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 ^* All Standard Law Works are kept in Stock, in laxo calf and other bindings.

 
 A SKETCH OF 
 
 THE CEIMIl^AL LAW. 
 
 W. SHIRLEY SHIRLEY, M.A., 
 
 BARRISTER-AT-LAW, OF THE INNER TEMPLE AND NORTH-EASTERN CIRCUIT. 
 AUTHOR OF "LEADING CASES IN THE COMMON LAW." 
 
 ASSISTED BY 
 
 C. M. ATKINSON, M.A., LL.M., 
 
 BARRISTER-AT-LAW, OF THE INNER TEMPLE AND NORTH-EASTERN CIRCUIT. 
 
 LONDON : 
 STEVENS AND SONS, 119, CHANCERY LANE, 
 
 |l'iU\) $lubli.''Jhcv5 nub *'ooh.':;cUcvs. 
 ■ 1880.
 
 T 
 
 SU Icicles
 
 PlIEFACE. 
 
 As the HiLi;li Court of Parliament does not seem particu- 
 larly likely in the immediate future to trouhle itself with 
 codifying the Criminal Law, and as text-books will not be 
 till then (even if then) rendered unnecessary, it is hoped 
 that this little work may have its usefulness and its sale. 
 I have not attempted in its pages to be exhaustive or 
 learned. My object has been simply to give the reader a 
 sketch of those elementary principles of the criminal law 
 and practice with which not only every law student, but 
 everu infelUgcnf citizev, ought to be familiarly acquainted. 
 " The learning touching these subjects," says Mr. Justice 
 Foster in the Preface to his Discourses on Croivn Law, 
 " is a matter of great and universal concernment. It 
 merits, for reasons too obvious to be enlarged on, tlie atten- 
 tion of ever]] man living." Indeed, so great and so 
 unquestioned is the importance, in the interests of the 
 community, of a knowledge of the general principles of the 
 criminal law, that it is a matter for sur2)rise and regret that 
 they should not form a regular branch of study at our 
 public schools and other educational establishments. It is 
 to be hoped, however, that some of those excellent middle- 
 class colleges mid gnimmar schools whirli, moving with the 
 times, have already done so muclj service by diverting 
 
 ii -1 

 
 iv PREFACE. 
 
 attention from dead languages, decayed pliilosophies, and 
 other brandies of useless learning, may take the matter 
 lip, and introduce the Criminal Law into their curriculum. 
 
 I have referred as frequently as possible, throughout the 
 Avork, to the cases reported in the two volumes of Crown 
 Cases Reserved, since those decisions may well be con- 
 sidered the leading cases in Criminal Law, and should be 
 at the fingers' ends of criminal practitioners. 
 
 My best thanks are due to my friends Mr. C. M. Atkin- 
 son, of the Inner Temple and North Eastern Circuit, and 
 Mr. J. G. Shipman, of the Inner Temple (particularly the 
 former, whose name appears on the title page), for the effec- 
 tive assistance they have rendered me in the preparation 
 of this work for the press. 
 
 W. S. S. 
 
 2, Dk. Johnson's Buildings, Temple, 
 Seftemher, 18S0.
 
 CONTENTS. 
 
 INTRODUCTORY REMARKS. page 
 
 Meaning of word " crime "........ 1 
 
 Treasons, felonies, and misdemeanours ..... 1 
 
 Princij^als and accessories 2 
 
 Attempts ........... 3 
 
 Incitements ........... 3 
 
 Intention ........... 3 
 
 Divisions of treatise . ........ 4 
 
 OFFENCES MORE PARTICULARLY AGAINST THE STATE. 
 
 Tbeason. 
 
 Treason generally 7 
 
 Misprision of treason ......... 7 
 
 Treason felony .......... 8 
 
 Sedition ............ 8 
 
 Crimes akin to treason ........ 8 
 
 Breaches of Peace. 
 
 Unlawful assemblies ......... 9 
 
 Routs 
 
 Riots ............ 9 
 
 Remaining together one hour after proclamation ... 9 
 
 Opposing making of proclamation 10 
 
 Affray 10 
 
 Forcible entry .......... 10 
 
 Challenge to fight 10 
 
 Refusal to aid constable . . . . . . , . .10 
 
 Sending threatening letters ........ ] l 
 
 Sureties of the peace . , . . . . . .11
 
 vi CONTENTS. 
 
 OFFENCES AGAINST THE iiTAJi'Y.— continued. 
 
 Breaches or VTi.\CE— continued. pace 
 
 Three persons armed in pursuit of game by uiylit . . . 11 
 Puliticiil meeting's in Westminster . , . . . . .11 
 
 Perjury. 
 
 Perjury generally ......... 12 
 
 Materiality . . ......... 13 
 
 False swearing not amounting to perjury . . . . . 11 
 
 Subornation of perjury ......... 15 
 
 Compromising Crime.s, &c. 
 
 Compounding felonies . . . . . . . . . I.'j 
 
 Taking reward for helping a man to hs good-s . . . . 1<J 
 
 Compounding misdemeanours ....... 1 G 
 
 Compounding inforuiations on peual statutes . . . . .16 
 
 Misprision of felony ......... It) 
 
 Escape and rescue .......... 17 
 
 Buggery . 17 
 
 Concealment of Birth 18 
 
 Abduction or Unmarried Girls under Sixteen .... 19 
 
 Bigamy 20 
 
 Coinage Crimes. 
 
 Counterfeiting the gold or silver coin of the realm . . 21 
 
 Uttering counterfeit gold or silver coin ...... 21 
 
 Being in possession of three bad coins . . . • . 23 
 Being in possession of coining tools without c.xcuse . . .2-3 
 
 Libel. 
 
 Publication • 24 
 
 Truth as a defence 24 
 
 Privileged communications ....-••• 24 
 
 Newspapers 24 
 
 Fox's Act 2d 
 
 Slander 2(5 
 
 Blasphemous and indecent libels . . ■ • • • -^
 
 CONTENTS. vii 
 
 OFFENCES AGAINST THE STATE— fo/(<m(/«i. 
 
 Conspiracy. pace 
 
 Conspiracy generally ......... 27 
 
 Conspiracy to murder ......... 27 
 
 Combinations in restraint of trade ....... 27 
 
 Merger of conspiracy in felony ....... 28 
 
 Common Nuisaxce. 
 
 Nnisances generally . . . . . . , . .28 
 
 Indecent exposure ......... '»!!,' 
 
 Piracy. 
 
 Piracy generally .......... 29 
 
 Slave-dealing .......... 30 
 
 Cheatinu 30 
 
 OFFENCES AGAINST THE PERSON. 
 Homicide. 
 
 Homicide generally ......... 33 
 
 Homicide not amounting to felony ...... 33 
 
 Murder 34 
 
 Attempt to marder ......... 35 
 
 Manslaughter. ........ . . 35 
 
 Attempt to commit suicide ........ 37 
 
 Common Assault. 
 
 , Assault and battery 37 
 
 Defences ........... 38 
 
 False imprisonment . . . . . . . . .39 
 
 Choice of remedies for assault ....... 3U 
 
 Aggravated Assault. 
 
 Wounding w'oh intent ......... 40 
 
 Meaning of words "maim," &c. ....... 40 
 
 Administe) ing poisons, &c. ........ 41 
 
 Unlawful wounding, &c. ........ 41 
 
 Setting spring-guns, &c 42 
 
 Endangering safety of railway passengers 42 
 
 Negligent driving .......... 43
 
 viii CONTENTS. 
 
 OFFENCES AGAINST THE PERSON— co»?</jn/c(?. 
 
 Ill-theatjient of Persons in Defenceless Positions. page 
 
 Apprentices . . . . . . . . . • 43 
 
 Children under two years of age ....... 43 
 
 Children under fourteen 44 
 
 Rape. 
 
 Rape generally .......... 44 
 
 Penetration .......... 45. 
 
 Credibility of prosecutrix . . . . . . . .45 
 
 Carnal Knowledge of Young Girls. 
 
 Girls under twelve ......... 47 
 
 Girls between twelve and thirteen 47 
 
 Indecent Assault. 
 
 Indecent assault on female ........ 48 
 
 Consent and submission 48 
 
 Indecent assault on male ........ 48 
 
 OFFENCES AGAINST PROPERTY. 
 
 Laeceny. 
 
 Animus furandi .......... 52 
 
 Asportavit ........... 53 
 
 Invito domino ........... 53 
 
 Receiving. 
 
 Goods obtained by felony 56 
 
 Proofs of giiilty knowledge 57 
 
 Goods obtained by misdemeanour 58 
 
 Embezzlement. 
 
 By clerk or servant 58 
 
 Other kinds 60 
 
 False Pretences. 
 
 Nature of the pretence 61 
 
 Essentials of the crime 62
 
 CONTENTS. ix 
 OFFENCES AGAINST VHOVYAITY —continued. 
 
 KOBBERY. 1'A(;E 
 
 Possession of the robber ......... 63 
 
 What amounts to violence and threats . . . . ' . Gl 
 
 Assault with intent to rob ........ 65 
 
 Extortion by threats ......... 65 
 
 Burglary. 
 
 What is a breaking 66 
 
 What is an entry ......... 67 
 
 What is a dwelling-house . . . . . . . .67 
 
 Housebreaking .......... 67 
 
 Sacrilege ........... 67 
 
 Forgery. 
 
 Statutable forgery , . . • . . . . . . 68 
 
 Common law forgery . . . . . . . . .68 
 
 Uttering 69 
 
 Malicious Mischief. 
 
 Arson 70 
 
 Other kinds of malicious mischief ...... 71 
 
 Bankruptcy Offences 72 
 
 PRACTICE. 
 
 Grounds of Non-liability. ' 
 
 Infancy 77 
 
 Married women . . . . . . . . . 78 
 
 Ignorance ........... 78 
 
 Insanity ........... 79 
 
 Drunkenness ........... 80 
 
 Duress ........... 80 
 
 Necessity . . . . • SO 
 
 Courts Trying Indictable Offences. 
 
 Peers . . . 81 
 
 Queen's Bench Division ......... 81 
 
 Central Criminal Court ........ 82 
 
 Assizes ............ 82 
 
 Quarter Sessions 83 
 
 University Courts .......... 84
 
 X CONTENTS. 
 
 VUKCIIG^— continued. 
 
 Preliminaries to Trial. page 
 
 Examination before magistrates ....... 84 
 
 Bail 85 
 
 Vexatious Indictments Act ....... 85 
 
 Court of the coroner ......... 86 
 
 Information .......... 87 
 
 The Indictment. 
 
 The Grand Jury 87 
 
 Contents of indictment ........ 88 
 
 Joinder of defendants ......... 90 
 
 Quashing indictment ......... 90 
 
 Amendment of indictment . . . . . . . .91 
 
 Conviction for crime not specified in indictment .... 91 
 
 Specimen of an indictment 92 
 
 The Trial. 
 
 Pleas 91 
 
 Challenges 97 
 
 The jury 98 
 
 Proceedings at a trial . . . . . . . . .99 
 
 Statement by prisoner defended ....... 100 
 
 Replies 102 
 
 Evidence in reply ......... 102 
 
 Verdict and sentence . . . . . . . . .103 
 
 Arrest of judgment . . . . . . . . . 104 
 
 Points reserved . . . . . . . . . .104 
 
 Writ of error .......... 105 
 
 New trials 105 
 
 The Witnesses. 
 
 Husband and wife ......... 106 
 
 Children 107 
 
 Lunatics ........... 107 
 
 Atheists 107 
 
 Witnesses in custody ......... 108 
 
 Accomplices ........... 1C8 
 
 Privilege ........... 108 
 
 Attendance of witnesses . . . . . . . .109 
 
 Evidence. 
 
 Leading questions ........ 110 
 
 Refreshing memory . . . . . . . . .111
 
 CONTENTS. xi 
 
 Pll ACTTCE -co»<nu/C'/. 
 
 E VI I )KNCE —ContillUcd. I.,\, ; j.; 
 
 Hearsay HI 
 
 Dyiriij declarations . . . . . . . . . .112 
 
 Character , . . . . . . . . 113 
 
 Confessions . . . . . . . . . . .111 
 
 Deposition-*. . . . . . . . . . . 117 
 
 Presuuiptions . . . . . . . . . .118 
 
 rUNI8IIMENT.S. 
 
 Death . . . . . . . . . . . . hj) 
 
 Pen al servitude . . . . . . . . . lllj 
 
 Imprisonment . . . . . . . . . 1 1 ;) 
 
 Wljipping 1^0 
 
 Refoimatories . . , . . . . . 121 
 
 Fines . . . . . . . . . . .121 
 
 Costs 1-21 
 
 Punishments aftur previous convictions ...... 121
 
 LIST OF CASES REFERRED TO. 
 
 A. PAGE 
 
 Acton, E.. r. (forgery) ... .. 69 
 
 Agnew t!. Job^oll (assault) ... 38 
 
 Allen, R. r. (l>ig.imy) 20 
 
 Ardley, li. r. (false pretences) ... 61 
 
 B. 
 
 Baldry, R. v. (confessions) ... 115 
 
 Balls, R. V. (embezzlement) ... 60 
 
 Barratt, R. v. (rape) ... ... 45 
 
 Beflingfield, R. v. (dying declara- 
 tions) 112 
 
 Bennett, R. v. (bigamy) .. ... 21 
 
 Bessela V. Stern (confessions) ... 117 
 
 Bradshaw, R. v. (homicide) ... 34 
 
 Brown, R. v. (concealment) ... 18 
 
 - — — (witness) ... ... 114 
 
 Bryan, R. v. (false pretences) ... 61 
 
 C. 
 
