, and in Scotland of a crime and offence, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment : and whosoever, having been so convicted of Third i „ , «ii-i offence. a second offence, shall afterwards commit the like offence of tendering, uttering, or putting off any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, shall, in Eng- land and Ireland, be guilty of felony, and in Scot- land of a high crime and offence, and being convicted 228 24 & 25 Yict. Cap. 99. thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 37 Geo. 3, c. 126, part of s. 4. As to imprisonment and solitary confinement, see post, ss. 39, 40. The third offence cannot be tried at quarter sessions. See the note to s. 12, ante, p. 222. Persons 22. Whosoever shall falsely make or counterfeit counterfeit- ^ ing foreign a ny kind of coin not being the queen's current coin. coin other J than gold and but resembling or apparently intended to resemble silver coin. „ . ,i • i or pass for any copper com, or any other coin made of any metal or mixed metals of less value than the silver coin of any foreign prince, state, or country, shall, in England and Ireland, be guilty of a misde- meanor, and in Scotland of a crime and offence, and being convicted • thereof shall be liable, at the dis- cretion of the court, for the first offence to be im- prisoned for any term not exceediug one year, and for the second offence to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 43 Geo. 3, c. 139, s. 3. As to imprisonment and solitary confinement, see post, ss. 39, 40. These offences can be tried at quarter sessions. Penalty on 23. Whosoever, without lawful authority or having excuse (the proof whereof shall lie on the party live piece" of accused), shall have in his custody or possession («) (a) As to custody or possession, see mite, sect. 1. Coinage Offences. 229 any greater number of pieces than five pieces of ■™f , J g£g£ r - false or counterfeit coin resembling or apparently jgj^JJ* intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, or any such copper or other coin as in the last preceding section mentioned, shall, on conviction thereof before any justice of the peace, forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice, and shall for every such offence forfeit and pay any sum of money not exceeding forty shillings nor less than ten shillings for every such piece of false and counterfeit coin which shall be found in the custody or possession (a) of such person, one moiety to the informer, and the other moiety to the poor of the parish where such offence shall be committed ; and in case any such penalty shall not be forthwith paid it shall be lawful for any such justice to commit the person who shall have been adjudged to pay the same to the common gaol or house of correction, there to be kept to hard labour for the space of three months, or until such penalty shall be paid. (a) As to custody or possession, see ante, sect. 1. Framed on the 43 Geo. 3, c. 139, s. 6, and the 37 Geo. 3, c. 126, s. 6. As to the procedure on summary convictions, see post, s. 41. There is no appeal to the quarter sessions, although the conviction may be before one justice, and although an appeal is given in that case by the Larceny and Malicious Injuries Act, 24 & 25 Vict. cc. 96, 97, see ante, pp. 107, 164. Either party may, however, appeal to one of the superior courts, if dissatisfied with the determination of the justices as being erroneous in point of law : 20 & 21 Vict. c. 43. 24. Whosoever, without lawful authority or excuse Making, J mending or (the proof whereof shall lie on the party accused), shall having P os- v l i. J n session ofany knowingly make or mend, or begin or proceed to coining tools, felony. 230 24 & 25 Vict. Cap. 99. make or mend, or buy or sell, or have in his custody or possession (a), any puncheon, counter puncheon, matrix, stamp, die, pattern, or mould, in or upon which there shall be made or impressed, or which will make or impress, or which shall be adapted and intended to make or impress, the figure, stamp, or apparent resemblance of both or either of the sides of any of the queen's current gold or silver coin, [or of any coin of any foreign prince, state, or country (/>),] or any part or parts of both or either of such sides ; or shall make or mend, or begin or proceed to make or mend, or shall buy or sell, or have in his custody or possession («), any edger, edging [or other] tool, collar, instrument, or engine, adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures apparently resembling those on the edges of any such coin as in this section aforesaid, know- ing the same to be so adapted and intended as aforesaid ; or shall make or mend, or begin or pro- ceed to make or mend, or shall buy or sell, or have in his custody or possession (a), any press for coin- age, or any cutting engine for cutting by force of a screw or of any other contrivance, round blanks out of gold, silver, or other metal [or mixture of metals, or any other machine,] knowing such press to be a press for coinage, or knowing such engine [or machine] to have been used or to be intended to be used for or in order to the false making or counter- (a) As to custody or possession, see ante, sect. 1. (b) These words have been introduced apparently, in refer- ence to the case of Reg. v. Roberts, Dears. C. C. 539 ; 25 L. J. (N. S.) M. C. 17, although it was there held that to procure dies of foreign coin, with intent to make counterfeit foreign coin, (the offence provided for by sect. IS,) was an indictable misdemeanor, although not amounting to an attempt to com- mit the felony. Coinage Offences. 231 feiting of any such coin as in this section aforesaid* shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable, at the dis- cretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 2 & 3 Will. 4, c. 34, s. 10. As to imprisonment and solitary confinement, see post, ss. 39, 40. This offence cannot be tried at quarter sessions. 25. Whosoever, without lawful authority or ex- conveying cuse (the proof whereof shall lie on the party monies out accused), shall knowingly convey out of any of her without™ majesty's mints any puncheon, counter puncheon, felony?^ ' matrix, stamp, die, pattern, mould, edger, edging [or other] tool, collar, instrument, press, or engine used or employed in or about the coining of coin, or any useful part of any of the several matters afore- said, or any coin, bullion, metal, or mixture of metals, shall, in England and Ireland, be guilty of felony, and in Scotland of a high crime and offence, and being convicted thereof shall be liable at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 2 & 3 Will. 4, c. 34, s. 11. As to imprisonment and solitary confinement, see post, ss. 39, 40. This offence cannot be tried at quarter sessions. 26. Where any coin shall be tendered [as the Coinsus- J peeted to be 232 24 & 25 Vict. Cap. 99. diminished queen's current gold or silver coin] to any person or counter- ^ ° ... feit may be who shall suspect the same to be diminished other- cut by any . person to wise than by reasonable wearing, or to be counter- tendered, feit, it shall be lawful for such person to cut, break, Who shall [bend,] or deface such coin, and if any coin so cut, bear the loss. L ' J J . broken, [bent,] or defaced shall appear to be di- minished otherwise than by reasonable wearing, or to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight, and shall appear to be lawful coin, the person cutting, breaking, [bending,] or defac- ing the same is hereby required to receive the same at the rate it was coined for ; and if any dispute shall arise whether the coin so cut, broken, [bent,] or defaced be diminished in manner aforesaid, or counterfeit, it shall be heard and finally determined in a summary manner by any justice of the peace, who is hereby empowered to examine upon oath as well the parties as any other person, in order to the decision of such dispute ; and the tellers at the receipt of her majesty's exchequer, and their de- puties and clerks, and the receivers general of every branch of her majesty's revenue, are hereby re- quired to cut, break, or deface, or cause to be cut, broken, or defaced every piece of counterfeit or un- lawfully diminished gold or silver coin which shall be tendered to them in payment of any part of her majesty's revenue. Framed on the 2 & 3 Will. 4, c. 34, s. 13. Provision for 27. If any person shall find or discover in any the discovery ^ x J and seizure place whatever, or in the custody or possession (a) of counter- l ' . \ , feit coin and of any person having the same without lawful tools, tor authority or excuse, any false or counterfeit coin, («) As to custody or possession, see ante, sect. 1. Coinage Offences. 233 resembling or apparently intended to resemble or securing ° [ L •> them as pass for any of the queen's current gold, silver or evidence, and r J l . for ulti- copper coin, or any coin of any foreign prince, state, mately dis- , . posing of or country, or any instrument, tool, or engine what- them, soever, adapted and intended for the counterfeiting of any such coin, [or any filings or clippings, or any gold or silver bullion, or any gold or silver in dust, solution, or otherwise, which shall have been pro- duced or obtained by diminishing or lightening any of the queen's current gold or silver coin,] it shall be lawful for the person so finding or discovering and he is hereby required to seize the same, and to carry the same forthwith before some justice of the peace ; and where it shall be proved, on the oath of a credible witness before any justice of the peace, that there is reasonable cause to suspect that any person has been concerned in counterfeiting the queen's current gold, silver, or copper coin, or any such foreign or other coin as in this act before mentioned, or has in his custody or possession («) any such false or counterfeit coin, or any instru- ment, tool, or engine whatsoever adapted and in- tended for the making or counterfeiting of any such coin, [or any other machine used or intended to be used for making or counterfeiting any such coin, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise] as aforesaid, it shall be lawful for any justice of the peace, by warrant under his hand, to cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched, either in the day or in the night, and if any such false or counterfeit coin, or any such in- strument, tool, or engine, [or any such machine, or (a) As to custody or possession, see ante. sect. 1. 234 24 & 25 Vict. Cap. 99. any such filings, clippings, or bullion, or any such gold or silver in dust, solution, or otherwise] as aforesaid, shall be found in any place so searched, to cause the same to be seized and carried forthwith before some justice of the peace ; and whensoever any such false or counterfeit coin, or any such in- strument, tool, or engine, [or any such machine, or any such filings, clippings, or bullion, or any such gold or silver in dust, solution or otherwise] as aforesaid, shall in any case whatsoever be seized and carried before a justice of the peace, he shall, if necessary, cause the same to be secured, for the purpose of being produced in evidence against any person who may be prosecuted for any offence against this act : and all such false and counterfeit coin, and all instruments, tools, and engines adapted and intended for the making or counterfeiting of coin, [and all such machines, and all such filings, clippings, and bullion, and all such gold and silver in dust, solution, or otherwise] as aforesaid, after they shall have been produced in evidence, or when they shall have been seized, and shall not be re- quired to be produced in evidence, shall forthwith be delivered up to the officers of her majesty's mint, or to the solicitors of her majesty's treasury, or to any person authorized by them to receive the same. Framed on the 2 & 3 Will. 4, c. 34, s. 14 ; 37 Geo. 3, c. 126, s. 7 ; 43 Geo. 3, c. 139, s. 7. venue. 28. [Where any person shall tender, utter or put off any false or counterfeit coin in one county or jurisdiction, and shall also tender, utter, or put off any other false or counterfeit coin in any other county or jurisdiction, either on the day of such first-mentioned tendering, uttering, or putting off, Coinage Offences. 235 or within the space of ten days next ensuing, or] where two or more persons, acting in concert in different counties or jurisdictions, shall commit any offence against this act, every such offender may be dealt with, indicted, tried, and punished, and the offence laid and charged to have been com- mitted, in any one of the said counties or jurisdic- tion-, in the same manner in all respects as if the offence had been actually aud wholly committed within such one county or jurisdiction. Framed in part on the 2 & 3 Will. 4, c. 34, s. 15. 29. Where, upon the trial of any person charged what shall ' 1 hi be sufficient with any offence against this act, it shall be neces- proof of coin J . i i • • i being coun- sary to prove that any com produced in evidence terfeit. against such person is false or counterfeit, it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer, or other officer of her majesty's mint, but it shall be sufficient to prove the same to be false or coun- terfeit by the evidence of any other credible witness. Framed on the 2 & 3 Will. 4, c. 34, s. 17. The usual practice is, to call, as a witness, a silversmith of the town, where the trial takes place, who examines the coin in court in the presence of the jury. 30. Every offence of falsely making or counter- Where the J J . . counterfeit- feitine [any I coin, for of buying, selling, receiving, ingcoinshaii . , . . . , . n> t> be complete. paying, tendering, uttering or putting off, or of offering to buy, sell, receive, pay, utter, or put off, any false or counterfeit coin,] against the provisions of this act, shall be deemed to be complete, although the coin so made or counterfeited, [or bought, sold, received, paid, tendered, uttered, or put off,] or offered to be bought, sold, received, paid, uttered. 236 24 & 25 Vict. Cap. 99. or put off, shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected. Framed on the 2 & 3 Will. 4, c. 34, part of s. 3. Any person may appre- hend any person com- mitting any indictable offence against this act. 31. [It shall be lawful for any person whatsoever to apprehend any person who shall be found com- mitting any indictable offence, or any high crime and offence, or crime and offence, against this act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a justice of the peace or some other proper officer, to be dealt with according to law.] This provision is new. No certiorari, &c. 32. No conviction for any offence punishable on summary conviction under this act shall be clashed for want of form, or be removed by certiorari into any of her majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same. Framed on the 37 Geo. 3, c. 126, s. 8, and the 43 Geo. 3, c. 139, s. 8. See the note to s. 23. Venue in proceedings against per- sons acting under this act. Notice of action. 33. All actions and prosecutions to be commenced against any person for anything done in pursuance of this act shall, in England or Ireland, be laid and tried in the county where the fact was committed, and shall, in England, Ireland, or Scotland, be commenced within six months after the fact com- mitted, and not otherwise ; and notice in writing of such action and of the cause thereof shall be given Coinage Offences. 2 %7 to the defendant or defender one month at least before the commencement of the action ; and in any General , , issue. such action brought in England or Ireland the de- fendant may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon, and in Scotland the defender may insist on all relevant defences ; and no plaintiff Tender of J .p , j amends, &c. or pursuer shall recover in any such action it tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant or de- fender ; and if, in England or Ireland, a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, or if, in Scotland, the verdict shall be for the defender, or if the pursuer shall abandon the action, or the court shall dismiss it as irrelevant or improperly laid, in every such case the defendant or defender shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant or defender has by law in other cases ; and though a verdict shall be given for the plaintiff or pursuer in any such action, such plain- tiff or pursuer shall not have costs against the de- fendant or defender, unless the judge before whom the trial shall be shall certify his approbation of the action. Framed on the 2 & 3 Will. 4, c. 34, s. 22. See also the 37 Geo. 3, c. 126, s. 9 ; and 43 Geo. 3, c. 139, s. 9. 34. All high crimes and offences, and crimes J£JJ ta and offences, against this act, which may be com- Scotland. mitted in Scotland, shall be proceeded against and 238 24 & 25 Vict. Cap. 99. tried according to the rules and procedure of the criminal law of Scotland ; and all proceedings by this act made competent before any justice or justices, and all and every the powers and authori- ties by this act given to or conferred upon any such justice or justices, shall, in Scotland, be competent before and may be exercised by any sheriff, magis- trate, or justice of the peace. Framed on the 2 & 3 Will. 4, c. 34, s. 15. Tf^rincT'ai 1 *^' ^ n ^ e case 0I> every felony punishable under in the second the act, every principal in the second degree, and degree, and j l l o accessories, every accessory before the fact, shall be punishable in the same manner as the principal in the first de- gree is by this act punishable ; and every accessory after the fact to any felony punishable under this act shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 2 & 3 Will. 4, c. 34, s. 18. See the Ac- cessories and Abettors Act, 24 & 25 Vict. c. 94, ss. 1, 2, 4, and notes, ante, pp. 1, 3, from which it will be seen that this section is merged in the general provisions of that act. As to persons assisting in misdemeanors, see s. 8 of the same statute and note, ante, p. 5. Therefore all persons who are engaged in the common purpose of uttering counterfeit coin, although the uttering be by one only in the absence of the others, may be jointly convicted of uttering. Reg.x. Green- wood, 2 Den. C. C. 453 ; S. C. 21 L. J. (N. S.) M. C. 127, over- ruling some older cases. Offences committed within the jurisdiction of the ad- miralty. 36. All indictable offences mentioned in this act which shall be committed within the jurisdiction of the admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the Coinage Offences. 2&9 offender shall be apprehended or be in custody, in the same manner in all respects as if the same had been actually committed in that county or place, and in any indictment for any such offence, or for being accessory to any such offence, the venue in the margin shall be the same as if such offence had been committed in such county or place, and the offence itself shall be averred to have been com- mitted "on the high seas ;" [and where any of the crimes and offences, or high crimes and offences, mentioned in this act, shall be committed at sea, and the vessel in which the same shall be committed shall be registered in Scotland, or touch at any part thereof, the courts of criminal law of Scotland may inquire, try, and determine the same in the same manner as if such crime and offence, or high crime and offence, had been committed in Scotland ;] pro- vided that nothing herein contained shall alter or affect any of the laws relating to the government of her majesty's land or naval forces. Framed on the 2 & 3 Will. 4, c. 34, s. 20. So far as re- spects accessories this provision is merged in the 24 & 25 Vict. c. 94, s. 9. See ante, pp. 5, 6. 37. [Where any person shall have been convicted What shall n ' jy> .... „ be sufficient ot any ottence against this act, or any former act evidence of relating to the coin, and shall afterwards be indicted foraprevious for any offence against this act committed subse- offence - quent to such conviction, it shall be sufficient in any such indictment, after charging such subse- quent offence, to state the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence ; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence, purporting to 240 24 & 25 Vict. Cap. 99. be signed by the clerk of the court or other officer having or purporting to have the custody of the records of the court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the previous conviction, without proof of the signature or official character or authority of the person appearing to have signed the same, or of his custody or right to the custody of the records of the court, and for every such certificate a fee of six shillings and eight- pence, and no more, shall be demanded or taken ; when the and the proceedings upon any indictment for corn- previous . . . . . conviction mittmg any offence after a previous conviction or proved on convictions shall be as follows ; (that is to say,) the offender shall, in the first instance, be arraigned upon so much only of the indictment as charges the subsequent offence, and if he plead not guilty, or if the court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire concerning such subsequent offence only ; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the indictment, and if he answer that he had been so previously convicted the court may proceed to sentence him accordingly, but if he deny that he had been so previously con- victed, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concerning such previous con- viction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry : provided that if upon the trial of any person for any Coinage Offences. 241 such subsequent offence such person shall give evi- dence of his good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences, before such verdict of guilty shall be returned, and the jury shall inquire con- cerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.] This section is new so far as offences against the coin are concerned. The first part of this section is however framed on the 7 & 8 Geo. 4, c. 28, s. 11, which is thus extended to offences against the coin. Under the repealed statute, 2 Will. 4, c. 34, s. 9, a certified copy of the record was necessary. Now a certificate only will be sufficient. As to that part of the section which regulates the proceedings upon the indictment, see the note to sect. 1 16 of the Larceny Act, 24 & 25 Vict. c. 96, ante, p. 1 1 5. There is a difficulty, however, under this section in charging the subsequent offence as & felony without previously showing that which makes it a felony, namely, the previous conviction for misdemeanor. Moreover, arraigning the prisoner for the subsequent offence as for a felony, is equivalent to saying that the prisoner has been before convicted. The legislature per- haps relies upon the ignorance of the jury as to this dis- tinction. 38. Whenever any person shall be convicted of Fine and any indictable misdemeanor punishable under this keeping the act the court may, if it shall think fit, in addition wTafcases. to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour ; and in case of any felony punishable under this act, the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punish- ment by this act authorized ; provided that no per- M 242 24 & 25 Vict. Cap. 99. son shall be imprisoned under this clause for not finding sureties for any period exceeding one year. Hard labour. 39. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction. This section follows the 7 & 8 Geo. 4, c. 29, s. 4. Solitary confinement. 40. Whenever solitary confinement may be awarded for any offence under this act, the court may direct the offender to be kept in solitary con- finement for any portion or portions of his imprison- ment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year. Framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5. Summary proceedings in England may be under the 11 & 12 Vict. c. 43, and in Ire- land under the 14 & 15 Vict. c. 93. Except in 41. [Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the act of the session holden in the eleventh and twelfth years of queen Victoria, chapter forty-three, and may be prosecuted in Ireland before two or more justices of the peace, or one metropolitan or stipendiary magistrate, in the manner directed by the act of the session holden in the fourteenth and fifteenth years of queen Victoria, chapter ninety-three, or in such other manner as may be directed by any act that may be passed for like purposes ; and all provisions con- tained in the said acts shall be applicable to such prosecutions in the same manner as if they were in- corporated in this act : provided that nothing in Coinage Offences. 243 this act contained shall in any manner alter or London and afreet any enactment relating to procedure m the poiitan case of any offence punishable on summary con- trict. viction within the city of London or the metropo- litan police district, or the recovery or application of any penalty or forfeiture for any such offence.] 42. [In all prosecutions for any offence against Costs of this act in England, which shall be conducted under tions. the direction of the solicitors of her majesty's treasury, the court before which such offence shall be prosecuted or tried shall allow the expenses of the prosecution in all respects as in cases of felony ; and in all prosecutions for any such offence in England which shall not be so conducted it shall be lawful for such court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner ; and every order for the payment of such costs shall be 'made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.] The costs of prosecutions by direction of the treasury have been heretofore paid by the treasury. 43. This act shall commence and take effect on Commence- the first day of November, one thousand eight hundred and sixty-one. 24 & 25 Vict. Cap. 100. An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person. [6th August, 1861.] Whereas it is expedient to consolidate and amend m2 244 24 & 25 Vict. Cap. 100. the statute law of England and Ireland relating to offences against the person : be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present parliament assembled, and by the authority of the same, as follows : Homicide. Murder. 1. Whosoever shall be convicted of murder shall suffer death as a felon. See the 9 Geo. 4, c. 31, s. 3, and the Irish Act, 10 Geo. 4, c. 34, s. 4. This offence cannot be tried at quarter sessions. 2. Upon every conviction for murder the court shall pronounce sentence of death, and the same may be carried into execution, and all other pro- ceedings upon such sentence and in respect thereof may be had and taken, in the same manner in all respects as sentence of death might have been pro- nounced and carried into execution, and all other proceedings thereupon and in respect thereof might have been had and taken, before the passing of this act, upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon. Framed on the 6 & 7 Will. 4, c. 30, s. 2. The 4 Geo. 4, c. 48 (unrepealed), empowers the court to abstain from pro- nouncing sentence of death on persons convicted of any felonies except murder, and to record judgment of death in- stead. The b' & 7 Will. 4, c. 30, s. 2, enacted that "sentence of death may be pronounced after convictions for murder in the same manner, and the judge shall have the same power in all respects as after convictions for other capital offences." By the 7 Will. 4 & 1 Vict. c. 77, s. 3, the Central Criminal Court was empowered to record sentence of death in any capital crime. This last provision is however now expressly repealed, so far as relates to murder (see ante, p. 15), as well as the G & 7 Offences against the Person. 245 Will. 4, c. 30. It seems, therefore, that now there is no power to any court to record sentence of death in any case of mur- der, as the section commences by saying the court shall pro- nounce sentence of death, and where judgment of death is recorded the sentence is not pronounced at all. It is to i be regretted, however, that more precise terms were not used in a matter of so much importance. 3. The body of every person executed for mur- £wiyto be der shall be buried within the precincts of the prison. prison in which he shall have been last confined after conviction, and the sentence of the court shall so direct. See the 2 & 3 Will. 4, c. 75, s. 16, and 4 & 5 Will. 4, c. 26, s. 2, both repealed. 4. All persons who shall conspire, confederate, conspiring or p.,111 soliciting to and agree to murder any person, [_wnetner he oe a commit subject of her majesty or not, and whether he be murder - within the queen's dominions or not,] and whoso- ever shall solicit, encourage, persuade, or endea- vour to persuade, or shall propose to any person, to murder any other person, [whether he be a sub- ject of her majesty or not, and whether he be within the queen's dominions or not,] shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not more than ten and not less than three years,— or to be im- prisoned for any term not exceeding two years, with or without hard labour. Framed on the Irish Act, 10 Geo. 4, c. 34, ss. 8, 9, and now extended to England. By that act, however, the offence was a capital felony, and as the bill passed the Lords and the com- mittee of the House of Commons it was treated as a felony, although the committee of the House of Commons were equally divided upon the point. On the third reading misdemeanor was substituted for felony. The words in brackets in this section, and in sect. 9, are inserted in reference to a question recently raised and dis- cussed upon the occasion of a person being indicted at the 24 & 25 Vict. Cap. 100. Central Criminal Court, under a special commission, as an accessory before the fact to the murder of one Batty, in Paris, by Orsini and others. It was objected that there was no proof of any murder having been committed within the mean- ing of the 9 Geo. 4, c. 31, s. 7, because (among other reasons) that the murder was committed in France, by aliens, upon an alien, and it was also objected that no evidence could be re- ceived of acts done by the prisoner on land out of the united kingdom, and out of the queen's dominions. The points were not decided, but reserved for the Court of Criminal Appeal. The prisoner, however, was acquitted : see Reg. v. Bernard, 1 Foster & Fin. 240. This offence cannot be tried at quarter sessions : 5 & 6 Vict. c. 38. 5. Whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, or to pay such fine as the court shall award, in addition to or without any such other discre- tionary punishment as aforesaid. Framed on the 9 Geo. 4, c. 31, s. 9, and the Irish Act, 10 Geo. 4, c. 34, s. 12. Manslaughter is a felony at common law. This offence cannot be tried at quarter sessions. 6. In any indictment for murder or manslaugh- ter, for for being an accessory to any murder or manslaughter,] it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the de- ceased ; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously, kill and slay the deceased ; [and it shall be sufficient in any indictment against any acces- sory to any murder or manslaughter to charge the Offences against the Person. 