 Garden, R. v. (magistrates) ... 84 
 Catlierall, R. v. (carnal know- 
 
 led2:e) ... ... ... ... 47 
 
 ChikC R. V. (riot) 10 
 
 (arson) ... ... 70 
 
 Cliinn V. Morris (false imjjrisou- 
 
 mcnt) 39 
 
 Clark, R. r. (jurisdiction) ... 105 
 
 Cliflor'l ?•. Brandon (conspiracy) 27 
 
 Closs, R. V. (forgery^) ... ... 69 
 
 Copeland, R. v. (false pretence-) 62 
 
 Co.K, R. I', (woundinj) ... ... 40 
 
 (Ininip, R. V. (poisoning)... ... 41 
 
 Cruse, R. r. (drunkenness) ... 80 
 
 Cullum, R. r. (embezzlement) ... 59 
 
 D. 
 
 Day, R. r. (indecent assault) ... 48 
 
 Dir-ken, R. )■. (carnal knowledge) 47 
 
 Dickinson, R. r. (larceny) ... 52 
 
 PAGE 
 
 Didsbury V. Thomas (hearsay) ... 110 
 
 Downes, R. v. (neglect of children) 44 
 
 E. 
 
 Edwards, R. v. (larceny) ... 55 
 
 F. 
 
 Falkingham, R. v. (abandoning 
 
 children) 43 
 
 Fisher, R. v. (malicious damage) 70 
 
 Flattery, R. r. (rape) ... ... 44 
 
 Fletcher, R. ?'. (rape) ... ... 45 
 
 Foster, R. v. (false pretences) ... 61 
 
 Foulkes, R. v. (embezzlement) ... 59 
 
 Francis, R. r. (false pretences) ... 63 
 
 French, R. v. (manslaughter) ... 36 
 
 Fry, E. v. (false pretences) ... 62 
 
 G. 
 
 Geach, R. v. (forgery) ... ... 69 
 
 Gibbons, R. V. (bigamy) ... ... 21 
 
 Goldsmith, R. v. (indictments) ... 9(5 
 
 Goodfellow, R. v. (depositions) ... 118 
 
 Gray, R. v. (arson) ... .. 70 
 
 Greep, R. v. (perjury) ... ... 14 
 
 Gregoi-y, R. v. (incitement) ... 3 
 
 Gumble, R. v. (indictments) ... 91 
 
 Guthrie, R. v. (indictments) ... 89 
 
 H. 
 
 Hapgood, R. ?'. (indictments) ... 92 
 
 Harris, R. '<>. (nuisances)... ... 29 
 
 Hnrvey, R. v. (coining) ... ... 23 
 
 Hayes, R. r. (replies) ... ... 102 
 
 Hazeltoii, R. v. (f.-'lse pretences) 62 
 
 Hennah, R. r. (] oisoning) ... 41 
 
 Hermann, R. r. (bad mon^y) ... 22 
 
 Heymann, R. r. (indictments) ... lt(3
 
 LIST OF CASES REFERRED TO. 
 
 Hibbert, E. v. (abduction) 
 Higham v. Ridgway (hearsay) 
 Hodgkiss, R. r. (jierjury) 
 Holbrook, R. ?■. (bbel) ... 
 Holmes, R. r. (rape) 
 Ilngbes, R. r. fperjury) ... 
 Hull, R. r. (prisoners) ... 
 
 PAGE 
 
 19 
 110 
 If) 
 25 
 46 
 13 
 100 
 
 Jellyman, R. r. (buggery) ... 17 
 
 Jenkins, R. v. (dying declarations) 113 
 
 Johnson, R. v. (coroners) ... 87 
 
 Jones, Ex fdHc (married women) 73 
 
 Jordan, R. v. (replies) ... ... 102 
 
 K. 
 
 Kenny R. r. (larceny) 55 
 
 Killiam, R. v. (false pretences) ... CI 
 
 Lapier, R. v. (rnbliery) 64 
 
 Lock, R. V (indecent assault) ... 48 
 
 M. 
 
 Manning, R. r. (arson) 70 
 
 Martin, R. v (forgery) 69 
 
 (venire de novo) ... 106 
 
 Masper v. Brown (iissault) ... 39 
 
 Middleton, R. r. (larceny) ... 54 
 
 Mills, R. r. (false pretences) ... 62 
 
 Morris, R. v. (assault) 40 
 
 N. 
 
 Nash, R. 1'. (punishments) ... 120 
 
 Naylor, R. v. (false pretences) ... 63 
 
 Negus, R. r. (embezzlement) ... 59 
 
 Nicholls, R. V. (manslaTighter) ... 36 
 
 Nicholson, R. r. (larceny) ... 54 
 
 O. 
 
 Olifier, R. ?'. (abduction) 19 
 
 Orniau, R. r. (cons])iracy) ... 27 
 
 Urttiii, R. r. (indictments) fc9, 105 
 
 r. I'AO.E 
 
 Rembliton, R. v. (damage) ... 71 
 
 Tetcb, R. v. (larceny) .. ... ,ol 
 
 Pre.ston, R. n (finding) .52 
 
 Price r. Torrington (hearsay) ... 110 
 
 Prince, R. ?'. (abduction)... ... 19 
 
 Pym, R. V. unurder) ... ... 33 
 
 R. 
 
 Ransford, R. %: (incitement) ... 3 
 
 Piea, R. r. (bigamy) 20 
 
 Redman, R. r. (threats) ... ... 65 
 
 Riley, R. r. (larceny) ... ... 52 
 
 RitsoH, R. V. (foi'gery) ... ... 69 
 
 Roadley, R. r. (indecent assaidt) 48 
 
 Russell, R. r. (arson) ... .. 70 
 
 S. 
 
 Satchwell, R. r. (arson) ... ... 70 
 
 Sinclair, R. v. (ass.udt) ... ... 38 
 
 Soltau r. de Held (nuisances) ... 28 
 
 Stopford, R. r. (wounding) ... 40 
 
 T. 
 
 Taylor, R. v. (accessories) ... 2 
 
 (indictments) ... 92 
 
 Thomas, R. v. (drunkenness) ... 80 
 
 (indictments) ... 92 
 
 Tliompson, R. v. (married women) 107 
 
 W. 
 
 Walker, R. ?•. (depo.sitions) ... 11 S 
 
 Ward, R. v. (wounding) ... ... 42 
 
 Welch, R. r. (malice) 4, 71 
 
 Welliugs, R. r. (depositions) ... 118 
 White, R. V. (abandoning children) 4 4 
 Wiley, R. r. (receiving) ... ... 5t; 
 
 Wilkins, R. v. (jioisouing) ... 41 
 
 Williams, R. v. (night-i^oaching) 11 
 Willis, R. f. (larceny) ... "...^ 55 
 W'ilson, R. r. (infancy) ... 73, 78 
 
 Wood, R. r. (lape) ... ... 47 
 
 Young, R. V. (nqie) 45
 
 A 
 
 SKETCH or THE CRIMINAL LAAV. 
 
 INTRODUCTOKY REMARKS. 
 
 The word crime is usually applied to such a violation 
 of the law as is, in protection of the interests of the 
 community at large, visited with punishment. In 
 proceedings by which tlie infliction of a fine is sought, a 
 difficulty occasionally arises in determining whether the 
 proceedings are " criminal " so as to preclude the de- 
 fendant from giving evidence. If, in such cases, the 
 fine is in the nature of a punishment rather than of a 
 debt, the proceedings are considered criminal. 
 
 By the law of England crimes have long been dis- 
 tributed into three classes — Treasons, Felonies, and 
 Misdemeanours. Until very recently, all felonies, as 
 distinguished from misdemeanours, occasioned a for- 
 feiture of the goods and chattels of the offender, and 
 sometimes of his lands also. Now, however, although 
 felonies and misdemeanours still retain several marks of
 
 2 INTRODUCTORY REMARKS. 
 
 difference, the distinction between them is to a great 
 extent arbitrary and unimportant.'"' 
 
 Principals and Accessories. — A 'princiiKil may be 
 in the first degree, or he may be in the second degree. 
 k. 'princi'pal in the first degree is one who actually takes 
 part in the commission of the crime, but it is not neces- 
 sary that he should be present at the place where the 
 crime is consummated ; or he might accomplish his j)ur- 
 pose by means of an innocent agent, as where a man 
 tells a child under seven to bring him money belonging 
 to a third person. A j^i'incijKil in the second degree is 
 one who aids and abets the commission of a crime, as 
 where one of a jDarty of robbers keeps watch at a dis- 
 tance from the scene of the robbery. 
 
 An accessory may be before the fact or after the fact. 
 An accessory he/ore the fact is one who procures or com- 
 mands any person to commit a felony, which is in con- 
 sequence afterwards and ip. his absence committed, e.g., 
 the hirer of an assassin.* Mere knowledge that a person 
 intends to commit a felony is not in itself sufficient to 
 constitute a man accessory before the fact. Accessories 
 before the fact, and principals, whether in the first or 
 second degree, in any felony may be indicted, tried, and 
 punished as though separately and independently gnilty 
 of having committed the felony. An accessory after 
 
 * In any substantial measure of criminal law reform the distinction, 
 witli its consequences, will probably beabolislied. 
 t See Beg. v. Taylor, L. E. 2 C. C. E.
 
 INTRODUCTORY REMARKS. -i 
 
 the fact is one who, knowing that a felony has been 
 committed by another, helps or harbours the felon. A 
 wife, however, may under such circumstances screen her 
 liusband. An accessory after the fact to any felony is 
 guilty of a substantive felony, for which he is punish- 
 able, though not so severely as the principal. In trea- 
 sons and misdemeanours all are principals. 
 
 Attempt. — Any attempt to commit a crime, whether 
 treason, felony, or misdemeanour, is a misdemeanour, 
 unless it is otherwise provided for by statute. It is not 
 easy to define an attempt, but it may be said to be an 
 act done with intent to commit a crime, and which 
 forms the beofinnino- of such a series of acts as, if unin- 
 terrupted, would have ended in the completion of the 
 offence. Thus, where a man procures dies for the pur- 
 pose of coining bad money, he has " attempted " to 
 commit the crime of coining ; but where a man puts his 
 hand into an empty pocket ilitending to steal whatever 
 maybe in it, he has not " attempted" to steal from the 
 person. A man may be convicted of an attempt, 
 although he voluntarily desisted from the completion of 
 the crime. 
 
 Incitement. — The inciting a man to the commission 
 of a crime is a misdemeanour, although such incite- 
 ment may not result in the actual commission of the 
 crime.* An attempt to incite is also a misdemeanour. + 
 
 * Rey. V. Gregory, L. R. 1 C. C. R. t Ikg. v. Pumsford, 13 C. C. C. 
 
 B 2
 
 4 INTRODUCTORY REMARK'S. 
 
 Intention. — Speaking generally, an act cannot 
 amount to a crime when it is not accompanied by a 
 guilty mind. It must, however, be remarked that, 
 when an act is done of which the probable consequence 
 may be highly injurious, this guilty mind, or criminal 
 intention, is an inference of law resulting from the 
 domg of the act ;"" thus, the publication of obscene 
 matter is a punishable offence although the defendant 
 liad no thought of depraving the public morals. More- 
 over, when the statute law expressly declares that a 
 thing shall not be done, it becomes ipso facto illegal to 
 do it ; e.g., having in his possession certain adulterated 
 articles renders a shopkeeper liable to penalties, 
 although he knew nothing of the adulteration. Malice, 
 in its legal sense, only imports the existence of the 
 criminal intention, and has no reference to motives. 
 
 Divisions of this Work. — The plan adopted in 
 this treatise has been to divide the subject-matter into 
 four parts. Part I. deals with offences more particu- 
 larly against the State ; t Part II. with offences against 
 the person ; Part III. with offences against property ; 
 while Part IV. deals with the constitution of courts and 
 tlie leading rules of evidence and practice. 
 
 * See Reg. v. Welch, 13 C. C. C. 
 
 t The words " more particularly" are here inserted because all offeuces 
 ar^ really against the State. But the offences treated of in Part I. are 
 neither against the x^erson nor against property.
 
 PAIIT I. 
 
 OFFENCES MORE PARTICULARLY AGAINST 
 THE STATE.
 
 OFFENCES MORE PAUTICULARLY AGAINST 
 THE STATE. 
 
 Treason. 
 
 [Punishment — Death.] 
 
 In the (on the whole) happy times in which the student's 
 lot is cast, an acquaintance with the Jaw of Treason is not 
 of great practical importance. The leading statute on the 
 subject is 25 Edw. III. st. 3, c. 2, which (being declaratory 
 of the common law) specifies various misdeeds which are 
 to amount to Treason. Of these the principal are attempt- 
 ing to kill the King, seducing his wife, making war on him 
 or helping his enemies, killing one of his judges, or coun- 
 terfeiting his money.* The student should also notice three 
 other statutes which have altered or extended the law 
 of Treason ; viz., 6 Anne c. 7, which deals with the publica- 
 tion of pamphlets maintaining the rights of strangers to 
 the Crown, or denying the authority of the Crown and 
 Parliament to bind the succession ; 36 Geo. III. c. 7, which 
 declares anyone who attempts to wound or imprison the 
 Sovereign to be a traitor; and 5 & 6 Vict. c. 51, which 
 makes it a high misdemeanour (punishable by penal ser- 
 vitude and whipping) to aim a weapon at the Queen, even 
 though the defendant only meant to frighten her. 
 
 Misprision of Treason consists of the bare knowledge and 
 concealment of Treason without any degree of assent to it, 
 a subject's clear duty being, on such a crime coming to his 
 knowledge, to communicate at once with the proper autlio- 
 
 * Ci>inage crimes, however, do not now amount to treason. See p. 21,
 
 8 OFFENCES AGAINST THE STATE. 
 
 Treason, rities. Any degree of assent makes a man a principal 
 traitor, for there can be no accessories in this crime. 
 
 Treason Felony. — By an Act passed in 1848 (11 & 12 
 Vict. c. 12), certain crimes which were previously Treasons 
 were declared to hQ felonies ; e.g., compassing to depose the 
 Sovereign from the style, honour, or name of the Crown. 
 The maximum punishment for Treason Felony is penal 
 servitude for life. 
 