247 principal with the murder or manslaughter (as the case may be) in the manner hereinbefore specified, and then to charge the defendant as an accessory in the manner heretofore used and accustomed.] Framed on the 14 & 15 Vict. c. 100, s. 4, previous to which it was necessary to allege the particular cause of death. The provision respecting the mode of charging accessories, only applies to accessories after the fact, as every accessory belore the fact may be indicted in all respects as if he were a prin- cipal felon. See the 24 & 25 Vict. c. 94, s. 1, ante, p. 1. It may be stated here that on an indictment for murder the accused may be convicted of manslaughter, or he may be con- victed of an attempt to murder (see 14 & 15 Vict. c. 100, s. 9, ante, p. 62, note), or in case of child murder (under sect. 60, post) of concealment of birth. 7. No punishment or forfeiture shall be incurred ^xcusaWe by any person who shall kill another by misfortune or in his own defence, or in any other manner without felony. This section follows the language of the 9 Geo. 4, c. 31, s. 10, and of the Irish Act, 10 Geo. 4, c. 34, s. 13. 8. Every offence which before the commence- Petit treason. ment of the act of the ninth year of king George the fourth, chapter thirty-one, would have amounted to petit treason, shall be deemed to be murder only, and no greater offence ; and all persons guilty in respect thereof, whether as principals or as acces- sories, shall be dealt with, indicted, tried, and punished as principals and accessories in murder. This section follows the 9 Geo. 4, c. 31, s. 2, and the corre- sponding Irish Act, 10 Geo. 4, c. 34, s. 3. Petit treason was the murder of a husband by his wife, or of a master by his servant, or of a bishop by his subordinate in the church, for being an act of treachery, or breach of allegiance, it came within the term treason, which is derived from the French trahison. See, as to accessories, the note to section 6. 9 Where any murder or manslaughter shall be Murder J . , . . or man- committed on land out of the united kingdom, slaughter abroad. 248 24 & 25 Vict. Cap. 100. whether within the queen's dominions or without, [and whether the person killed were a subject of her majesty or not,] every offence committed by any subject of her majesty, in respect of any such case, [whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter,] may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in that county or place ; provided that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or man- slaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this act. Framed on the 9 Geo. 4, c. 31, s. 7, and the corresponding Irish Act, 10 Geo. 4, c. 34, s. 10. See, as to the new clauses introduced, the note to sect. 4, ante, p. 245. See also the 18 & 19 Vict. c. 91, s. 21, ante, p. 6 (note). Provision for 10. Where anv person, being feloniously stricken, the trial of . . , . , , murder poisoned, or otherwise hurt upon the sea, or at any slaughter place out of England or Ireland, shall die of such death or stroke, poisoning, or hurt in England or Ireland, death only or > being feloniously stricken, poisoned, or other- En P /iandor w i s0 hurt at any place in England or Ireland, shall Ireland. jj e f guch stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, in- quired of, tried, determined, and punished in the Offences against the Pehson. 249 county or place in England or Ireland in which such death, stroke, poisoning, or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place. Framed on the 9 Geo. 4, c. 31, s. 8, and the corresponding Irish Act, 10 Geo. 4, c. 34, s. 11. By the 23 & 24 Vict. c. 122, power is given to colonial legislatures to make a correspond- ing law. This provision is intended to prevent a defeat of justice, which without it might arise from the difficulty of trial in cases of homicide, where the death occurs in a different place from that at which the blow causing it was given. The sec- tion, therefore, does not make a homicide cognizable in the courts of this country by reason of the death occurring here, unless it would have been so cognizable in case the death had ensued at the place where the blow was given. Therefore, where a foreigner inflicted a blow on another, in a foreign vessel on the high seas, and the person struck landed in Eng- land and died there, it was held that the homicide was not cognizable by the courts of this country, for if death had en- sued in the foreign vessel no offence cognizable by the laws of this country would have taken place, and consequently the provision in the text was inapplicable. Reg. v. Lewis, 1 Dears. & B. 182 ; 26 L. J. (N. S.) M. C. 104. See also R. v. Serva, 1 Den. C. C. 104, and the judgment oi Alder son, B., in that case, printed in the Selections from his charges and other detached Papers, p. 273. As to offences by British subjects in foreign vessels, see the 18 & 19 Vict. c. 91, s. 21, ante, p. 6 (note). Attempts to murder. 11. Whosoever shall administer to or cause [to Administer- ing poison, be administered to or] to be taken by any person or wounding • • / \ 1111 w ' tn intent any poison or other destructive thing (a), or shall by to murder. any means whatsoever wound or cause any grievous bodily harm (b) to any person, with intent in any («) It is an offence within this section, although the poison was administered in a form that could not do injury. Reg. v. Cluderay, 19 L. J. (N. S.) M. C. 116; 1 Den. C. C.514. (b) Exposing a child to cold and wet, with intent that it should die, is not within this provision. Reg. v. Gray, 1 Dears. & B. 303 ; 26 L. J. (N. S.) M. C. 203. See the new provision in sect. 27, post. M 5 250 24 & 25 Vict. Cap. 100. of the cases aforesaid to commit murder, shall be guilty of felony, aud being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 Will. 4 & 1 Vict. c. 85, s. 2, by which, however, the offences here mentioned were capital. The bill, as originally drawn, retained the capital punishment for administering poison with intent to murder, but that part was struck out by the committee of the House of Commons. As to imprisonment and solitary confinement, see post, ss. 69, 70. This offence cannot be tried at quarter sessions. By the 14 & 15 Vict. c. 19, s. 5 (unrepealed), " If upon the trial of any indictment for any felony, except murder or man- slaughter, where the indictment shall allege that the defendant did cut, stab, or wound any person, the jury shall be satisfied that the defendant is guilty of the cutting, stabbing, or wound- ing charged in such indictment, but are not satisfied that the defendant is guilty of the felony charged in such indictment, then, and in every such case, the jury may acquit the defend- ant of such felony, and find him guilty of unlawfully cutting, stabbing, or wounding, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misdemeanor of cutting, stabbing, or wounding." One or more of several persons indicted may be found guilty of unlawfully wounding, although another or others are convicted of the graver offence charged. Reg. v. Cunningham, 28 L. J. (N. S.) M. C. 66. Destroying or damaging a building with gun- powder, with intent to murder. 12. Whosoever, by the explosion of gunpowder or other explosive substance, shall destroy or damage any building with intent to commit mur- der, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without soli- tary confinement. Framed on the 9 & 10 Vict. c. 25, s. 2. Offences against the Person. 251 13. Whosoever shall set fire to any ship or vessel Setting fire E . 1 to or casting or any part thereof, or any part of the tackle, away a ship ... _ , , with intent apparel or furniture thereof, or any goods or chat- to murder. tels being therein,] or shall cast away or destroy any ship or vessel, with intent in any of such cases to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and Avith or without solitary confinement. Framed on the 7 Will. 4 & 1 Vict. c. 89, s.4, by which the offence was capital. This offence cannot be tried at quarter sessions. 14. Whosoever shall attempt to administer to [or Attempting , . to administer shall attempt to cause to be administered to or to poison, or iii-i • it shooting or be taken byj any person any poison or other de- attempting structive thing, or shall shoot at any person (a), or attempting to shall, by drawing a trigger or in any other manner, with "intent' attempt to discharge any kind of loaded arms at any person, or shall attempt to drown, suffocate or strangle any person, with intent, in any of the cases aforesaid, to commit murder, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not ex- («) If a person shoot at B. supposing he is A., and intend- ing to murder A., he may, nevertheless, be convicted of shoot- ing at B. with intent to murder B. Keg. v. Smith, Dears. C. C. 559; 25 L. J., M. C. 29. to murder. 24 & 25 Yict. Cap. 100. ceeding two years, with or without hard labour, aud with or without solitary confinement. Framed on the 7 Will. 4 & 1 Vict. c. 85, s. 3. As to imprisonment and solitary confinement, see post, ss. 69, 70. As the actual administering, or wounding with the same intent, is now punishable in the same way, this and the fol- lowing section might have been amalgamated with sect. 11. As to attempts to commit felony generally, see the 14 & 15 Vict. c. 100, s. 9 (unrepealed), ante, p. 62, note. This offence cannot be tried at quarter sessions. 15. [Whosoever shall, by any means other than those specified in any of the preceding sections of this act, attempt to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard laboui', and with or without solitary confine- ment.] This is new. See the observation in the note to the last section. As to imprisonment and solitary confinement, see post, ss. 69, 70. This offence cannot be tried at quarter sessions. Sending letters threatening to murder. Letters threatening to murder. 16. Whosoever shall maliciously send, deliver or utter, [or directly or indirectly cause to be re- ceived,] knowing the contents thereof, any letter or writing threatening to kill or murder any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years aud not less than three Offences against the Person. 253 years, — or to be imprisoned for any term not ex- ceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 4 Geo. 4, c. 54, part of s. 3, and 10 & 11 Vict. c. 06, s. 1. As to imprisonment, solitary confinement, and whipping, see post, ss. 0'9, 70. This offence is now triable at quarter sessions, but the com- mittal ought to be to the assizes, for by the 5 & 6 Vict. c. 38, it was excluded from the jurisdiction of quarter sessions as an offence then punishable by transportation for life. Acts causing or tending to cause Danger to Life or bodily Harm. 17. Whosoever shall [unlawfully and malicious- impeding a ly («)] prevent or impede any person, being on board deavourmg of or having quitted any ship or vessel which shall sei^n-on™" be in distress, or wrecked, stranded or cast on shore, shi P wreck - in his endeavour to save his life, [or shall unlaw- fully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) " By force," 7 Will. 4 & 1 Vict. c. 89, s. 7. Framed on the 7 Will. 4 & 1 Vict. c. 89, s. 7. As to imprisonment and solitary confinement, see post, ss. 69, 70. This offence cannot be tried at quarter sessions. 18. Whosoever shall unlawfully and maliciously shooting or " ■ _ attempting [by any means whatsoever] wound [or cause any to shoot, or 254 24 & 25 Yict. Cap. 100. wounding with intent to do griev- ous bodily harm. grievous bodily harm to any person,] or shoot at any person, or, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful ap- prehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Framed on the 7 Will. 4 & 1 Vict. c. S5, s. 4. The offender may be convicted of unlawfully wounding under the 14 & 15 Vict. c. 19, s. 5, ante, p. 250 (note). As to imprisonment and solitary confinement, see post, ss. 69, 70. A married woman, acting under the coercion of her husband, not herself personally inflicting any violence, cannot be convicted. Reg. v. Smith, 27 L. J. (N. S.) M. C. 204. This offence cannot be tried at quarter sessions. What shall jo, [Any gun, pistol or other arms, which shall loaded arms, be loaded in the barrel with gunpowder or any other explosive substance, and ball, shot, slug or other destructive material, shall be deemed to be loaded arms within the meaning of this act, al- though the attempt to discharge the same may fail from want of proper priming or from any other cause.] inflicting 20. Whosoever shall unlawfully and maliciously- bodily injury > J J with or with- wound or inflict any grievous bodily harm upon out weapon. . , . . any other person, either with or without any weapon or instrument, shall be guilty of a mis- demeanor, and being convicted thereof shall be Offences against the Person. 255 liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 14 & 15 Vict. c. 19, s. 4 ; and see the Irish Act, 10 Geo. 4, c. 34, s. 29. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. 21. [Whosoever shall, by any means whatsoever, £*£$?* attempt to choke, suffocate or strangle any other £■£££* person, or shall, by any means calculated to choke, «»j[*jj£^ suffocate or strangle, attempt to render any other person insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indict- able offence, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour.] This is a new provision, intended to meet the offence of " g As to aue'mpts generally, see 14 & 15 Vict. c. 100 s 9, ante, p. 62, note to sect. 8, 24 & 25 Vict. c. 97, ante, p. \li. As to imprisonment, see post, s. 69. This offence cannot be tried at quarter sessions. 22. Whosoever shall unlawfully apply or ad- JJ£g*£ minister to [or cause to be taken by,] or attempt to to commit apply or administer to [or attempt to cause to be ab ie offence. administered to or taken by,] any person any chloroform, laudanum, or other stupefying or over- powering drug, matter or thing, with intent in any 24 & 25 Vict. Cap. 100. of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any other term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 14 & 15 Vict. c. 19, s. 3. As to imprisonment, see post, s. 69. This offence cannot be tried at quarter sessions. 23. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to en- danger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceed- ing two years, with or without hard labour. This section follows the language of sect. 1 of the 23 Vict* c. 8, which was passed because the law had been " found in- sufficient to protect persons from the unlawful administering of poison, except in cases where the intent is to commit murder." See sect. 25, infra. As to imprisonment, see post, s. 69. This offence is triable at quarter sessions, but justices would do right to commit to the assizes. Maliciously 24. Whosoever shall unlawfully and maliciously Lgpoison," administer to or cause to be administered to or ten'uo thm " taken by any other person any poison or other Offences against the Person. 257 destructive or noxious thing, with intent to injure, ™i™; *b- aggrieve or annoy such person, shall he guilty of annoy a „y^ a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. This section follows the 23 Vict. c. 8, s. 2 ; see the note to the last section. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. 25. If, upon the trial of any person for any if the jury felon v in the last but one preceding section men- tied that any person tioned, the jury shall not be satisfied that such per- charged is son is guilty thereof, but shall be satisfied that he fJiony.Vt is guilty of any misdemeanor in the last preceding m isd e_ section mentioned, then and in every such case the ^"find^m jury may acquit the accused of such felony, and {3^ find him guilty of such misdemeanor, and there- upon he shall be liable to be punished in the same manner as if convicted upon an indictment for such misdemeanor. This section follows the 23 Vict c. 8, s. 3. 26. Whosoever, being legally liable, either as a Not pro- .-■n , • viding ap- master or mistress, to provide tor any apprentice or prentices or servant necessary food, clothing, or lodging, shall wUhfood, wilfully and without lawful excuse refuse or neglect ufe'en- ere y to provide the same, or shall [unlawfully and ma- dan s ered - liciously do or cause to be done any bodily harm (a) to] any such apprentice or servant, so that the life of such apprentice or servant shall be endangered, or the health of such apprentice or servant shall have been or shall be likely to be permanently in- («) "Assault," 14 & 15 Vict. c. 11. s. 1. 258 24 & 25 Vict. Cap. 100. jured, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 14 & 15 Vict. c. 11, s. 1. See post, s. 73, as to the institution of prosecutions by guardians and overseers, and s. 69, as to imprisonment. This section, as originally drawn and as it passed the Lords in 1860, included husband, parents, guardians, committees, and nurses, in the penal consequences, and extended the protection to a wife, child, ward, lunatic, idiot, or infant, but this extension of the original act was rejected by the com- mittee of the House of Commons, but the next clause was inserted by them. As to the common law offence of keeping children without sufficient food, and evidence, see Reg. v. Chandler, Dears. C. C. 453 ; 24 L. J. (N. S.) M. C. 100. This offence can be tried at quarter sessions. Exposing 27. [Whosoever shall unlawfully abandon or ex- ^hereby life pose any child, being under the age of two years, endangered. whereby tlie uf e f suc h child shall be endangered, or the health of such child shall have been or shall be likely to be permanently injured, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.] This is a new provision intended to meet the cases of Reg. v. Cooper, 1 Den. C. C. 459 ; 18 L. J. (N. S.) M. C. 168 ; Reg. v. Hogati, 2 Den. C. C. 277; 20 L. J. (N. S.) M. C. 219; and Reg. v. Gray, ante, note (a) to s. 11.) In Reg. v. Hogan, it was held that an indictment against the mother of an illegitimate child for abandoning it, could not be sustained as an indictment for neglect of natural duty without an averment that the prisoner had the means of supporting it. or that the child's health had suffered. Wiiy the age of two years was fixed upon does not appear. As to imprisonment, see post, s. 69. Offences against the Person. 259 This offence can be tried at quarter sessions, but the character of the offence is such that justices would do right to commit to the assizes. 28. Whosoever shall unlawfully and maliciously, Causing ii i bodily injury by the explosion of gunpowder or other explosive by gun- substance, burn, maim, disfigure, disable, or do any po grievous bodily harm to any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confine- ment, and, if a male under the age of sixteen years, with or without whipping. Framed on the 9 & 10 Vict.c. 25, s. 3. As to imprisonment, solitary confinement and whipping, see post, s. 69. This offence cannot be tried at quarter sessions. 29. Whosoever shall unlawfully and maliciously Causing gun- . powder to cause any gunpowder or other explosive substance explode, or .,,,,. i sending to to explode, or send or deliver to or cause to be any person , .-ii i • an explosive taken or received by any person any explosive substance, or substance or any other dangerous or noxious thing, throwin corrosive [or put or lay at any place,] or cast or throw at p^onl'with intent to do grievous or upon or otherwise apply to any person, any cor rosive fluid or any destructive or explosive sub- bodily harm stance, with intent in any of the cases aforesaid to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term 260 24 & 25 Vict. Cap. 100. not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 9 & 10 Vict c. 25, s. 4. As to imprisonment, solitary confinement and whipping, see post, ss. 09, 70. This offence cannot be tried at quarter sessions. powder ifear" 30. Whosoever shall unlawfully and maliciously wlthlntent pl ace or throw in, into, upon, against, or near any to do bodily building, ship, or vessel any gunpowder or other injury to any " l ' J ~ L person. explosive substance, with intent to do any bodily injury to any person, shall, whether or not any ex- plosion take place, and whether or not any bodily injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or with- out whipping. Framed on the 9 & 10 Vict. c. 25, s. 6. As to imprisonment, solitary confinement and whipping, see post, ss. 69, 70. This offence may be tried at quarter sessions ; but see the note to s. 10, 24 & 25 Vict. c. 97, ante, p. 125. setting 31. Whosoever shall set or place, or cause to be sprin" guns, in- i &c, with in- set or placed, any spring gun, man trap, or other engine calculated to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor, and being convicted thereof shall tent to inflict grievous bodilv harm. Offences against the Person. 261 be liable, at the discretion of the court, to be kept in pencil servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without bard labour; and whosoever shall knowingly and wilfully permit any such spring gun, man trap, or other engine, which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person, to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid : pro- vided that nothing in this section contained shall extend to make it illegal to set or place any gin or trap such as may have been or may be usually set or placed with the intent of destroying vermin : provided also, that nothing in this section shall be deemed to make it unlaAvful to set or place or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or placed, or caused or continued to be set or placed, in a dwelling house, for the protection thereof. Framed on the 7 & 8 Geo. 4, c. 18, ss. 1, 2, 3, and 4. This offence may be tried at quarter sessions. 32. Whosoever shall [unlawfully] and mali- Placing , . ,, ., wood, &c. on ciously put or throw upon or across any railway a railway, any wood, stone, or other matter or thing, or shall to' endanger [unlawfully («)] and maliciously take up, remove, P assen s ers - or displace any rail, sleeper, or other matter or thing belonging to any railway (6), or shall [uulaw- («) " Wilfully," 14 & 15 Vict. c. 19, s. 6. (b) There is no definition of " railway " in the present or in the repealed statute, 14 & 15 Vict. c. 19, although there is in the 3 & 4 Vict. c. 97, (see the note to sect. 34, infra.) From the context, however, it must be a railway for the con- veyance of passengers. 262 24 & 25 Vict. Cap. 100. fully (a)] and maliciously turn, move, or divert any points or other machinery belonging to any rail- way, or shall [unlawfully (a)] and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall [unlawfully (a)] and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to endanger the safety of any person travelling or being upon such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping. (a) "Wilfully," 14 & 15 Vict. c. 19, s. 6. Framed on the 14 & 15 Vict. c. 19, s. 6 ; see the 24 & 25 Vict. c. 97, s. 35, and note, ante, p. 144. As to imprisonment and whipping, see post, ss. 69, 70. This offence cannot be tried at quarter sessions. Casting stone, &c. upon a rail- way carriage, with intent to endanger the safety of any person therein. 33. Whosoever shall [unlawfully (&)] and ma- liciously throw, or cause to fall or strike, at, against, into, or upon any engine, tender, carriage, or truck used upon any railway, any wood, stone, or other matter or thing, with intent to injure or endanger the safety of any person being in or upon such engine, tender, carriage, or truck, [or in or upon any other engine, tender, carriage, or truck of any train of which such first-mentioned engine, tender, carriage, or truck shall form part,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less (b) " Wilfully," 14 & 15 Vict. c. 19, s. 7. by railway. Offences against the Person. 263 than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 14 & 15 Vict. c. 19, s. 7. As to imprisonment, see post, s. 69. This offence cannot he tried at quarter sessions. 34. Whosoever, by any [unlawful] act, [or by Doing or any wilful omission or neglect,] shall endanger thing to en- -n i /» /» danger [or cause to be endangered] the safety of any per- passengers son conveyed or being in or upon a railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be impri- soned for any term not exceeding two years, with or without hard labour. Framed on the 3 & 4 Vict. c.97,s. 15, now repealed, by which it was enacted, " that every person who shall wilfully do or cause to be done anything in such a manner as to obstruct any engine or carriage using any railway, or to endanger the safety of persons conveyed in or upon the same, or shall aid or assist therein, shall be guilty of a misdemeanor," &c, see the substituted provision in respect to the obstruction of an engine or carriage, 24 & 25 Vict. c. 97, s. 36, ante, p. 145. The intention of the legislature was, to punish those who do acts likely to cause danger, and it is not necessary that there should be an actual accident. In Reg. v. Bradford, 29 L. J. (N. S.) M. C. 171, it was accordingly held that the placing a truck across a railway line, in such a manner that, if a carriage or engine came along the line, its passage would be obstructed, and the safety of passengers endangered, was an offence within both branches of the section, although the railway had not been actually opened for passenger traffic, but its line was confined to the carriage of materials and workmen, and the truck was discovered and removed before a collision occurred. It is to be observed, that by the 3 & 4 Vict. c. 97, s. 21, the word "railway" in that act, extended "to all railways constructed under the powers of any act of parliament, and intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam, or by any other mechanical power." Sect. 34 of the new act substituted for sect. 15, cannot now be read with this interpretation. Never- theless, the decision in Reg. v. Bradford, did not, apparently, turn upon the interpretation clause. 264 24 & 25 Vict. Cai\ 100. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. Drivers of 35, Whosoever, having the charge of any car- injuring per- riage or vehicle, shall, by wanton or furious driving furious or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a mis- demeanor, and being convicted thereof shall be liable, at the discretion of the court, to be impri- soned for any term not exceeding two years, with or without hard labour. Framed on the 1 Geo. 4, c. 4, and extended to Ireland. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. Assaults. obstructing 36. Whosoever shall, by threats or force, ob- or assaulting a clergyman struct or prevent, or endeavour to obstruct or pre- or other . . . . „ minister in vent, any clergyman or other minister in or irom the discharge ,i,. -,• • • ,1 • count of his lawfully authorized, [in orj on account ol the exer- preserving cise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or cast on shore, or lying under water, shall be guilty of a misde- meanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 9 Geo. 4, c. 31, s. 24, and the corresponding Irish Act, 10 Geo. 4, c. 34, s. 30. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. 38. Whosoever shall assault any person with in- Assault with o i r intent to tent to commit felony, or shall assault, [resist, or commit wilfully obstruct] any peace officer in the due pea"/' ° execution of his duty, or any person actiug in aid of such officer, or shall assault any person with in- tent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the dis- cretion of the court, to be imprisoned for any term N officers, &c. 266 24 & 25 Vict. Cap. 100. not? exceeding two years, with or without hard labour. Framed on the 9 Geo. 4, c. 31, s. 25, and the corresponding Irish Act, 10 Geo. 4, c. 34, s. 31. As to imprisonment, see post, s. 69. Assaults 39. Whosoever shall beat, or use any violence to obstruct [or threat of violence] to any person, with intent to graintorlts deter or hinder him from buying, selling, [or other- free passage. w j ge di S p 0sni g f ? or to compel him to buy, sell, or otherwise dispose of,] any wheat or other grain, flour, meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence [or threat] to any person having the care or charge of any wheat or other grain, flour, meal, malt, or potatoes, whilst on the way to or from any city, market town, or other place, with intent to stop the conveyance of the same, shall, on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three mouths : provided that no person who shall be punished for any such offence by virtue of this section shall be punished for the same offence by virtue of any other law whatso- ever. Framed on the 9 Geo. 4, c. 31, s. 26, and that section and 14 & 1.5 Vict. c. 92 (Irish), s. 2 assimilated. This offence can be tried at cpuarter sessions. Assaults on 40. Whosoever shall unlawfully and with force seamen, &c. , . , , " , hinder or prevent any seaman, kcelman, or caster from working at or exercising his lawful trade, business, or occupation, or shall beat or use any violence to any such person with intent to hinder or prevent him from working at or exercising the Offences against the Person. 26' same, shall, on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to bard labour in the common gaol or house of correction for any term not exceeding three montbs : provided that no person who shall be punished for any such offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever. Framed on the 9 Geo. 4, c. 31, s. 26. Either party may appeal to one of the superior courts of common law, if dissatisfied with the determination of the jus- tices as being erroneous in point of law, 20 & 21 Vict. c. 43. 41. Whosoever, in pursuance of any unlawful Assaults ... . . , (, arising from combination or conspiracy to raise the rate ot wages, comM- P i /■ i i • x- • nation. or oi any unlawful combination or conspiracy respecting any trade, business, or manufacture, or respecting any person concerned or employed therein, shall unlawfully assault any person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the 9 Geo. 4, c. 31, s. 25, and on the 10 Geo. 4, c. 34, s. 28, and those provisions assimilated. As to imprisonment, see post, s. 69. This offence cannot he tried at quarter sessions : 5 Sc 6 Vict. c. 38. 42. Where any person shall unlawfully assault Persons com- J . mitting any or beat any other person, two justices of the peace, common • i i c n i assault or upon complaint by or on behalf of the party ag- battery may grieved, may hear and determine such offence, and prisoned or the offender shall, upon conviction thereof before two magis- 5 them, at the discretion of the justices, either be fi^wdcosts committed to the common gaol or house of correc- "") ^ xceed n2 268 24 & 25 Vict. Cai\ 100. tion, there to be imprisoned with or without hard labour for any term not exceeding two months, or else shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered), the sum of five pounds ; and if such fine as shall be so awarded, together with the costs (if ordered), shall not be paid, either imme- diately after the conviction or within such period as the said justices shall at the time of the convic- tion appoint, they may commit the offender to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any term not exceeding two months, unless such fine and costs be sooner paid. Framed on the 9 Geo. 4, c. 31, s. 27, and on the Irish Act, 14 & 15 Vict. c. 92, s. 2, and those provisions assimilated. See sects. 44, 45, supra. Persons con- victed of aggravated assaults on females and boys under fourteen years of age may be im- prisoned or fined. 43. When any person shall be charged before two justices of the peace with an assault [or battery] upon any male child whose age shall not in the opinion of such justices exceed fourteen years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions hereinbefore con- tained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused ; and every such of- fender shall be liable to be imprisoned in the common gaol or house of correction, with or with- out hard labour, for any period not exceeding six months, or to pay a fine not exceeding (together with costs) the sum of twenty pounds, and in de- Offences against the Person. 269 fault of payment to be imprisoned in the common gaol or house of correction for any period not ex- ceeding six months, unless such fine and costs be sooner paid, and, if the justices shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such sentence. Framed on the 16 & 17 Vict. c. 30, s. 1, and extended to Ireland. Either party may appeal, under the 20 & 21 Vict. c. 43, if dissatisfied with the determination of the justices as being erroneous in point of law. 44. If the justices, upon the hearing (a) of any n^themagis- such case of assault or battery [upon the merits, miss the _ , complaint, where the complaint was preferred by or on the they shall . , „ , make out a behalf of the party aggrieved,] under either ot tne certificate to last two preceding sections, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith (b) make out a certificate under their hands stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was pre- ferred. (a) As to what amounts to a "hearing," see Bradshawv. Vaughton, 30 L. J. (N. S.) C. P. 93 j Tunnicliffe v. Tedd, 17 L. J., M. C. 67. (b) " Forthwith" means forthwith upon the application of the party entitled to the certificate, and not forthwith upon the dismissal of the complaint, Costar v. Hetherington, 28 L. J. (N. S.) M. C. 198. This section is framed on the 9 Geo. 4, c. 31, s. 27, and the Irish Act, 14 & 15 Vict. c. 93, s. 21. The granting the certificate is a ministerial and not a judi- cial act, and justices who have heard a charge of assault and dismissed it, are bound to grant a certificate, Hancock v. Semes, 20 L. J. (N.S.) M. C. 196. that effect. 270 24 & 25 Vict. Cap. 100. certificate or 45. If any person, against whom any such com- shaUbeTbar plaint as in either of the last three preceding sec- proceedln 1 " tions mentioned shall have been preferred [by or on the behalf of the party aggrieved,] shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment or imprisonment with hard labour awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause. Framed on the 9 Geo. 4, c. 31, s. 28. And see the 16 & 17 Vict. c. 30, s. 1, and the Irish Act, 14 & 15 Vict. c. 93, s. 21. These pro- 46. Provided, that in case the justices shall find to'appiy'To 1 the assault or battery complained of to have been certain cases. accom p a nied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudi- cation thereupon, and shall deal with the case in all respects in the same manner as if they had no authority finally to hear and determine the same : provided also, that nothing herein contained shall authorize any justices to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accru- ing therefrom, or as to any bankruptcy or insol- vency, or any execution under the process of any court of justice. Framed on the 9 Geo. 4, c. 31, s. 22, and on the Irish Act, 14 & lo Vict c. 92, s. 2. Assault 47. Whosoever shall be convicted upon an in- bodU S y""arm. dictment of any assault occasioning actual bodily Offences against the Person. 271 harm shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceed- ing; two years, with or without hard labour ; [and Common o J assault. whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discre- tion of the court, to be imprisoned for any term not exceeding one year, with or without hard labour.] Framed in part on the 14 & 15 Vict. c. 100, s. 29, which first gave the power to impose hard labour in a variety of mis- demeanors. This section for the first time gives the same power on a conviction for a common assault. As to imprisonment, see post, s. 69. Upon an indictment for an assault occasioning actual bodily harm, under the first part of this section, the defendant may be convicted of a common assault, Reg. v. Oliver, 30 L. J. (N. S.) M.C. 12. Upon a conviction for an assault, whether with or without battery and wounding, the offender may be adjudged to pay the prosecutor's costs. See post, ss. 74, 75. Rape, Abduction, and Defilement of Women. 48. Whosoever shall be convicted of the crime Rape. of rape (a) shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. (a) As to the definition of rape, see Reg. v. Fletcher, 28 L. J. (N.S.) M.C. 85. The 9 Geo. 4, c. 31, and the corresponding Irish Act, 10 Geo. 4, c. 34, retained rape and the carnal knowledge of children as capital crimes (see sects. 16, 17), but by the 4 & 5 Vict. c. 56, s. 3, the punishment was commuted to transportation for life ; and by the 9 & 10 Vict.c. 29, s. 1, the court might, instead of transportation for life, award trans- portation for not less than seven years, or imprisonment fur any period not exceeding two years. This offence cannot be tried at quarter sessions. 49. Whosoever shall, by false pretences, false Procuring 7 n -it the defile- representations, or other fraudulent means, pro- 24 & 25 Vict. Cap. 100. ment of j under agi cure any woman or [girl (a)] under the age of twenty-one years to have illicit carnal connexion with any man, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour. (a) " Child," 12 & 13 Vict. c. 76, s. 1. Framed on the 12 & 13 Vict. c. 76, s. fence at common law, Reg. v. Mears, 2 L. J., M. C. 159. As to imprisonment, see post, s. 69. This offence may be tried at quarter sessions. 1. This is an of- Den. C. C. 79 ; 20 Carnally knowing a girl under ten years of age. 50. Whosoever shall unlawfully and carnally know and abuse any girl under the age of ten years shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or with- out hard labour. Framed on the 9 Geo. 4, c. 31, s. 17, and the Irish Act, 10 Geo. 4, c. 24, s. 20, and see the note to sect. 48, supra. As to imprisonment, see post, s. 69. This offence cannot be tried at quarter sessions. Carnally knowing a girl between the ages of ten and twelve. 51. Whosoever shall unlawfully and carnally know and abuse any girl being above the age of ten years and under the age of twelve years shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceed- ing two year-, with or without hard labour. Framed on the 9 Geo. 4, c. 31, s. 17, and the Irish Act, 10 Geo. 4, c. 34, s. 20. As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. Offences against the Person. 273 52. Whosoever shall be convicted of any inde- Attempt to J commit the cent assault upon any female, or of any attempt to last two have carnal knowledge of any girl under twelve years of age, shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour. The 14 & 15 Vict. c. 100, s. 29, made these offences punish- able with hard labour (see note to sect. 47). As to imprisonment, see post, s. 69. This offence can be tried at quarter sessions. 53. Where any woman [of any age] shall have Abduction of J \_ j o -i a WO man any interest, whether legal or equitable, present or against her J . . VriSS., from future, absolute, conditional, or contingent, in any motives of , . ,. , ,. lucre. real or personal estate, or shall be a presumptive heiress [or coheiress,] or [presumptive] next of kin, [or one of the presumptive next of kin,] to any one having such interest, whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person ; and whosoever shall J™|^ e n n £ f fraudulently allure, take away, or detain such a girl undei woman, being under the age of twenty-one years, the win of w her father out of the possession and against the will of her & c . father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her, [or to cause her to be married or carnally known by any other person,] shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour (a) ; and who- (a) See post, s. 69. N 5 274 24 & 25 Vict. Cat. 100. Offender incapable of taking any of her pro- perty. soever shall be convicted of any offence against this section shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, [or in which she shall have any such interest, or which shall come to her as such heiress, coheiress, or next of kin as aforesaid ;] and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the court of chancery in England or Ireland shall upon any information at the suit of the attorney general appoint. This section extends the 9 Geo. 4, c. 31, s. 19, to Ireland, and the Irish Act, 10 Geo. 4, c. 34, s. 23, to England. This offence cannot be tried at quarter sessions : 5 & 6 Vict, c. 38. Forcible ab- duction of any woman with intent to marry her. 54. Whosoever shall, by force, take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour. Framed on the Irish Act, 10 Geo. 4, c. 31, s. 22, and ex- tended to England. As to imprisonment, see post, s. 69. This offence cannot be tried at quarter sessions : 5 & 6 Vict, c. 38. Abduction of 55. Whosoever shall unlawfully take or cause to sixreen^rs be taken any unmarried girl, being under the age of age- f sixteen years, out of the possession and against Offences against the Person. 275 the will of her father or mother, or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be imprisoned for any term not ex- ceeding two years, with or without hard labour. Framed on the 9 Geo. 4, c. 31, s. 20, and the corresponding Irish Act, 10 Geo. 4, c. 34, s. 24. Inducing a girl without her lather's consent to leave her father's house," by making an appointment to meet her else- where, for the purpose of cohabiting with her, is a taking of the girl out of the possession and against the will of her father, within this provision. Reg. v. Timmins, 30 L. J. (N. S.) M. C. 45 ; and see Reg. v. Mankktow, 1 Dears. 159 ; 22 L. J.(N.S.) M. C. 115. As to imprisonment, see post, s. 69. This offence cannot be tried at quarter sessions. Child-stealing. 56. Whosoever shall unlawfully, either by force Chiid- , . stealing. or fraud, lead or take away, or decoy or entice away or detain, any child under the age of [four- teen (a)] years, with intent to deprive any parent, [guardian] or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding two years, with or (a) Ten years, 9 Geo. 4, c. 31, s. 21. 276 24 & 25 Vict. Cap. 100. without hard labour, and if a male under the age of sixteen years, with or without whipping (a) : provided that no person who [shall have claimed any right to the possession of such child, or shall be the mother or] shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the get- ting possession of such child, or taking such child out of the possession of any person having the law- ful chai'ge thereof. (a) As to imprisonment and whipping, see post, ss. 69, 70. Framed on the 9 Geo. 4, c. 31, s. 21, and the Irish Act, 10 Geo. 4, c. 34, s. 25. It seems that the quarter sessions has power to try this offence, as it does not strictly fall within the definition of " abduction of women and girls." • See 5 & 6 Vict. c. 38. Bigamy. Bigamy. 57. Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not ex- ceeding seven years and not less than three years, — or to be imprisoned for any term not exceeding offence may two years, with or without hard labour (b) ; and where of- any such offence may be dealt with, inquired of, bTappre'- 311 tried, determined, and punished in any county or hended. pl ace in England or Ireland where the offender shall be apprehended or be in custody, in the same manner in all respects as if the offence had been Not to ex- actually committed in that county or place : pro- (6) See post, s. 69. Offences against the Person. 277 vidcd that nothing in this section contained shall tend to ° second mar- extend to any second marriage contracted else- riages, &c. J , ,, herein stated. where than in England and Ireland by any other than a subject of her majesty (a), or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. (a) If he be a British subject, it is immaterial where the marriage took place, Reg. v. Topping, Dears. C. C. 647 ; 25 L. J. (N. S.) M. C. 72. Framed on the 9 Geo. 4, c. 31, s. 22, and the Irish Act, 10 Geo. 4, c. 34, s. 26. This section does not solve the doubt whether the onus is cast on the prosecution of proving that the prisoner knew her husband was alive, or on the prisoner of proving that she did not know it. See Reg. v. Briggs, 1 Dears. & B. 98 ; 26 L. J. (N. S.)M. C. 7. This offence cannot be tried at quarter sessions, 5 & 6 Vict. c. 38. Attempts to procure Abortion. 58. [Every woman, being with child, who, with Administer- intent to procure her own miscarriage, shall un- using instm- r . ments to lawfully administer to herself any poison or other procure noxious thing, or shall unlawfully use any instru- ment or other means whatsoever with the like intent, and] whosoever, with intent to procure the miscarriage of any woman, [whether she be or be not with child,] shall unlawfully administer to her 278 24 & 25 Vict. Cap. 100. or cause to be taken (a) by her any poison or otber noxious thing, or shall unlawfully use any instru- ment or other means whatsoever with the like intent, shall be guilty of felony, and being con- victed thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, — or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. (a) As to what is a causing to be taken, see Reg. v. Wilson, 1 Dears. & B. 127 ; 26 L. J. (N. S.) M. C. IS. Framed on the 7 Will. 4 & 1 Vict. c. 85, s. 6. As to imprisonment and solitary confinement, see post, ss. 69, 70. This offence cannot be tried at quarter sessions. Procuring drugs, &c. to cause abortion. 59. [Whosoever shall unlawfully supply or pro- cure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or em- ployed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being con- victed thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.] This provision is new, but the act mentioned in it would, in general, render a person an accessory before the fact, and therefore indictable as a principal, see the 24 & 25 Vict. c. 94, s. 1 and note, ante, p. 1. As to imprisonment, see post, ss. 69, 70. An indictment specially framed on this section is triable at quarter sessions, but justices would do right to commit to the assizes. Offences against the Person. 279 Concealing the Birth of a Child. 60. If any woman shall be delivered of a child, Concealing J the birth of every person (a) who shall, by any secret (b) dis- a child, position of the dead body of the said child, [whether such child died before, at, or after its birth,] en- deavour to conceal the birth thereof (c), shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour (d) : pro- vided that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the jury by whose verdict such person shall be acquitted to find, in case it shall so appear in evidence, that the child had recently been born and that such person did, by some secret disposition of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the court may pass such sentence as if such person had been convicted upon an indictment for the concealment of the birth. (a) These words were retained after a division in the select committee of the House of Commons, and the members were equally divided upon the subject. (6) The word " secret" was in like manner retained after a division in the committee. (c) The language of the 9 Geo. 4, c. 31, s. 14, was, " If any woman shall be delivered of a child, and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender, &c." And sect. 31 enacted, that every person who should counsel, aid or abet the commission of any mis- demeanor punishable under that act is liable to be proceeded against as a principal offender. (d) See post, s. t>9. Framed on the 9 Geo. 4, c. 31, s. 14, and the Irish Act, 10 Geo. 4, c. 34, s. 17. This offence cannot be tried at quarter sessions : 5 & 6 Vict. c. 38. 280 24 & 25 Vict. Cap. 100. Sodomy and bestiality. Unnatural Offences. 61. Whosoever shall be convicted of the abomi- nable crime of buggery, committed either with mankind or with any animal, shall be liable, at the discretion of the court, to be kept in penal servi- tude for life or for any term not less than ten years. Framed on the 9 Geo. 4, c. 31, s. 15, and the Irish Act, 10 Geo. 4, c. 34, s. 18. By those acts, however, the offence was capital, and so continued to the present time. This offence cannot be tried at quarter sessions. Attempt to commit an infamous crime. 62. [ Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault, with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be im- prisoned for any term not exceeding two years, with or without hard labour.] This provision is new. Assaults, with intent to commit felonies, were, by the 9 Geo. 4, c. 31, s. 25, punishable with two years' imprisonment and hard labour ; and attempts to commit felonies are indictable as common law misdemeanors. See also the 14 & 15 Vict. c. 100, s. 9, ante, p. 62, note. As to imprisonment, see post, s. 69. This offence may be tried at quarter sessions. Carnal know- ledge defined. 63. Whenever, upon the trial for any offence punishable under this act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal Offences against the Person. 281 knowledge • shall be deemed complete upon proof of penetration only. Framed on the 9 Geo. 4, c. 31, s. 18, and the Irish Act, 10 Geo. 4, c. 34, s. 21. Making Gunpowder to commit Offences, and searching for the same. 64. Whosoever shall knowingly have in his pos- MaMng or ~ J x having gun- Session, or make or manufacture, any gunpowder, powder, &c, ^ ° * . with intent explosive substance, or any dangerous or noxious to commit r jo any felony thing, or any machine, engine, instrument, or thing, against this with intent by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this act mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Framed on the 9 & 10 Vict. c. 25, s. 8. As to imprisonment, solitary confinement and whipping, see post, ss. 69, 70. This offence can be tried at quarter sessions ; but see the note to sect. 10 of the 24 & 25 Vict. c. 97, ante, p. 125. 65. Any iustice of the peace of any county or Justices may J ° issue war- place in which any such gunpowder, or other ex- rants for 1 . . searching plosive, dangerous, or noxious substance or thing, houses, &c. or any such machine, engine, instrument, or thing, explosive is suspected to be made, kept, or carried for the are suspected purpose of being used in committing any of the f ° r tV"^. felonies in this act mentioned, upon reasonable ^ s t t in g C ° m " cause assigned upon oath by any person, may issue JJJjJJj^j, a warrant under his hand and seal for searching, act - 282 24 & 25 Vict. Cap. 100. in the daytime, any house, mill, magazine, store- house, warehouse, shop, cellar, yard, wharf, or other place, or auy carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned ; and every person acting in the execution of any such warrant shall have for seizing, removing to proper places, and detain- ing all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments or things, found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by the act passed in the session holden in the twenty-third and twenty-fourth years of the reign of her present majesty, chapter one 23 & 24 Vict, hundred and thirty-nine, intituled " An Act to c. 139. amend the Law concerning the making, keeping, and Carriage of Gunpowder and Compositions of an explosive Nature, and concerning the Manufac- ture, Sale, and Use of Fireworks." Framed on the 9 & 10 Vict. c. 25, s. 12. Other Matters. A person 66. Anv constable or peace officer may take loitering at night, and into custody, without a warrant, any person whom any P fe C ]ony he shall find lying or loitering in any highway, aef.'may be yard, or other place during the night (a), and whom appre- hended, (a) There is no definition of " night" in this act : see the note to sect. 52, 24 & 25 Vict. c. 96, ante, p. 59. The com- mittee of the House of Commons divided upon the question whetlier the words " during the night " should be retained. Offences against the Person. 283 he shall have good cause to suspect of having com- mitted or being about to commit any felony in this act mentioned, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law. Taken from the 9 & 10 Vict. c. 25, ss. 13, 14. See the 14 & 15 Vict. c. 10, s. 11 (unrepealed), in the note to sect. 104 of the 24 & 25 Vict. c. 96, ante, p. 104. 67. In the case of every felony punishable under Punishment ... °f principals this act, every principal in the second degree (a), in the second t ■ /» ,i n i l-i i • i degree, and and every accessory before the fact, shall be punish- accessories, able in the same manner as the principal in the first degree is by this act punishable ; and every acces- sory after the fact to any felony punishable under this act (except murder) shall be liable to be im- prisoned for any term not exceeding two years, with or without hard labour ; and every accessory after the fact to murder shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour (b) ; and whosoever shall counsel, aid, or abet the commission of any indictable misdemeanor punishable under this act shall be liable to be pi'oceeded against, indicted, and punished as a principal offender. (a) See the note to sect. 98 of the 24 & 25 Vict. c. 96, ante, p. 98. (i) See sect. 69, post. Framed on the 9 Geo. 4, c. 31, ss. 3, 31, and the Irish Act, 10 Geo. 4, c. 34, ss. 3, 40. See the Accessories and Abettors Act, 24 & 25 Vict c. 94, ss. 1, 2, 4, 8, and notes to those sections, ante, pp. 1 — 5, from which it will be seen that, except so far as regards accessories after the fact to murder, the provisions of this section are merged in the general provi- sions of that act. 68. All indictable offences mentioned in this Offences 284 24 & 25 Vict. Cap. 100. committed within the jurisdiction of the ad- miralty. act which shall be committed within the jurisdic- tion of the admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and de- termined in any county or place in England or Ire- land, in which the offender shall be apprehended or be in custody, in the same manner in all respects as if they had been actually committed in that county or place ; and in any indictment for any such of- fence, or being an accessory to such an offence, the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been com- mitted " on the high seas :" provided that nothing herein contained shall alter or affect any of the laws relating to the government of her majesty's land or naval forces. Framed on the 9 Geo. 4, c. 31, s. 32, and the Irish Act, 10 Geo. 4, c. 34, s. 41. See also 7 & 8 Vict. c. 2. So far as re- spects accessories this offence is merged in the 24 & 25 Vict. c. 94, ss. 7, 9, vide ante, pp. 4, 5. Hard labour in gaol or house of correction. 69. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction. Solitary con- finement and whipping. 70. Whenever solitary confinement may be awarded for any offence under this act, the court may direct the offender to be kept in solitary con- finement for any portion or portions of any impri- sonment, or of any imprisonment with hard labour, Offences against the Person. 285 which the court may award, not exceeding one month at any one time, and not exceeding three months in any one year ; [and whenever whipping may he awarded for any offence under this act, the court may sentence the offender to be once pri- vately whipped, and the number of strokes and the instrument with which they shall be inflicted shall be specified by the court in the sentence.] The first part of this section is framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5. The latter part of the clause was added by the select committee of the House of Commons, on the motion of Sir G. C. Lewis. 71. [Whenever any person shall be convicted of Fine and anv indictable misdemeanor punishable under this keeping the .,-... peace ; in act, the court may, if it shall think fit, in addition what cases. to or in lieu of any punishment by this act autho- rized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour ; and in case of any felony punish- able under this act otherwise than with death, the court may, if it shall think fit, require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any punishment by this act authorized ; provided that no person shall be imprisoned for not finding sureties under this clause for any period exceeding one year.] 72. No summary conviction under this act shall £° certiorari, be quashed for want of form, or be removed by cer- tiorari into any of her majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been con- 286 24 & 25 Vict. Cap. 100. victed, and there be a good aud valid conviction to sustain the same. Guardians and overseers may be re- quired to prosecute in certain cases of offences against this act. Costs of pro- secution. Clerk of guardians may be bound over to prosecute. 73. Where any complaint shall be made of any offence against section twenty-six of this act, or of any bodily injury inflicted upon any person under the age of sixteen years, for which the party com- mitting it is liable to be indicted, and the circum- stances of which offence amount, in point of law, to a felony, or an attempt to commit a felony, or an assault with intent to commit a felony, and two jus- tices of the peace before whom such complaint is heard shall certify under their hands that it is ne- cessary for the purposes of public justice that the prosecution should be conducted by the guardians of the union or place, or, where there are no guar- dians, by the overseers of the poor of the place, in which the offence shall be charged to have been committed, such guardians or overseers, as the case may be, upon personal service of such certificate or a duplicate thereof upon the clerk of such guardians or upon any one of such overseers, shall conduct the prosecution, and shall pay the costs reasonably and properly incurred by them therein (so far as the same shall not be allowed to them under any order of any court) out of the common fund of the union, or out of the funds in the hands of the guardians or overseers, as the case may be ; and, where there is a board of guardians, the clerk or some other offi- cer of the union or place, and, where there is no board of guardians, one of the overseers of the poor may, if such justices think it necessary for the pur- poses of public justice, bo bound over to prose- cute. Framed on the 14 & 15 Vict. c. 11, s. 6, and extended to Offences against the Person. 287 Ireland. See also the unrepealed provisions of that act with respect to the visiting of young persons in workhouses. 74. Where any person shall be convicted on any on a con- indictment of any assault, whether with or without assault the battery and wounding, or either of them, such per- ^ er ™ *£ son may, if the court think fit, in addition to any JSJ^tJS sentence which the court may deem proper for Jj^Jj*,* 6 the offence, be adjudged to pay to the prosecutor his actual and necessary costs and expenses of the prosecution, and such moderate allowance for the loss of time as the court shall by affidavit or other inquiry and examination ascertain to be reason- able ; and, unless the sum so awarded shall be sooner paid, the offender shall be imprisoned for any term the court shall award, not exceeding three months, in addition to the term of impri- sonment (if any) to which the offender may be sentenced for the offence. Framed on the Irish Act, 10 Geo. 4, c. 34, s. 33, which is thus extended to England. In cases of common assault the costs cannot be allowed in the usual way. When, however, the parties are bound by recognizances to prosecute assaults, the costs may be allowed under the 14 & 15 Vict. c. 55, s. 3 (unrepealed), independently of sect. 77, post. 75. The court may, by warrant under hand and Such costs •" •' may be seal, order such sum as shall be so awarded to be levied by levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and that the surplus, if any, arising from such sale, shall be paid to the owner ; and in case such sum shall be so levied the imprisonment awarded until payment of such sum shall thereupon cease. Framed on the Irish Act, 10 Geo. 4, c. 34, s. 34. See the note to the last section. distress. 288 24 k 25 Vict. Cap. 100. Summary proceedings in England maybe under the 11 & 12 Vict. c. 43, and in Ire- land under the 14 & 15 Vict. c. 93. Except in London and the metro- politan police dis- trict. 76. [Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the act of the session holden in the eleventh and twelfth years of queen Victoria, chapter forty-three, and may be prose- cuted in Ireland before two or more justices of the peace, or one metropolitan or stipendiary magis- trate, in the manner directed by the act of the ses- sion holden in the fourteenth and fifteenth years of queen Victoria, chapter ninety-three, or in such other manner as may be directed by any act that may be passed for like purposes ; and all provisions contained in the said acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this act : provided that nothing in this act contained shall in any manner alter or affect any enactment now in force relating to pro- cedure, in the case of any offence punishable on summary conviction, within the city of London or the metropolitan police district, or the recovery or application of any penalty or forfeiture for any such offence.] The costs of the prose- cution of misde- meanors against this act may be allowed. 77. [The court before which any misdemeanor indictable under the provisions of this act shall be prosecuted or tried may allow the costs of the pro- secution in the same manner as in cases of felony ; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.] See the note to the corresponding section of the Larceny Act, 24 & 25 Vict. c. 96, s. 121, ante, p. 118. Offences against tiie Person. 289 78. Nothing in this act contained shall extend Act not to • *" » extend to to Scotland, except as hereinbefore otherwise ex- Scotland. pressly provided. 79. This act shall commence and take effect on commence- , iuentofact. the first day of November, one thousand eight hun- dred and sixty-one. ( 290 ) [The following Tables of Offences punishable upon In- dictment and upon Summary Conviction present at a glance the particular offence, and a reference to the new and the old statute applicable to it, and the limits of punishment. The Tables include the offences under the Bankrupt Act, 24 fy 25 Vict. c. 134, passed subsequently to the Criminal Law Consolidation Acts.~] ( 291 ) & &ablc INDICTABLE OFFENCES UNDER THE NEW CRIMINAL AND BANKRUPTCY LAW CONSO- LIDATION ACTS, WITH REFERENCES TO THE PRESENT AND FORMER ACTS, AND THE PUNISH- MENT PROVIDED FOR EACH OFFENCE. Subsequent Felony.