 Two witnesses are necessary for a conviction in a Treason 
 case; but one of them may speak to one, and the other to 
 another, overt act of the same Treason. Except in the case 
 of an attempted assassination of the Sovereign, the prose- 
 cution must be instituted within three years of the Trea- 
 son. In the earlier times of our history, men accused of 
 Treason were hounded to death without any regard to law 
 or justice. But provision is now made for the due supply 
 to the defendant, a certain time before his trial, of a list of 
 the witnesses, and the jury, and a copy of the indictment ; 
 and he is allowed to make his defence by counsel ; so that 
 an innocent defendant has now as good a chance of getting 
 rid of an accusation of Treason as of any other accusation. 
 Sedition. — " Sedition embraces all those practices, whether 
 by word, deed, or writing, which have for their object to 
 excite discontent or dissatisfaction, to create public disburb- 
 ance, or to lead to civil war ; to bring into hatred or con- 
 tempt the Sovereign or the Government, the laws or con- 
 stitution of the realm, and generally all endeavours to 
 promote public disorder, and it is a high misdemeanour 
 
 Arclib. punishable with fine and imprisonment." 
 
 p'^sos Other crimes akin to Treason, which are not important 
 
 enough to be spoken of in detail, are administering un- 
 lawful oaths, inciting to mutiny, illegal drUling, and 
 offences against the Foreign Enlistment Act.
 
 OFFENCES AGAINST THE STATE. 
 
 Breaches of Peace. 
 
 TTnlawful assembly. — An unlawful assembly is an as- Breaches 
 sembly of three or more persons from which a breach of 
 the peace may reasonably be apj)rehended. The defendants, ' 
 however, have separated without making any motion 
 towards the execution of their purpose. 
 
 A rout differs from an unlawful assembly only in the 
 point that the defendants have made a motion towards the 
 execution of their purpose. 
 
 A riot is where they are executing their purpose. It 
 may be defined as the tumultuous assembling of three or 
 more persons to the disturbance of the peace and the 
 terror of at least one of Her Majesty's subjects. 
 
 The above offences are misdemeanours, punishable by fine 
 and imprisonment. But special provision has been made 
 by statute (1 Geo. I. st. 2, c. 5) for the case of rioters 
 
 Remaining t:gether one hour after proclamation. — In the 
 case where twelve or more persons are engaged in a riot a 
 justice of the peace or other officer " shall among the said 
 rioters, or as near to them as he can safely come, with a loud 
 voice command, or cause to be commanded, silence to be 
 while proclamation is making, and after that shall openly 
 and with a loud voice make, or cause to be made, procla- 
 mation of these words, or like in effect." The proclama- 
 tion charges the rioters in the Sovereign's name to disperse 
 and go home quietly. If, instead of doing so, they remain 
 together riotously for an hour after the proclamation has 
 been read they are guilty of felony, and can be punished 
 with j)enal servitude for life. It is necessary that the pro- 
 clamation should have been read correctly, and even if
 
 10 
 
 OFFENCES AGAINST THE STATE. 
 
 Breaches 
 of Peace. 
 
 R. V. 
 Chihl 
 4 C^ & P. 
 
 such a trifling mistake has been made by the magistrate as 
 the omission of the words " God save the king ! " at the 
 end of the proclamation, the rioters who remain for an 
 hour cannot be convicted of the felony. 
 
 Opposing the making of the proclamation is also a felony, 
 and punishable to the same extent. 
 
 The prosecution for these felonies must be commenced 
 within twelve months, and neither of them can be tried at 
 Quarter Sessions. 
 
 An affray is a fighting between two or more persons in a 
 public place, and is a misdemeanour punishable by fine 
 and imprisonment. Any person is justified in interposing 
 violently for the purpose of parting the combatants, and, 
 if one of them were to kill him accidentally in resisting 
 the interference, it woidd be murder. Mere words, how- 
 ever abusive, cannot amount to an affray. 
 
 Forcible entry This misdemeanour (punishable by fine 
 
 and imprisonment) consists of entering on lands and tene- 
 ments " with strong hand," or " with multitude of people." 
 It is no defence that the prosecutor's seisin of the premises 
 was wrongful, because a man ought n'ot to resort to violence 
 to get his rights, but should come quietly into a court of 
 justice for them. A forcible detainer is the analogous 
 crime of violently keeping possession of premises wrong- 
 fully entered upon. 
 
 Challenge to fight- — Challenges to fight, whether given 
 by word or letter, are misdemeanours punishable by fine 
 and imprisonment. To be the bearer of a challenge is also 
 a misdemeanour, and so is the intentional provocation of 
 
 one. 
 
 Refusal to aid constable. — If a constable sees a breach of 
 the peace committed, and finds himself unable to deal with 
 it single-handed, he may call on any bystander to help
 
 OFFENCES AGAINST THE STATE. 11 
 
 him ; and if the person called on refuses his assistance Breaches 
 
 of P63.C6 
 
 without lawful excuse, he is guilty of a misdemeanour. It 
 is no defence to an indictment for this misdemeanour that 
 the defendant's assistance, even if it had been rendered, 
 would have been of no avail. 
 
 Sending threatening letters. — It is a felony, punishable 
 with ton years' penal servitude, to send a letter to a person 
 threatening to murder him, or to burn doAvn his house, or 
 to maim his cattle. For threats with intent to extort 
 money, see 'post, p. 65. 
 
 Sureties of the peace. — If a magistrate finds a person 
 breaking the peace, he may bind him over to keep it. 
 And if one man is under fear of death or bodily harm from 
 another, he may " swear the peace " against him ; that is, 
 may require him to find sureties for his peaceable behaviour. 
 
 Three persons armed in pursuit of game by night. [Mis- 
 demeanour : max. pun. 14 years P. S. ; not triable at Q. S.] 
 — The essence of this crime is, that the persons who enter 
 the land by night for the purpose of taking game or rabbits 
 should be armed with such offensive weapons (sticks, stones, 
 or whatever they may be) as they intend to use in the See R(rj. v. 
 event of their being disturbed. If one of them is so 14 c. Q.h. 
 armed, with the knowledge of the rest, they can all be 
 convicted. "Night" means the time from the expiration 
 of the first hour after sunset to the beginning of the last 
 hour before sunrise. A prosecution for this crime must be 
 commenced within twelve months after the alleged com- 
 mission of it. 
 
 Political meetings in Westminster. — An open-air meet- 
 ing consisting of fifty persons, held within a mile from the 
 gate of Westminster Hall, and out of the parish of St. 
 Paul's, Covent Garden, and having for its object the 
 alteration of matters in Cliurch or State ordained, has been
 
 12 OFFENCES AGAINST THE STATE. 
 
 Breaches branded by the Legislature as illegal, and the convening 
 
 such a meeting is a misdemeanour. But such a meeting 
 57 Geo. ° _ _ ^ 
 
 III. c. 19, would be innocent if nothing were going on at West- 
 
 s, 23. 
 
 minster, or if it were merely a meeting for the election of 
 members of Parliament. Similar offences are the obtaining 
 signatures to a political petition without proper authority, 
 and the repairing to the Queen or either House of Parlia- 
 ment upon pretence of presenting any petition or address 
 accomjDanied by more than ten j)ersons (a). 
 
 Perjury. 
 
 [MiSDEMEAXOUR : Max. Pun. Seven Years P. S. ; not triable at 
 
 Q. S.] 
 
 Perjury is the wilfully false swearing on a trial, or in 
 some judicial proceeding, such as an affidavit. If, through 
 some oversight on the part of the officer of the court, the 
 oath has not been administered, the defendant cannot be 
 convicted, although he believed himself to have been 
 properly sworn. On the other hand, the defendant would 
 not escape by the mere fact of his evidence being literally 
 true, if he intended to convey that which was false ; as, 
 for instance, where a witness swore that a person could 
 not live, for two hours longer if he went on as he (the 
 witness) had left hhn, the truth being that the gentleman 
 whose health was in question had got a bottle of gin 
 applied effectively to his mouth ; or, as a further illustra- 
 tion, where the defendant sw^ore that some goods were 
 
 (rt) 13 Car. II. c. 5, This Act, though no one would dream of putting it 
 into force, still remains on the statute book unrepealed.
 
 OFFENCES AGAINST THE STATE. 13 
 
 worth a certain sum of money (which, indeed, represented Perjury, 
 their true vakio), although he was entirely ignorant on 
 the subject, or, at all events, believed the goods to be 
 worth a sum other than that which he had sworn to. 
 
 In a very recent case a somewhat curious point arose. 
 A police-constable in Wales procured a warrant to be 
 illegally issued, without a written information on oath, for 
 the arrest of a man named Stanley, on a charge of " assault- 
 ing and obstructing him in the discharge of his duty." 
 On this warrant Stanley was arrested and brought before 
 the magistrates, who, on the testimony of the police- 
 constable, convicted him. But it afterwards turned out 
 that the police-constable had given false evidence, and 
 that Stanley had really never " assaulted or obstructed " 
 him, as he had sworn. Accordiogiy, the j)oliceman was 
 indicted for perjury; and, when called on for his defence, 
 he said that he ought to be acquitted, because, on account 
 of the original informality, the proceedings in which he 
 was sworn were coram non jiullce. It was held, however, 
 that a conviction in the case was proper, and that the 
 magistrates had jurisdiction to hear the charge, though 
 the warrant upon Avhich the accused was brought before 
 them was illegal, the prisoner himself having raised no 
 objection to the trial proceeding. Reg. v. 
 
 No amount of false swearing is criminal unless it is as 4 q'k b. 
 to a point material to the issue then being tried. It is 
 not altogether clear what is meant by materiality. But 
 probably any evidence whatever which is given with the 
 object of influencing the decision is material. "The word 
 ' material,'" says Mr. Justice Stephen in his Digest, " means 
 of such a nature as to affect in any way, directly or in- 
 directly, the probability of anything to be determined by 
 the proceeding, or the credit of any witness, and a fact 
 may be material although evidence of its existence was
 
 14 OFFENCES AGAINST THE STATE. 
 
 Perjury, improperly admitted." This seems to be just the same 
 view as that entertained by Holt, C.J. : " It is here said by 
 my brother Eyre that the matter in which the perjury is 
 assigned is immaterial to the issue, and therefore no perjury 
 punishable by indictment. But I hold it is 'perjury to 
 swear falsely in any circumstance which conducdh to the 
 issue, or to the discovery of the truth : though, if it be only 
 in some impertinent or minute circumstance, as where the 
 witness 'dined on such a day,' or the like, which is usual 
 amongst the vulgar in giving evidence, it is not perjury, 
 because this does not conduce to the issue, or to the truth 
 
 ^- V. of the matter to be tried." 
 
 Holt, '535. To constitute the full crime of perjury, the false swearing 
 must have been in a judicial proceeding. But, if the false 
 swearing has been before some person authorised to ad- 
 minster an oath, though not in a judicial proceeding 
 {''.[/., before a surrogate in order to get a marriage license, 
 -or in an affidavit under the Bills of Sale Act, 1854), it is 
 a common law misdemeanour. 
 
 In the latter of the two cases just referred to, Kelly, C.B., 
 said — " In this case the prisoner was indicted for perjury in 
 making a false affidavit under the Bills of Sale Act. It is 
 clear that the making of such false affidavit is not strictly 
 perjury. The prisoner, therefore, is not liable to any 
 sentence that can only be pronounced against those guilty 
 of perjury. It is also clear, however, that the taking of a 
 false oath in a case like this, where an affidavit is required 
 for the purposes of a statute, is a misdemeanour at common 
 law, and renders the guilty person liable to punishment for 
 a common law misdemeanour. It is true that an indict- 
 ment for perjury, after stating the facts on which the 
 charge is made, proceeds in conclusion that ' the said 
 A. B. did wilfully and corruptly commit wilful and corriipt
 
 OFFENCES AGAINST THE STATE. 1 
 
 pcijnry.' Tliis conclusion may, however, bo rejected as Perjury. 
 surplusage. If this is done, the indictment sufficiently 
 states a misdemeanour in taking a false oath, and the 
 prisoner is liable to, and on this conviction may be 
 sentenced to, the punishment that is imposed by common 
 law for this common law misdemeanour." ^p- y-, 
 
 llodrfklgs. 
 
 Two Witnesses are generally required in a perjury case;L. R., i 
 otherwise, it would be oath against oath. One witness 
 may, however, suffice where circumstances are proved 
 which corroborate such witness, or where the defendant 
 has contradicted himself. 
 
 Subornation of perjury is the procuring another to take 
 such a false oath as constitutes perjury in the principal. 
 It is essential that the false oath should be actually taken ; 
 but, if it is not, the defendant is still guilty of the mis- 
 demeanour of incitement. 
 
 It should be added that certain persons, holding peculiar 
 views on religious subjects, are permitted to affirrn, instead 
 of being compelled to swear, that they will tell the truth. 
 A witness Avho, having made such an affirmation, gives 
 false evidence is in the same position criminally as if he 
 had taken the usual oath. 
 
 Coiupr'omisiiig Crimes, &c. 
 
 Compounding felonies. — To take a reward (which need 
 not be of pecuniary nature) for refraining from prose- 
 cuting a person for a felony is a misdemeanour punishable 
 by fine and imprisonment. Every person commits this 
 crime who agrees with a thief that if he restores the plunder 
 he shall hear no more of the matter. But merely to receive
 
 IG OFFEAXES AGAINST THE STATE. 
 
 Compro- back one's ooods without showing any favour to the thief 
 mising . , • -"^ , 
 
 Crimes, &c. is not crunnial. 
 