— Upon conviction of any felony, not punishable with death (except simple larceny, which is provided for in the new act), committed after a previotis conviction for felony, the Court may pass sentence of penal servitude for life, or for any term not less than three years, or to be imprisoned (with or without hard labour and with or without solitary confinement and whipping) for any term not exceeding four years. See 7 & 8 Geo. 4, c. 28, ss. 9, 11 ; 20 & 21 Vict. c. 3. Fine, Recognizance and Sureties. — Upon conviction of any indictable misdemeanor under the Criminal Law Consolidation Acts, the Court may, in addition to or in lieu of the punishment awarded, fine the offender and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of good behaviour. And in case of any felony punishable under those acts, the Court may require such recognizances and sureties in addition to the punishment authorized. But no person shall be imprisoned for not finding sureties for any period exceeding one year. Solitary Confinement, where authorized, may be directed for any por- tion or portions of the imprisonment, not exceeding one month at any one time, and not exceeding three months in any one year. Whipping is limited to males under the age of sixteen years (excepting the case of taking a reward to recover stolen property, in which it is extended to eighteen years), and, where authorized, the Court may sentence the offender to be once privately whipped, and the number of strokes and the instrument with which they shall be inflicted shall be specified by the Court in the sentence. o2 292 Indictable Offences. .IS 3 o •■Ml [liq« l d , ■luainauy c3 re -no3 Xjcihos Ol, CO .S 1 B Hi ESI SuipaaD oS CN CM CN CN o .5 C>5 CN CJ .5 i -si |0{j t. 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I >d bo 5 £ ™ i2 : o ^ o a a co' ^.a- 5 ho S "O a *3 o Hi « ^ g «8 CU ,tu a «3 I -• a a - PQ en u 0) 296 Indictable Offences. a g o g h CS — ° — . 'jusmaag -UOO AJKJ1|0S Snifraaa ; -X3 JO-y J, >o M c-- ta _, 09 ■ — i to o QQ — «3 to o * u — U d >* £ d W c •# ^~?7Z CO U r^ ~£ #;> ^ £ — i ■M — M i-i «2 "mS-TS \ W ./ ■# tO 10 ^ !« •*" "CO ifl W g» w d tS J » d d % •f ^r > «T « ^ ■# > o _; © 6 d • — ' c o — „ o s> o — „ Ci^^ccsi ^ ^ — — csooco — — Si uouBaraapsuu io Xuo[aj i— i <-> bp^' 3 1) - U — ~ o U hi c .— s M > u- z: « 2 C E •a « IS * b£ II = - 2 Indictable Offences. 297 " 05 i « » « .00 « = o O . • r— ( . _J OO" o — ' (IrtrH-Hrt IO jj OO* H ,_, **. *" 2^ 2 g ■3.1 ■* bo.o £P<~ > *j 2 « be &i C >s 2 4) a °" £ ft ~ 2 '3 7; u t O 1> 3 61^ 5 >E >>ts « s « ,5 tE^iS ~ a pq O o Indictable Offences. •Sinddn|.tt *)U9(U3ay 2 >-' ~ '~ n z t z •= ~ i _^ !? S3 ' .t3 "5 ! 3 ° — u S <2 *" ^ ? >>. &D.3 "^ rt ^ U fe "^ KA o CJ w r b(. g '- J> C O 3—3 3 o cd 1 o « a *T -3 '♦* G fc-sis £ _ cu s *-> o :>. H o C s ° O 3 a . r ■ .3 '— E 2 bo.a c ~ & r = X S) i? ? S 3 2 us * w o g X 8 g^S "I 2 s~ = = 8 - 5 S a s PiUw R "bog 3 "B "J3 v .«* 'C 4> ^ o 10 a 3-3 o O 3 3 **" - to M SP so ,S rt a 8 la r i C -3 3 3 O bD-£ 3 o o « fee >• bo « S 2 G wd fc£ w 3 .3 3-= o ** « 3 >._j H = 3 — i^~ S4J.S 33 "3 2 s_ rrs 3_, ■e 5 <*3 o Indictable Offences. 299 ^ § § £ § A , r 3 c^r "Z o \i CD o 2 _£P .§> « "So "3 rt o ,2.5 ,a u CD u S o 5 u o u CD rs, or to defeat the tcy law; concealing, ithholding the pro- o C .S'l ."5 a ■5.2 ^ t3 O.S C .2, defeat, &c, parting destroying, altering, sifying, (or causing Sec.,) any book, &c, being privy to the lse entry, statement any book, &c. . . e, knowing his in- lgagements, fraudu- linish the sum to be the creditors, mak- s o 01 bit 'So .- ic o ft — o nj Ph >. a cd bo B So -S o o O 0) be 2 .5 -^ CD o >-. 3 C o ca 2 8 ai a o o 3- cm >> 5 o li 91 *,M 5 "o S be -^ 3 .a >. ctf o 'O 4) fci I) conceal or oncealing, ting or fal concealed, naking or % of any ft ssion from "■5 «T3 CD o) 5 o £ 2 ~ ■r'r 3 C ° QJ - 0) ,2.§Q ,2 3 : ■"3 o o 3 O s "-S o be — 0) *l « U O <° CJ CD • -* 0) tn t- +3 o Ph-3 n 2 g« 3 -= &■* 3 Si £ 2 1 £ S '•S laJi "> IS bl U O CD Q B c c 300 Indictable Offences. •jgo 'juatuauij * ,2 rt " U0D i^WS £ g 2 -X3 l«K g 2 s £ §■- s # cr eo O Hi O 0) ° CD CV — C5 ^H # •ioireauiapsiui 10 Xuo[3 j fa £ c ■- =- 7 £ fs S-fi > - >> ca c 0) .- a. ° -5 p- P" ta P. 3 ♦3 | s £ ■s 71 -3 u O -3 | -C a> 2 I) tpoP^-g 'o £»•- tax* T3 filing carryi on ere 5>i 2 P.* £ I'So-g : 5 <" § ; O 0) o w o o bC"3 g-° £.S 1 g'g-g its S-l pu « R..S i *— J * r2 W ,_, O <*2<^0 S> <8»- -T--* O __, ®> ^- t~ cm • O u ,$, 1/3 -^1 •— 6 "S«8 S ■*£ ■* w O ,? _. , 30 p co rS ^ ^ >i. to t^ O (N t-» » 3 j a S J2 cj ^ s 3 bo O •J u 3 - -a o g *s 0) -0 O hC W es a; — 5 « bo <-» 1/3 CL, rt S B u P.— OJ -. ■j?1 s- > s- ° ■a u C 0) fcr .-3 3 ^ S >3 J; O E h oi it dJ o tt ~ §* ° So § b£~ £ cd cj *t3 g £ 'E'Si Cnco CN CN CM CN C •SS3( JO«J CO CO CO CO a S3J Oh CD c •Sui -paaaxi jovj -# CO t^ Jl ~~~- C5 „ < O F-l O -Ci _ CO 3 CO t-- f-l CO 1-1 CN CO 0) O cc V. CO -g CN '. u c3 O W3 O £ 0) 6 ci co ^ cu : °1 LO a> O <# 6^ eo > T 1 . 5 4J -J CS O . co c O <2 > *t to £ o'i da t- CI «o 1- O Ci rt i 1- CN < CM O CN c <* to LO CO CO 10 rt g *^ c O "c c O CJ u " O CJ - 3 > > > 8 IO «--J LO e CN •M CN CD 03 c8 «J <% «# *^l ■<5< si (M ri CN •joueauiapsiin ptl g PM jo Xnojaj & : , 1z CO >» be ■^ — ^ ?3 & s CS O > a £3 ■^ ~ — .0 • cu pq 3 .J; > ,g| 2 'S E^ * O E a O « O .3 bc^ 1 c r- be >. 03 11 . u V a> tn «3 K bCu- So •r k £T" -< cu <- -3 _^ - E -3 cu >- JS 13 3 ■s- bD E ? u cu hi S-i i'r 3 -5 S3 O 3 2 bo ■n s -J" El : s !*H O 1 ° • •-" fC3 CO cu 5 1 be bo' 00 3 3 5 3 -J -1 cu C ■J C3 3 O eS 2'3 u E co E eg r cu O 0*; H '-5 3 a — O H w J < u O O U Indictable Offences. 303 »■- — UJ " — ' so •M 10 to »ri !S T^ ~. Iffl CO to o u u u u e<5 — — o to "* tL> S-( tO «i O i b * C u 3 I § S 2 «- -^3 2 ° <£ -° o ,_, 60 3 *-~ u c 5 § §J »2 <2 °:2 iT.S ■S3 ._, to a, tu o o t« 73 to .3 > o p 8 J ts" S S ** " * * S -3 "1 oT *i — ' in." u ? C3 .2 a "a M r2 :- S ~ " u — — ~ n ^ 3 -S °3 ' b . 4-> "" w » - '■' •» ca .. o «1 ,= o 304 Indictable Offences. •louBatuspsim jo .\uopj c frs'S*?-3 >>«~t3 > 8-° «.S = vj&~ o.o g.s fcj'S w 13 ^ Vi o *- ■« »■ O IS o -= Indictable Offences. 305 to W to to CO CO CO CO O) - CO - CO J^ t^ ; '. J OJ OS s : : : * I-" ft CN ri S S * • ' >.J S u ^.■S S 03 a es -a • • cj „ : rt e : cS > o 5 2 O ~2 S >» s a . • i- £> . S £ • 3 eg . • o c : p.s . — o ^ rr. ^ c« ho-2 I '-£* x .2. JH ^ S^j O (3 o «1 O >"> !-> p. •a >;s • «^S a • ,9 3 CJ - O r counter mend, b or poss feiting 11, receive feit for 1 • >> a . as ; cj c<3 >> Q 3 u pi 1) a O CJ a C - >-» -~~ CJ S- make mak custo count buy, count c E cj • •a CJ iS -M CO 0) > 2 & o o o o o bo So ^ a > u CO O •a «> • o> k> ra > H^ CO • a • 3 ,; o S O 'Z! «^S cj c/3 „ CJ i-. ■" : £> bo £ s o > . O'Pt) t3 2d p "3^ be bo o o 2 12 cj 2 . ■£ a •£ . ■" ^d "0 a „ r former r two for '- a ounterf receive counter P* S- <3 2 n «l make or bring oi dom any knowing tender, i feit gold e like, af e like, af like .. 306 Indictable Offences. •SllttIdn|H ■uoo A.n:ji|o5 -HIT..' ... ; — - -paa.ix ■ ic\" •louBainapsira jo Auopj £ B" O0 <"-S ,r 9 o> ft • C M 5 ™^ 7; fee §* n .5 u o o eg h g o o c S >.= <" = •- 2 2 s- °: g-S'S S S =- j= *■ E — £\H ~ ' 3 - c3 -c IS O 5 S" u -. Sr s - > 2 -3 '3 fc0 ~ t; > o s ' = 2 u"S 3 '3 oo Q,Vh _ ~ — S o ft -' 3-3 o s\s 5-d " w ,&c a ftc<3 t o O'- - S — ~ ft US' 1 <_» s o • g -g B%9 s s * ° " C o 2 u s - ° •> e - 3 >£= to -^ Bj *-l ~ rt ^ ^_, 5 I .< '-S *> o .2# <» OS -= i. H O ♦* 3 ei ** o to e So ►J 3 5 I S.S -1 ho o .5 d £ *e 3 O fc, « >«2 S O QJ >,^ s i 3 ~ >, , _o bo « * a . i< .3 o o . S to ^ _ •V 2 cs " 5«2 -a >-. :t3 to t^ to § C J2 o o " o to o Oh 3 J" C O a o .2 - s x .3 O O C3 O o « o u u 308 Indictable Offences. .B 3 o •Siurldiq.H -uoj Xjujijos; U3 6 a 5 '5'fet* jfS.3 CN * B rt O C > O o~ O O ^3 > a HrO20"BBi«0ci — O 2 B O 3 < 3 5 M ,J- OJ & H goS bo H bo t- G o a> 2 .3 to Indictable Offences. 309 CO CO to CM (l« O ■" o o> > ■* 00 >■ to t^ -lO •"-• . O ^ CM • * * -r rf « l-H s*"*«-':*«>5 CO CO _r co -co to co co • so "^ t^ 1 _ • o co "O o - US £ (J LO J^nO^W -tT . * .2 o o o ° "co d .^''mcim'O o . &8Ge Geo. 4 &3W 2& 23 5 Geo. 5 Geo. 7 Geo. 1&22 K* . wtai> KC! N O) t-W MCI •*> >o '** P=H 2 .S •~ W ^S I i3:§> a jj c ■J j£ ^ fcn cu *S .s •- 3.= c£ S^ C ^ £8 bD ." S to* s fcs N >> CO ^3 CO a ^5 w 310 Indictable Offences. s V B '3 £ *; ^ 1 "Sniddiq.tt 1 "£ 5 5 'HI3UI3DIJ "* ,2 C3 -U0.1 X.n>JI|OS ] co : d CO o< •» n iiuipaw « S g S J -xa jo v >. cn CO (N „ •§ " 'sss] »ojj CO . CO s rt 3 £2 ' Oi C >h | -Sin t^ " CO ,— M~ ^ C5 O -H ■*" < 00 CO co Ci - O to CO 05 CO 3 to . CM ""! CO d CD d r5 c >*, o :*> co ^c> so . , 00 d CO XX* co o * X ■ooo •j v v ' — •/*» < o ^M co CO a CI o to 05 co OJ rt o s CO - S C3S 3 e d d o o „ „ o o ►> > V CM its CN ,s da # cj >* ^c« CM CM •joirearaapsiui 10 Xnopj; P-i l-H* s g Si >. ^^> ^_A__ s >vv. o P-< o CD CO J &" to r- o T3 • a is c o . rt to e o to 3 c2 . Sm PM O as s-H bOMO T3 0) 0) co ! d on CD 13 3 . tC! 0) -3 O . 'o o § £ 8 3 to S-. i 2 3 "Cm ■g >> Si 05 0) s- . to £ o Sf cu c c o o in 1 Q i-J o 13 O o OJD bo g '5 _bp C z 'i? co* • o O bfl bfl . Ed -. h, cu P« a bo'g •So"" 5 'to >» < B o cu Em a .— * D C S ISc P o 3 Ji 05 05 o Cm ««J Cm c- 1^ s 3 Cm CO O O H CO -a o o - u J X X < < « W f-l -H Indictable Offences. 311 < & C « «c3 C 2 £ P cn o o o ^J 01 •* u C T*< w _; > GO o O *J ■- o £JO CO *J *— OJ 'O <2<^0 I fr « 53 a 2 13 C Sm "*~^ ^S3 •5 o ■r=§2 3 * . o "P'g a « pede na c, the lpond, >,e H^'S fa a >0 -4-1 >- is o o 3 ti o "X lit'? ruct or i irough, f any i c u S3 ,u ST— GO i 2 to obst cut tl dam o 312 Indictable Offences. p.'P'S s ^ s •Smddiqu 'ju-)iii,niy -U03 .Oeji|os -X3 )0>i fe. C-l ■J J CO Pe servi (Ye r-l *~ M J uj « r— 1 Vj °° ™ OS O W of CO CM M Cl M $ ^ w . o b^mNh oj i— to . o o . , c.66, 11. 4, c. . 84, s. 1, c.32 * S r-TO , c.66, ill. 4, c 84, ss. Vict, c c. 4, s , c. 66, © _: CO ^ -^ "• g _• •^ °.£ • Oca ^ — ' — < c-1 -* — . ^ J — < — i e-3 — ' s___ j . ^_^ j uouBautapsitu fcfl o s > tT <" ca - ° ,5e ** CU 0) 3 S c to J. >>. B " " M > s 3 5 & « o .£ °"2 5 -_ — - cs ia Indictable Offences. 313 ^ *- m w O oc cn 5° .•»*"? « * »S » QQ CO CO d « ° .a ° o £«*>«" * oc g rs i-i ES : J £ 10 ^H r2 ' W CO CO r-l ' o o o o o - ,J! rtCS ~3! 1 =3 CO CO o .OiC^OH i-l i-t CO -H!N^ — : _: o « ' c8 = 4J o ^CO CI 1-H 3 CO i-c CN 'CO »g - w « CO «j o -: HC5IH CO CO CN CN CN U, fa b "_, fi. •- J «i >< p_ C >«"S -a 3 C S CJ 314 INDICTABLE OFFENCES. CO u ° -Q ^2 0) -= >-. u o o dd s o S-C F^ s u -S ~ c« — bo ^ a" cu CS cu > ,» SJ — o Indictable Offences. 315 cn 'co « CO 0) r J re >> cn CN CN CN CN CN o CS CO • CO CO CO co ►i CO J 6 ; — j CO r- 1 CM CO CO CO o > 6> o ^ o ^ •** 00 w t~- i-H t- r-t a c CO <~ CO I- h. CN CN 1-1 w CO - i " 1-1 CO <£> CN CO >o — O w CO u Ml u u <* ^ > > -* ■* 01 en o o « CO co 0) o c o <%&o !> os "*• C5 OS «3 dgor c>i S C cu Q aj-r3 ;>> i« *-* re co cu W>2 o 2 £ p,S^ 41 rt is S- o 5- ~ 2 £ >^ •- bo o *- C *j b ^ J5 o 2 « s £ t; 03 > b> e Q ' 3, &)«.S S^-S £ re re • CO 4= • CO CO jL bD o re • a • "° 2 c -2 3 OS . P< . c2 « CO ** a en O CD • re O re ra bO E o 5 '3 "" co 42 D 42 43 3 >,-" CO c co c >-, e S 3 re 0) d.S CD CO *- 3 <3 « S s Sis O 03 42 ge of twe y false pre connectio a* "co "re xplosi laging urder, <*- "re O c B S 1> B C h 3 q • O ° the a ring b carna bore be CO el- co re bJOCJ CO • SI 0) D bD S re 2 . co^ or ot] lg or ntent — U 3 ~ o o •- ■at;" 's 'g J- o CO s "3 44 ing . der th ing to WDER stroyi with i C a - 3 re 3 Cm 13 fn O r 2 316 Indictable Offences. S 3 fe 111 'joamaay c fe « w ca u d h d -X3 ?OJJ ,>; CM CN CM ^ 5 T 'ssai iom M CO 2 3 2 — 1 § - * *'fci£ •Sui ■* Q) -P330X3 JOfJ J 1-1 * -** ^-. /~~ >o LI U-3 OS 00 . - 00 •< CO • CJ • o to co • 3 CO -J CO CO CO ™ »o >o' CM CM 22 CM • >■ ; cm • | ■* ; > > > > : <§ o 5^2" o o — I-H rt £~ ^ co' oSoT &~ ^ c8oT Ci 1>- OS CSS cs cs s * /— '— s < cc cs o o T}< Tf4 cm T feo" 2 o S £ CS . ° *o d cj d w * *3 d o o O u > *■» t> >--3 0) >o CM 3 CM - £ s. C« = 0> rt " te o u p,g 0) E o rS U p. C cu '3 o hJO V CO i Jh CO ^ c cu ■*-* x -= 2 « cu « 13 Ed u 5 TO | > E ^ C3 ^ ., il Btr-J 3 C S o iT 3 ^3 S G CO s-. rp ^ ^ O ^ £^ C O 1 « § cu - ° B c cu o cu > CJ O B O J3 Oh CO 3 n cu cu be co B ° M ■« O o c s. y, C ea o cu > c B S° > 3 u o S E o >, bC 3 ■ w E E o fc, O ^ E 4J "- o 1 -a -= . - CO • C 3 eL X cu o .F- ca g.> C & « g C >> — cu o -;' 2 cc CU > 7. o u CU~ M ■a S X2 O -C B ** C3 O M E w re T3 -p O S hi cu — o ~ bo S E S c o g 8-| 1 W Q c -bc B £ •fi re 3 p. 0) o o x co > S 1> » .3 ca bc.5 5 CU o CU > Tit c3 cu cu s c O cu" b£ — S ~ ' '2, cu ca o o o ■5 6 Z S a Indictable Offexces. 317 «d8 to 08 u O eg r tN •"■" 1-1 . ~ ,_£ Ci S^oj ■^ ^-- ^T'o^^^- 40 *" Geo. 1. 4 & 2, 3 Vic Geo. . 4, c Will. t. c. 9 Geo. O __; z* 00 °°S« Seo -~^ £5 ,2^ »cad80c3><«" o g fcp 00,0 "£="» 5P 60 1! ^ 1 g-«| : C c S* * |°>>b0 £ O C ** to •£* O C gh.S'o oj >% « (2 JS O -„2 • >> . 2 « e2 w a 5 C oS ° ■a ^ J ■a u j-i O 1« O 3JJ O O r- 2 3 2 "C "nl _e ■*-> cs 2 ,a D !3 o> 03 CJ 3 > Z a ■*■ R ~ u -/.' +3 OS ? O S ^ ^ w — S 2 bog fco o g c 2 s *i r3 •" — •- a 31! Indictable Offences. £ « u I "Suiddpi.tt •g § 8 '1U3HI3UI) S £SJs 92 •— -pasaxa jojij l-H c>i •jonBaraapsuu 10 jCuoisj ^ "3 car Indictable Offences. 319 " is ° is ft s CN OJ to 2 CO co g >» c CI CI 4) - 1 ' •* us — p _ < d «:=*} <% o a £ ~ t^ Ci C<1 t^ CO rH . ■* • "> co - CN w . • ~ U O 1ft . d "_> t~- o * «>■ t^ o rt r — lC IM CO o" :co *? US I-" *- o d .J; 2 O^- .2 * 1 CM u c-. . > ,J, us -< ~ 5 d d c!3 <*J „ >» d = "S^ OI> <« eg O i> «? " OS CO 03 tfi <3 — < a o c c - ^ ft CI o ^ »: y »J -> o c -a C3 ^ Jn Ph > 5 c> o 03 0} ia I Jh . >>1 fa Ml C C £ CI •^ fa* rf ~ *r] 3 fa.^' 3 § >->'■? s S ^ S • ° -° J2 J 'S <" t* ,o . u j — "£«?■>•§ .8 >-> Cl c *-> C S^o.2 3 8 3 o -a Ph Cl I o3 a 'no" 151 P- Ci o . >,-■£ "S • C as 5 £>i ° ;3 . " -co >, >> O i- « S3 2 S 5 -o^ be 3 .5 p. S3 s -a ^a 320 Indictable Offences. 'juamauy •SuipasD si 008 J: T1 - Ph S a. '3ui (1333X3 ;0>I d3 o 1 ~ l •iouB3tuapsitu 10 X00[3 j Pn P=4 fe bD^ w V3 o ^ a> 2 H* .. o u 'X C S ° £ S o> > C3 *— o ~ s a o „ • Jh 4* 3 "ti I ■si* ■" C S bo _. o ^5 *« « d o u i> d °> o * * rH <3 ~ a) o* » da &0 t~- C5 ■* — NBfh -H CO C2 rt p5 a PEH PE4 S_0j m oo a, 2 -a hi 0) jQ o £ P*5 o o 0) c g 5 ^ s i^ .5 S« S d^ P ,C OJ r3 CJ „S fi s t? £ j Z 13 ' OJ OJ * .J3 D B.13 3 OJ CO u £ ~ ftP« tJJ o s.s« y 3 u « S oj — ~ 0) H 1 §flf. = s s s I n ° ° 2 P~ s s 13 U ,= X ■*-{ E-" OJ •^ e «• lib B » H _ h. 322 Indictable Offences. i 3 o *3 rt •luacujuy uoo .{.nntfos Smp393 -X3 )0\J "P33DXS 10fJ o Wl Cj u so «S ~ u 0) ■* O CO o #0 t>- CJ da •joueamapstui jo Xuopj p< .g u r if -n a r/l m 3 2 is O £ 5P ri >> Ifl B «J £ -o •^ o B - Ml OS " 3 V >. o .2 "5 t - -" -a o £ I « O w S 2 >>s c = J3 r- .S at .3 o »•? 5^ w & o - H as < - a» k». # ► ■a o» a) Indictable Offences. ,j i : ,_^ , * , <** : to UB ;j cu •^i O c3C3 to CM <« , u o or a a cu o BE) 09 a o z O 00 cu CJ a a ~ < • — c« —i c "*„ * c >, cu tf — h •Sin -p33DX3 JOfl M B s ; uouBscuapsiiu jo Xuojaj G5 i— C5 Q o <* 6 >* " ^J o S.s -7- O0« ul o £ »^ io 00 C5 3 3 . -"5 s 13 O - £ ^ O >- £« > >» w <£$ * a <*J • 3 £• u ctf. C be a _ 0) O) ~ pC ^ CO 2 Q o 2 >. a'! C i- T3 >>S o a> O On- 1 - c >-. o p «c 1:3 S :> ■a =3 tJI CO <*> W CO —-"*_' w - ftuso . CN . CO to „»-0 ~io Tfl >-0 ■<}< . • ■ u o u o -> P^ 1-. C 0» W *J .^H p a, u g .x - £ « ta S «.S o o c o o few oj «« I i.t ^ e ="£ .5 8 £ « 1) u 326 Indictable Offences. £*• * •Sutdditltt d u ° s= •-Jo 'juaiuaug •13 -UOD XjElMOS CO ■ c8 g U'li Sutpaaa « N CM 1 s s J -xa jo.m S, "3 'SS3] 10[|J e<3 CO £ 05 d u. fits « P- £>H ■Sin -paanxa iojj -# ►J c-i' CM < 3 aS 00 CO CO ^o © '? or ce a> 2 «s ; P. u o -*" d a) s c • * . C d OO ^ <" ^ pi OJ i < o c _o CO CO 03 -a oo t~ OS C3 'o a u a o O u u c £> £ cj ua IC3 n CM . cu cu 0) • CO ■— es 3 he 5 • — o be > > 3 B S ; I Cm O >> 5 a ■73 T3 o O « * rS 3 o ,0 OJ CO CD cu u 1 >> "^ £ > es H a Cj CO P- 3 O cu T3 -a cu CJ | a ►re! C 0) -J hi 1 OJ o 03 3.2 ^ 15 CS o be 3 £ „ ^A s -5 1 ' h M " O Z O < pi cu 3 s ° 3 "5 t- § o cu bo b0 3 S! .3 CS CS O W o ► oi w c/: N o 5. g 01 £ 0) "n N U -3 £ o ** Jj 3 CU 3 *■" - s (J OJ CO •~ 9 o o •— OJ - is u o . o cj f^ u 3 ^ c3 aj o.5 ^° 2 o 3. oj -° 3 ll o CU ■£ o 3 IS o cu CS o H T3 o hD 3 ; 'S hi 3 H CS •- Q 6 3 p o -^ J sj >r o (a z, o n «! as u Bj s p < ■«! P- Ph 3 P4 g Indictable Offences. 327 08 o ■= O . -*-* > cs o o J o S fl _ be » & .S a S"5 5 2 2 * «j 2 < C ■" to §-§. CD — < - 3-5 1 08 3 °S -S2 i< c ^ "Is o ** „ c he >> •r* ~ C8 4-T-T5 5 5,3.2 5 "* i- 6D to 53 j2 fan- - o CO t> (U -3 >J2 3 3 -.K ►" <" O 5 P c flS^ 3^g 5 § S -a .S § he £P.S • o £ : 3 o £ Qj c<5 « eg c 8 ^° -^ btS „, >> a> 328 Indictable Offences. 5 -Sri •g § o ■Saiddtq.u 'lasaiauu u ^' d P j-g | uoa Ajeji[os w c>3 CO 0> p, ^ "2 Suipaao » a g S 1 -xa l°N fe cm cm IN CM s '5 CU.~ •ssai jo.m CO BS CO Ah £g •Su; j ■* t^ !>. -* ■* O Cl CN CO ■* CN US w -CO CI d • -J • *3 d CO* Pi o ec co • U ■* US -^ * us us o o o 6> u > o d 0) ■ 6 6 d • •* > d c" 08 ^ —. r-H tJ< Ci t- ~ 1^ O CN -Tl •3 OS US CI CO o CO co co CO CO © CD to 5 co" Ci S U d d d c o O u o o o > S> > 0) US „ US US a .a CI a o to h >-> a o c ni m s 0) H3 >< o 3 : •5 ^3 k CO Cm O CO C u 0> CD c ^3 4= '- - bo£ *"" o &>^ 5 ° fl 1 O co C bo s2 13 O O bo d <3 s B d <% '> a a ll ■g «« ? O ££ e c « c« s 3 U o T3 O | a ^Q a CD „ be o o bO D O R 60 4) 5 2 "o "*3 *S £3 VS o 0> w" ^ *j C3 >, s fc* u o fe c C 3 o ^ Ph >,cc o OS » O "™ T 3 O - bO S d" ^6 CO ca a* >< w CJ C3 2 *< <; 2 ° O g > t5 o o o O o pj # co w 3 o o c- u a o < < H u H PS P4 P4 tf rt Indictable Offences. 329 o • * oo 6 — a> ~* j 'oo 0010 -" i — CO i— • CI « g fe ^ £<° fi 2 B I bfl &-. *•* if iBh ,2 S £ c? SJ Q - ■3 «8.2» « 2 e«o'£> 3 .5 W SJ5 u S --. O to >» •§ a •S "S to «2 330 Indictable Offences. •g *j ^ I "Sntddii| v\ S o ° 'J"3,4-> >,£ -a c _= > £ OJO >> •« c3 fe o • U-£ c bO sea wall, or F any river, c ool or marsh. down, &c, ding may be o o C- to G 3 hi >» K «g o (« r to Qi g o poirs-B EC « \NK, war voir bre or b mag *j CO o o Indictable Offences. 6 •* 6 is ° i* 331 u is CM CM CM CM CM CM CM CO CO co CO CO CO CO <* J J J * t^ J to . k^ d od & £<*$ + ] t^ C5 CM t- > • o > • ^CM^ - i-i r; cc o H r-H t^ 0> 08 ■-• d8 r-l da a> o si « H ° J§ £ >> O £ * S G 3 ^J^Ji|°S to to i D S, 5 "2 Satpaao ,; S g _g -xi jo^ fe CN CN CN •M - ^) ^— . •SS^l JOKJ CO CO CO OS - d a E C -5 ffl qj -r* o> Pi gr- ■Sut j *^ * J cT cT »o no" < 00 . 00 . oo 00 . o o o ej u P • u > : " "* > : i> > : Pi o >H ^CO CO . ■H ■H -' i *C u - "^ N <« ^ c TJH 1—1 . o ■* rt ■^i 00 T}H OO 1-1 £2 *"■ BS °°" p-5 CO S ■* pi b» to >. to ^ to ^ to ^ to :>. to ^ to t^ CS f-c t^ *~ t^ •3 • — , — ' < r^ »>. Cs ■* co ■~< CO ^< "- 1 ■- 1 o to to to to a "S o *-T © ■a o CS o o u C o u o O u u o j> t> o S s >-o CN - ^o & <3 PS rS* ■* CN CN •loiresaiapsim jo jfuojaj fc S fe f^ pz| B <1) S'A C9 o o . aj • B* * to CS "* 3 ■"'» • bb c * -O CJ ^ cr B C CB o o ca i5 o S to O CB u CJ ,3 c o '— I U o . CO u J- : g -B "3 : C8 cu s- ^2 cu CU %4 s u o 0) *j CO bC >, B C - Z3 ca '8 S o oj3 CJ H cu CJ u CS ■4-1 o CS ,CU ista to CJ CO > O c3 • Cm to > > : o cu cu CO 1 -1 CU a> l— ' 'Si) £ OS CJ 4J cu O CS ° ca Oh DQ 2 CO u cu a •E B fig CJ CO 1 B CO 1 oS C Hi nj > C ca B u ca -5 O b h 1. bD _B r- -a O o ro '5 ~ — 2 a RECK. preven deavou ■" bj "3.5 CS to . CN M M "* - 1 so o cu u : co o . o o > = -^ .22 »- i +J p-S'B w Sh ^1 — " 3£ S B •J '■3 CO Ed £ c is! S Cb ~, '->.a 3 o .£ 0-. a £ s -13 C Sh **j >> CS e^S t> ts « •~ 5 E 3 =»*3 .a a So o o « 3 s s 3 oT i tj 2 5* JJ Td 3 g £ § s >-• H ^3 =5 bO • S-i 2 "- 2 o (S? cu t-3 c CO 3 C w m 3 -53 • C 3-.Q w is 2J "o • s c2 ■& CO cu en I a; a .-, O C G cu ° -rH o •J °3 - O CO CS 1 3 Cm o * J O bD o a 3 2 O cu Ed ? 3 8 o cu 1* C *-• p<.2 G c« r3 E- 1 2 5,2 a g"S ■" o 'C ed o S B S o 5 '3 PS ^2* Km ^3 S5 3 < « W ►J W H W W S H 334 Indictable Offences. Sag •Suiddiqw 'judiuauy -X3 )OfJ ;*> aJ ^ pN x. ^ o w •Sim •P933X3 JO|iJ a) M <*3 N « g a CO (M « g CO •jouBamgpsiui jo Xuoiaj CO £ W J>. « CO o >-" . CO . , CO , 09 1 «r u to CO o CO o cgcoO d8C5 CM -h *S a bo § 3 S 5 g s s ^ - C3 bjj .. ° . g^J S « s +» «s O «, 3 ■ o X u ""«3 Si-C . 8 u £ - .2 o 2~ 'co s « be- 2 w> ~ c -a '. o s be D .a 4> <-• ^.f "2 S 3 « i S? n if 2 y. c CO cd , — o e= OS o h •— ,fi T3 , 4 j- o 3 u ■s da S <" — " It 3.2 3 cu ■ I fc s D-. ra cs o 3 > - 3 « cy « w o +3 aj o « I « s -^ b/i ra -2 fe s »S 'S -° SS S 3 b 0"g ° be § Indictable Offences. 33o u CO . is o ■- ■ » s E o I stolen ;in\ value, will or deposi riiv relates !J (hie oil tods repre i security. CO .S £ o as If he ha tel of like e, interest vliieh seei with iiioi ralue of g ed by, sue * o •* o «?^tl T}?lO 'P > 6 «£ d «d 0"30 • «9 t>) © . «a o*£ oo 9 ! «o ^ <% . OS tN j >, "5 3 — 'O to •SS3[ JON CO OS CO Bh a 3 S 'Sal ►i hi CO T^IT* t}h" of us us" • • CN . 00 . co >* < CO - ^ . d ci • OS CO 3 CM ~ o OS w . OS "> CN CO .2 .2 CO I— 1 Pi o : us : >• : > * •^ d « us CO . o "* . "** d <% > o US US c CM CM " s *) ca P5 •*• ■<*< • CO CJ • O c e : % "3 ° cu ■3 . -3 Si CS * Ph : s-s | E 3 .s 5 o c3 _>> a> >> C3 3 Of cu u CO 1 bO C B s sd . - (Ll O .2 • 'S3 ^ 3 gj e S§ O 0Q 1 o z s u cs S3 - if. Si a ny fraudule el, obliterat any part of o -o ; CO 3 Si O CD > "3 5 CO a a > 3 - bfl 3 en C CO c8 -3 — S-3 a "a3 . 3 : C3 CO <■* 3 fy > ^ *h cd 00 ra >.3 O CO S 1 or for a y, cane role or tc E bC° 3 ^ S o S ^3 2 CO 3 c o fco'g '*3 s- W to D O s J2 .3 p O a u o sib p. "5 steal, destro the wl o z 3 3 5 'co O intent grieve prevei tainer 3 ." — & w PS < =2 o Z D Si o o Si o < X O £ £ £ £ OF SUMMARY CONVICTIONS UNDER THE NEW CRIMINAL LAW CONSOLIDATION ACTS. 338 Summary Convictions. r= fcl "2 * 3 o c o CS CS ,2 . rt . CS o o ~~ 11 a u CO _£ co j= «ta QJ O s • • cs cc 1) r" CO QJ — l.'S ^ o <<3 a) o . >, £ 9- S ^f= o 2 c ^ S K u cs cj CJ TS a 3.5 *f V i. cs . — ' «« • « .5 «J t-~ Mil O CS M ' 32 O O CS tj CJ j j-> CJ 8s" *: .3 .3 o p.? .5 * cs > cj s 1 £>& em "S re .22 P o ~ * S '3 £5 Summary Convictions. 339 *x. 2 " 3 3 2-3 » e«i co l~- - CM M C5 — I o g a -5 c tja >>-. > cS « — E.o a o «)«= CO CO Gfl OS CO -■; CN t-T o — ■* u EJ o i> o> us OO c> cfc ^ to C o c o -3 c r s o CU ' CO P* O -= !§ >> c a £5 "is -3 o '*"' CO CU CO >-> <2 C3 CU • .a is .2 o o Q2 3 Sh p= gj >% p-T ^ ^ t4 ^ o c+-i o Bj 3 o O Hi o 3 S 2.2 o ~ 2-5 < a 3 o CU o « 3 o CO S o O > CJ S fa C3 o 3) P. & u M C >>5 be * s — cfl £1 jj a c o < CO t; a p< CL, 1) o '3 — Rj to .a o > 5 fee -O c3 o C 3 3 <-< a* cu • r-l 0) f-t +a WJ 3-C a «-.& 5 oj 3-3 _ cci S. cr- c2 CE •-< •— o >. CO a o *j C3 U — — a y. a ^. 'S — .- DD J_ 3 M CO D CO U cS O CU u y c 3 m - S2 u^ e 5 co J* .= i.«a " >.-3-i.C! co j; co O g O 340 Soimaky Convictions. * p 5 « way, eing &c. *= p a -° S "o o O K bS 2 J- Ol S Cu ^ « =2 w 1) ° a> £* £ «C o — a o Si P. ■~ U C- o| . p S 2 a S E P P ° o in # >> _ .5 fe c ho r ° s M • >» c e -1 > fee "x S- Sp £ 5 13 S O « o P •» "^ — « «■ w » p e^g 8«« ~ «2p< bo p "5 -~ == o CJ -J Iff 3 o bo C c 0) 9) a Cj a ~r. 9) - p o • "S 03 u o S-i 0> & — 3 Pi • s. 01 P - em o o o _o 5 -a § £>sjS ■g -o S £ cs g "g O *3 £ be 2 S.2 - C p c3 to TJ S e ° c O.S S ° 4-> 3 cS I, * & c Eg *-• <« :s H o a o Q Summary Convictions. 341 -.-~~ - a ► *■ *V. S 1 %J ^ ^ ^ ^ « of to CM «Ci *- . rj< o "# o O 4J . O g> o> >■ «s j> >« CI ^ «tf K> =3 <% *8 ~z *& 00 l-H oo i-i 6> CO to CN CO CO CO o > CU ^ O "5 O »o t- ■— ( *- l-H t- Ol CO CN V> CN CO CN CO 00 co m to o* 6 *" « ts S.2> o > >2 COOi "H J-~- CO —I d > CJ r « ,c ~ . « J| g >-='« TS c CD el* « £ .— ~ CO *T O ° © co « O - o ■!-> b cs rr -q ct!^; ^ -£ O fcD «3 H3 «s.s «s da &• « 5 " •" 'H 5 cu - ^_ rn Ph o o >. cu Ch b 3 C «s Kl #FH V > ^ CO CD fi ? ■" •J3 o S, e-o *> 3 ^ St O £ O ° 2 ^ S >-j ™ j. cu ^ — « ? r ,J= O E tS *■ * •8*& S OS ^ c*. CO <0 ° C -S to O CO g'S U cj cu .2 " 13 r* i « _* 3 :>» H nj cj p. 342 Summary Convictions. .J ti a c ^ .2 o -2 S X Cl-^. be «S cq H " -3 LO ^ e»j fe s K «W ** «s .s, O ^ § 01>h'nh 0> Mffl"^ - ^ O r>< — < (3 <*3 at t— O 1— 1 < •*< a ON t « p DO a 3 'O o 3 u s o O o o > " ~ o >o c . u o ■s. a - DO 09 :- .C a> .3 V. 33 S-i r* r~ 3 o o O "^ »jj ««« ■S (3 eft} " °.S ® o o »t - 2 >>^£? .330^ > p. "3 CS >! 3 Q 3 •^ ; >-^_3~ ° 1* a o bo ou o 1 o u CO a hi o ;; •p s' 3 3 p eo V o o 2 > CJ J= go a t. u > > £•= S. £t o _, w *- w a 3 rt S ■= ^«-° •» a st -tC ° £c« JZ O C O be" •-" 3 ht i- -3 O c o fee i • = -•r — bo u 3 •— . o aj c -J be 5 >> ■-= bD 1) u 3 O C) CO 1 >> c -3 S-. o o H GO " u c o a> 'tj 3 ~ S"i « ~ U *H © u >> - 5 b« o 3 rt .= 3 > 3 t3 r« 3 U :3 3h O 3 K 3 CO CJ H o u 3 — ~ P. s c « cj cr. - "^ 9) 3h - , 2m o H u ^ 3 H •e fc ^H Summary Convictions. 343 J OJlj &.J3.5 ^ ~ C>& — .tS S *■ CO c* o w ?> S.g 2 e 03 OQ 3 S 2 S c n! S » s = "2~.2 e« • I or pers lishment ment or s Peg ^ 2 * r kill for br the la expira O 0) • kill, umstai ly at c °-e ? S QQ 3 o> 3 ° VE. T ch circ larce ^! « S " 0) >» c a s *s-« Si c • c e -~ a) 3 So * JS 5 = ** BBIT. To or groun n tbe begi sunrise a c z> u ; s House D ce under s not amount : 011 Ra warren betwee before ip, 1) O B.g 0) -3 2 fee — O cS 55 o-w r-* Ot t/3 C Qj ~ o ^S-2 ° "5 BS.J2 S H S u 2<5 3 — 3 ■ J* e« -3 2 O '£. C -. r° 0) >"^ c ^ O "S °> S* <«* ** I— 1—1 *- — > . ■** * O S -p a l< « 4) > 8> 00 ^ « t) ? S cu o a8 -S a> J* > c ,r 3 S-n §*» O cu r^iJ «* J3 C -, 4-. 3 a ».S bflO c 6i.Ssn^ ~u "2 > ' Summary Convictions. 345 .- S o c o is 2 -2 ca _o C - - :- 8'* -a 6„ S =-> = o. S o JS o if •* to to rj< lO C (N W to to to to IM CS ©c-T O "3 ° > O >. o > o > 0) O "» O "5 O «5 o ^ oo ,., *** < t- i-i t~- -H t~ t-H t~ ^H ,£3 C3 I** .SoiS o 2 •§ p ^ o § 3 ~ /^/ "• a th. "The parts which deal with mere matters of Practice, and are founded upon the rules, are wonderfully well done. The classification of the various sections of the act, and the rules founded upon them, the connecting them properly together, the insertion of the necessary references from place to place and sub- ject, and the division of the whole into proper heads, is a work of much labour, and requiring judgment and accuracy; and considering the extreme speed witli which it must have been done, we think the result wonderfully satisfactory. There may be errors or omissions in this part of the work, but we have not met with them." 6 LAW WORKS PUBLISHED BY SHEkFORD'S RAILWAYS.- Fourth. Edition, by Glen. SHELFORD'S LAW of RAILWAYS, containing the whole of the Statute Law for the Regulation of Railways in England, Scotland and Ireland. With Copious Notes of decided Cases upon the Statutes, Introduction to the Law of Railways and Appendix of Official Documents Fourth Edition, by W. Cunningham Glen, Barrister at Law, Author of the " Law of Highways," " Law of Public Health and Local Government," &c. In two vols, royal 8vo., 60s. cloth. From the haw Magazine. "Though we have not had the oppor- tunity of going conscientiously through the whole of this elaborate compilation, we have been able to devote enough time to it to be able to speak in the highest terms of the judgment and ability with which it has been prepared. Its execu- tion quite justifies the reputation which Mr. (jlen has already acquired as a legal writer, and proves that no one could have been more properlv singled out for ihe duty he has so well discharged. The work- must take its unquestionable position as the leading Manwl of the Railway Law of Great Britain. . . . . . The cases seem to have been examined, and their effect to be stated with much care and accuracy, and no channel from which in- formation could be gained has been neg- lected. Mr. Glen, indeed, seems to be saturated with knowledge of his subject. . . . the value of the work is greatly in- creased by a number of supplemental de- cisions, which give all the cases up to the time of publication, and by an index which appears to be thoroughly exhaustive." From the Law Times. " Mr. Glen has done wisely in preserving that reputation, and, as far as possible, the text of shelford — though very extensive alterations and additions have been re- quircil. But he has a claim of his own. He is a worthy successor of the original author, and possesses much of the same industry, skill in arrangement and astute- ness in enumerating the points really de- cided by cited cases. But we have said enough of a work aheady so well known. It will have a place not in the library of the lawyer alone. It is a book which every railway office should keep on its shelf for reference." From the Law Journal. " Mr. Glen has modestly founded his work as a superstructure on that of Mr. Leonard Shelford. but he ha? certainly claims to publish it as a purely indepen- dent composition. The toil has been as great, and ihe reward ought to be as complete, as if Mr. tilen had disregarded all his predecessors in the production of treatises on railway law Since the year 1864 he has been un- ceasingly engaged in collecting materials, and though he lias been ready for the pi inter for sou e time, and has delayed the lp 11 aranre of the volumes in the expecta- tion of legislative changes in railway law, yet he has expended full five years of care and attention on his work. Let us hope that he will have no cause to think his labour has been in vain. At any rate we may venture to predict that Mr. Cunning- ham (>leu's edition of Shelford on Hallways wi/l be the st mdard work of our day in that department of law." From the Justice of the Peace, " Far be it frim us to under value Mr. Shelford's labours, or to disparage his merits But we may nevertheless be per- mitted to observe that what has hitheto been considered as ' the ha' work on the subject ' (Shelford), has been immeasurably improved by the application of Mr. Glen's diligence and learning. . . . Sufficient, however, has been done to show that it is in every re- spect worthy of the reputation which the work has always enjoyed. We feel little doubt that the credit of that work will be greatly increased b\ Mr. Glen's instru- mentality, and that not only will he have ably maintaiued its reputation by his suc- cessful exertions, but that he will have added materially to it." From the Solicitors' Journal. "The practitioner will find here col- lected together all the enactments bearing on every possible subject which may come before him in connection with railways or railway travelling. Whatever mies- tions may arise the lawyer, who has this book upon his shelves, may say to him- self, ' If there has been any legislation at all connected with this branch of the subject I shall at once find it in Shel- ford ;' and it needs not to be said that on this account the book will be a very 'com- fortable' one to possess. The collection is equally exhaustive in the matter ,}o rules, orders, precedents and documents of othcial autboiity. . . . To sum up our review ; as a collection of statutes and general information the work will prove extremely useful, because in these respects it is so perfectly exhaustive," From the Irish Law Times. "Shelford was always considered the best of these works, and we can safely say that the edition now presented to the public and edited bv ftlr. (Jlen leaves nothing to be desired in the wav of im- provement. . . the present editor has done his woik in the most perfect manner, anil has rendered the profession and every person practically interested in railway cases the greatest service. I his bonk will now become the standard work on the subject of which it treats." MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 7 SHELPORD'S JOINT STOCK COMPANIES.- Second Edition by PITCAIRN and LATHAM. SHELFORD'S LAW of JOINT STOCK COMPANIES containing a Digest of the Case Law on that subject; the Companies Acts, 18G2, 1867, and other Acts relating to Joint Stock Companies ; the Orders made under those Acts to regulate Proceedings in the Court of Chancery and County Courts;, and Notes of all Cases inter- preting the above Acts and Orders. Second Edition, much enlarged, and bringing the Statutes and Cases down to the date of publication* By David Pitcairn, M.A., Fellow of Magdalen College, Oxford and of Lincoln's Inn, Barrister at Law, and Francis Law Latham, B.A. Oxon, of the Inner Temple, Barrister at Law, Author of " A Treatise on the Law of Window Lights." 8vo. 21s. cloth. " The lion's share of the work, owing to the departure of his co-editor for India, has fallen to Mr. Pitcairn, who we think may fairly claim the credit due to the production of what is really an original work, though nominally only a second edition of Mr. Shelford's treatise. We may at once state that, in our opinion, the merits of the work are very great, and we confidently expect that it will be, at least for the present, the standard manual of joint stock company law. That great learning anil research have been expended by Mr. Pitcairn no one can doubt who reads only a few pages of the book ; the result of each case which has any bearing upon the subject under discussion is very lucidly and accurately staled. We heartily congratulate him on the appear- ance of this work, for which we anticipate a great success. There is hardly any por- tion of the law at the present day so im- portant as that which relates to joint s'ock companies, and that this work will be the standard authority on the subject we have not the shadow of a doubt-" — Law Journal " Shelford's Law of Joint Stock Com- panies was always considered a useful book, and hence, perhaps, the present new edition. The editors have had so large a mass of new law to deal with that the result is really the editio prince/)} of a new work. After a careful examination of this work we are bound to say that we know of no other which surpasses it in two all important attributes of a law book : 6rst, a clear conception on the pait of the author of what he intends to do and how he intends to treat Iris sub- ject; and secondly, a consistent, laborious and intelligent adherence to his proposed order and method. All decisions are noted and epitomised in their proper places, the practice-decisions in the notes to Acts and Rules, and the remainder in the introductory account or digest. In the digest Mr. Pitcairn goes into every- thing with original research, and nothing seems to escape him. It is enough for us that Mr. Pitcairn's performance is able and exhaustive. Nothing is omitted, and everything is noted at the proper place. In conclusion, we have great pleasure in recommending this edition to the practitioner. Whoever possesses it, and keeps it noted up, will be armed on all parts and points of the law of joint-stock companies-" — Solicitors' Journal. " The present work will be found fully to realize what its title-page would lead its readers to expect. It is an elaborate digest of case-law on the subject of Joint Stock Companies, aud contains all the other information which is above indi- cated. Although nominally a second edition of Mr. Shelford's treatise it is in reality an original work ; the form and ar- rangement adopted by Mr. Shelford have been changed, and, we think, improved, by Mr. Pitcairn. A full and accurate index also adds to the value of the woik, the merits of which we can have no doubt will be fully recognized by the profes- sion." — Law Magazine, LAW WORKS PUBLISHED BY BRABROOK'S NEW WORK ON CO-OPERATION. THE LAW and PRACTICE of CO-OPERATIVE or INDUSTRIAL and PROVIDENT SOCIETIES; including the Winding-up Clauses, to which are added the Law of France on the same subject, and remarks on Trades Unions. By Edward W. Brabrook, F.S.A., of Lincoln's Inn, Esq., Barrister at Law, As- sistant-Registrar of Friendly Societies in England. 6s. cloth. " A volume which will be very cor- tained in it are valuable and interest- dially welcomed by the associations of ing." — Laic Magazine. which it treats and by their legal advi- " The fullness of knowledge is exhi- sers." — Law Times. bited throughout this practical unpre- " At the present time when so much tending and handy little book of infor- attention is directed towards the working mation for all whom it concerns." — of Industrial and Provident Societies Morning Post. and Trades Unions, with all their unen- "The author speaks with practical viable notoriety, Mr. Brabrook's little experience and authority." — Observer. work on these societies is opportune, " The little volume is comprehensive and the statistics and information con- and valuable." — News of the World. COOTE'S & TRISTRAM'S PROBATE PRACTICE.-5th Edit. THE PRACTICE of the COURT of PROBATE in Common Form Business. By Henry Charles Coote, F.S.A., Proctor in Doctors' Commons, &c, &c. Also a Treatise on the Practice of the Court in Contentious Business, by Thomas H. Tristram, D.C.L., Advocate in Doctors' Commons, and of the Inner Temple. Fifth Edition, with great Additions, and including all the Statutes, Rules, Orders, &c, to the present time ; together with a Collection of Original Forms and Bills of Costs. 8vo. 24s. cloth. COOTE'S ADMIRALTY PRACTICE.— Second Edition. The PRACTICE of the HIGH COURT of ADMI- RALTY of EN GLAND : also the Practice of the Judicial Committee of Her Majesty's Most Hon. Privy Council in Admiralty Appeals, with Forms and Bills of Costs. By Henry Charles Coote, F.S.A., one of the Examiners of the High Court of Admiralty, Author of "The Practice of the Court of Probate," &c. Second Edition, almost entirely re-written ; and with a SUPPLEMENT containing the County Court Practice in Admiralty, the Act, Rules, Orders, &c. 8vo. 16s. cloth. *** Tliis work contains even/ Common Form in use by the Practitioner in Admiralty, as well as every description of Dill of Costs in that Court, a feature possessed by no other work on the Practice in Admiralty. " Mr. Coote. being an Examiner of ihe arranged, and containing greater facilities Court, may be considered as ao authori- (>x reference. The first part of the book tative exponent of the points of which be is a treatise on the practice of the court, treats. His treatise is, substantially con- which appears to us to be very carefully sidered, every hing that ran be desired to done, and to go thoroughly into the subject, the practitioner." — Law Magazine. The second part is a similar treatise on " The book before us is a second and the practice of the Judicial Committee of enlarged edition of a work on the practice the Privy Council in Admiralty matters of the Admiralty <~ourt written by the written on the same system as the former author some ten years ago. It is however part. The appendix contains a large num- a great improvement on its predecessor, ber of common forms and precedents of being much fuller and more systematically pleadings used in the Court of Admiralty, MESSRS. BUTTER WORTH, 7, FLEET STREET, E.C. 9 Coote's Admiralty Practice— continued. together with bills of costs. Altogether Mr. C'oote has done his work very care- fully aud completely, and we think his labours will he duly appreciated by Admiralty practitioners." — Solicitors' Journal. " i'ne first edition of this excellent work was produced 'or the purpose of illustrat- ing the practice of the High Court of Admiralty, just then subordinated to the 'Rules of 1859,' drawn up by the late dis- tinguished .judge. Since then several im- portant changes have been carried out, both in the matter of an extended juris- diction ami of practice. These changes it has been Mr. Coote's ol'ject to incorpo- rate in the present edition of his work. In addition he has increased the utility of his book by a chapter on the practice of the Judicial Committee of the Privy Council in Admiralty Appeals, and by a copious set of Admiralty precedents, in which it is tne author's hope and belief that no necssarv common form has been omitted. The present edition appears very seasonably, and will, we Ouubt not, prove verv acceptable to that portion of the legal profession prac'ising in the Court of Ad- miralty. "-Shipping ik Mercantile Gazette. " Mr. Coote has the great advantage of experience: he has long been a practi- tioner in the Court as a proctor; he is consequently familiar with those mnutiae of practice which mark the distinction be- tween the student and the practical man." " Mr Co»te is a successful writer upon the practice of the frobate and the Ad- miralty Courts. 1 1 is book on 'he former has reached a filth edition, and the volume before us is a second editiou."— Law Times, COOMBS' SOLICITORS' BOOKKEEPING. A MANUAL of SOLICITORS' BOOKKEEPING: comprising practical exemplifications of a concise and simple plan of Double Entry, with Forms of Account and other books relating to Bills of Costs, Cash, &c, showing their operation, giving directions for keeping, posting and balancing them, and instructions for drawing costs. Adapted for a large or small, sole or partnership business. By W. Bayley Coombs, Law Accountant and Costs Draftsman. 1 vol., 8vo. 10s. 6d. cloth. *** The various Account Books described in the above work, the Forms of which are Copyright, may be had from the Publishers, at the prices stated in the work at page 274. has its reference and any intricate points have been explained, which are merits which no other work on the subject possesses; indeed so clear do the in- structions appear that a tyro of average skill and abilities with application could under ordinary circumstances open and keep the accounts of a business ; and so far as we can judge the author has suc- ceeded in his endeavour to divest solici- tors' bookkeeping of complexity, and to be concise and simple without being inefficient. We cannot dismiss this volume without briefly commenting upon the excellent style in which it is submitted to the profession." — Law Journal. " Mr. Coombs' Manual of Solicitors' Bookkeeping in our opinion takes the safe middle course between too great intricacy of management on one side and want of detail and explanation on the other. His system can be equally followed in a small office where a regular accountant is not employed and in an office where the staff is large. Solicitors who manage property will fin he speci- mens of rental accounts given in the appendix very useful." — Irish Law Times. " The author of the above, relying on the well-known fact that solicitors do not like intricate bookkeeping, has pre- sented to that branch of the profession a work in which the really superfluous has been omitted, and that only which is necessary and useful in the ordinary routine in an attorney's office has been retained. He has performed his task in a masterly manner, and in doing so has given the why and the wherefore of the whole system of Solicitors' Bookkeeping. The volume is the most comprehensive we remember to have seen on the sub- ject, and from the clear and intelligible manner in which the whole has been worked out it will render it unexcep- tionable in the hands of the student and the practitioner." — Law Magazine. " Throughout the pro formal account books most of the different matters of business which usually arise in a solici- tor's office have been passed from their commencement to their ultimate con- clusion. The bill book contains pre- cedents of bills of costs illustrating the correspondence between that and the disbursement book, and so with the cash book, ledger, and other books ; every item 10 LAW WORKS PUBLISHED BY ROUSE'S COPYHOLD ENFRANCHISEMENT MANUAL.— Third Edition. The COPYHOLD ENFRANCHISEMENT MANUAL; enlarged, and treating the subject in the Legal, Practical and Mathe- matical Points of View ; giving numerous Forms, Rules, Tables and Instructions for Calculating the Values of the Lord's Rights; Sugges- tions to Lords' Stewards, and Copyholders, protective of their several Interests, and to Valuers in performance of their Duties; and inclu- ding the Act of 1858, and Proceedings in Enfranchisement under it. By°RoLH Rouse, Esq., of the Middle Temple, Barrister at Law. Third Edition, much enlarged. 12ino. 10s. 6d. cloth. " This new edition follows the plan of its predecessor, adopting a fivefold divi- sion:—!. The La*. 2. The Practice, with Practical Suggestions to Lords, Stewards and Copyholders. 3. The Ma- thematical consideration of the Subject in all its Details, with Rules, Tables and Examples. 4. Forms. 5. The Statutes, with Notes. Oi these, we can only re- peat what we have said before, that they exhaust the subject ; they give to the practitioner all the materials required by him to conduct the enfranchisement of a copyhold, whether voluntary or com- pulsory." — Law Times. " When we consider what favor Mr. Rouse's Practical Man and Practical Conveyancer have found with the pro- fession, we feel sure the legal world will greet with pleasure a new and improved edition of his copyhold manual. The third edition of that work is before us. It is a work of great practical value, suitable to lawyers and laymen. Y\'e can freely and heartily recommend this volume to the practitioner, the steward and the copyholder " — Law Magazine. " Now, however, thatcopyhold tenures are being frequently converted into free- holds, Mr. Rouse's treatise will doubtless be productive of very extensive benefit ; for it seems to us to have been very care- fully prepared, exceedingly well com- posed and written, and to indicate much experience in copyhold law on the part of the author." — Solicitors' Journal. BSNHAM'S STUDENT'S EXAMINATION GUIDE. The STUDENT'S GUIDE to the PRELIMINARY EXAMINATION for ATTORNEYS and SOLICITORS, and the Oxford and Cambridge Local Examinations and the College of Pre- ceptors, to which are added numerous Suggestions and Examination Questions selected from those asked at the Law Institution. By James Erle Benham, of King's College, London. 12mo. 3s. cloth. " The book is artistically arranged. It will become a useful guide and instructor, not only to Law Students, but to every Student who is preparing for a preliminary examination." — Law Journal. '•' Mr. Benham has produced a very useful manual for the aid of intending candidates at the solicitors' preliminary examinations, and the Oxford and Cam- bridge local examinations. He gives many suggestions on all the subjects of examination and full information thereon." — Law Examination Reporter. "The book is written in a clear and agreeable style, and, in spite of a few blemishes, will no doubt be tound useful by the class of readers for whom it is intended." — Law Magazine and Review. " This book is intended for the use of those who are about to undergo the pre- liminary examinations for attorneys and solicitors and for the Oxford and Cam- bridge local examinations. The student may learn from Mr. Benham what he has to do and the way to do it. We have no doubt that * Benham's Student's Exami- nation Guide' will be largely patronised in this examining age." — Standard. " The author of this treatise has written the present most serviceable work, by aid of which the examinations should be passed without difficulty " — Sunday Times. MESSRS. BUTTERWORTII, 7, FLEET STREET, E.C. 11 Benham's Student's Examination (Snide— continued. "A useful little treatise by Mr. James Erie Benham, intended to supply to Students, about to encounter the exami- nation which precedes entering into artii lis of clerkship, the necessary infor- mation as to subjects of Study,''— Star. "He has succeeded in producing a book which will doubtless prove useful to those Students who desire to prepare thems Ives for examination without the assistance of a tutor." —Irish Law Times. " It is certainly a useful guide to that curious olla podrida expected from the candidate. It may be well to have a systematized mode of " cram," suggested in a distinct and accurate manner." — London Review. DIXON'S LAW OF PARTNERSHIP. A TREATISE on the LAW OF PARTNERSHIP. By Joseph Dixon, of Lincoln's Inn, Esq., Barrister at Law, Editor of " Lush's Common Law Practice." 1 vol. 8vo. 22s. cloth. " Mr. Dixon's manual on the law of partnership will be an acceptable addition to the shelves of our law libraries, whilst from its portable size it will be eyually useful as a companion in Court. He has evidently bestowed upon this book the same conscientious labour and painstaking industry for which we hail to compliment him some months since when reviewing his edition of ' Lush's Practice of the Su- perior Courts of Law,' and. as a result, he has produced a clearly written and well- arranged manual upon one of the most im- portant branches of our mercantile law." Law Journal. " Mr. Dixon has done his work well. The book is carefully and usefully pre- pared."— Solicitors' Journal. " Mr. Dixon enters into all the condi- tions of partnerships at common law, and defines the rights of partners among them- selves ; the rights of the partnership against third persons ; the rights of third persons against the partnership; and the rights and liabilities of individuals, not actually partners, but liable to be treated by third persons as partners."— Times. " Weheartily recommend to practitioners and students Mr. Dixon's treatise as the best exposition of the law we have read, for the arrangement is not only artistic, but conciseness has been studied without sacrifice of clearness. Me sets forth the principles upon which the law is based as well as the cases by which its application is shown. Hence it is something more than a digest, which too many law books are not : it is really an essay."— Law Times. " The appearance of this volume at the present time is very opportune. Mr. Dixon has done wisely in limiting his work to private partnerships. The law of public companies is now a distinct matter, and each subject has attained a magnitude which renders its separate treatment de- sirable. The law of partnerships at com" mon law, as it is established by the latest decisions, will be found concisely stated in these pages. The matter is well arranged and the work is carefully executed."— Athenmim. " It is with considerable gratification that we find the subject treated by a writer of Mr. Dixon's reputation for learning, ac- curacy and painstaking. Mr. Lindley's view of the subject is that of a philoso- phical lawyer. Mr. Dixon's is purely and exclusively practical from beginning to end. We imagine that very few questions are likely to come before the practitioner which Mr. Dixon's book will not be found to solve. Having already passed our opi- nion on the way in which the work is car- ried out, we .have onlv to add, that the value of the book is very materially in- creased by an excellentmarginal summary and a very copious index."— Law Maga- zine and Review. 12 LAW WORKS PUBLISHED BY MR. JUSTICE LUSH'S COMMON LAW PRACTICE. By DIXON.— Third Edition. LUSH'S PRACTICE of the SUPERIOR COURTS of COMMON LAW at WESTMINSTER, in Actions and Proceedings over which they have a common Jurisdiction : with Introductory Treatises respecting Parties to Actions; Attornies and Town Agents, their Qualifications, Rights, Duties, Privileges and Disabilities; the Mode of Suing, whether in Person or by Attorney, in Forma Pauperis, &c. &c. &c; and an Appendix, containing the authorised Tables of Costs and Fees, Forms of Proceedings and Writs of Execution. Third Edition. By Joseph Dixon, of Lincoln's Inn, Esq., Barrister- at-Law. 2 vols. 8vo. 46s. cloth. " Lush's Practice is what Tidd's Prac- tice was in our days of clerkship, and what Archbold's Practice was in our early pro- fessional days — the practice in general use, and the received authority on the subject. It was written by Mr. Lush when he was only a junior rising into fortune and fame. His practical knowledge, his clearness and industry, were even then acknowledged, and his name secured for his work an im- mediate popularity which experience has confirmed and extended. But the book was in its turn productive of considerable ad- vantage to the author; it largely increased the number of his clients. When new edi- tions were called for, Mr. Lush was too oc- cupied with briefs to find time for the prepa- ration of books ; and hence the association of his name with that of Mr. Dixon as editor, and by whom the new edition has been produced. Mr. Dixon reminds us,that twenty-five years have passed siuce Mr. Lush made his appearance as an author, and vast indeed have been the changes the law has since witnessed. So numerous are they, that the editor has found it the most convenient course to ignore, as it were, the second edition, to take the text of the ori- ginal work as it came fresh from M r. Lush's pen, and to mould that to the present prac- tice. He is thus enabled to assure the reader that for every alteration in, or addition to, the text, he alone is responsible. I he index is very copious and complete. Under Mr. Dixon's care. Lush's Practice will not merely maintain, it will largely extend, its reputation." — Law Times. " This is an excellent edition of an ex- cellent work. We think that Mr. Dixon has been wise in basing his work on the original edition of the Practice, and not upon the second edition published in the year 185fi. As Mr. Lush's heavy profes- sional engagements made it impossible for him to remodel his book himself, the best course was, that it should be re-edited at first hand, and not indirectly. Lite- rary patchwork is always objectionable. To edit an author is a task requiring great skill ; but to edit an author's tditor is still more difficult. We congratulate Mr. Dixon on the judgment he has dis- played in selecting the former alterna- tive. He has effected a most successful ' restoration.' As far as the great changes in the law permit, he has re-produced the original work. He has adopted Mr. Lush's arrangement, and only made those alter- ations and additions which recent legisla- ture has rendered indispensable. The whole work, whichcontainsaltogetherl, 183 pages, concludes with a copions index en- tirely re-written and very considerably enlarged. Altogether, both in what he has omitted and whit he has added, Mr. Dixon has been guided by sound discre- tion. We trust that the great and con- scientious labours he has undergone will be rewarded. He has striven to make his work ' thorough,' and because he has done so, we take pleasure in heartily re- commending it to every member of both branches of the profession." — Solicitors' Journal. " The profession cannot but welcome with the greatest cordiality and pleasure a third edition of their old and much valued friend ' Lush's Practice of the Superior Courts of Law ' Mr. Dixon, in preparing this edition, has gone back to the original work of Mr. Justice Lush, and, ns far as the legislative changes and decisions of the last twenty -five years would allow, reproduced it. This adds greatly to the value of this edition, and at the same time speaks volumes for Mr. Dixon's conscientious labour."— Law Journal. MESSRS. BUTTERWOKTH, 7, FLEET STREET, E.C. 13 BAINBRIDGE ON MINES.— Third Edition. A TREATISE on the LAW of MINES and MINERALS. By William Bainbridgk, Esq., F.G.S., of the Inner Temple, Barrister at Law. Third Edition, carefully revised, and much enlarged by additional matter relating to Rights of Way and Water and other Mining Easements, the Construction of Leases, Cost Book and General Partnerships, Injuries from Undermining and Inunda- tions, Barriers and Working out of Bounds and Disputes with Work- men. With an Appendix of Forms and Customs, and a Glossary of English Mining Terms. 8vo. 30s. cloth. "After an interval of eleven years we and the additions and corrections made in have to welcome a new edition of Mr. the volume before us furnish ample evi- Bainbridfre's work on. Mines and Minerals, dence of the fact. It may be also stated It would be entirely superfluous to attempt that this book, being priced at 30s ., has the a general review ol a work which has for exceptional character of being a cheap law so long a period occupied the position of publication."— Law Journal. the standard work on this important sub- " Mr. Bainbridge was we believe, the ject. Those only who, by the nature of first to collect and publish, in a separate their practice, have learned to lean upon treatise, the Law of Mines and Minerals, Mr. Bainbridge as on a solid staff, can and the work was so well done that his appreciate the deep research, the admirable volume at once took its place in the law method, and the graceful style of this library as the text book on the subject to model treatise. Therefore we are merely which it was devoted. 'I his work must reduced to the enquiry, whether the law be already familiar to all readers whose has, by force of statutes and of judicial practice brings them in any manner in decisions, undergone such development, connection with mines or mining, and they modification or change since the year 1856 well know its value. We can only say of as to justify a new edition 1 That question this new edition that it is in all respects may be readily answered in the affirmative ; worthy of its predecessors. '—Law 1 imes. LOVESY'S LAW OF MASTERS AND WORKMEN. {Dedicated, by per mission, to Lord St. Leonards.) The LAW of ARBITRATION between MASTERS and WORKMEN, as founded upon the Councils of Conciliation Act of 1867 (30 & 31 Vict. c. 105), the Master and Workmen Act (5 Geo. 4, c. 96), and other Acts, with an Introduction and Notes. By C. W. Lovesy, Esq., of the Middle Temple, Barrister at Law. 12mo. 4s. cloth. " I think you have bestowed muchatten- useful notes."— Lord St. Leonards. tiou upon the later statute, and added some FINLASON ON HEREDITARY DIGNITIES. A DISSERTATION on the HISTORY of HEREDI- TARY DIGNITIES; particularly as to their course of Descent and their Forfeiture by Attainder ; with Special Reference to the Earldom of Wiltes. By W. F. Finlason, Esq., Barrister at Law. 8vo. 5s. cloth. "As an inquiry into an important fully the modes in which dignities may question of peerage law, it cannot fail be forfeited. We heartily recommend to have much interest for not a few it as a pleasant study to laymen and readers."— Law Magazine. lawyers."— Law Times. " Mr. Finlason discusses very care- 14 LAW WORKS PUBLISHED BY LEWIS'S INTRODUCTION TO EQUITY DRAFTING. PRINCIPLES of EQUITY DRAFTING, with an APPENDIX of FORMS. By Hubert Lewis, B.A., of the Middle Temple, Barrister-at-Law, Author of " Principles of Conveyancing explained and Illustrated." Post 8vo. 12s. cloth. *** This Work, intended to explain the general principles of Equity Drafting, as well as to exemplify Pleadings of the Court of Chancery, will be useful to lawyers ?-esort- ing to the New Equity Jurisdiction of the County Courts. " Practic illy the rules that apply to the drafting and reading of bills will apply to tne composition of the County Court docu- ment that will be substituted for the bill. Mr. Lewis's work is therefore likely to have a much wider circle of readers than he could have anticipated when he com- menced it, for almost every page will be applicable to County Court Practice, should the bill, in any shape or under any title be retained in the new jurisdiction, — without it we fear that equity in the County Courts will be a mass of uncertainty, — with it every practitioner must learn the art of equity drafting, and he will find no better teacher than Mr. Lewis." — Law Times. " We have little doubt that this work will soon gain a very favourable place in the estimation of the Profession. Jt is written in a clear and attractive style, and is plainly the result of much thoughtful and conscientious labour." — Law Maga- zine and Review, LEWIS'S INTRODUCTION TO CONVEYANCING. PRINCIPLES of CONVEYANCING EXPLAINEDantl ILLUSTRATED by CONCISE PRECEDENTS. With an Appendix on the Effect of the Transfer of Land Act in Modifying and Shortening Conveyances. By Hubert Lewis, B. A., late Scholar of Emman. Coll. Cambridge, of the Middle Temple, Barrister-at-Law. 8vo. 18s. cloth. " Mr. Lewis is entitled to the credit knowledge of the various subjects treated of, and is clearly and intelligibly written. Students will now not only be able to become proficient draftsmen, but, by care- fully studying Mr. Lewis's dissertations, may obtain an insight into the hitherto neglected Principles of Conveyancing." —Legal Examiner. " On the whole, we consider that the work is deserving of high praise, both for design and execution. It is wholly free from the vice of. bookmaking, and indicates considerable jcflection and learning. Mr. Lewis has at all events succeeded in producing a work to meet an acknowledged want, and we. have no doubt he will find many grateful readers amongst more advanced, not less than among younger students." — Solicitors' Journal and Reporter. " Mr. Lewis has contributed a valuable aid to the law student. He has condensed the Practice of Conveyancing into a shape that will facilitate its retention on the memory, and his Precedents are usefully arranged as a series of progressive lessons, which may be either used as illustrations or exercises." — Law Times. of having produced a very useful, and, at the same time, original work. This will appear from a mere outline of his plan, which is very ably worked out. The manner in which his dissertations elu- cidate his subject is clear and prac- tical, and his expositions, with the help of his precedents, have the best of all qualities in such a treatise, being eminently judicious and substantial. Mr. Lewis's work is conceived in the right spirit. Although a learned and goodly volume, it may yet, with perfect propriety, be called a 'handy book.' It is besides a courageous attempt at legal improvement; and it is, perhaps, by works of such a character that law reform may be best accomplished." — Law Magazine and Review. " By the diligent and painstaking stu- dent who has duly mastered the law of property, this work will undoubtedly be hailed as a very comprehensive exponent of the Principles of Conveyancing." — Leguleian, or Articled Cleris' Magazine. " The perusal of the work has given us much pleasure. It shows a thorough MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. J 5 MOSELY'S ARTICLED CLERKS' HANDY BOOK. A PRACTICAL HANDY BOOK of ELEMENTARY LAW designed for the use of ARTICLED CLERKS, with a course of Study, and Hints on Reading for the Intermediate and Final Examinations. By M. S. Mosely, Solicitor, Clifford's Inn Prizeman, M.T. 1867. 12mo. 7s. cloth. Contents. — Introductory Remarks. — Chap. I. — The First Year. — Introduc- tion to the Office — What may be learned by copying a Draft — Explanation of technical terms — The profession, and its subdivisions — Conveyancing ; Equity ; Common Law; Bankruptcy Law — Office work and Office routine — Course of reading for the first year — Practical hints on reading — System of self-exami- nation. Chap. II. — The Second Year. — Practical view of the ordinary routine of Conveyancing — Investigation of Titles — Purchases — Leases — Mortgages — Settlements — Wills — Course of reading for the second year — Introduction to the Statute-law — General analysis of the Statutes at lar^e, preliminary to their study. Chap. III. — The Third Year. — Office work — Suggestions for acquiring a knowledge of the Details of Common law practice — The Courts — Nisi Prius business — The Brief and its preparation — Marshalling the Evidence — General rules of Evidence — A short practical view of the ordinary steps in an Action, with examples — Course of reading for the third year : the Intermediate Exami- nation — Points to be attended to in reading for it — Method of answering the Examiners' questions — The Statute law (continued). Chap. IV. — The Fourth Year. — The County Courts — Method of acquiring a knowledge of Practice — Hints on Advocacy — Course of reading for the fourth year. Chap. V. — The Last Year. — Assignment of Articles — The town agent's office — London pro- fessional life — Attendance at Chambers — Rules of Pleading — General view of points to be attended to during the last year under Articles — Course of reading for the fifth year: Resume of old books — Analysis of Case law. Chap. VI. — The final Examination — Practical suggestions on reading for the Examination — Notes and Commonplace-book — The Examiners' s andard — "Coaches," their advantages and disadvantages — Reading for honours — Routine of the Exami- nation — Admission — Conclusion. Appendix. — (A.) Practical directions for Examination and Admission. — (B.) List of standard books on special subjects. "Many a student has found on being will be useful."