 Taking reward for helping a iran to his goods, — It is 
 provided by a statute of the present reign that " whosoever 
 shall corruptly take any money or reward, directly or 
 indirectly, under pretence or upon accotmt of helping any 
 person to any chattel, money, valuable security, or other 
 property whatsoever, which shall by any felony or mis- 
 demeanour have been stolen, taken, obtained," «fec., " shall 
 (unless he shall have used all due diligence to cause the 
 offender to be brought to trial for the same) be guilty of 
 felony," and liable to seven years' penal servitude. Any 
 person who even advertises such a reward is liable to a 
 penalty of £50. 
 
 Compounding misdemeanours is strictly as illegal as com- 
 pounding felonies. But it is common practice for the court 
 to allow a defendant who has been convicted of some 
 misdemeanour more particularly affecting an individual, 
 to " speak with " the prosecutor in private, and, if the latter 
 expresses himself satisfied with the result of the interview, 
 to pass only a nominal sentence. 
 
 Compounding informations on penal statutes. — This mis- 
 demeanour is committed by the informer, who, under 
 pretence of enforcing any penal law, makes a composition 
 without the leave of one of the courts. On conviction he 
 forfeits ^OlO, is liable to such imprisonment and further 
 fine as the court may inflict, and is for ever disabled from 
 suing on any popular or penal statute. 
 
 Misprision of felony is the crime of concealing, without 
 any degree of assent to, a felony, and, it is said, is com- 
 mitted by every person who sees a felony committed and 
 takes no steps to get the felon apprehended. It is a 
 misdemeanour punishable by fine and imprisonment.
 
 &c. 
 
 OFFENCES AGAINST THE STATE. l7 
 
 Misprision of felony is said to bo a graver crime when Compro- 
 
 . , , . 1 ■ / 1 mising 
 
 committed by persons having authority (such as coroners crimes, 
 
 and sheriffs) than when committed by ordinary citizens. 
 
 Escape and rescae. — It is a misdemeanour to escape 
 from lawful custody; and any officer who permits an escape 
 is also indictable. If such officer has permitted the escape 
 voluntarily, he is guilty of the same crime (whether treason, 
 felony, or misdemeanour) as the person he has allowed to 
 escape ; if negligently, he is guilty of a misdemeanour. If 
 a person has not only escaped but broken out of lyvison, he 
 is guilty of felony or misdemeanour, according to the 
 crime he happened to be charged with. But a prisoner 
 detained for treason only commits a felony by breaking- 
 out. As to what constitutes a breach, the mere getting 
 over a wall or through a window would not be sufficient. 
 But there has been held to be a breach where a prisoner 
 in getting over a Avail accidentally dislodged some loose 
 bricks placed there for the purpose of impeding escape and 
 giving alarm. Rescue consists of forcibly freeing another 
 from lawful custody. The rescuer is guilty of the same 
 offence as the rescued, but it is necessary that the principal 
 should be convicted of it ; otherwise, the offence is only a 
 misdemeanour. The rescuing, or attempted rescuing, of 
 murderers is a felony punishable with penal servitude for 
 life. 
 
 Buggery. 
 
 [Felony : Max. Pun. P. S. for life (and not less than Ten Years' P. S. 
 can be given) ; not triable at Q. S.] 
 
 This filthy crime when committed with a beast is called 
 hestiality ; when witli mankind, sodomy. Women as well jeiiiiman, 
 as men can be convicted of either crime. o ■ & .
 
 IS OFFENCES AGAINST THE STATE. 
 
 Buggery. In sodomy, agent and pathic (as the two criminals are 
 called, according to the part they respectively take) are 
 equally guilty ; but boys under fourteen, and girls under 
 twelve, however much morally to blame, are excused. 
 To constitute the full offence penetration of the anus must 
 be proved ; but an attempt to commit sodomy is a mis- 
 demeanour punishable with ten years' penal servitude. 
 
 Conceabnent of Birth. 
 
 [Misdemeanour ; Max. Pun. Two Years' Imp. ; not triable at Q. S.] 
 
 This offence consists of endeavouring to conceal the birth 
 of a child by a " secret disposition" of the baby's dead body. 
 It is no defence that the child died before birth, nor that 
 the disposition was only temporary. The body, however, 
 must be found and identified, and it must bo shown that 
 it was something more than a mere foetus which has not 
 reached the stage at which it might have been born alive. 
 
 Though it is a " secret " disposition that is required to 
 constitute the crime, the most open exposure is sufficient 
 if the child was placed Avhere it was extremely unlikely to 
 ^^'J- V. be discovered. 
 
 Brown, L. . . 
 
 R. 1 C. C. On an indictment for the murder of the child, the jury, 
 while acquitting on the capital charge, may convict of 
 concealment. 
 
 It is not only the mother who can be convicted of this 
 misdemeanour, but any person who helps to hide away the 
 dead baby.
 
 OFFENCES AGAINST THE STATE. 10 
 
 Abduction of Unmarried Girls nnder Sixteen. 
 
 [Misdemeanour: ]\Iax. Pun. Two Yeare' Imp. ; not triable at Q. S.] 
 
 The gist of this otFence is the taking of the girl out of 
 the possession of the person (whether father, mother, or 
 other guardian) who has the lawful charge of her, and the 
 fact that the defendant knew that she was under such 
 charge. Reg. v. 
 
 It is no defence that the girl was a consenting party to ^ * r^'i' 
 the carrying off, or that she was really the proposer of the ^- ^- ■^• 
 scheme. If, however, she left her home without any kind 
 of help or persuasion from the defendant, he is, it seems, 
 not to be convicted of abduction merely because he received 
 and refused to restore her. But, of course, as was pointed jie//. v. 
 out by Baron Bramwell in the case referred to, a man's ^o - c ^c 
 moral duty under such circumstances is clear. Neither is 
 it a defence that the girl looked much older than her years, 
 and that from her own statements, or otherwise, the 
 defendant had every reason to believe her past sixteen. i?fy. v. 
 
 It is to be observed that it is not merely a seducer who l. r. 2 c. 
 is punishable for this offence, but any person who takes the ^' ^- 
 girl from her home for purposes inconsistent with the 
 exercise of the control of her proper guardian. 
 
 Other kinds of abduction. — Though not coming strictly 
 in this connection as " offences more particularly against 
 the state," it may be convenient here to notice one or 
 two other kinds of abduction. It is a felony punishable 
 with fourteen years' penal servitude to abduct, against 
 her will, a woman entitled to property (a), of any age, 
 
 {a) The words of the statute are, "shall have any interest, whether 
 legal or equitable, present or future, absolute, conditional, or contingent, in 
 any real or personal estate, or shall be a presiimptive heiress or co-heirei^s, 
 or presiunptive next of kin, or one of the presumptive next of kin, to any 
 
 02
 
 20 OFFENCES AGAINST THE STATE, 
 
 Abduction from motives of lucre with intent to marry and carnally 
 ried Girls know her ; or to fraudulently get or keep possession of an 
 Sixte^"^ heiress under twenty-one, against the will of her guardians, 
 Avith the same intent; or to forcibly take away or detain 
 against her will any woman of any age with the same 
 intent. To steal children under fourteen is a felony 
 punishable with seven years' penal servitude ; but no one 
 can be convicted of this crime who took the child under a 
 claim of right. 
 
 Bigamy. 
 
 [Felony : Max. Pun. Seven Years' P. S.; not triable at Q. S.] 
 
 This crime is committed by the man or woman, who, 
 
 though already married, goes through the marriage ceremony 
 
 with another person, such ceremony being in a form 
 
 recognised by the law of the land in which it takes place. 
 
 If that other person is aware of the real state of affairs, he 
 
 (or she, as the case may be) is a principal in the second 
 
 degree. 
 
 Difficulties occur sometimes as to how far it is necessary 
 
 that either of the marriages should be of legal validity. 
 
 Reg. V, But, Speaking generally, it is no defence for a prisoner 
 
 Rm^'v J?ea indicted for bigamy to show that the second marriage would 
 
 ^- ^- 1 have been considered void by the law ; while, on the other 
 C. C. E. . . , "^ 
 
 hand, the prisoner is entitled to be acquitted if the first 
 
 marriage was void ; for instance, if a man, having married 
 his deceased wife's sister, has in her lifetime married some- 
 body else. The first woman is not his wife at all, and his 
 professing to marry her was a mere idle ceremony. 
 
 one having such interest." The defendant, if convicted, is incapable of 
 taking any interest of the woman's ; and, if a marriage has taken place, the 
 property will be settled as the Court of Chancery thinks best.
 
 OFFEXCKS AGAISSr THE STATE. -IX 
 
 If the defendant luis been separated from his (or lier) Bigamy. 
 better half for seven years immediately preceding the 
 alleged bigamous marriage, and during that time has never 
 heard of his (or her) being alive, there cannot be a convic- 
 tion for bigamy, and the burden of proving the defendant's 
 guilty knowledge is on the prosecution. But in the event 
 of the missing one, Enoch Arden fashion, turning up, the 
 ceremony becomes a nullity. It seems to be the better 
 opinion that a person is not to be acquitted on a charge of 
 bigamy merely because, when he contracted the second 
 marriage, he was under a hona fide and reasonable belief 
 that his first wife was dead. Gihhons 12 
 
 It is an important point on a bigamy prosecution to Cox c. C. 
 prove the identity of the person named in the indictment. Bennett, 
 This may be done by means of photographs, but better 
 still, by the testimony of persons who were present at the 
 marriage ceremony. 
 
 The first (that is, the only lawful) husband or wife is 
 not a competent witness in a bigamy case. 
 
 Coinage Crimes. 
 
 Of the large number of crimes coming under this head 
 the student's attention is mainly directed to three : — 
 
 Counterfeiting the gold or silver coin of the realm is a 
 felony punishable with penal servitude for life. If, how- 
 ever, the coin counterfeited is co})per coin of the realm, 
 or foreign gold or silver, such counterfeiting is a felony 
 punishable with seven years' penal servitude only. 
 
 Counterfeiting foreign coin other than gold or silver 
 coin is only a misdemeanour, and for the first time of 
 catching can only be jiunishcd with one year's imprison-
 
 22 OFFENCES AGAINST THE STATE. 
 
 Coinage ment. A second conviction, however, entitles to seven 
 Crimes. , , ., , 
 
 years penal servitude. 
 
 Uttering {i.e., offering) counterfeit gold or silver coin is a 
 misdemeanour punishable with one year's imprisonment. 
 But idtcring after a previous conviction for uttering is a 
 felony, and punishable with penal servitude for life. 
 
 Of course it often happens that a man tenders a bad 
 half sovereign with entire innocence and ignorance of its 
 badness. It is, therefore, essential that the prosecution 
 should show that the defendant knew the coin to be a bad 
 one. Various pieces of evidence may be given to show 
 that he must have had a guilty knowledge ; as, for instance, 
 that on other occasions he tried to pass off bad money, or 
 that he indulged in aliases, or that he had other bad 
 money in his pocket. 
 
 An interesting case on this brancii of the law recently 
 occupied the attention of the Court of Crown Cases 
 Reserved. The prisoner had been convicted of uttering 
 two false and counterfeit sovereigns. The coins, however, 
 were not " false and counterfeit " in the usual way, but were 
 composed of as good gold as ever came out of the Mint. 
 They had been fraudulently filed at the edges to such an 
 extent as to reduce the weight by one twenty-fourth part. 
 The effect of the filing was to remove the milling entirely, 
 or almost entirely ; and in order to restore the appearance 
 of the coins, a new milling had been made on each coin 
 with tools. It was held by the majority of the Court 
 (Lush and Stephen, J.J., dissenting) that the conviction 
 was correct. " The coins," said Coleridge, C.J., " were 
 counterfeit in the strict and grammatical sense of the 
 word ; they were made other than they ought to be ; 
 they were made to resemble that ivhich they were not. 
 They were not perfect and whole sovereigns ; they
 
 OFFENCES AGAINST THE STATE. 2:] 
 
 were imperfect coin, milled so as to conceal their Coinage 
 
 ... ,, Crimes. 
 
 imperfections. 
 
 ^ • _ _ lie,/. V. 
 
 Having in possession three such counterfeit coins is a Hermann, 
 misdemeanour punishable with five years' penal servitude. 
 The essence of this crime is an intention on the part of 
 the defendant to pass the coins off as genuine ; and such 
 intention is proved just in the same way as when the 
 indictment is for uttering. 
 
 Other offences against the coinage are making, or having 
 coining tools in possession, defacing or colouring coins, 
 and importing counterfeit coins. To convict a man of 
 having coining tools in his possession without lawful 
 authority or excuse, it is not necessary to show that he had 
 any immediate intention to use them. Jieg. v. 
 
 Harvev, 
 L. R. i 
 V. C. E. 
 
 Libel. 
 
 [Misdemeanour : Ma.x. Pun. (1) if defendant did not know it to he 
 false, One Year's Imp. and Fine ; (2) if defendant did know it to 
 be false, Two Years' Imp. and Fine ; and (3) if with intent to 
 e.Ktort money. Three Years' Imp. ; not triable at Q. S.] 
 
 " A libel," says Hawkins, in his Pleas of the Crown, C. 73, ss. 
 " is a malicious defamation, expressed either in printing or 
 writing, and tending either to blacken the memory of one 
 who is dead, or the reputation of one who is alive, and 
 expose him to public hatred, contempt, or ridicule. But 
 it is said," adds the learned Serjeant, " that in a larger 
 sense the notion of a libel may be applied to any defama- 
 tion whatsoever, expressed either by signs or pictures, as 
 by fixing up a gallows against a man's door, or by painting 
 him in a shameful and ignominious manner." 
 
 The reason why a libel is punishable criminally is that 
 it tends to provoke a breach of the peace.
 
 24« OFFENCES AGALXST THE STATE. 
 
 Libel. The mere writing or composing of libellous matter is 
 not criminal ; to constitnto the offence there must be 
 " publication." But any slight circumstance Avill be laid 
 hold of by the jury as evidence of publication, and it has 
 even been said that a libel contained in a letter is suffi- 
 ciently published though nobody sees it but the sender 
 and the receiver. 
 
 Truth, though a satisfactory answer to a claim for damages 
 in a Civil Court, is no defence to a criminal prosecution, 
 unless the defendant can go further and show that his 
 truth-telling was for the louhlic benefit. Moreover, it is 
 only available as a defence at the actual trial, and after it 
 has been specially pleaded. " If after such plea the de- 
 fendant shall be convicted on such indictment or informa- 
 tion, it shall be competent to the Court in pronouncing 
 sentence to consider whether the guilt of the defendant is 
 aggravated or mitigated by the said plea, and by the evi- 
 6 & 7 Vict, dence given to prove or to disprove the same," 
 
 , Lord Aiiiir- • i'irY>i 
 
 Campbell's Although " defamation pure and simple aiiords pre- 
 ° ■ sumptive evidence of malice," still this presumption, in 
 
 the absence of express malice, may be rebutted by circum- 
 stances showing that the communication was 'privileged, 
 that is, made in the performance of some social or moral 
 duty, or in the legitimate protection of personal interest. 
 There are also some special cases of this class of privilege, 
 e.g., bond fide criticisms on literary performances, fair com- 
 ments on public men, reports of trials in newspapers, &c. ; 
 and there appear to be some very rare instances of absolute 
 privilege, affording protection even where there exists 
 express malice. 
 
 Libels in newspapers. — By sec, 7 of Lord Campbell's 
 Act (6 & 7 Vict. c. 9G), it has been provided that " when- 
 soever upon the trial of any indictment or information for
 
 OFFEXCES ACAlXSr THE STATE. 25 
 
 the publication of a libel, under the plea of not guilty, Libel, 
 evidence shall have been given which shall establish a 
 presumptive case of publication against the defendant by 
 the act of any other person by his authority, it shall be 
 competent to such defendant to prove that such publica- 
 tion was made without his authority, consent, or know- 
 ledge, and that the said publication did not arise from 
 want of due care or caution on his part." In the late 
 important case of Reg. v. Holhrooh, the effect of this 4 Q. B. D. 
 section was discussed. The question was whether the 
 proprietors of the Portsmouth Gazette had been properly 
 found guilty of publishing a libel which their editor had 
 inserted in their newspaper without their knowledge or 
 express authority. It was held that there ought not to 
 have been a conviction, because the general authority 
 given to an editor is not "per se evidence of the proprietors 
 having authorized the publication of a libel ; on the 
 contrary, in the absence of circumstances giving it a 
 different character, the proprietors must be assumed to 
 have instructed their editor to conduct the paper according 
 to law. " I am far from saying," said Lush, J., " that the 
 mere appointment of an editor without supervision or 
 control may not, in some cases, involve an authority to 
 publish libels. If the paper was a calumnious one, its 
 general character would negative the ordinary presump- 
 tion of innocent intention, and fairly lead to the inference 
 that the proprietor authorized the insertion of slautlerous 
 articles. But that cannot be said of such a respectable 
 paper as the one in question is admitted to be." 
 
 Fox's Act. — Till almost the end of the last century it 
 was considered that all the jury had to do in a libel case 
 was to decide whether or not there had been a iniblication 
 of the paper charged to be a libel, and whether or not the
 
 2G OFFENCES AGAINST THE STATE. 
 
 Libel, allcfred libel hove the sense ascribed to it in the indictment. 
 But by 32 Geo. III. c. 60 (an Act whicli is happily asso- 
 ciated with the honoured name of the great Whig leader), 
 the jury is now entitled to find a general verdict of guilty 
 or not guilty. 
 
 Slander is indictable only in a very few cases : for 
 instance, where the defendant has used defamatory words 
 to a magistrate acting in the course of his duty, or words 
 seditious, blasphemous, or grossly immoral. 
 
 Blasphemous and indecent libels. — Most libels are on 
 individuals, but one or two exceptional kinds of the crime 
 require a word of notice. At common law it is a blas- 
 phemous libel to write against Christianity ; and express 
 provision has been made by statute for the jiunishment of 
 persons who " having been educated in, or at any time 
 having made profession of, the Christian religion within 
 this realm, shall, by writing, printing, teaching or advised 
 speaking . . . assert or maintain that there are more 
 Gods than one, or shall deny the Christian religion to be 
 true, or the Holy Scriptures of the Old and New Testament 
 
 9 & 10 to be of Divine authority." But, of course, any attempt 
 
 Will. III. . . . 
 
 c. 32. to put such laws as these into force would immediately 
 
 lead to their abolition. An indecent libel is any writing 
 which, without serving any compensating purpose useful 
 to the State, tends to corrupt the morals of the lieges, 
 and leads their minds to entertain prurient and harmful 
 thoughts. There are some other libels " abstracted from 
 all personal allusions ;" for instance, libels on the constitu- 
 tion, libels on the government, and libels on the adminis- 
 tration of justice. On all such subjects as these, however, 
 the tone of the day is to let men WTite and say what they 
 like, and any prosecution of the kind would be extremely 
 unpopular.
 
 OFFENCES AGAINST THE STATE. 27 
 
 Conspiracy. 
 
 [Misdemeanour: Max. Pun. Two Years' Imp. and Fine ; not triable 
 
 atQ. S.] 
 
 Without pretension to accuracy of definition, this crime 
 may be said to be an agreement between two or more 
 persons to carry into effect some hurtful purpose. Though 
 hurtful, the purpose need not be to any extent criminal, 
 and the Court may exercise its discretion as to the hurt- Reg v. 
 fulness. Thus, however immoral it may be, it is not a ^™"'^. ^'* 
 crime to seduce a girl ; but if two men were to put their 
 heads together and plot the storming of her virtue, they 
 would be indictable for conspiracy, although she success- 
 fully resisted their most insidious advances. Similarly, 
 two men who agree to go and hiss a play can be indicted 
 for conspiracy, and it would be no defence that the play 
 was an extremely bad one and deserved hissing. It is not Per Mans- 
 necessary that any act should have been done by the j^ cii/oi-'d 
 conspirators in pursuance of their agreement : the mere j 2"" 
 agreement is sufficient. Camp. 
 
 Anything said or done by one of the conspirators in 
 furtherance of their common purpose is evidence against 
 all the rest. It may be mentioned that husband and wife, 
 being one person in law, cannot alone be found guilty of 
 conspiracy. 
 
 Conspiracy to murder. — It is a misdemeanour punishable 
 with ten years' penal servitude to conspire to murder any 
 person, "whether he be a subject of Her Majesty or not, and 
 whether he be within the Queen's dominions or not." 
 
 Combinations in restraint of trade. — "Workmen may pro- 
 tect their own interests by combining together in trade 
 unions or otherwise, but it is a criminal oifence to hide the
 
 28 OFFENCES AGAINST THE STATE. 
 
 Conspi- tools of, persistently follow about, or otherwise annoy those 
 ^**'^' of their fellow-workmen who refuse to join them. 
 
 Merger of conspiracy in felony. — If the object of a con- 
 spiracy is a felony which is actually committed, the con- 
 spiracy becomes merged in the felony. But a defendant 
 indicted for conspiracy would not be entitled to acquittal 
 on the ground that the evidence proved a felony to have 
 been committed. 
 
 Coininoii Nuisance. 
 
 [Misdemeanour : Pun. Fine and Imprisonment; triable at Q. S.] 
 
 A common (or public) nuisance is '"'such an incon- 
 venient or troublesome offence as annoys the whole com- 
 munity in general, and not merely some particular indi- 
 vidual." A nuisance of this kind is punishable on indict- 
 ment, and also gives a cause of action to any person who 
 See Soltau may be exceptionally injured thereby. It may very well be 
 Shirley's '^' '^^^ ^^ ^^^ which is productive of great convenience to a 
 Leading larfife number of the public, and of little practical incon- 
 
 Cases, ^ ^ ^ . . 
 
 p. 211. venience to anyone, yet amounts to a public nuisance, 
 because it interferes with the exercise of rights common to 
 all the subjects of the realm; e.g., the erection of a telegraph 
 post on the waste land at the side of a highway. On the 
 other hand, the mere fact that the thing complained of 
 causes a nuisance to a number of persons, and does not 
 advantage anyone, will not constitute it a public nuisance ; 
 as, for instance, an obstruction placed on a private road 
 leading to a row of houses. The more important of indict- 
 able nuisances are : keeping bawdy-houses, gaming-houses, 
 or disorderly places of entertainment; exposing for sale
 
 OFFENCES AGAINST THE STATE. 20 
 
 articles of food unfit f(jr cuiisuinptioii ; the carrying- on an Common 
 
 offensive trade ; exposing one's nakedness in a public place 
 
 and in the view of more than one person; and nuisances to 
 
 highways. As to the misdemeanour of indecent exposure, 
 
 it may be remarked that by a " public place " is simply 
 
 meant a place which is open to the view of a considerable 
 
 number of people, passing along the highway, or being 
 
 wliere they have a right to be, if they happen to look. 
 
 Even the inside of a urinal, with respect to persons outside 
 
 it, has been held to be a public place ; and so has the roof R^rj. v. 
 
 Hams, 
 
 of a house where the defendant could be seen from the l. R. 1 
 
 /-I ri T> 
 
 back windows of neighbouring houses, though not from the 
 street below. So, bathing (without drawers ?) near a 
 public footpath, or in the open sea within easy view of a 
 house, though recently erected, are indictable nuisances, 
 and an immemorial custom to bathe there is no defence. 
 To constitute the misdemeanour there need be no delibe- 
 rate intention to insult any particular person. On the 
 other hand, it is clear that, however deliberate may be the 
 intention to insult or excite, an indecent exposure in a 
 place of public resort, if it was only done before one person, 
 is not indictable. It is to be regretted that such is the 
 law, since some of the worst cases of the kind are those in 
 which the exposure has advisedly been made to only one 
 person. 
 
 Piracy. 
 
 Piracy is a crime both by the law of nations (and so 
 adopted into our common law) and by statute. According 
 to the former law, piracy consists in committing on the 
 high seas such acts of depredation as would have amounted 
 to a felony in an English county. Pirates are hodes
 
 30 OFFENCES AGAINST THE STATE. 
 
 Piracy, humani generis, and any nation which is fortunate enough 
 to catch such marauders usually deals very summarily with 
 them. Various acts which do not amount to piracy at 
 common law have been made piracy by statute; for instance, 
 the rendering assistance to a pirate. Penal servitude for 
 life is generally the utmost punishment that can be inflicted 
 on a pirate ; but if his piracy was accompanied by violence 
 and bloodshed he can be hanged, although he has not 
 succeeded in taking anybody's life. 
 
 Connected with the subject of piracy, should be men- 
 tioned the existence of a number of laws for the punish- 
 ment of persons trafficing in slaves. Thus, a British sea- 
 man who serves on board a ship engaged in the slave trade 
 is guilty of a misdemeanour. 
 
 Cheating. 
 
 Some frauds upon the public, although not such as to 
 amount to forgery or to obtaining goods by false pretences, 
 are yet indictable as misdemeanours at the common law ; 
 e.g., using false weights and measures, or selling unwhole- 
 some provisions. The cheat must, however, be one calcu- 
 lated to affect the public at large, and not a private 
 individual merely: thus, the delivery of a less quantity 
 of bread than that contracted for, no false weights or 
 tokens having been employed, is simply an actionable 
 fraud.
 
 PART 11. 
 OFFENCES AGAINST THE PERSON
 
 OFFENCES AGAINST THE PERSON. 
 
 Homicide. 
 
 Homicide is the kilKng of one human being by another; 
 and, in legal contemplation, all homicide amounts to murder 
 unless and until tkis presumption of law is rebutted by 
 proof of the circumstances under which death took place. 
 In this definition the word "killino-" means causinsr or 
 accelerating the death of a person by some act or omission. 
 But it may be observed that it does not exclude cases 
 where the injury inflicted is not the direct sole cause of 
 death, e.g., where the injured man dies of an operation 
 which there was no necessity to perform, but which com- * 
 
 petent surgeons believed to be necessary. If, however, the Reg. v. 
 person injured survives his ill-treatment for a year and a c,^c! C. 
 day, the law conclusively presumes that his death arose 
 from some innocent cause, and nobody can be made 
 criminally responsible for it. 
 
 Homicide not amounting to felony. — Under certain cir- 
 cumstances, the man who causes another's death is justified 
 or excused (a). The hangman, for instance, who executes a 
 convict in conformity with the sentence of the law is doing- 
 no more than his duty. And so one man may kill another 
 
 (a) A distinction is made in the older books between jnstifiuhle and 
 excusable homicide, but, as it fails in practice, and as Mr. Justice Stephen 
 does not make it in his Digest, it is thought advisable to omit it here. 
 
 D
 
 84 OFFENCES AGAINST THE PERSON. 
 
 Homicide, in self-defence, or (if it cannot be prevented in any other 
 way) to prevent the commission of a felony. By some of 
 the older writers a case is put of two men who, having 
 suffered shipwreck, find themselves clinging to a plank that 
 will support only one of them : and it is said that the 
 extremity of the occasion justifies or excuses the homicide 
 committed by the one who has the presence of mind to 
 eject the other and keep the plank to himself. Homicide 
 hy misadventure is where death is accidentally caused by 
 a person engaged in an entirely innocent act. For example, 
 if in the game of cricket the batsman were to strike a ball 
 so that it killed a fielder, or if (without gross negligence) an 
 
 See, how- axe Were to fly out of the hand of the woodman wielding 
 
 ever Rco 
 
 V. Brnd- ' it and kill a passer by, these would be cases of homicide 
 
 a c: a as by misadventure. 
 
 to Associa- Murder. [Felony : pun. death ; not triable at Q. S.l — 
 
 tion foot- 
 ball. The "malice" essential to constitute murder only means 
 
 that the prisoner must have intended to kill, our legal 
 
 forefathers not, it seems, clearly appreciating the diffe- 
 
 • rence between motive and intention. But in many cases 
 
 of murder the intention to kill is presumed rather than 
 
 actually existent. In an attempt, for instance, to commit 
 
 a felony (e.g., to procure abortion), if death results, the 
 
 prisoner can be convicted of murder, though nothing 
 
 was farther from his thoughts or wishes than that he 
 
 should take anybody's life. So, if a man were to shoot at 
 
 a hen with iiitent to steal it, but, taking, an indifferent aim, 
 
 were to shoot down a chance wayfarer whose proximity he 
 
 never suspected, he would be (legally) guilty of murder. 
 