— Law Examination Re- turned loose in the chambers or office of porter. his master that his first few weeks or " this useful little book is intended for months are almost thrown away for want the use of articled clerks during the period of preparation. He knows nothing of law: of their articles. The style of this book is everything around him is strange, and peculiar ; it is an exaggeration of the style until he has acquired a little acquaintance adopted by Mr. Haynes in his admirable with legal rudiments, the practice by ' Uutlines of Equity.' The author seems which he is surrounded, instead of in- to think the adoption of such a style the structing him, simply conveys no idea only way to make the study of the law whatever to his mind. Mr. Mosely's little popular, and we are not prepared to say book might be placed with advantage in he is wrong." — Law Magazine and Review. the hand* of students about to enter a soli- " 1 here are few who read this book with chor's office. It will tell them many care who will not readily admit that on things, simple enough, no doubt, but still many intricate poiots of law their no- things of which in most cases they will be tions have become much clearer than ignoraut, and for want of knowing which before their acquaintance with it. Both they might otherwise lose much time; parts are well worked out, and will be and will afford them useful directions found useful ; but in the second division of as to a course of reading." — Solicitors' each chapter the law student will find most Journal. valuable information, as there Mr. Mosely "Mr. Mosely has not quite followed in not only marks out the course of reading the track of those who have preceded him. which he recommends for each year, but To some extent his plan is new, and the also carefully analyses the contents of each novelty consists in this, that he sketches book, and points out those chapters and out a course of work and study for each subjects which it will be most advantageous year's pupilage, this plan is no doubt for the student to master at the first read- the one Mr. Mosely sketched out for him- ing, and those which he ought to defer till self when a clerk, and followed up with a second perusal and a wider experience so much success. To those who really have made him more competent to under- will work from the commencement of stand them. The style is remarkably good, their pupilage and carry on their labours and.considering the subject, free from tech - steadily and systematically to the end it meal expressions." — Irish Law Times. 16 LAW WORKS PUBLISHED BY GRANT'S LAW OF BANKING.— Second Edition by Fisher. GRANT'S LAW of BANKERS and BANKING and BANKS of ISSUE, Limited and Chartered, and Winding-up; Directors, Managers and Officers ; and the Law as to Cheques, Circular Notes or Letters of Credit, Bank Notes, Exchequer Bills, Coupons, Deposits, &c. (Appendix contains the Bank Notes Issue Bill, and Reasons for Bill, and Official Bank Returns). Second Edition. By R. A. Fisher, Esq., of the Middle Temple, Barrister at Law. 8vo. 21s. cloth. "The present editor has very much increased the value of the original work, a work whose sterling merits had already raised it to the rank of a standard text- book." — Law Magazine. " No man in the profession was more competent to treat the subject of Banking than Mr. Grant. This volume appears opportunely. To all engaged in the liti- gations, as well as to all legal advisers of bankers, Mr. Grant's work will be an invaluable assistant. It is a clear and careful treatise on a subject not already exhausted, and it must become the text- book upon it." — Law Times. "A Second Edition of Mr. Grant's well-known treatise on this branch of the law has been called for and very ably supplied by Mr. Fisher." — Law Times, Second Notice. "The learning and industry which were so conspicuous in Mr. Grant's former work are equally apparent in this. The book supplies a real want, which has long been felt both by the profession and by the public at large."— jurist. " We commend this work to our readers. This treatise is at once prac- tical and intelligible, and is of use alike to the unprofessional as well as the pro- fessional reader. No bank, whether a private concern or a joint-stock com- pany, should be without it." — Money Market Review. DAVIS'S LAW OF MASTER AND SERVANT. THE MASTER AND SERVANT ACT, 1867: with an Introduction, Notes and Forms, Tables of Offences, and an Index. By James Edward Davis, Esq., Barrister at Law, Stipendiary Magistrate for Stoke-upon-Trent. 12mo. 6s. cloth. " We are glad to see that the question has been treated so ably and carefully as it is in the present volume. Mr. Davis is well fitted to point out the scope and general intentions of the statute, while his experience as stipendiary magistrate of Stoke-upon-Trent render his suggestions as to the practice and procedure to be employed in working out its provisions peculiarly valuable." — Solicitors' Journal. " the task that Mr. Davi undertook in editing this new Master and Servant Act has been well performed, and indeed in a manner that probably no one, who did not enjoy the exceptional advantages for the purpose that Mr. Davis does, could have executed so satisfactorily." — lriih Law Times. " With such a manual before them as that of Mr. Davis, magistrates and practi- tioners will have little difficulty in fully comprehending the law and knowing how to apply it. We therefore recommend this edition to them."— Gloucester Journal. " The edition of the act which Mr. Davis, the stipendiary magistrate at ^toke-upon- Trent, has just published, will prove of great use as a clue to this legislative laby- rinth. In this little work so much of the statutes referred to as is lequired to make the new law intelligible is quoted at full length; and Mr. Davis has also added sundry tables of matters and things within the jurisdiction of justicesunderthe Master and Servant Act which remedy as far as possible the omissions of the measure it- self." — Satuiday Review. " This will be found a useful little work for all who have occasion to inquire into master and servant laws as affected by the statute of last session. 1 his book is calcu- lated to be especially serviceable to magis- trates and justices of the peace, and they undoubtedly will find it very useful. It is written by one of themselves and is there- fore likely to be particularly adapted to their wants."— Law Journal, " He has been enabled to present in this volume a lucid interpretation of the recent act ; an interpretation, the necessity for which will be appreciated from the fact that the act of lt!ri7 bas been based on a number of statutes to wliich it refers merely in a schedule. 1 his book summarizes the state of the law before the passing of the act and points out the changes which have been effected thereby."— Observer. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 17 DAVIS'S COUNTY COURTS PRACTICE AND EVIDENCE.— Third Edition. A MANUAL of the PRACTICE and EVIDENCE in ACTIONS and other PROCEEDINGS in the COUNTY COURTS, including the PRACTICE IN BANKRUPTCY, with an Appendix of Statutes and Rules. By James Edward Davis, of the Middle Temple, Esq., Barrister at Law. Third Edition, considerably enlarged. One thick volume. Royal 12mo. 28s. cloth. *** This is the only Wort on the County Courts which gives Forms of Plaints and treats fully of the Law and Evidence in Actions and other Proceedings in these Courts. DAVIS'S COUNTY COURTS ACT, 1367. THE COUNTY COURTS ACT, 1867; and the Pro- visions of the Common Law Procedure Act, 1854, relating to Dis- covery, Attachment of Debts and Equitable Defences applied by Order in Council to the County Courts. Edited, with Notes and Introduction and a Chapter on Costs, together with all the New County Court Rules, by James Edward Davis, Esq., Barrister at Law. Royal 12mo. 12s. cloth. — ♦ — DAVIS'S COUNTY COURTS EQUITABLE JURISDICTION. THE ACT to CONFER on the COUNTY COURTS a LIMITED JURISDICTION in EQUITY, 28 & 29 Vict. cap. 99, with the New Rides, and the Forms and Costs of Proceedings ; also Introductory Chapters, copious Notes and a full Index. By James Edward Davis, Esq., of the Middle Temple, Barrister at Law. Royal 12mo 5s. cloth. — ♦ — DAVIS'S LAW OF REGISTRATION AND ELECTIONS. A MANUAL of the LAW of REGISTRATION and ELECTIONS: with a SUPPLEMENT comprises the Cases on Ap- peal, 18(38-1869; the Rules and Cases relating to Election Petitions; the Poor Rate Assessment Act, 1SG9 ; and a complete Index to the whole Work. By James Edward Davis, Esq., Barrister at Law. 12 mo. 15s. cloth. "A work which in our judgment is duties by the officials." — Law Journal. the handiest and most useful of the " He has done well. In its way, Mr. 'manuals' which the Reform Act of Davis's work will he exceedingly useful, 1867 has brought into existence."— Law for it is edited with his usual care, printed Magazine. in excellent style, and published in a " We think this the best of the now most convenient form." — Laic Times. numerous works on this subject." — " An able summary of the law of Solicitors' Journal. representation." — Standard. "No one comes forward with better "The reputation which Mr Davis credentials than Mr. Davis, and the book enjoys as an able and conscientious before us seems to possess the qualities lawyer affords the surest guarantee that essential to a guide to a discharge of their the work may be relied on." — Star. *,* The SUPPLEMENT may be had separately, price 3s. sewed. 18 LAW WORKS PUBLISHED BY CLARK'S DIGEST OF THE HOUSE OF LORDS CASES. A DIGESTED INDEX to all the REPORTS in the HOUSE of LORDS, from the Commencement of the Series by Dow, in 1814, to the end of the Eleven Volumes of House of Lords Cases; with references to more recent decisions. By Charles Clark, Esq., of the Middle Temple, Barrister, Reporter by Appoint- ment to the House of Lords. 1 vol., royal 8vo. 3 Is. 6d. cloth. : The decisions of the supreme tri- tions of mere precedent. The acknow- bunal of this country, however authori- tative in themselves, were not, until of late years, at all familiar to the greatbody of the legal profession, the early reports of them being in the hands of but few persons. In that tribunal, more than in any other, questions can be considered, as they have been, upon purely legal prin- ciples, freed from the fetters and obstruc- ledged eminence of the noble and learned persons by whom the decisions have been pronounced, gives them a value beyond their official authoritativeness. It is hoped that this digest will have the effect of making the profession at large fami- liarly acquainted with them." — Prefa- tory Notice. BARRY'S PRACTICE OF CONVEYANCING. A TREATISE on the PRACTICE of CONVEY- ANCING. By W. Whittaker Barry, Esq., of Lincoln's Inn, Bar- rister-at-Law, late holder of the Studentship of the Inns of Court, and Author of "The Statutory Jurisdiction of the Court of Chancery." 8vo. 18s. cloth. Contents. Chap. I. Abstracts of Title. — Chap. 2. Agreements.— Chap. 3. Particulars and Conditions of Sale. — Chap. i. Copyholds. — Chap. 5. Covenants. — Chap. 6. Creditors' Deeds and Arrangements — Chap. 7. Preparation of Deeds. — Chap. 8. On Evidence. — Chap. 9. Leases.— CHAr. 10. Mortgages. — Chap. 11. Partner- ship Deeds and Arrangements. — Chap. 12. Sales and Purchases.— Chap. 13. Settlements.— Chap. 14. Wills.— Chap. 15. The Land Registry Act, 25 & 26 Vict. c. 53.— Chap. 16. The Act for obtaining a Declaration of Title, 25 & 26 Vict. c. 67.— Index. "This treatise supplies a want which has long been felt. There has been no tieati^e ou the practice of conveyancing issued for a long time past that is ade- quate for the present requirements. Mr. Parry's work is essentially what it pro- fesses to he, a treatise on the practice of conveyancing, in which the theoretical rules of real property law are referred to only for the purpose ot elucidating the practice. The treatise, although capable of compression, is the production of a person of gieac merit and still greater promise." — Solicitors' Journal. " The author of this valuable treatise on conveyancing lias most wisely devoted a considerable part of his work to the practical illustration of the working of the recent Statutes on Registration of Title, and for this as well as for other reasons we feel bound to strongly recom- mend it to the practitioner as well as the student. The author has proved himself to be a master ot the subject, for he not only gives a most valuable supply of prac- tical sugiestions, but criticises them with much ability, and we hive no doubt that his criticism will meet with general ap- proval." — Law Magazine. " Readers who recal the instruction they gathered from this treatise when published week by week in the pages of the ' Law Times' will be pleased to learn that it has been re-produced in a hand- some volume, which will be a welcome addition to the law library. The informa- tion that the treatise so much admirtd may now be had in the more convenient form of a book will suffice of itself to secure a large and eager demand for it." — Law Times. "The work is clearly and agreeably written, and ably elucidates the subject in hand." — Justice of the Peace. " We must content ourselves with the statement that the present is a work of very great ability. There is no modern woik which deals with precisely the same subject, and we have no doubt whatever that this will prove a book of very great value both to the practitioner and to the student at law." — Athenaum. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 19 TUDOR'S LEADING CASES ON REAL PROPERTY. Second Edition. A SELECTION of LEADING CASES on the LAW relating to REAL PROPERTY, CONVEYANCING, and the CONSTRUCTION of WILLS and DEKDS; with Notes. By Owen Davies Tudor, Esq., of the Middle Temple, Barrister at Law, Author of " Leading Cases in Equity." Second Edition. One thick vol., royal 8vo., 42s. cloth. " The Second Edition is now before us, and we are able to say that the same ex- tensive knowledgeand the same laborious industry as have been exhibited by Mr. Tudor on former occasions characterize this later production of his legal author- ship: and it is enough at this moment to reiterate an opinion that Mr. Tudor has well maintained the high let:*! reputation which his standard works have achieved in all countiies where the English Ian- guage is spoken, and the decisions of our Courts are quoted." — Law Magazine and Review. " The work before us comprises a digest of decisions which, if not exhaustive of all the principles of our real property code, will at least be found to leave no- thing untouched or unelaborated under the numerous legal doctrines to which the cases severally relate. To Mi.Tudor's treatment of all these subjects, so com- plicated and so varied, we accord our entire commendation. There are no omis- sions of any important cases relative to the various branches of the law comprised in the work, nor are there any omissions or defects in his statement of the law itself applicable to the cases discussed by him. We cordially recommend the work to the practitioner and student alike, hut especially to the former." — Solicitors' Journal and Reporter. " In this new edition, Mr. Tudor has carefully revised his notes in accordance with subsequent decisions that have modi- fied or extended the law as previously expounded. This and the other volumes of Mr. Tudor are almost a law library in themselves, and we are satisfied that the student would learn more law from the careful reading of them, than he would acquire from double the time given to the elaborate treatises which learned pro- fessors recommend the student to peruse, with entire forgetfulness that time and brains are limited, and that to do what they advise would be the work of a life." —•Law Times. "This well-known woik needs no re- commendation. Justice, however, to Mr. Tudor requires us to say that familiarity with its pages from its first appearance have convinced us of its value, not only as a repertory of cases, but a judicious summary of the law on the subjects it treats of. So far as we can see, the author has brought down the cases to the latest period, and altogether there have been added about 170 pages of notes in the present edition. As a guide to the present law the book will now be of great value to the lawyer, and it will be especially useful to him when away from a large library." — Jurist. BROWNING'S DIVORCE AND MATRIMONIAL PRACTICE. THE PRACTICE and PROCEDURE of the COURT for DIVORCE AND MATRIMONIAL CAUSES, including the Acts, Rules, Orders, Copious Notes of Cases and Forms of Practical Proceedings, with Tables of Costs. By W. Ernst Browning, Esq., of the Inner Temple, Barrister- at-law. Post Svo. 8*. cloth. Mr. Browning's little volume will doubt- less become the practice of the Divorce Court." — Law Times, "If the future editions are edited with the same care and ability that have been be- stowed upon this, it will probably take its place as the Practice of the Divorce Court."— Jurist. " lie appears to have diligently collated the reported cases, which he states with precision and clearness." — Solicitors' Journal. " A work of very considerable merit and prreat practical utility, and we have in this work what the lawyer and the practitioner require. " — Law Magazine and Review. 20 LAW WORKS PUBLISHED BY CHRISTIE'S CRABB'S CONVEYANCING. — Fifth Edition, by Shelf or d. CRABB'S COMPLETE SERIES of PRECEDENTS in CONVEYANCING and of COMMON and COMMERCIAL FORMS in Alphabetical Order, adapted to the Present State of the Law and the Practice of Conveyancing; with copious Prefaces, Obser- vations and Notes on the several Deeds. By J. T. Christie, Esq., Barrister-at-Law. The Fifth Edition, with numerous Corrections and Additions, by Leonard Shelford, Esq., of the Middle Temple, Barrister-at-Law. Two vols, royal 8vo , 3/. cloth. General Table of Heaps of Prefaces and Forms. Abstracts. — Accounts. — Acknowledgments. — Acquittances. — Admit lances. — Affida- vits, Affirmations or Declarations. — Agreements: to relinquish Business: to Guarantee : for a Lease : before Marriage : lor a Partition : between Principal and Agent : for the Sale and Purchase of Estates : for Sale of Copyhold Estates : for Sale of Leaseholds • for Sale of an Advowson. — Annuity : secured on Copyholds. — Annuities : Assignments of. — Appointments : of Guardians. — Apportionment. — Apprenticeship: to the Sea Service : to an Attorney: Assignment of. — Arbi- tration: Award. — Assignments: Bonds: Leases: Patents: Pews: Policies of Insurance: Reversionary Interests. — Attestations. — Attornments. — Auctions : Particulars of Sale. — Bargains and Sales : of Timber. — Bills of Sale of Goods. — Bonds: Administration: Receiver pending Suit : Post Obit : Stamps on.— Cer- tificates.— Composition : Conveyances in Trust for Creditors. — Conditions : of Sale. — Confirmations. — Consents. —Copartnership : Dissolution of Copartner- ship. — Covenants : Stamps on : for Production of Title Deeds. — Declarations. — Deeds : I. Nature of Deeds in General : II. Requisites of a Deed : III. Formal parts of Deeds : IV. Where a Deed is necessary or otherwise : V. Construction of Deeds; VI. Avoiding of Deeds : VII. Proof of Deeds : VIII. Admission of Parol Evidence as to Deeds : IX. Possession of Deeds : X. Stamp Duty on Deeds. — Defeasances.— Demises. — Deputation. — Disclaimers. — Disentailing Deeds. — Distress : Notices of. — Dower. — Enfranchisements. — Exchanges. — Feoffments. — Further Charges. — Gifts. — Grants. — Grants of Way or Rnad. — Indemnities. — Leases : I. Nature of Leases in General : II. Requisites to a Lease : III. Parts of a Lease : IV. Incidents to a Lease : V. Stamps on Leases. — Letters of Credit. — Licences. — Mortgages: of Copyholds: of Leaseholds: Transfer of: Stamp Duty on. — Notes, Orders, Warrants, &c. — Notices : to Quit. — Partition. — Powers : of Attorney. — Presentation. — Purchase Deeds : Conveyance of Copy- holds : Assignments of Leaseholds : Stamps on. — Recitals. — Releases or Convey- ances: or Discharges. — Renunciations or Disclaimers.— Resignations. — Revoca- tions.— Separation. — Settlements : Stamp Duty on. — Shipping : Bills of Lading : Bills of Sale: Bottomry and Respondentia Bonds : Charter Parties. — Surrenders. —Wills: 1. Definition of Will and Codicil : 2. To what Wills the Act 7 Will. 4 & 1 Vict. c. 26 does not apply : 3. What may be disposed of by Will : 4. Of the capacity of Persons to make Wills : 5. Who may or may not be Devisees : 6. Exe- cution of Wills : 7. Publication of Wills : 8. Revocation of Wills : 9. Lapse of Devises and Bequests : 10. Provisions and Clauses in Wills: 11. Construction of Wills. "In carefulness we have in him asecond name appears on the title-page; if there Crabb, in erudition Crabb's superior; and be any who are not well acquainted with the result is a work of which the original them, we venture to recommend to such author woubl have been proud, could it the work before us. as the most generally have appeared under his own auspices. It useful and convenient collection of prece- is not a book to be quoted, nor indeed dents in conveyancing, and of commercial could its merits be exhibited by quotation. firms for ordinary use, which are to be It is essentially a book of practice, which had in the English language." — Solicitors' can only be. described in rude outline and Journal and Reporter. dismissed with applause, and arecommend- " Those who have been in the habit of atiou of it to the notice of those for whose using Crabb's work will allow that his service it has teen so laboriously com- ' Prefaces' contain practical observations piled."— Law Times. of considerable utility to the professional " Mr, shelford has proved himself in man. The How of time carrying with it this task to be not unworthy of his former many changes, and some reforms in the law reputation. To those fimiliar with his relative to conveyancing, have imposed other works it will be a sufficient recom- the obligation upon Mr. Shelford of care- uiendation of this work that Mr. S'nel ford's fully revising all, and in many instances MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 21 Christie's Crabb's Conveyancing— continued. has rendered it expedient for him tore-write no' a snnll portion of some of these Pre- faces. Mr shelford has also had to exer cise, and we doubt not with correct judg- ment has exercised, his discretion as to where he should reject Forms which he deemed it advisable to omit, and where he should revise them or introduce new ones, to meet the modern exigencies and charac- teristics of conveyancing. To this im- portant part of his duty — the remodelling and perfecting of the Forms — even with the examination which we have already- been able to afford this work, we are able to affirm, that the learned editor has been eminently successful and effected valuable improvements." — Law Magazine and He- view. " It possesses one distinctive feature in devoting more attention than usual in such works to forms of a commercial nature. We are satisfied from an examination nf the present with the immediately preced- ing edition that Mr. Shelford has very con- siderably improved the character of the work, both in the prefaces and in the forms. The two volumes contain several hundred pages of additional matter, and both the latest cases and decisions appear to be noticed in the prefaces. Indeed it is evi- dent that Mr. Shelford has modernized the whole work, and thus given it an additional value. On the whole the two volumes of Crabb's Precedents, as edited by Mr. Leonard Shelford, will be found extremely useful in a solicitor's office, presenting a large amount of real property learning, with very numerous precedents: indeed we know of no book so justly entitled to the appellation of ' handy' as the fifth edition of Mr. Crabb's Precedents."— Law Chronicle. CHITTY, Jun., PRECEDENTS IN PLEADING.— 3rd Edition. CHITTY, Jun., PRECEDENTS in PLEADING; with copious Notes on Practice, Pleading and Evidence, by the late Joseph Chitty, Jun., Esq. Third Edition. By the late Tompson Chitty, Esq , and by Leofric Temple, R. G. Williams, and Charles Jeffery, Esqrs., Banisters at Law. Complete in one vol. royal 8vo. 38s. cloth. (Part II. may be had separately, 18s. cloth, to complete sets.) To enter into detailed criticism and pleading. Few there are for whom assist- praise of this standard work would be quite out of place. In the present instance the matter has fallen inio competent hands, who have spared no pains. This valuable and useful work is brought done to the present time, altered in accordance with the cases and statutes now in force. Great care has been expended by the competent editors, and its usefulness, as heretofore, will be found not to be confined to the chambers of the special pleader, but to be of a more extended character. To those who knew the work of old no recommenda- tion is wanted, to those younger members of the profession who have not that privi- lege we would suggest that they should at once make its acquaintance." — Law Journal. " A book almost as well known to the profession as ' lidd' was has been repub- lished, we might almost say rewritten, and adapted to the requirements of modern ance will not he found by reference to these pages, which serve yet another useful pur- pose, by helping the lawyer to pick holes in his adversary's pleadings, as well as properly to frame his own. Nor is the volume useful in the superiorcourts only: practitioners in the county courts will find it a valuable adviser in the preparation of pleadings, such as they are." — I.aw Times. " The value of this practical work has greatly increased in the practical hands of the editors. It is framed solely with the view of being a sale and ready guide for the practitioner in the art of pleading. The notes are concise and suggestive, and almost every precedent is accompanied by a list of the cases supporting it. The pre- cedents themselves give abundant proof of the learning and care that have been de- voted to them. It is, without doubt, the the best and most complete work on plead- ing in our libraries." — Law Magazine. LATHAM ON THE LAW OP WINDOW LIGHTS. A TREATISE on the LAW of WINDOW LIGHTS. By Francis Law Latham, of the Inner Temple, Esq., Barrister at Law. Post 8vo. 10s. cloth. " This is not merely a valuable addition to the law library of the practitioner, it is a book that every law student will read with profit. It exhausts the subject of which it trtats." — Law Times. " His arrangement is logical and he discusses fully each point of his subject. The work in cur opinion is both per- spicuous and able, and we cannot but compliment the author on it" — La& Journal. " A treatise on this subject was wanted, and Mr. Latham has succeeded in meeting that want." — Athenccum. 22 LAW WORKS PUBLISHED BY CTTADWICK'S PROBATE COURT MANUAL. EXAMPLES of ADMINISTRATION BONDS for the COURT of PROBATE ; exhibiting the principle of various Grants of Administration, and the correct mode of preparing the Bonds in respect thereof; also Directions for preparing the Oaths; arranged for practical utility. With Extracts from Statutes ; also various Forms of Affirmation prescribed by Acts of Parliament, and a Supplemental Notice, bringing the Work down to 1865. By Samuel Chadwick, of Her Majesty's Court of Probate. Royal 8vo. 12s. cloth. " We undertake to say that the possession of this volume by practitioners will prevent many a hitch and awkward delay .provok- ing to the lawyer himself and difficult to be satisfactorily explained to the clients." — Law Magazine and Review. " The work is principally designed to save the profession the necessity of obtain- ing at the registries information as to the preparing or filling up of bunds, and to pre- vent grants of administration and adminis- tration with the will annexed being delayed on a< count of the defective filling up of such instruments." — Solicitors' Journal. "JNIr. Chadwick's volume will be a neces- sary part of the law library of the practi- tioner, for he has collected precedents that are in constant requirement. This is purely a book of practice, but therefore the more valuable. It tells the reader what to do, and that is the information most required after a lawyer begins to practise. '—Law Timet. FISHER'S GENERAL LAW OF MORTGAGE.— Second Edit. The LAW OF MORTGAGE, and other Securities upon Property. By William Richard Fisher, of Lincoln's Inn, Esq., Barrister at Law. Two vols. Royal 8vo. 55s. cloth. authorities accurately. The new edition of Mr. Fisher's work will be found very usetul to the practitioner, and will sup- " For a length of time it has been re- ceived as the best text book on the law of mortgages, and it has recently received the honour of a second edition. We have never been niggards towards Mr. Fisher's very laborious, learned and use- ful treatise, and we still see no reason to retract those commendations or to reduce their measure. His book tho- roughly deserves the character it has won of being the only good and com- plete repertory we have of the law of mortgages, and other securities upon property." — Law Magazine. • " As the subject-matter of the treatise has been so extended, it is scarcely sur- prising that the work has swollen from a moderately sized volume in the first edition to two closely printed octavo volumes, comprising, with Appendix and Index, nearly 1,200 pages in the second. But though the work has become larger, it cannot be said to be prolix ; on the contrary, the Author's conclusions are laid down clearly and concisely, and are not overloaded with lengthy statement of cases. The book is divided into paragraphs, which are numbered, and thiscourseatFords, when incidental mention is made of any ques- tion, a ready means of reference to the more full discussion of the same matter in another part of the work. In fine, the work has evidently been prepared with great care, and cites the later piy a want that has long been felt."- Solicitors' Journal. " Whatever may have been the merits of the papers recently submitted to the Digest of Law Commissioners by other competitors, we think the profession will feel more than satisfied at the selection of Mr. Fisher as the successful candi- date on the subject of Mortgage. The appearance of his full and elaborate treatise on this subject simultaneously ■with the announcement of the Commis- sioners' decision, gives, as it were, a materia] guarantee of Mr. Fisher's com- petency Jor undertaking that depart- ment of the work which we presume will be assigned to him. The second edition of this book, comprised in two volumes of royal octavo, has little be- yond its paternity to identify it with the original volume which appeared in 1856. If we speak of the author's first essay as merely tentative and meagre and partial, it is only to draw particular attention to the very complete arrange- ment and copious detail of the edition now before the public. . . Thesechapters taken together evince that laborious research and accuracy which, more than any other qualification, is required of a text writer, and we doubt not that the excellence of the work will receive its MESSRS. BUTTER WORTH, 7, FLEET STREET, E.C. Fisher's General Law of Mortgage— continued. due appreciation at the hands of the profession. A word in conclusion is due to the clearness and simplicity which pervades Mr. Fisher's writing. If his language is too often bold and devoid of grace it is never obscure, and we think that the absence of attractive composition will not in these days be accounted a demerit in a treatise de- signed solely for professional purposes, which possesses the essential qualities of accurate learning and lucid arrange- ment." — Law Journal. " The labour bestowed upon it by Mr. Fisher will be best understood by this fact. The mere list of cases cited in the text fills forty-three pages in double columns, and the list of statutes and orders cited occupies fifteen pages. We conclude by commending this work equally to the practitioner and the stu- dent ; it will be invaluable to the former for reference, to the latter for reading and digesting." — Law Timet. HUNTER'S SUIT IN EQUITY.