 Provocation, however, will sometimes reduce murder to 
 
 manslaughter. But it will only have this effect, whjere it has 
 
 been great enough to rouse a reasonable man to a pitch of 
 
 frenzy bordering on absolute insanity. If a man, returning
 
 OFFENCES AGAINST THE PERSON. 35 
 
 home, finds a strange man in bed with his wife, his killing Homicide, 
 the intruder is manslaughter only, for the law recognises 
 the immensity of the provocation. But if a sufficient time 
 (a few minutes, at least) has elapsed between the provoca- 
 tion and the killing the law assumes that the temporary 
 madness has subsided, and the crime is capital. The 
 provocation to be worth anything must be of a very out- 
 rageous nature, such as would inflame the passion not 
 merely of a hot-tempered and uneducated clown, but even 
 of a man of calm judgment and well balanced mind. For 
 this reason, inure tuords, however insulting or hard to put 
 up with, can never amount to sufficient provocation. If, 
 however, they are the prelude to an actual attack, it is 
 different. It need scarcely be said that provocation is no 
 defence where there has been express malice, or where it 
 was sought by the prisoner himself. 
 
 Another case in which a man commits murder, though 
 he had no real intention to kill, is, where in resistance to 
 an officer of justice he has accidentally caused his death. 
 But it is necessary that the deceased should have had 
 proper authority, and that the prisoner should have known 
 it. So if two persons go out to fight a duel, and one of 
 them is killed, the other is guilty of murder, though he 
 was dragged into the affair, and imagined himself to^have 
 fired in the air. 
 
 Attempt to murder.— An attempt to murder is a felony, 
 and punishable with penal servitude for life. It is not 
 triable at Quarter Sessions. 
 
 Manslaughter [Felony: max. pun. P. S. for life; not 
 triable at Q. S.] differs from murder in the absence of any 
 intention to kill. It is said to be of two kinds, voluntary 
 and involuntary. Voluntary manslaughter has been 
 alluded to under the head of murder. Involuntary man- 
 
 D 2
 
 36 OFFENCES AGAINST THE PERSON. 
 
 Homicide, slaughter is committed by a person who, while doing an 
 unlawful act not amounting to a felony, or by his gross 
 and wicked negligence, causes death. Thus, if, while 
 playing at some dangerous and improper game, one of the 
 sportsmen accidentally kills another, he is guilty of man- 
 slaughter. A prizefighter, for instance, who kills his 
 antagonist is guilty of manslaughter. It is necessary that 
 the unlawfulness of the occupation should be of the kind 
 malum in se, not vialum quia 'prohibitum ; and accord- 
 ingly a death caused accidentally by a person shooting 
 game without being duly qualified will not amount to 
 manslaughter. As to manslaughter by negligence, it has 
 been said that whatever constitutes murder when done 
 intentionally constitutes manslaughter when done by 
 culpable negligence. Whether culpable negligence exists 
 in any particular case is a question for the jury, subject, of 
 
 See Reg. v. course, to the ruling of the Court on the subject. 
 
 13* c!ox*' ^^ ^ prosecution for manslaughter by negligence it is no 
 
 C. C. ; and defence that the deceased's own negligence contributed 
 
 Reg. V. . . ^ ^ 
 
 French, 14 to the death. This is reasonable, for a man ought not to 
 ' ' ' 'be allowed to evade the consequences of his own criminal 
 negligence by somebody else having been also negligent. 
 
 It sometimes happens that a schoolmaster is put upon 
 his trial for having caused the death of one of his pupils, 
 and the question is what is the precise degree of guilt, if 
 any, which is imputable to him. A schoolmaster is justified 
 in administering to a scholar reasonable chastisement, and 
 if the boy happens to die quite unexpectedly in conse- 
 quence, the death is homicide by misadventure. But if 
 the master has exceeded the bounds of moderation, either 
 in the amount of punishment inflicted or in the instru- 
 ment used, he may be convicted of manslaughter, And, 
 indeed, if the instrument used was highly improper for the 
 
 i
 
 OFFENCES AGAINST THE PERSON. 37 
 
 purpose, and extremely likely to cause severe injuries, if Homicide, 
 not death, he may be convicted of murder ; for the em- 
 ployment of such an instrument would be evidence of the 
 " malice " required to constitute the capital crime. 
 
 Attempt to commit suicide. — This is a misdemeanour, 
 and punishable with two years' imprisonment. It is triable 
 at Quarter Sessions. If two persons agree to commit 
 suicide together, and only one of them actually dies, the 
 survivor is guilty of the other's murder. 
 
 Co7nmon Assault. 
 
 [Misdemeanour : Max. Pun. One Year's Imp. ; triable at Q. S.] 
 
 Any attempt to offer violence to the person of another 
 is an assault. Thus, it is an assault to shake one's list in 
 a man's face, to strike at him with a cane, or to present a 
 loaded gim at his head. It is necessary, however, that such 
 acts should be committed within such a distance that the 
 threatened violence could have been really inflicted ; and 
 mere words, however menacing, can never amount to an 
 assault. 
 
 When an assault proceeds so far that the slightest force 
 is actually applied to the person or dress of another, it is 
 described in law as a battery. " If a man strike at another 
 with a cane or fist, or throw a bottle at him, or the like, if 
 he miss him, it is an assault ; if he hit him, it is a 
 battery," There is a battery as well as an assault in such Archb. 
 cases as where some parish officers cut the hair of a pauper ^' 
 in a workhouse against her will, where the defendant cut 
 the prosecutor's dress while he was wearing it, though 
 without touching or any intention of touching his person,
 
 38 OFFENCES AGAINST THE PERSON. 
 
 Common or where a doctor unnecessarily stripped a girl naked under 
 the pretence that he could not otherwise see what was the 
 
 And see matter with her. 
 
 Jobson, ' There are many possible defences to an indictment for 
 3 c. c. c. |3g^(;^j.y . Q^YiA it has been said that the same facta which 
 would make killing homicide by misadventure will be a 
 good defence to such an indictment. None of those acts 
 which are reasonably necessary to the ordinary intercourse 
 of life can be complained of as batteries. Being jostled in a 
 crowd, for instance; being slapped on the back by a friend; 
 being knocked down by a horse which has ran away with 
 its rider; or being hurt in some lawful sport such as cricket 
 or football. It is not very clear to what extent a man can 
 
 Seelicff. V. consent to the infliction of bodily hurt. But it is beyond 
 
 13 C. C.'c. doubt that he cannot consent to a maim ; that is, to an 
 injury that would deprive the state of an eflEicient soldier ; 
 nor is it in his power to legalise such a battery as amounts 
 to a breach of the peace. An act which is prima facie a 
 battery may yet be perfectly lawful ; as where one having 
 authority, a parent or master, corrects in a moderate manner 
 his child or scholar, where a blow is struck in self-defence, 
 where an officer of justice accomplishes an arrest, or where 
 a man uses violence in defence of his possession. As to 
 the case of self-defence, it may be remarked that the de- 
 fendant was not bound to wait till the prosecutor actually 
 struck him. If the prosecutor assumed such a threaten- 
 ing attitude as to satisfy the legal definition of an 
 assault, the defendant was justified in anticipating such 
 violence and knocking him down. But it is essential 
 to an acquittal that the defendant should not have 
 gone farther than he deemed necessary to protect him- 
 self against the prosecutor's violence. If his battery 
 was excessive, or if it was inflicted when the danger had
 
 OFFENCES AGAINST THE PERSON. 
 
 39 
 
 passed away, it is no defence that the prosecutor was the Common 
 aggi-essor and committed the first assault. A man may ^^^^"^^• 
 justify a battery not only in his own defence, but in de- 
 fence of his wife, child, master, servant, etc. 
 
 Certain kinds of assault (on peace officers, for instance, 
 or on persons protecting wrecks) are regarded more 
 seriously by the law than ordinary assaults, and visited 
 with heavier punishments. So, too, an assault with intent 
 to commit a felony is a misdemeanour punishable with two 
 years' imprisonment. 
 
 False imprisonment. — This misdemeanour consists of the 
 wrongful confinement of another, and it is not necessary 
 that a finger should be laid on his person. Thus, if a 
 magistrate's waiTant was shown the prosecutor by a con- 
 stable, and, to avoid unpleasantness, he went quietly, there 
 was an imprisonment, though the constable did not touch 
 him in any way. Chhm v. 
 
 *' -^ Morris, 
 
 Choice of remedies for assault. — A person who has been 2 c. & p. 
 assaulted is not bound to prefer an indictment, but may 
 choose between several ways of proceeding. He may, if 
 he likes, bring an action against the person who has beaten 
 him, and recover damages. He may get him bound over 
 to keep the peace ; or, again, the offender may be sum- 
 marily convicted. On summary conviction, however, the 
 defendant could not be sentenced to a year's imprisonment, 
 as he could be if convicted on an indictment. He could 
 only receive a term of two months' imprisonment; or, in 
 lieu of it, a fine of £5. Such proceedings before the 
 justices are final. If they dismiss the complaint, they 
 give the defendant a certificate which bars any future 
 action or prosecution ; while, if they convict, the com- 
 plainant must rest satisfied with whatever punishment i^j'^^^f/ ^" 
 they may choose to inflict, however inadequate. If, how- ^- 1^- ^ ^'*
 
 40 OFFENCES AGAINST THE PERSON. 
 
 Common ever, after the conviction for assault the prosecutor dies, 
 the defendant may be indicted for homicide. 
 
 Refj. V. •' 
 
 Morris, 
 
 L. R. 1 
 f C Tl 
 
 Aggravated Assaults. 
 
 Wounding, &c,, with intent. — Amongst the aggravated 
 assaults made by express enactment felonies punishable 
 with penal servitude for life, and which cannot be tried at 
 Quarter Sessions, are the unlawfully and maliciously 
 wounding or causing any grievous bodily harm to a 
 person, or the shooting at a person, with the intent, in any 
 of these cases, to maim, disfigure, disable, or do him 
 grievous bodily harm, or with the intent to resist lawful 
 apprehension. 
 
 When any of the intents mentioned above is established, 
 malice will be inferred from the act itself. 
 
 It is not necessary for the prosecution to show that the 
 
 prisoner intended to maim, &c., the particular person 
 
 injured. If his object was to maim his enemy A., and he 
 
 has managed his weapon so clumsily as to maim his friend 
 
 Reg. V. B., he can be convicted just as if he had carried out his 
 
 11 Cox original mtention. 
 
 ^- ^' So, it is no defence that the prisoner's main intention 
 
 was not to do grievous bodily harm, but to commit some 
 other crime. For instance, to cut a child's private parts in 
 order to admit of the insertion of the prisoner's person 
 has been held a wounding with intent to do grievous 
 Reg.v.Cox, bodily harm ; though, of course, such an intent was really 
 only a subordinate one. So, too, of a wounding when the 
 prisoner's real object is robbery. 
 
 Meaning of words " maim," &c. — The word maim has 
 reference to a citizen's duty as a soldier. Any injury 
 which will render him less capable of serving his country
 
 OFFENCES AGAINST THE PERSON. 41 
 
 in the field amounts to a maim. To disfigure is to inflict Aggra- 
 an injury which spoils the prosecutor's beauty. To disable Assauita. 
 is to inflict some permanent injury not amounting to a 
 maim. To do grievous bodily harm is to inflict such an 
 injury as seriously interferes with health and comfort. It 
 need not, however, be a permanent injury. 
 
 Administering poisons, &c. — If a person administers, or 
 attempts to administer "chloroform, laudanum, or other 
 stupefying or overpowering drug, matter, or thing," with 
 the object of committing an indictable offence, he is guilty 
 of felony, and can be punished with penal servitude for 
 life. It is a felony of the same degree for any woman 
 to take, or for any other person to administer to her, 
 any "poison or other noxious thing" in order to pro- 
 cure a miscarriage («). To give a person " any poison or 
 other destructive or noxious thing, so as thereby to 
 endanger the life of such person, or so as thereby to inflict 
 upon such person any grievous bodily harm," is a felony 
 punishable with ten years' penal servitude. To administer 
 " any poison or other destructive or noxious thing with 
 intent to injure, aggrieve, or annoy " a person, is a misde- 
 meanour punishable with five years' penal servitude. A ^'^0- v. 
 man was held to have been properly convicted of this 31 L. J. 
 misdemeanour who had put some cantharides into a ' 
 woman's tea in order to excite her sexual desire. But as 
 some poisons, when taken in small quantities, are not only Reg. v. 
 harmless but even beneficial, the prosecution must in this Cox C. C. ; 
 class of cases make out that the thine- administered was ^^ ^^^' ^' 
 
 ° Cramp, 
 
 poisonous both in its nature and in the form taken. L- R- 5 
 
 Unlawful and malicious wounding, or the infliction of " ' ' 
 grievous bodily harm.— If the prosecution fail in making 
 
 (a) It also amounts to a felony to attempt to prociu'e a miscarriage " by 
 any means whatsoever."
 
 42 OFFENCES AGAINST THE PERSON. 
 
 Aggra- out one of the intents above referred to, the prisoner may 
 
 Assaults, be convicted of this misdemeanour ; or, of course, he may 
 
 be indicted for it alone. It is a crime punishable with 
 
 five years' penal servitude, and is triable at Quarter 
 
 Sessions. Though the injury must be " malicious," it is 
 
 not necessary that it should be so in the sense that the 
 
 prisoner entertained spite or ill-will against the prosecutor. 
 