— Fourth Edition. AN ELEMENTARY VIEW of the PROCEEDINGS IN A SUIT IN EQUITY. With an Appendix of Forms. By Sylvester J. Hunter, B.A., of Lincoln's Inn, Barrister at Law. Fourth Edition, by G. W. Lawrance, M.A., of Lincoln's Inn, Banister at Law. Post 8vo. 10s. cloth. " It is now ten years since Mr. Hunter's modest aud unpretending volume first saw the light, and few we imHgine have been the students of equity practice during those years who have not been indebted to its pages for their first initiation into the mysteries of the Court of Chancery. Within the compass of three hundred pages the reader (as far as is possible without the result ol practical experience) may obtain an accurate idea of the various incidental proceedings leading up to and following the decree, while the several stages of the suit are all carefully illustrated by torms referred to in the text and collected together in an appendix at the end of the volume. We will ouly add that we are glad to find this little work is in such good hands, and while it continues to receive from time to time Mr. La trance's careful revision, we venture to predict for it a long-lived success and many future editions." — Law Journal. " An outline, after this fashion, of a suit in equity is contained iu Mr. Hunter's little volume, and that it has been found to perforin its promise is proved by its arrival at a fourth edition. Mr. Lawrance has added a chapter on the equitable jurisdiction of the county courts." — Law Times. " This book has now maintained for so long a time the position of a standard manual for the use of law students that there is little for us to say respecting its general scope. The work is intended for beginners, and the design is excellently carried out. Everything is there which ought to be placed before the learner, and yet the book is not encumbered with references and details which would serve merely to embarrass him; the arrange- ment is also very clear. Since the issue of the first edition in 1858, two successive editions besides the present have been prepared by Mr. Lawrance, the present editor, a sufficient guarantee that the book has answered the purpose for which it was intended." — Solicitors' Journal. " A fourth edition attests the con- fidence of the. Profession, especially the junior branch of it, in Mr. Hunter's Suit in Equity. As a rule a woik to pass into further editions must have real merit. This merit Mr. Hunter's work contains. The style in which it is written is singu- larly clear and attractive for a book of practice, which is no doubt the cause of its acquiring and retaining the pre-emi- nence it possesses amongst books of its class." — Law Kiamination Reporter. 24 LAW WORKS PUBLISHED BY GAIUS' ROMAN LAW.- By Tomkins and Lemon. (Dedicated by permission to Lord Chancellor Hatherley.) THE COMMENTARIES of GAIUS on the ROMAN LAW : with an English Translation and Annotations. By Frederick Tomkins, Esq., M.A., D.C.L., and William George Lemon, Esq., LL.B., Barristers-at-Law, of Lincoln's Inn. Svo 27s. extra cloth. " We feel bound to speak in the highest the thanks of those who take an interest terms of the manner iu which Mr. Tomkins iu legal literature." — Solicitors' Journal. and Mr. Lemon have executed their task. "The translation is carefully executed We unhesitatingly recommend its careful and the annotations show extensive know- perusal to all students of Roman Law." — ledge of the Roman Law." — Atheneum. Law Magazine. " One of the most valuable contributions " The authors have done a good service from an English source to our legal to the study of Roman Law, and deserve literature which the last half-century has witnessed." — Edinburgh Evening Courant. GOLDSMITH'S EQUITY.— Fifth Edition. THE DOCTRINE and PRACTICE of EQUITY: or, a Concise Outline of Proceedings in the High Court of Chancery. Designed principally for the Use of Students. By George Gold- smith, Esq., M.A., Barrister-at-Law. Fifth Edition, including all the alterations made in pursuance of the late Acts, and the Orders thereon to the present time. Post Svo. 16s. cloth. This book has been written expressly an extremely comprehensive sketch of the history, jurisdiction and practice of our Courts of Equity — asunmary of what could be obtained only by hard reading of l( eeve and Spence and Ayckboum and Drewry. It commences with an historical outline; then it states the principles of equity juris- prudence ; then it shows their application to the various subject-matters that fall within its jurisdictions ; and, finally, it pre- sents a cleur and very instructive sketch of the procedure by which those jurisdictions are enforced." — Law Times. " Itcontains a great deal of miscellaneous information, and if a student were confined to the selection of one book on equity, both for its doctrine and practice, he could hardly do better than choose the one before us." — Solicitors' Journal. for the use of students. The excellences of each (Smith and Hunter) appear to he successfully combined in Mr. Goldsmith's treatise. Though professedly an elemen- tary work, its merits are greater than its pretensions. Professing to accomplish a limited task, that task has been well done. We cordially recommend Mr. Goldsmith's treatise to those for whom it was designed." — Law Magazine and Review. " A volume designed for the law student. Five editions attest the approval of those who have experienced the benefit of its instructions. It has grown in bulk with each successive appearance, as Mr. Goldsmith discovered what were the wants of his readers; and a continued succession of new topics has been added. It is now KERR'S ACTION AT LAW.-Third Edition. An ACTION at LAW: being an outline of the JURIS- DICTION of the SUPERIOR COURTS of COMMON LAW, with an Elementary View of the Proceedings in Actions therein. By Robert Malcolm Kerr, LL.D., Barrister at Law; now Judge of the Sheriff's Court of the City of London. The Third Edition. 12mo. 13s. cloth. "This is just the book to put into a Stu- dent's hand when he enters the legal pro- fession. We have had occasion more than once to recommend it to the notice of our junior brethren." — Leguleian. "Mr. bassett Smith has proved himself very competent for the office. As a third edition the volume needs no description and permits no criticism. Enough to say that its present appearance will amply sus- tan the reputation it had already ac- quired." — Lsim Times. " There is considerable merit in both works (John William smith's and Malcolm Kerr's); but the second (Kerr by Bassett Smith) has rather the advantage, in being mote recent, and published since the Com- mon Law Procedure Act, 1860. '—Jurist. " Mr. Kerr's book is more full and de- tailed than that of Mr. John William Smith, and is therefore better adapted for those who desire to obtain not merely a general notion but also a practical acquaintance with Common Law Procedure." — Soli- citors' Jow nal. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 25 INDIAN CIVIL SERVICE EXAMINATIONS. An ANALYSIS of the INDIAN PENAL CODE. By John Cutler, B A., of Lincoln's Inn, Barrister at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurispru- dence at King's College, London, and Edmund Fuller Griffin, B.A., of Lincoln's Inn, Barrister at Law. 8vo. 6s. cloth. "It may be added that the Code is Cutler and Griffin have produced a use- just, at present, out of print, so that the liil little hook, and produced it at a time production of an analysis at the present when it will be especially useful." — moment is especially opportune. Messrs. Solicitors' Journal. CLIFFORD and STEPHENS' PRACTICE OF THE COURT OF REFEREES. THE PRACTICE of the COURT of REFEREES on PRIVATE BILLS in PARLIAMENT; with Reports of Cases as to the Locus Standi of Petitioners decided during the Sessions 1 807-9. By Frederick Clifford, of the Middle Temple, and Pembroke S Stephens, of Lincoln's Inn, Esquires, Barristers at Law. Royal 8vo. 31s. 6d. cloth. — * — SIR T. ERSKINE MAY'S PARLIAMENTARY PRACTICE. Sixth Edition. A PRACTICAL TREATISE on the LAW, PRIVI- LEGES, PROCEEDINGS and USAGE of PARLIAMENT. By Sir Thomas Erskine May, K.C.B., of the Middle Temple, Bar- rister at Law, Clerk Assistant of the House of Commons. Sixth Edition, Revised and Enlarged. One very thick vol. 8vo. 35s. cloth. Contents: — Book I. Constitution, Powers and Privileges of Parliament. — Book II. Practice and Proceedings in Parliament. — Book 111. The Manner of passing Private Bills, with the Standing Orders in both Houses, and the most recent Pre- cedents. " The high reputation and the proved "Six editions in twenty-four years practical utility of Sir T. Erskine May's attest the estimation in which this great work, render it unnecessary for us to work is held by the members of succes- say anything as to its merits. Sir T. sive parliaments, by the promoters of pri- Erskine May deserves the best thanks vate bills and by constitutional lawyers. of all who are interested in parliamen- It is an exhaustive treatise on that most tary proceedings, for the care and atten- lawless of all law, the law of parliament, tion he has bestowed in preparing this We may point to the words sixth edition edition of his valuable work." — Law upon the title-page as the best possible Magazine. testimony to its practical value for all " We hail with satisfaction a new edi- who are in any way concerned in the law tion of thia admirable work. The poli- and practice of parliament." — Law Tinas. tician, the lawyer, the parliamentary " Perhaps no work has achieved a agent and the educated gentleman, wil- greater teputation among lawyers tha'i find here a teacher, a guide, a digest of May's ' Parliamentary Practice.' Since practice and a pleasing companion. To the first publication in 1844, a succession legal readers the first portion of this work of editions have been called for, and now, is of the most value. We may advert to after an interval of four years since the the great, care with which the author has issue of the fifth, a sixth edition has been noted up and incorporated in this new found necessary. The work is too well edition all the changes and events of im- known to need the repetition of any portance since the publication of the fifth description of its scope." — Solicitors' edition." — Law Journal. Journal. 26 LAW WORKS PUBLISHED BY ROUSE'S PRACTICAL CONVEYANCER. Third Edition. The PRACTICAL CONVEYANCER, giving, in a mode combining facility of reference with general utility, upwards of Four Hundred Precedents of Conveyances, Mortgages and Leases, Settle- ments, and Miscellaneous Forms, with (not in previous Editions) the Law and numerous Outline Forms and Clauses of Wills and Abstracts of Statutes affecting Real Property, Conveyancing Memoranda, &c. By Rolla Rouse, Esq., of the Middle Temple, Barrister at Law, Author of " The Practical Man," &c. Third Edition, greatly enlarged. Two vols. 8vo. 30s. cloth. "The best test of the value of a book written professedly for practical men is the practical one of the number of edi- tions through which it passes. The fact that this well-known work has now reached its third shows that it is considered by those for whose convenience it was written to fulfill its purpose well."— Law Magazine. " This is the third edition iu ten years, a proof that practitioners have used aud approved the precedents collected by Mr. House. In this edition, which is greatly enlarged, he has for the first time intro- duced Precedents of Wills, extending to no less than 116 panes. We < an accord unmingled praise to the conveyancing me- moranda showing the practical effect of the various statutory provisions in the different parts of a deed. If the two pre- ceding editions have been so well received, the welcome given to this one by the pro- fession will be heartier still." — Law Times. " So far as a careful perusal of Mr. House's book enables us to judge of its merits, we think that as a collection of precedents of general utility in cases of common occurrence it will be found satis- factorily to stand the application of the test. The draftsman will find in the Practi- cal Conveyancer precedents appropriate to all instruments of common occurrence, and the collection appears to be especially well supplied with those which relate to copy- hold estates. In order to avoid useless repetition and also to make the precedents as simple as possible, Mr. Rouse has sketched out a number of outline drafts so as to present to th° reader a sort of bird's- eye view of each instrument and show him its form at a glance. Each paragraph in these outline forms refers, by distinguisj- ing letters and numbers, to the clauses iu full required to be inserted in the respec- tive parts of the instrument, and which are given in a subsequent part of the work, and thus every precedent in outline is made of itself an index to the clauses which are necessary to complete the draft. In order still further to simplify the arrange- ment of the work, the author has adopted a plan (which seems to us fully to answer its purpose) of giving the variations which may occur in any instrument according to the natural order of its different parts." — Law Journal. " That the work has found favor is proved by the fact of our now having to review a third edition. This method of skeleton precedents appears to us to be at- tended with important advantages. Space is of ccurse saved, but besides this there is the still more important consideration that the draftsman is materially assisted to a bird's-eye view of his draft. Every- one who has done much conveyancing work knows how thoroughly importaut, nav, how essential to success, is the for- mation of a clear idea of the .scope and framework of the instrument to be pro- duced, l'o clerks and other young hands a course of conveyancing under Mr. Rouse's auspices is, we think, calculated to prove very instructive. To the solicitor, espe- cially the country practitioner, who has often to set his clerks to work upon drafts of no particular difficulty to the experi- enced practitioner, but upon which they the said clerks are not to be quite trusted alone, we think to such gentlemen Mr. Rouse's collection of Precedents is calcu- lated to prove extremely serviceable. We repeat, in conclusion, that solicitors, espe- cially those practising in the country, will find this a useful work." — Solicitors' Journal. HOLLAND ON THE FORM OF THE LAW. ESSAYS upon the FORM of the LAW. By Thomas Erskine Holland, M.A., of Exeter College, Oxford, and of Lincoln's Inn, Esq., Barrister at Law, Author of " An Essay upon Composition Deeds," &c. 8vo. 7s. 6d. cloth. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 27 BRANDON'S LAW OF FOREIGN ATTACHMENT. A TREATISE upon the CUSTOMARY LAW of FOREIGN ATTACHMENT, and the PRACTICE of the MAYOR'S COURT of the CITY OF LONDON therein. With Forms of Procedure. By Woodthorpe Brandon, Esq., of the Middle Temple, Barrister-at-Law. 8vo. 14s. cloth. MOSELEY ON CONTRABAND OF WAR. WHAT IS CONTRABAND OF WAR AND WHAT IS NOT. A Treatise comprising all the American and English Authorities on the Subject. By Joseph Moseley, Esq., B.C.L., Barrister at Law. Post 8vo. 5s. cloth. " This manual will be found to be of con- contains a good table of contents, will be siderable practical value, inasmuch as it found to possess practical merit, and seldom seems to be sufficiently exhaustive of the to necessitate a reference to the more learned branch of the maritime public, law of which authorities."— Law Magazine and Review. it treats. We think this manual, which SMITH'S BAR EDUCATION. A HISTORY of EDUCATION for the ENGLISH BAR, with SUGGESTIONS as to SUBJECTS and METHODS of STUDY. By Philip Anstie Smith, Esq., M.A., LL.B., Bar- rister at Law. 8vo., 9s. cloth. "This work is one of great interest in from the pen of a thoughtful man."— Laze the present day. It evidently emanates Magazine. DAVIS'S CRIMINAL LAW CONSOLIDATION ACTS. THE CRIMINAL LAW CONSOLIDATION ACTS, 1861 ; with an Introduction and practical Notes, illustrated by a copious reference to Cases decided by the Court of Criminal Appeal. Together with alphabetical Tables of Offences, as well those punish- able upon Summary Conviction as upon Indictment, and including the Offences under the New Bankruptcy Act, so arranged as to present at one view the particular Offence, the Old or New Statute upon which it is founded, and the Limits of Punishment; and a full Index. By James Edward Davis, Esq., Barrister-at-Law. 12mo. 10s. cloth. 28 LAW WORKS PUBLISHED BY POWELL'S LAW OF INLAND CARRIERS.-Second Edition. THE LAW OF INLAND CARRIERS, especially as regulated by the Railway and Canal Traffic Act, 1854. By Edmund Powell, Esq., of Lincoln College, Oxon, M.A., and of the Western Circuit, Barrister at Law. Author of " Principles and Practice of the Law of Evidence." Second Edition, almost re-written. 8vo. 14s. cloth. "The treatise before us states the law of riers." — Law Times. which it treats ably and clearly, and con- " The subject of this treatise is not indeed tains a good index."— Solicitors' 1 Journal. a large one, but it has been got up by Mr. " Mr. Powell's writing is singularly pre- Powell with considerable care, and contains cise and condensed, without being at all dry, ample notice of the most recent cases and as those who have read his admirable Hook authorities." — Jurist. of Evidence will attest. It will be seen, " J he two chapters on the Railway and from our outline of the contents, how ex- Canal Traffic Act, 1856, are quite new, and haustively the subject has been treated, and the recent cases under the provisions of that it is entitled to be that which it aspires that statute are analyzed in lucid lan- to become, the text book on the law of Car- guage." — Law Magazine. WOOLRYCH ON SEWERS.-Third Edition. A TREATISE on the LAW OF SEWERS, including the Drainage Acts. By Humphry W. Woolrych, Serjeant at Law. Third Edition, with considerable Additions and Alterations. Svo. 12s. clotii. " Two editions of it have been speedily been added to the literature of the profes- exhausted, and a third called for. The sion. It is a work of no slight labour to author is an accepted authority on all sub- digest and arrange this mass of legislation jects of this class."— Law 'limes. — this task, however, Mr. Serjeant Wool- " this is a third and greatly enlarged rych has undertaken, and an examination edition of a book which has already ob- of his book will, we think, convince the tained an established reputation as the most most exacting that he has fully succt-edfd. complete discussion of the subject adapted No one should attempt to meddle with the to modern times. Since the treatise of Mr. Law of Sewers without its help."— Soli- Serjeant Callis in the early part of the 17th citors 1 Journal. century, no work filling the same place has SMITH'S PRACTICE OF CONVEYANCING. An ELEMENTARY VIEW of the PRACTICE of CON- VEYANCING in SOLICITORS' OFFICES, with an Outline of the Proceedings under the Transfer of Land and Declaration of Title Acts, 18G2,forthe use of Articled Clerks. By Edmund Smith, B.A.,lateof Pembroke Coll. Cambridge, Attorney and Solicitor. Post 8vo . 6s. cloth. " This little work will be found very sales, mortgages, leases, settlements and useful to beginners in Conveyancing. The wills, is very simple and intelligible, while writer has the moral courage to commence at the same time it is so accurate and com- at the very beginning, and to avoid a plete that even old practitioners may read parade of learning which would be entirely it with advantage. It is on the whole a useless to articled clerks in their noviciate. highly creditable performance for a country The account given by him of the proceed- solicitor." — Solicitors' Journal and Reporter. ings in solicitors' offices, in purchases, MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 29 PETERSDORFF'S ABRIDGMENT OF THE COMMON LAW. New Edition. A CONCISE PRACTICAL ABRIDGMENT of the COMMON AND STATUTE LAW, as at present administered in the Common Law, Probate, Divorce and Admiralty Courts, excluding all that is obsolete, overruled or superseded: comprising a Series of Condensed Treatises on the different Branches of the Law, with detailed Directions, Forms and Precedents; an Alphabetical Dic- tionary of Technical Law Terms and Maxims, and a Collection of Words that have received a Special Judicial Construction; the whole illustrated by References to the principal Cases in Equity, and in the Scotch, American and Irish Reports, and the most eminent text writers. By Charles Pf.tersdorff, Serjeant-at-Law, assisted by Charles W. Wood, Esq., and Walker Marshall, Esq., Barristers- at-Law. G vols. Royal Svo. 71. 7s. cloth. " Mr. Serjeant Petersdorff lias brought work at some length on the completion of to a close his labours upon this great and the first volume. Now that the sixth has useful woik. It is a complete dictionary been published, we have nothing to add of the law as it exists at the present day, except that the execution seems to be in and is also an index to every law library. the best style of this laborious jurist and We noticed the plan and object of this professional writer."— Times. SHELFORD'S SUCCESSION, PROBATE and LEGACY DUTIES.— Second Edition. THE LAW relating to the PROBATE, LEGACY and SUCCESSION DUTIES in ENGLAND, IRELAND and SCOT- LAND, including all the Statutes and the Decisions on those Sub- jects : with Forms and Official Regulations. By Leonard Shelford, Esq., of the Middle Temple, Barrister at Law. The Second Edition, with many Alterations and Additions. 12mo. 16s. cloth. " The treatise before us, one of the most been already tested by most of them."— useful and popular of his productions, Law Times. being now the text book on the subject, "Mr. .shelford s book appears to us to nothing remains but to make known its ap- be the best and most complete work on this pearance to our readers. Its merits have extremely intricate subject."— Law Maga- zine. PARKINSON'S COMMON LAV/ CHAMBER PRACTICE. A HANDY BOOK for the COMMON LAW JUDGES' CHAMBERS. By Geo. H. Parkinson, Chamber Clerk to the Hon. Mr. Justice Byles. 12mo. 7s. cloth. " ForthistaskMr.Parkiusoniseminently than Mr. Parkinson, whose great experience qualified."— Jurist. as well as intelligence have long placed " It is extremely well calculated for the him in the position of an authority on all purpose for which it is intended. So much matters appertaining to this peculiar but work is now done in Common Law Cham- very extensive branch ot Common Law bers by iunior clerks that such a little Practice."— Law limes. treatise is much wanted. Mr. Parkinson " there is much that would prove very has performed his task skilfully and with useful tothe practitioner in Mr. Parkinson s care."— Solicitors' Journal. compilation, and which, so far as we are " The practice in Chambers has become aware, is not to be found in any other book sufficiently important to call for a treatise collected with equal conciseness. —Law devoted to it. nor could a more competent Magazine and Review. man for the task have presented himself 30 LAW WORKS PUBLISHED BY POWELL ON EVIDENCE.-Third Edit, by Cutler and Griffin. THE PRINCIPLES and PRACTICE of the LAW of EVIDENCE. By Edmund Powell, M.A., Barrister-at-Law. Third Edition, by John Cutler, B.A., of Lincoln's Inn, Barrister-at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London, and Edmund Fuller Griffin, B.A., of Lincoln's Inn, Barrister-at-Law. With a Supplement including the Cases and Statutes to Michaelmas, 1869. 12mo. 16s. cloth. *** Tlie Supplement may be had separately, price Is. sewed. " This is a good edition of a very useful also to take with them into court."- work. The bonk itself we have always considered as well adapted for the student and convenient for the practitioner. It explains principles clearly and illustrates them without overloading them by the cases quoted. The work is more practical in its object than that of Mr. Best, and treats the subject in a more succinct manner than Mr. Pitt Taylor. There could be no better introduction to the study of the law of evidence than Mr. Powell's book, whilst it is perfectly suit- able for ordinary reference ; and the care that has been bestowed on it by the pre- sent editors will, we think, considerably enhance its value." — Law Magazine ami Review. " This is a new edition of a work which we fancy has scarcely been as well known as it deserves. It has not, of course, the pretensions to completeness of Mr. Pitt Taylor's book, nor, possibly, has it so much merit, as an original and scientific treatise as Mr. Best's. At the same time, it is probably more useful than either for ready reference in court on ordinary points. For this purpose Mr. Best's book is of little practical utility, while the two large volumes of Mr. Taylor's work are so cumbrous that probably few practitioners would he likely to take them out of their chambers. The pre- sent volume is of a handy size, is mode- rately cheap, and its contents are re- markably well arranged, so that any- thing it contains can very rapidly be found. The number of cases to which it refers is considerable, and the effect of the decision seems accurately and con- cisely given. We think this will be enough to make the work useful to practitioners on circuit, at quarter ses- sions, and especially in county courts, where access to a library is not usually to be had, and it is inconvenient or im- possible to take many or large books. To students and young barristers, also, the book will be uselul, not only for reading at home, as more practical than Best and less detailed than Taylor, but Solicitors' Journal. "The treatise before us has with great care and skill incorporated the principles of evidence observed in equity, and also the salient rules adopted in the Anglo- Indian courts. But while we think that the sphere of this treatise must be con- fined to the education of students, we have no hesitation in asserting that within that sphere the book is a great success, and we cordially recommend the volume to students both for the English bar and for the Indian bar. Its simplicity and perspicuity render it also a valuable aid to members of the Indian civil service." — Law Journal. " We have very great pleasure in noticing this edition of a work with which we have long been familiar. It was certainly a good idea to make the book useful to the equity practitioner. It was a still better idea to adapt the Anglo-Indian rules of evidence, which must assist materially those who are studying in England for the Indian bar, or preparing for the Indian civil service. Mr. Cutler, being Professor of Indian Jurisprudence at King's College, has executed this latter branch of the work with the ability which was to be ex- pected from him, and we can heartily recommend this excellent edition of Mr. Powell's book as likely to prove of very wide utility." — Law Times. ' We are glad to see a new edition of Mr. Powell's work on the law of evi- dence. The present edition is ably edited by Mr. Cutler and Mr. GrifBn, who have, in addition to the previous text, added the principles and practice of the law of evidence adopted by the Court of Chancery and other important matter, and brought down the law to the present time. The book will be found a most useful addition to the lawyers' library; and to those practising or about to practice in the county courts it is almost a necessity." — Law Examination Reporter. *** Although in thie work the most important decisions only are quoted, and as a rule but one authority is given for each proposition, yet there are upwards of 400 cases cited therein which do not appear in the table of cases prefixed to the latest edition of " Taylor on Evidence." MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 31 STARKIE ON SLANDER AND LIBEL.— Third Edition. STARKIE'S TREATISE on the LAW of SLANDER and LIBEL; including MALICIOUS PROSECUTIONS, CON- TEMPTS of COURT, &c. ; also the Pleading and Evidence, Civil and Criminal, with Forms and Precedents. Third Edition. By H. C. Folkard, Barrister-at-Law. One thick vol. medium 8vo., 42s. cloth. "Thirty-nine years have gone by and Mr. Folkard has brought out a third edition, and certainly the first glance of the new book gives the impression of pains unspared. In point of bulk it contains more than twice as much matter as the edition of 1830. '1'he criminal division will probably be thought the most valua- ble portion of the book. The ordinary text books of pleading and evidence go far to help the practitioner on the civil proceedings, but a treatise on criminal proceedings for libels of public mischief was really wanted, vvith the present volume before them, the law officers of the crown, ai d lawyers generally, will be saved an infinite amount of labour in search of precedents. No one can say that Mr. Folkard has failed in the full dis- charge of his onerous duty, and we are sure that he will earn, as he will obtain, the gratitude of the profession."— Law Journal. " In one respect the present edition deserves very high praise. It has been most laboriously executed, and, as far as we have been able to examine, the modern cases, down to the very latest and to the most obscure, have all been collected and h ive on the whole been accurately set out " — Solicitors' Journal. " It would be difficult to find any part of his subject which Mr. Folkard has not fully investigated, and the result is a valuable addition to the lawyer's library which for manv years has been much needed " — Justice of the Peace. " Upon reference to this edition it will be found that Mr. Folkard has performed his task carefully and well. It is well that such a treatise should have been re-edited, and it is well that it should have been edited by so careful and painstaking a man as Mr. Folkard."— Law Magazine. TUDOR'S CHARITABLE TRUSTS.