 Thus, a person has been held to be properly convicted of 
 
 ^5'- V. this crime who fired a gun in the prosecutor's direction 
 
 L. R. 1 c. to frighten him, and wounded him by accident. To con- 
 
 stitute a wounding, the continuity of the skin must be 
 
 broken ; but it does not matter what the weapon was. If 
 
 the wounding is not proved, there may still be a conviction 
 
 for a common assault. " Bodily harm " may be " grievous," 
 
 although neither permanent nor dangerous. 
 
 When there is no wound, and the hurt, although such as 
 to interfere with the health or comfort of the prosecutor, is 
 not of such a character as to amount to " grievous " bodily 
 harm, the prisoner may be indicted for inflicting " actual " 
 bodily harm. This offence is a misdemeanour punishable 
 with five years' penal servitude, and is triable at Quarter 
 Sessions. An indictment against a prisoner charged with 
 the infliction of personal injuries usually contains a number 
 of counts so as to secure a conviction for a lesser crime if 
 not for a greater. 
 
 Setting spring-guns, &c. — It is a misdemeanour punish- 
 able with five years' penal servitude to set spring-guns, 
 man-traps, or other dangerous engines, to catch trespassers 
 or others. But a man may set a spring-gun, &c., in his 
 dwelling-house for his protection at night. 
 
 Endangering safety of railway passengers. — The safety 
 of railway travellers is provided for by several statutes. 
 It is, for instance, a felony punishable with penal servitude
 
 OFFENCES AGAINST THE PERSON. 43 
 
 for life to put thinj^s across railways, to displace sleepers, Aggra- 
 
 • 1 • -1 1 • vated 
 
 &c., to meddle with points or signals, or to do anything Assaults, 
 else unlawfully and maliciously to endanger the safety of 
 the travelling public. To throw things at trains with a 
 similar object is a felony of the same degi-ee ; while it is 
 a misdemeanour punishable with two yeai-s' imprisonment 
 to endanger the safety of any person conveyed, or being in 
 or upon a railway " by any unlawful act, or by any wilful 
 omission or neglect." 
 
 Negligent driving. — It is a misdemeanour punishable 
 with two years' imprisonment for a person " having the 
 charge of any carriage or vehicle " by neglect or misconduct 
 to cause bodily harm to any one. 
 
 Ill-treatment of Persons in Defenceless Positions, 
 
 Special provision has been made by the Legislature for 
 the punishment of those who in certain cases abuse their 
 authority over others. If a master, for instance, is bound 
 to supply his apprentice or servant with food, and does not 
 do so, or if he inflicts any bodily harm on him, to his 
 permanent injury or the danger of his life, he is guilty of a 
 misdemeanour punishable with five years' penal servitude. 
 It is a crime of a similar degree for a person under a legal 
 obligation to take charge of a child under two to abandon 
 or expose it to its permanent injury or the danger of its 
 life. This crime has been held to have been committed by 
 a mother who packed up her baby comfortably in a hamper 
 and sent it by train to its father, though the clerk at the ^^„ ^ 
 station was told to be particularly careful with the hamper, Pcf/^'^nff- 
 and though the child did not suffer at all by travelling in 1 C. C. E.
 
 44 OFFENCES AGAINST THE PERSON 
 
 Ill-treat, such an unusual way. It is, moreover, not necessary that 
 
 Persons in the defendant should have had the actual custody of the 
 
 lesVposi- child if he, being bound by law to provide for it, allowed it 
 
 tions. ^Q remain " abandoned or exposed." 
 
 White Misdemeanours, though not punishable so heavily, are 
 
 L. R. 1 also committed by parents who, in spite of their ability to 
 o. o. Iv. 
 
 do so, do not provide necessaries for their children under 
 
 fourteen, whereby the healths of such children are, or are 
 
 See Rcg.v. lively to be, seriously injured. 
 
 Cox C. C. 
 
 Rape. 
 
 [Felony : Max. Pun. P. S. for life ; not triable at Q. S.] 
 
 This is the heinous crime of having carnal knowledge of 
 a woman by force and against her will. The law requires 
 that the prosecutrix in a rape case shall have made the 
 utmost possible resistance ; but if her submission (as dis- 
 tinguished from her consent) has been obtained by fraud, 
 or by threats of extreme bodily harm, the prisoner can still 
 be convicted. Thus, in a provincial town a short time ago, 
 a girl of nineteen who had for some time been suffering 
 from illness and fits consulted a quack doctor as to her 
 condition. He examined her, said it was only " nature's 
 string that wanted breaking," and proceeded to have carnal 
 connection with her, the girl believing that he was treating 
 her medically, and that the result of the operation would 
 be to restore her to health. It was held that these circum- 
 Reg. V. stances justified a conviction for rape. And, in spite of 
 
 Flctttcvii • • • • 
 
 2 Q. B. D. previous decisions to the effect that it is no rape, if the 
 question should ever arise again whether a man who has 
 connection with a woman by passing himself off as her 
 husband commits a rape on her, it will be a very interest- 
 ing one. So, it would be rape to take advantage of a girl
 
 OFFENCES AGAINST THE PERSON. 45 
 
 being asleep or stupefied with drink to have connection Rape, 
 with her. Nor would it be any defence in such a case that ^'''/- ^'• 
 
 ) mnifj, 
 
 the prisoner believed that if the woman had been awake 38 L.T. 
 or sober she would have readily consented to the inter- 
 course. But it does not follow necessarily from the fact of 
 a girl being an idiot or of weak mind that she cannot 
 consent to carnal connection ; for such a woman, in spite 
 of her imbecility, may have strong animal passions. Rey. v. 
 
 It used formerly to be incumbent on the prosecution in a l. r. i ' 
 rape case to prove emission; and frequent miscarriages of^ ^' ^" 
 justice took place in consequence. But evidence of 'pene- ^^y- ^• 
 
 ,■ c ^ c \ T 1 • Barrutt, 
 
 tration oi the temale organ, no matter how slight, is now l. R. 2 
 sufficient. Supposing, however, that even penetration can- " " " 
 not be proved, the jury may find the prisoner guilty of 
 an attempt ; and after an acquittal for rape the prisoner 
 may be indicted for a common assault. 
 
 A boy under fourteen cannot be convicted of this crime. 
 He is presumed to be physically incapable of committing 
 it, and no evidence of premature development can be given 
 to rebut the presumption. Nor can a husband be con- 
 victed of a rape on his wife. But boys and husbands, if 
 aiding and abetting others, can be convicted as principals 
 in the second degree. 
 
 It has been remarked of rape and crimes of a similar 
 nature that such charges are easy to make and hard to dis- 
 prove. The following wise observations of Sir Matthew Hale 
 may be usefully quoted on this branch of the subject : — 
 
 " The party ravished may give evidence ujDon oath, and 
 is in law a competent witness ; but the credibility of the 
 testimony, and how far she is to be believed, must be left 
 to the jury, and is more or less credible according to the 
 circumstances of fact that concur in her testimony. 
 
 " For instance, if the witness be of good fame, if she
 
 4G OFFENCES AGAINST THE PERSON. 
 
 Eape. presently discovered the offence, made pursuit after the 
 offender, showed circumstances and signs of the injury 
 whereof many are of tliat nature that only women are the 
 most proper examiners and inspectors, if the place wherein 
 the fact was done was remote from people, inhabitants, or 
 passengers, if the offender fled for it ; these and the like 
 are concurring evidences to give greater probability to her 
 testimony when proved by others as well as herself. 
 
 " But, on the other side, if she concealed the injury for 
 any considerable time after she had opportunity to com- 
 plain, if the place where the fact was supposed to be com- 
 mitted were near to inhabitants, or common recourse, or 
 passage of passengers, and she made no outcry when the 
 fact was supposed to be done, when and where it is probable 
 she might be heard by others ; these and the like circum- 
 stances carry a strong presumption that her testimony is 
 
 Hale p. C false or feigned." 
 
 i. 633. ^ . , ° , . •, ■, , • . 
 
 HiVidence may be given to show tliat the prosecutrix is 
 
 of generally immoral character, and she may be asked 
 
 whether she has had connection with men named to her. 
 
 But the prisoner is bound by her answer on that point, 
 
 I^^a- V. and is not allowed to call the men to contradict her (a). It 
 
 Holmes, 1 • 1 1 • 
 
 L. K 1 seems, however, that if she denies having had connection 
 with the prisoner himself on other occasions she may be con- 
 tradicted. Of course, the whole extent that evidence of this 
 kind goes to is to throw doubt on her story, a prostitute 
 having as much right to discriminate in her favours and to 
 be protected against lustful violence as any other woman. 
 One of the chief witnesses for the prosecution in a rape 
 
 (a) The men, however, may be called to say that from their know- 
 ledge of the prosecutrix they think that she cannot be believed even on her 
 oath ; so that (as cross-examination would elicit their reasons for thinking 
 so) the defence can gain their object in anotlier way.
 
 OFFENCES AGAINST THE PERSON. 47 
 
 case is the person to whom the prosecutrix complained. Rape, 
 
 This witness may be asked, " Did she make a complaint to ^^^^ ^^^^J' 
 
 you ?" but cannot be allowed to state the particulars of the v. Wood, 
 
 14 C C C 
 complaint. It is probable, however, that the witness may 
 
 say whether she mentioned any name. 
 
 Carnal Knowledge of Young Girls. 
 
 Carnal knowledge of girls under twelve. [Felony: 
 max. pun. P. S. for life ; not triable at Q. S.] — The evidence 
 necessary to support a conviction for this offence is the 
 same as that required upon a charge of rape, except that 
 it is quite immaterial whether the act was done with or 
 without the child's consent. 
 
 Carnal knowledge of girls between twelve and thirteen. 
 [Misdemeanour: max. pun. two years' imp. ; triable at Q. S.] 
 — Here, again, the question of consent or non-consent does 
 not arise, although it may be observed that the statute con- 
 stituting this crime is so loosely drawn (the objectionable 
 words are " whether with or without her consent") as to leave See, how- 
 a doubt whether it is possible to commit a rai^e upon a girl v. Dkl-en, 
 between twelve and thirteen ; and an indictment for carnal ' ^ 
 knowledge would not, as in the other case, satisfy the inte- 
 rests of justice, since penal servitude cannot be inflicted. 
 
 Upon an indictment for either of these offences the 
 prisoner ma}'' be convicted of an attempt to commit the 
 felony or misdemeanour charged ; or (in the latter case) of ^^o- v. 
 
 . . CatheraU, 
 
 a common assault, if the facts proved warrant such verdict, 13 Cox, 
 
 c c 
 
 and if an assault was charged in the indictment. But on 
 
 an indictment for the misdemeanour he cannot be con- 
 victed if the girl be proved to be under twelve years of age. 
 Consent is no defence, it has been recentl}'- provided, to 
 an indecent assault on a child under thirteen (a). 
 
 (a) 43 & 44 Vict. c. 45, passed in consequence of the case of licff. v.
 
 48 OFFENCES AGAINST THE PERSON. 
 
 Indecent Assmdis. 
 
 Indecent assault on a female. [Misdemeanour: max. 
 
 pun. two years' imp. ; triable at Q. S.] — Women as well as 
 
 men can be convicted of this crime. Consent, unless 
 
 obtained by fraud, as by the prisoner passing himself off 
 
 ^'''J- y; ^ as the prosecutrix's husband, is a defence. But mere sub- 
 
 Lock, L. R. ^ ^ 
 
 2 c. C. R. mission is not consent. If the prosecutrix, from her inexpe- 
 rience or otherwise, was ignorant of the nature of what was 
 being done to her, she cannot be said to have consented. 
 But if she understands the wrongfulness of it, the law 
 requires that she shall resist at once, and to the uttermost, 
 and to talk of submission in that case is nonsense. " Every 
 
 9 C. &. P. consent," said Coleridge, J., in Reg. v. Day, " involves a 
 submission ; but it by no means follows that a mere sub- 
 mission involves consent. It would be too much to say 
 that an adult submitting quietly to an outrage of this 
 description was not consenting ; on the other hand, the 
 mere submission of a child when in the power of a strong 
 man, and most probably acted upon by fear, can by no 
 means be taken to be such a consent as will justify the 
 prisoner in point of law." It will thus appear that the 
 distinction between consent and submission can have only 
 a very limited application, and is not to be snapped at by 
 . magistrates and judges as an opportunity for punishing 
 mere immorality. 
 
 Indecent assault on a male. [Misdemeanour : max. pun. 
 ten years' P. S. ; triable at Q. S.] — The evidence is here, 
 mutatis mutandis, just as in the last case. 
 
 Roadlcy, 42 L. T. N. S. The important words are : " It shall be no defence 
 to a charge or indictment for an indecent assault on a young person under 
 the age of thirteen, to prove that he or she consented to the act of 
 indecency."
 
 PART III. 
 OFFENCES AGAINST PROPERTY.
 
 I 
 
 <s^
 
 OFFEJNCES AfxAlNST PROPERTY. 
 
 Lai'ceny. 
 
 [Felony : Max. Pun. (on first offeure) Five Years' P. S. ; triable at Q. S.] 
 
 Larceny is the felonious cariying off the goods of another 
 with intent to deprive him of them. 
 
 In olden times many things were incapable of forming 
 the subject of larceny, e. g., growing vegetables, choses in 
 action, domestic animals, &c. Various enactments have, 
 however, from time to time modified these ancient rules ; 
 but there still remain a few things which cannot be stolen ; 
 for instance, living wild rabbits, corpses, running water See Reg. v. 
 (unless in pipes or reservoirs), or such a chose in action as c. c.'c. 
 an unstamped building agreement. 
 
 It is essential that the carrying off should be without 
 any colour of right to excuse it. Thus, if a man gleans 
 corn under a mistaken belief that he has a legal right to 
 do so, he does not commit larceny. 
 