— Second Edition. THE LAW of CHARITABLE TRUSTS; with the Statutes, including those of 1862, the Orders, Regulations and Instruc- tions issued pursuant thereto, and a Selection of Schemes, with Notes. By Owen Davies Tudor, Esq., of the Middle Temple, Barrister-at- Law, Author of ' Leading Cases in Equity.' Second Edition, contain- ing all the recent Statutes and Decisions. Post 8vo. 18s. cloth. " Mr. Tudor in the present edition of his work has struck out beyond his original intention, and has made it a complete com- pendium of the law of charities N o living writer is more capable than Mr. Tudor of producing such a work : his Leading Cases in Equity, aud aho on the L^w of Heal Property, have deservedly earned for him the highest reputation as a learned, careful and judicious t?xt-writer. The main feature of the work is the manner in which Mr. Tudor has dealt with all the recent statutes relating to this subject : we have only tnadd that the index is very carefully compiled." — Solicitors' Journal. " Mr. Tudor's excellent little book on Charitable Trusts. It is indeed no longer a little book but a bulky one of some 650 pages. Mr. Tudor howeveris a singularly painstaking author ; his books, as the pro- fession well knows, are models of industry and care, and hence their popularity. This second edition has collected the cases de- cided since the issue of the first, and their number is surprising — upwards of one thou- sand. Mr Tudor hns made his work com- plete by the introduction of several schemes for the settlement of charities, so that it is in all respects the text-book for the lawyer as well as a hand-book for reference by trustees and others engaged in the manage- ment of charities." — Law Times. " The account of the Law of Mortmain and the statutes respecting charitable be- uucsts in their bearing on the different religious orders is full and definite, and the duties of trustees are explained in a clear and straightforward way. Altogether this work must be exceedingly useful, not to say indisrensable, to all persons who are connected with charitable trusts, whether as founders, managers or trustees." — Eng- lish Churchman. "To this second edition lirge additions are made, and it is now a complete com- pendium of the Law of Charities. ' — Clerical Journal. 32 LAW WORKS PUBLISHED BY INGRAM'S LAW OF COMPENSATION.-Second Edition. COMPENSATION TO LAND AND HOUSE OWNERS : being a Treatise on the Law of the Compensation for In- terests ill Lands, &c. payable by Railway and other Public Companies; with an Appendix of Forms and Statutes. By Thomas Dunbar Ingram, of Lincoln's Inn, Esq., Barrister at Law, now Professor of Jurisprudence and Indian Law in the Presidency College, Calcutta. Second Edition. By J J. Elmes, of the Inner Temple, Esq., Barrister- at-Law. Post 8vo. 1 2s. cloth. " Whether for companies taking land or holding it, Mr. Ingram's volume will be a welcome guide. With this in his hand the legal adviser of a company, or of an owner and occupier who^e property is taken, and who demands compensation for it, cannot fail to perform his duty rightly."— Law Times, " This work appears to be carefully pre- pared as regards its mutter. This ediiion is a third larger than the first; it contains twice as many casts, and an enlarged index. It was much called for and doubt- less will be found very uieful by the prac- titioner." — Law Magazine. " The appearance upon the title page of the words Second Edition attests in the most conclusive manner that Mr. Ingram has rightly measured the requirements of the profession when he designed the monograph before us. The appendix contains no less than sixty forms required in the practice of this branch of the law and the statutes and parts of statutes in which itisembodied The index is very ample. Thus it will be seeu to be a book very valuable to all solicitors who may be concerned for railways or for the i ersons whose properties are aflected by them." — Law 'Times, second notice. " His explanations are clear and accurate, and he constantly endeavours not only to state the effect of the law whicli he is enunciating, but also to show the principle upon which it rests."— Athenaum. SCRIVEN ON COPYHOLDS.— Fifth Edition by Stalman. A TREATISE ON COPYHOLD, CUSTOMARY FREEHOLD, and ANCIENT DEMESNE TENURE, with the Jurisdiction of Courts Baron and Courts Leet. By John Scriven, Serjeant at Law. The Fifth Edition, containing references to Cases and Acts of Parliament to the present time. By Henry Stalman, Esq., of the Inner Temple, Barrister-at-Law. Abridged in 1 vol. roval 8vo. 30,s. cloth. " No lawyer can see or hear the word ' copyhold' without associating with it the name of Scriven, whose book has been always esteemed not merely the best but the only one of any worth. Uc.til a com- mutation of the tenure for a fixed rent- charge, after the manner of a tithe com- mutation, is compelled by the legislature, this treatise will lose none of its usefulness to the solicitors in the country."— -Law Times. " It would be wholly superfluous to offer one word of comment on the general body of the work. Scriven on Copyholds has for exactly half a century been not only a standard work but one of unimpeachable authoiity, and in its pag. s the present generation has learned all that is known of copyhold and customary tenures. All that is necessary to say is, that in the pre- sent edition of Scriven on Copyholds Mr. Stalman has omitted what was use- less to retiin, and inserted what it was necessary to add. I ntil copvholds have disappeared utterly, it is at least certain that Scriven on Copyholds by Stalman will hold undisputed sway in the profes- sion." — Law Journal. LUSHINGTON'S NAVAL PRIZE LAW. A MANUAL of NAVAL PRIZE LAW. By Godfrey Lushington, of the Inner Temple, Esq., Barrister at Law. Royal 8vo. 10s. (id. cloth. OKE S MAGISTERIAL SYNOPSIS.— lOth Edition. (Dedicated, by permission, to The Right Hon. Lord Cairns.) The MAGISTERIAL SYNOPSIS: a Practical Guide for Magistrates, their Clerks, Attornies, and Constables ; Summary Convictions and Indictable Offences, with their Penalties, Punish- ments, Procedure, &c. ; being Alphabetically and Tabularly arranged. By George C. Oke, Chief Clerk to the Lord Mayor of London. Tenth Edition. 2 vols. 8vo. 58s. cloth. "The tenth edition of this valuable compendium of magisterial law makes its appearance in two volumes, a great improvement for convenience of re- ference upon the single bulky volume of the former editions. The position which the work has gained and the growing demand for it are shown by the fact that a ninth edition was published so lately as 1S66'. In accordance with the suggestion made to Mr. Oke, the present edition has been prepared and issued immediately after the fourth edition of its equally useful companion the Magisterial Formulist. The careful and conscientious treatment which Mr. Oke always bestows upon whatever he takes in hand, entitles him to full credit when he says that 'many titles have been enlarged, much new matter in- serted, and a variety of minute improve- ments made in the references, upon all of which I have bestowed my personal attention and utmost care.' ' — Law Magazine. " We are really at a loss to discover any criticism which can fairly be offered on this remarkable work. A new edition every two years is a success sueh as rarely falls to the lot of the greatest of legal authors, and no one pretends to deny that Mr. Oke has lairly earned his good fortune. The first edition started with 410 pages of matter. Legislation, judicial decisions, and the unwearied research, care and skill of the author, have swelled 410 into 1402 pages, so that he is driven to offer an apology for the bulk of the book and for its com- pulsory division into two handsome volumes. It would be idle in us to take a survey of the general contents of a work which is familiar to all persons who are concerned in the administration of justice in petty sessions. It is enough to say that Mr. Oke's Synopsis is not only the standard guide to the magis- terial bench, but that it is regarded throughout England as 'he indispen- sable companion of every justice of the peace." — Law Journal. " Mr. Oke's Synopsis has been for so many years before the public, and its reputation is so fully established, that any elaborate criticism upon the work as a whole would be out of place on the occasion of the publication of a new edition. The functions of magistrates out of quarter sessions and of their clerks and officers are so many and of so very miscellaneous a character that there is perhaps no part of our judicial system in which the services of a re- liable and easily accessible guide is so absolutely necessary to all those who have to take any part in the working of the system. To meet this need there are lew men who have better reason to know exactly what is necessary than Mr. Oke, and few men better able to supply it ; and the success with which he has laboured to this end has been amply attested by the reception which the various editions of his work have met with. But the very nature of the subject with which this woik deals renders frequent new editions most im- portant. Not a session passes in which a multitude of new functions are not given to justices, new offences brought within their cognisance, new modes of dealing with old offences prescribed, and these provisions are not to be found in one act where any magistrate might easily find them and master them. They are contained in isolated sections scattered among a multitude of acts on all sorts of subjects, buried often in the most unlikely corner of the statute book, and the statutes of a single session fill more than a thousand goodly octavo pages. These remarks will be appre- ciated by any one who looks at the addenda of offences made the subject of summary convictions by various acts of the late session ot parliament at the end of Mr. Oke's first volume, or at the corresponding addenda to the second volume. This edition incorporates the statute law affecting magistrates since the date of the last edition as well as the decisions of the courts; and whether by good luck or good guidance the publi- cation has been so timed as to enable the author to bring the statute law down to the actual date of issue. The work in its present form is considerably in- creased in bulk, but it retains its two great merits — completeness and con- ciseness." — Solicitors' Journal. 34 LAW WORKS PUBLISHED BY ORE'S MAGISTERIAL FORMULIST.— Fourth Edition. The MAGISTERIAL FORMULIST: being a complete collection of Forms and Precedents for practical use in all Cases out of Quarter Sessions, and in Parochial Matters, by Magistrates, their Clerks, Attornies and Constables. By George C. Oke, Chief Clerk to the Lord Mayor of London, Author of "The Magisterial Synopsis." Fourth Edition. 8vo. 88s. cloth. "What. Chitty's ' Archbold' is to the common law practitioner, what Daniell's 'Practice' teas to Chancery men, what Davidson's ' Precedents ' are to convey- ancers, such are Mr. Oke's works to those engaged in magisterial duties. Can we use higher praise? If we could we would, because a really genuine book of practice is beyond all price. * * * This, the third edition, is destined, we doubt not, to be swallowed up with the same avidity as is usual with this author's publications." — Law Magazine. " The publication of a new edition of this most useful collection of forms has been urgently called for. Mr. Oke's works are so well known to all who are concerned in the administration of ma- gisterial law, that we need say no more than that the present edition seems to have been prepared with his usual care. On a reference to a very full index at the end of the book, we have been unable to detect the omission of any subject in the place where it might be expected to be found, and such forms as the author has had to draw, and not merely to tran- scribe, appear well executed." — Solicitors' Journal. " Mr. Oke has had many predecessors in his office of Chief Clerk to the Lord Mayor of London of skill, learning and reputation, but it would be impossible to name any one of such officers who has rendered such signal services to the administration of the law by the justices as the author of the book before us. It is indeed difficult to offer any remarks of moment upon a work which has gone through three editions, and has been acknowledged as complete by all who has had occasion to use it. But time alone, and the mass of new legislation which it has brought with it, have made the revision of the book necessary. The important changes and extensions of the law administered by the magistrates since the session of 1861 have justified and demanded a new edition, and in that new edition we believe will be found the same qualities of accuracy and completeness which distinguished its three prede- cessors. No clerk to justices, and no justice who is anxious to dischargj his onerous functions successfully, should be without the 'Magisterial Formulist' and the 'Magisterial Synopsis;' and it need scarcely be added that those mem- bers of the profession who are brought in contact with business in petty sessions will derive great assistance from them." — Law Jourinil. " This work is too well known to need eulogy; it is in universal use in magis- trates' courts. It has been out of print for some time, and a new edition was urgently required. We believe that Mr. Oke purposely delayed it that it might be made contemporaneous, or nearly so, with the 'Synopsis.' The contents are brought down to the end of last year, and consequently it includes all the forms required by the new sta- tutes and decisions of the six years that have elapsed since the publication of the third edition. They have been ar- ranged under divers new titles, and espe- cially the modes of describing indictable offences have been much enlarged. It is a book that has been known so long and so extensively, that no further description of it is needed now." — Law Times. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 35 OKE'S TURNPIKE LAWS.— Second Edition. The LAWS of TURNPIKE ROADS: comprising the whole of the General Acts ; the Acts as to the Union of Trusts, for facilitating Arrangements with their Creditors ; the interference of Railways and other Public Works with Roads; their Non-repair, and enforcing Contributions from Parishes, (including also the Acts as to South Wales Turnpike Roads,) &c. &c. ; practically arranged, with Cases, Notes, Forms, &c. &c. By George C. Oke, Author of "The Magisterial Synopsis" and "The Magisterial Formulist," &c. Second Edition. 12mo., ISs. cloth. " In the 'Synopsis' Mr. Oke is unique ; the plan was perfectly original, and he has no competitor. In the Turnpike Law he is himself a competitor with otners, who had previously possession of the field. Nevertheless, so well has he executed his design that his volume has fairly taken precedence in the esteem of the profession, because he has written it with the same industrious research and painstaking cor- rection which distinguished the ' ayuop- sis."' — Law Times. " All Air. Oke's works are well done, and his ' Turnpike Laws ' is an admirable speci- men of the class of books required for the guidance of magistrates and legal practi- tioners in country districts." — Solicitors' Journal. OKE'S GAME AND FISHERY LAWS.-Second Edition. A HANDY BOOK of the GAME and FISHERY LAWS ; containing the whole Law as to Game, Licences and Certi- ficates, Poaching Prevention, Trespass, Rabbits, Deer, Dogs, Birds and Poisoned Grain throughout the United Kingdom, and Private and Salmon Fisheries in England. Systematically arranged, with the Acts, Decisions, Notes, Forms, Suggestions, &c. &c. By George C. Oke, Author of " The. Magisterial Synopsis," &c. &c. Second Edition. 12mo. 10s. 6d. cloth. "The work is carefully composed, and contains a full index." — Solicitors' Journal. " Care and industry are all that can he shown in such productions, and these qua- lities are generally shown in the present works. Mr. Oke's book takes a somewhat larger range than Mr. Haterson's, as it em- braces the late statute relating to the Sal- mon Fisheries."— Atheneum. " The plan of Mr. Oke's Handy Book is a very plain and useful one. * • It will be a most acceptable addition to the coun- try gentle man's library, and presents a most intelligible guide to the existing English laws on game and fish, brought down to the present time."— The Tield. " Tosportsmen, as well as to those magis- trates and professional gentlemen who are concerned ia the administration of the Game Laws, Mr. Oke's digest and inter- pretation of the various statutes will prove of great assistance." — Stamford Mercury. "Mr. Oke makes the laws easily com- prehended in all their bearings, so that the person requiring information will find it at once, and that in a condensed form. * * It ii a work that every sportsman would find useful, now that the season is before him and he is anxious to know how the law stands under the recent acts of parlia- ment." — Bell's Nea Messenger. "We recommend justices, landlords, and others whom it behoves to be well ac- quainted with the dame Laws, to supply themseh es with a copy of this work ; they will find every requisite information in a small space and in an intelligible form."— Cambridge Chronicle. 36 LAW WORKS PUBLISHED BY TOMKINS' INSTITUTES OF ROMAN LAW. THE INSTITUTES of ROMAN LAW. Part I., con- taining the Sources of the Roman Law and its External History till the Decline of the Eastern and Western Empires. By Frederick. Tomkins, M.A., D.C.L., Barrister at Law, of Lincoln's Inn. Part I., royal 8vo. 12s. cloth. (To be completed in Three Parts.) " This work promises to be an important good promise for the future. We know of and valuable contribution to the Study of no other book in which anything like the the Roman Law.''— Law Magazine. same amount of information can be ac- " This work is pronounced by its author quired with the same ease. We shall look to be strictly elementary. But in regard with great interest for the publication of to the labour bestowed, the research exer- the remainder of this treatise. If the eised, and the materials brought together, second part is as well executed as the first, it seems to deserve a more ambitious title and bears a due proportion to it, we think than that of an elementary treatise, the the work bids fair to become the standard chapter on Legal Instruction, detailing the text-book for English students." — Solici- systems of legal education pursued in the tors' 1 Journal. various epochs of Rome, reflects great " Of all the works on the Roman Law credit on the author, and, so far as we we believe this will be the best suited to know, is purely original, in the sense that law students. Mr. Tomkins gives us a no preceding English writer has collated simple English history of Roman Law, the matter therein contained."— Law arranged most lucidly with marginal notes Journal. and printed in a form calculated for easy " Dr. Tomkins has chosen his subject reading and retention in the memory. We wisely in at least one respect, there can be welcome the book ot Mr. Tomkins. It is no doubt that a good introductory treatise calculated to promote the study of Roman on the Roman Law is sorely needed at Law, and both at the universities and in present. The present part is only an in- the Inns of Court it is a work which may stalment. But the present part is ungues- safely and beneficially be employed as a tionably both valuable in itself and of text-book."— Law Times. DREWRY'S EQUITY PLEADER. A CONCISE TREATISE on the Principles of EQUITY PLEADING, with Precedents. By C. Stewart Drewry, Esq., of the Inner Temple, Barrister at Law. 12mo., 6s. boards. Contents :— What Persons are entitled to sue in Equity, and in what manner to sue. —Of the Modes of instituting a Suit in Fquity.— Of the Defence of Suits.— Of Pleas. —Of Answers.— Of Amended Bills.— Of Revivor and Supplemental Bills.— Of Inter- locutory Applications —Of the Proceedings on going into Evidence.— Of Appeals. — Conclusion. — Appendix of Precedents. '' Mr. Drewry will be remembered by he describes the principles and general many as the author of the very popular rules of Equity Pleading. It will be found and excellent treatise on the Practice in of great utility, as introductory to the more Equity. He has now contributed to the elaborate treatises, ortorefreshthe memory library of the lawyer another work of after the study of the larger books."— Law equal value, written for younger members Times. of the profession and for students, in which — 4 WILLIAMS ON PLEADING AND PRACTICE. An INTRODUCTION to the PRINCIPLES and PRACTICE of PLEADING in the SUPERIOR COURTS of LAW, embracing an outline of the whole Proceedings in an Action at Law, on Motion, and at Judges' Chambers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By Watkin Williams, M.P., of the Inner Temple, Esq., Barrister at Law. 8vo. 12s. cloth. Mr. Williams has undertaken a work re- the book has features of peculiar value, quiring great care in its treatment ; but we it is at the same time scientific and prac- have no hesitation in saying that he has tical, and throughout the work there is a brought to bear on his task powers of ar- judicious union of general principles with raugement and clearness of expression of a practical treatment of the subject, illus- no ordinary character, and has produced trated by forms and examples of the main a work creditable to himself and useful to proceedings."— Jurist. the Profession. For the Student especially MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 37 GLEN'S LAW OF HIGHWAYS.— Second Edition. THE LAW of HIGHWAYS: comprising the Highway Acts 1835, 1862 and 1864: the South Wales Highway Act: the Statutes and Decisions of the Courts on the subject of Highways, Bridges, Ferries, &c, including the Duties of Highway Boards, Sur- veyors of Highways, the Law of Highways in Local Board of Health Districts; Highways affected by Railways, and Locomotives on High- ways. With an Appendix of Statutes in force relating to Highways. By W. Cunningham Glen, Esq., Barrister-at-Law. Second Edition. Post 8vo. 20s. cloth. "Those who have need of information on the Law as it is, could not resort to a more trustworthy adviser than this Work of Mr. Glen. It is conveniently arranged and capitally, because copiously, indexed." ■ — Law Times, " Mr. (ilen undertook a Work that was really required not only by the profession but by a large class of pcsons interested in the Law of Highways, and Mr. Glen's official position has no doubt qualified him peculiarly to discharge such a task with efficiency. Mr. Glen has succeeded in what he here proposes, and his Treatise will be indispensable to all practitioners interested in the Law of Highways "—So- licitors' Journal. " Altogether we may confidently venture to confirm the statement in the preface, that it may now fairly claim to be recognized as a standard authority on the law of high- ways by those who are engaged officially or otherwise in the administration of that branch of the law. It is so, as we from per- sonal knowledge can affirm, and, we may add, that if is received by them as a trust- worthy guide in the discharge of their onerous duties." — Law Times (on 2nd Edit.) " I he present edition of Mr. Glen's work contains a great deal of valuable matter which is entirely new. To those interested in the law of highways this manual as it now appears will be found a safe and efficient guide." — Law Magazine (on 2nd Edition). "Mr Glen has an established reputation in the legal profession as a careful and labo- rious writer, and this new edition of his new work on highway law will convince those who refer to it that he has neglected no topic likely to be useful to those whose duties require them to have a knowledge of this particular branch of the law. This work aspires abovt- others which profess merely to be annotated reprints of acts of parliament. It will be found to contain much information which might be looked for eUewhere in vain. The general law upon the subject is set forth with a care and lucidity deserving of gre3t praise, and a good index facilitates reference, and ren- ders this work the most complete oo this important subject which has yet been pub- lished."— Justice oj the Peace. "Mr. Glen may well say that an entire revision of the first edition was necessitated by the recent statutes, and his second edi- tion is a bulky volume of 800 pages. His work may be read with satisfaction by the general student as well as referred to with confidence by the practitioner. We need say nothing further of this second edition than that we think it likely to maintain fully the reputation obtained by its pre- decessor. It has the advantages, by no means unworthy of consideration, of being well printed and well indexed, as well as well arranged, and a copious index of sta- tutes renders it a perfect compendium of the authorities bearing in any way on the law of highways." — Solicitors' Journal on the Second Edition. GLEN'S POOR LAW BOARD ORDERS.-Sixth Edition. The General CONSOLIDATED and other ORDERS of the POOR LAW COMMISSIONERS and of the POOR LAW BOARD, together with the General Orders relating to Poor Law of Accounts, the Statutes relating to the Audit of Accounts, Appeals and the Payment of Debts, with Explanatory Notes elucidating the Orders, Tables of Statutes, Cases and Index. By W. Cunningham Glen, Esq., of the Middle Temple, Barrister at Law, and of the Poor Law Board. Sixth Edition. 12mo. 18s. cloth. 38 LAW WORKS PUBLISHED BY WIGRAM ON WILLS.— Fourth Edition. An EXAMINATION of the RULES of LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTER- PRETATION of WILLS. By the Right Hon. Sir James Wigram, Knt. The Fourth Edition prepared for the press, with the sanction of the learned Author, by W. Knox Wigram, M.A., of Lincoln's Inn, Esq , Barrister at Law. 8vo. lis. cloth. " In the celebrated treatise of Sir James Wigram, the rules of law are stated, dis- cussed and explained in a manner which has excited the admiration of every judge who has had to consult it.''— Lord hiiigs- dovm, in a Privy Council Judgment, July 8/A, 1858. " There can be no doubt that the notes of Mr. Knox Wigram have enhanced the value of the work, as affording a ready reference to recent cases on the subjects embraced 01 arising out of Sir James \V igrani's propositions, and which fre- quently give additional support, and in some instances an extension to the original text."' — Laze Chronicle. " Understood as general guides, the propositions established by Sir James N\ igram's look are of the highest value. But whatever view may be entertained, the book is one which will always be highly prized, and is now presented in a very satisfactory shape, thanks to the industry and intelligence displayed in the notes by the present editor."— Solicitors' Journal and Reporter. FRY'S SPECIFIC PERFORMANCE OF CONTRACTS. A TREATISE on the SPECIFIC PERFORMANCE of CONTRACTS, including those of Public Companies. By Edward Fry, B.A., of Lincoln's Inn, Esq , Barrister at Law. 8vo. 16s. cloth. " Mr. Fry's work presents in a reason- able compass a large quantity of modern learning on the subject of contracts, with reference to the common remedy by specific performance, and will thus be acceptable to the profession generally."— Law Chronicle, " There is a closeness and clearness in its style, and a latent fulness in the expo- sition, which not only argue a knowledge of the law, but of those varying circum- stances in human society to which the law has to be applied." — Spectator. " Mr. Fry's elaborate essay appears to exhaust the subject, on which he has cited and brought to bear, with great diligence, some 1,500 cases, which include those of the latest reports." — Law Magazine and Review. PHILLIPS'S LAW OF LUNACY. THE LAW CONCERNING LUNATICS, IDIOTS, and PERSONS of UNSOUND MIND. By Charles P. Phillips, M.A., of Lincoln's Inn, Esq., Barrister at Law, and Secretary to the Commissioners of Lunacy. Post 8vo., ISs. cloth. " Mr. Phillips has, in his very com- present law, as well as the practice, plele, elaborate and useful volume, pre- relating to lunacy."— Lata Magazine and sentcd us with an excellent view of the Review. MESSRS. BUTTER WORTH, 7, FLEET STREET, E.C. 39 TROWER'S CHURCH BUILDING LAWS. THE LAW of the BUILDING of CHURCHES, PARSONAGES, and SCHOOLS, and of the Division of Parishes and Places. By Charles Francis Trower, M.A.. of the Inner Temple, Esq., Barrister at Law, late Fellow of Exeter College, Oxford, and late Secretary of Presentations to Lord Chancellor Westbury, Post 8vo. 8s. cloth. " A good book on this subject is calcu- men are concerned with glebes, endow- lated to be of considerable service both to meats, district chapelries, parishes, eccle- lawyers, clerics and lavmen ; and on the siastical commissions and such like matters, ■whole, after taking a survey of the work about which the public and notably the before us. we may pronounce it a useful clerical public seem to know but little, but work. Ic contains a great mass of infor- which it is needless to say are matters of niati'in of essential import to those who much importance."— Solicitors' Journal. as parishioners, legal advisers or clergy- FIELD'S LAW RELATING TO CURATES. The LAW RELATING to PROTESTANT CURATES and the RESIDENCE of INCUMBENTS or their BENEFICES in ENGLAND and IRELAND. By C. D. Field, M.A , LL.D., late Scholar of Trin. Coll. Dublin, and now of Her Majesty's Bengal Civil Service; recently Judge of the Principal Court of Small Causes at Kishnaghur; and Registrar of Her Majesty's High Court of Judi- cature at Fort William in Bengal ; Author of the Law of Evidence in India, &c. Post 8vo. 6s. cloth. GRANT'S LAW OP CORPORATIONS IN GENERAL. A PRACTICAL TREATISE on the LAW of COR- PORATIONS in GENERAL, as well Aggregate as Sole; including Municipal Corporations, Railway, Banking, Canal and other Joint- Stock and Trading Bodies, Dean and Chapters, Universities, Colleges, Schools, Hospitals, with quasi Corporations aggregate, as Guardians of the Poor, Churchwardens, Churchwardens and Overseers, &c, and also Corporations sole, as Bishops, Deans, Canons, Archdeacons, Parsons, &c. By James Grant, Esq., of the Middle Temple, Bar- rister at Law. Royal Svo. 26s. boards. WILLS ON EVIDENCE.— Fourth Edition. AN ESSAY on the PRINCIPLES of CIRCUMSTAN- TIAL EVIDENCE. Illustrated by numerous Cases. By the late William Wills, Esq. Fourth Edition. Edited by his Son, Alfred Wills, Esq., Barrister at Law. Svo. 10s. cloth. GLEN'S LAW OF PUBLIC HEALTH.— Fifth Edition. THE LAW RELATING TO PUBLIC HEALTH AND LOCAL GOVERNMENT, including the Law relating to the Removal of Nuisances, Injuries to Health, the Prevention of Diseases, and Sewer Authorities, with the Statutes and Cases. By W. Cunningham Glen, of the Middle Temple, Esq., Barrister at Law. 8vo. 30s. cloth. 40 LAW WORKS PUBLISHED BY Gray's Treatise on the Law of Costs in Actions and other PROCEEDINGS in the Courts of Common Law at West- minster. By John Gray, Esq., of the Middle Temple, Barrister at Law. 8vo. 21s. cloth. •«* This Work embraces the whole modern T.aw and Practice of. Costs, including the » important provisions of the Common Law Procedure Act and Rules, 1802, and the recent Statutes affecting the Jurisdiction of the County Courts. The South Australian System of Conveyancing by Regis- tration of TITLE ; with Instructions for the Guidance of Parties Dealing, illustrated by Copies of the Books and Forms in use in the Land Titles Office. By Robert R. Torrens. To which is added the South Australian Real Property Act, as Amended in the Sessions of 1858. With a copious Index. By Henry Gawler, Esq, Bar- rister, Solicitor to the Land Titles Commissioners. Svo. 4s. half cloth. Pulling' s Practical Compendium of the Law and Usage of MERCANTILE ACCOUNTS; describing the various Rules of Law affecting them, the ordinary Mode in which they are entered in Account Books, and the various Forms of Proceeding, and Rules of Pleading, and Evidence for their Investigation, at Common Law, in Equity, Bankruptcy and Insolvency, or by Arbitration. With a SUPPLEMENT, containing the Law of Joint Stock Companies' Accounts, under the Winding-up Acts of 1848 and 1849. 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