 Again, it would be a good defence to show that there 
 was no intent to deprive the owner wholly of his property 
 in the thing taken, the object being merely to employ it 
 for a temporary purpose, however improper such pinpose 
 might be. To take another person's goods with the inten- 
 tion of pawning them, and after a week or two redeeming 
 and restoring to the owner, is not larceny ; though, of 
 course, in such a case the prisoner would have a certain 
 amount of difficulty in persuading the jury of his innocent 
 
 e2
 
 52 
 
 OFFENCES AGAINST PROPERTY. 
 
 Larceny. 
 
 Reg. V. 
 
 Dickinson, 
 E. &R. 
 
 Preston's 
 Case, 2 
 Den. 
 
 Jiey. V. 
 
 Biley, 
 
 Dears. 
 
 intentions. So, if a man clandestinely takes a girl's bonnet 
 and petticoat away from her house to a hay-field, merely 
 for the purpose of inducing her to come after them, and so 
 give him an opportunity of having sexual intercourse with 
 her, he ought not to be convicted of larceny. 
 
 Further, the animus furandi (the intention to steal) 
 must exist at the time of taking. If at the time of taking 
 the defendant's animus was not felonious, its subsequently 
 becoming so will not generally justify a conviction. The 
 duty of the finder of a chattel, for instance, is to ascertain, 
 if possible, and restore to the owner, and if he keeps it, 
 though he knows who the owner is, he is guilty of larceny. 
 But supposing that at the time of finding he intends to 
 give it up to the owner, his afterwards altering his mind 
 and deciding to keep it will not make him guilty of 
 larceny. In such a case as this, however, the practical 
 value of the finder's original good intentions will, as has 
 just been remarked, depend on the credulity of his jury. 
 
 But where the taking was in its inception wrongful and 
 amounted to a trespass, a subsequent fraudulent appropria- 
 tion will constitute the crime of larceny, notwithstanding 
 the fact that there was no anhnus fur audi originally ; as, 
 for example, where a man takes somebody else's umbrella 
 home from the club by mistake, and afterwards, though 
 knowing the owner, converts it to his own use ; or where 
 the prisoner by mistake drove away with his flock of sheep 
 one of the prosecutor's lambs, and on finding out that he 
 had the lamb immediately sold it as his own. Moreover, 
 when any person in the position of a servant fraudulently 
 appropriates goods placed in his custody (the butler, the 
 spoons, for instance), he can be convicted of larceny, 
 because the goods confided to him remain constructively 
 in the possession of their owner ; all that the servant has
 
 OFFENCES AGAINST PROrERTY. W.S 
 
 is the bare custody. And it is now provided by statute Larceny, 
 that theft may be committed by a bailee by conversion of 
 the goods entrusted to him, " although he shall not break 
 bulk, or otherwise determine the bailment." 
 
 There must also be a sufficient carrying aiuay, or, as it 
 is called in law, an aspoiiavit. But the bare removal of 
 a thing from its proper place to however short a distance 
 is generally an asimrtavit. If, for instance, a man, intending 
 to steal a cask of wine out of a cart, were to move it from 
 the head to the tail of the cart, there would be a sufficient 
 carrying away. So, it was held, too, in a case where a 
 pickpocket drew a book partly outside the prosecutor's 
 pocket, but, being alarmed, let it drop back again. Merely 
 setting a package on end, however, has been held not to 
 be an asportavit. And if the thing alleged to have been 
 stolen was so fixed to the place from which the prisoner 
 tried to take it, that, though it could be moved a little Avay, 
 it could not be altogether separated and abstracted, there 
 would be no asportavit ; for instance, where the goods 
 which the prisoner tried to steal were fastened by a string 
 to the counter. But in cases where an asportavit cannot 
 be proved, if the facts warrant such a verdict, the prisoner ^^ 
 
 may generally be convicted of an attempt. It will be 
 necessary, however, for the prosecution to show that, but 
 for the interruption, the felony could have been com- 
 mitted ; so that there can be no attempt to steal from an 
 empty pocket. 
 
 It is important, too, to observe that the goods must 
 come into the possession of the thief invito domino ; for 
 if the owner pass the property, although induced to do so 
 by the fraud of the thief, there can be no conviction for 
 larceny. Thus, there is no larceny in the case where the 
 prisoner has fraudulently obtained goods on credit, and
 
 54 OFFENCES AGAINST PROPERTY. 
 
 Larceny, made off without paying the bill. And the .same thing 
 was held where the prosecutor was induced by a precon- 
 certed trick to pay over some money to the prisoners, a 
 gang of sharpers, under the impression that it had been 
 R(g-y. fairly won. But it is very different where the owner 
 2 Leach. ' merely transfers to the thief jwssesslon of the goods on 
 the strength of some false pretence made to him by the 
 thief. Indeed, a recent decision seems to teach that a man 
 commits theft who accepts property handed over to him 
 under a mistake of which he is at the time aware, and of 
 which he fraudulently takes advantage ; as, for instance, 
 when a cabman knowingly receives a sovereign which is 
 given him by his fare as a shilling. In the well-known 
 case referred to, the prisoner had standing to his credit in 
 a post-office savings bank the sum of lis. Desiring to 
 withdraw 10s., he went to the post-office and handed to 
 the clerk the documents justifying the payment of that 
 sum. Unfortunately the clerk referred to the wrong 
 papers, and instead of placing 10s. on the counter, put 
 down more than £8, which the prisoner, with guilty know- 
 ledge and intention, took up and walked away with. 
 Fifteen judges gave their opinions on the question 
 whether or not the prisoner was legally guilty of larceny, 
 eleven being for the conviction and four against it. The 
 four who considered that the prisoner was not guilty of 
 larceny said that the clerk, having a general authority to 
 part with the property in the money, had intended to part 
 with it, and that his labouring under a mistake in the matter 
 made no difference. Most of the others, however, held that, 
 even assuming the clerk's authority to part with the property 
 
 (a very doubtful question), a mere delivery by a mistake 
 Reg. V. . ' . 
 
 Middleton, wliich the prisoner took advantage of was not sufficient. 
 
 T T> O 
 
 C C R. The goods stolen must belong to another. But a man
 
 OFFENCES AGAINST PROPERTY. 55 
 
 may sometimes be convicted of stealing his own goods Larceny, 
 from a bailee, and a special Act of Parliament provides for 
 the case of joint owners stealing common property. A 
 wife cannot be convicted of stealing her husband's goods ; 
 and even if another person assists her in such clandestine 
 dealing with her husband's goods, he cannot be convicted 
 either, unless he is her paratnour (a), and the goods are other 
 than her wearing apparel. And this person cannot be 
 convicted merely on evidence of the goods being in his 
 house ; they must, at least, be traced to his personal And see 
 possession. So clear is the principle that a wife cannot x^^J' 13 
 steal her husband's goods that it has been held that the ^- ^- ^• 
 wife of a member of a friendly society cannot be con- 
 victed of stealing the society's money deposited in a box in 
 her husband's keeping, which box is kept locked by the 
 society's stewards, of whom he is not one (b). Reg. v. 
 
 It may be remarked that, except in certain statutory Moo. c. C. 
 larcenies {e.g., stealing trees), the prosecution need not 
 prove that the thing stolen was of any particular value. See Rcfj. v. 
 
 Some cases of larceny are by statute punishable with 13 c-ox*' 
 exceptional severity, such as stealing testamentary instru- ^- ^• 
 ments, post-letters, horses, or goods in process of manufac- 
 ture. So, too, larcenies committed in dwelling-houses, or 
 by persons in positions of trust, are considered graver 
 crimes than ordinary larcenies. 
 
 In an indictment for larceny it is lawful to charge three 
 distinct acts of stealing committed by the prisoner against 
 the same person within the space of six calendar months 
 from the first to the last of such acts. 
 
 On an indictment for larceny the prisoner may be con- 
 victed of embezzlement, but not of false pretences. 
 
 {a) The legal designation of the male adnlterer in STichacase is "avowterer." 
 (h) This case was decided before the passing of the Act of Parliament 
 above referred to.
 
 5G OFFENCES AGAINST PROPERTY. 
 
 Receiving. 
 
 Receiving goods obtained by a felony [Felony : max. pun. 
 fourteen years' P. S. ; triable at Q. S.] — Three things must 
 be proved against the prisoner, viz. — 
 (1.) The previous felony ; 
 (2.) The receipt ; and 
 (3.) The giiilty knowledge. 
 To prove the previous felony the thief himself is a 
 competent witness, but his evidence must be confirmed, or 
 the Court will direct an acquittal. A confession of his is 
 not evidence against the receiver unless the latter was 
 present when it was made and assented to it. 
 
 As to the receipt, it is sufficient that the prisoner had 
 the control, entire or joint, over the goods, and it is not 
 necessary to show that he ever actually touched them. 
 But the mere intention or wish to receive, however guilty, 
 will not be enough. Thus, if some persons steal goods, 
 and try to sell them to a man who knows how they were 
 obtained, and while they are disputing about the price 
 the police appear on the scene and stop the bargaining, 
 the intending buyer cannot be convicted of receiving, 
 although the negotiations took place on his premises and 
 jlfg_ V. by his desire. In cases where a wife in her husband's 
 ^^'^'V' 2 absence has received ffoods knowing them to have been 
 
 Den. ° ° 
 
 stolen, the husband does not become a receiver merely by 
 adopting her receipt to the extent of passive acquiescence. 
 But he can be convicted if, with full knowledge of the 
 circumstances under which the goods are in his wife's pos- 
 session, he does some distinct act confirming her receipt, 
 such as paying the balance of the money to the thief 
 The guilhj hioiuledge is generally the great difficulty of
 
 OFFENCES AGAINST PROPERTY. o? 
 
 a " receiving " case. It may be shown to have existed not Eeceiving. 
 only by the testimony of the thief himself, but by such 
 circumstances as that the prisoner bought the goods very 
 nuich below their value, or that he denied having them in 
 his possession. There is, too, a rule, not so much of law as 
 of common sense, called the doctrine of recent possession, 
 to the effect that when a person is found in possession of 
 stolen goods shortly after they have been stolen, and can 
 give no reasonable account of how he got them, he is pre- 
 sumed to have got them dishonestly. No exception can 
 be taken to the doctrine itself, but juries are perhaps 
 somewhat hasty in rejecting, as they generally do, the 
 prisoner's hackneyed explanation that he bought the goods 
 innocently from a person he liad never seen before, and 
 has never seen since. Such defences must be occasionally 
 true, though generally false ; for a thief would naturally 
 prefer to sell to a stranger rather than to one who knew 
 him By way of further proving the prisoner's guilty 
 knowledge, the prosecution are empowered by a recent 
 statute to give evidence of other property stolen within 
 the preceding twelve months having been found in his 
 possession. So, too, if a foundation has been laid for it 
 by the stolen property having been found in the prisoner's 
 possession, it may be proved that he has been within the 
 last five years convicted of some offence involving fraud 
 or dishonesty. But it is necessary to give the prisoner 
 seven days' notice of such previous conviction being in- 
 tended to be proved. There seems no reason why this 
 evidence should not be allowed to be given in every 
 larceny case where there is a count for receiving (a). 
 
 (a) Tt is a vulgar error (propagated as irmch as possible by the inferior 
 class of defending counsel) to suppose that evidence of a prisoner's former 
 evil doings can never be given against him. See pages 22, 63, and 69.
 
 58 OFFENCES AGAINST PROPERTY. 
 
 Receiving. Eeceivers may bo indicted either as accessories after the 
 fact, or for a substantive felony. 
 
 Receiving goods obtained by a misdemeanour [Misde- 
 meanour: max. pun. seven years' P. S.; triable atQ. S.] — The 
 points to be proved by the prosecution are, of course, mu- 
 tatis mutandis, much the same as where the previous 
 crime is a felony. The misdemeanour by which the goods 
 have been obtained is generally false pretences. 
 
 Euibezzlcinent. 
 
 [Felony : Max. Pun. Fourteen Years' P. S. ; triable at Q. S.] 
 
 Embezzlement is the crime committed by the clerk or 
 servant who receives moneys or goods for his master and 
 feloniously appropriates them himself. The distinction 
 between this offence and larceny by a servant, though 
 often the occasion of practical difficulty, is theoretically 
 simple, and may be best shown by an illustration. If a 
 shopman were to place money received from one of his 
 master's customers in the till, and then were feloniously to 
 take it out again, his crime would be larceny. But sup- 
 posing he did not place it in the till at all, but appro- 
 priated it directly the customer paid it, he would be guilty 
 of embezzlement. Cases just on the line dividing the one 
 offence from the other liavc been specially provided for by 
 an Act of Parliament which allows a person indicted for 
 embezzlement to be convicted of larceny, and vice versa. 
 
 The prosecution must prove three things in an embezzle- 
 ment case : — 
 
 (1.) That the prisoner was a clerk or servant ;
 
 OFFENCES AGAINST PROPERTY. ."iO 
 
 (2.) That lie received tlic money or goods for liis Embezzie- 
 1 ment. 
 
 master; and 
 
 (3.) That he feloniously appropriated it. 
 
 It is for the jury, subject to the ruling of the Court on 
 
 the subject, to say whether or not the prisoner was " clerk 
 
 or servant." Generally speaking, any person who gives 
 
 a portion of his time and attention to the business of 
 
 another, and for that tiine and in the transaction of that 
 
 business is under the control of that other, is sufficiently Rerf. v. 
 
 clerk or servant. The mere fact that a person is paid by {'^"^ ^ 
 
 commission and not bv salary does not prevent his being ^- p- ^^• 
 
 clerk or servant; and even a single employment (such siS,Jieg.v. 
 
 . Negus, 
 to drive a cow from the seller to the buyer, and bring l. R. 2 
 
 ri /-i T> 
 
 back the money) is sufficient to constitute the relation. " * ' 
 On the whole, it may be said that Courts of justice are 
 very properly inclined to look with suspicion and disfavour 
 on so technical a defence as that the prisoner was not 
 clerk or servant, and that in the future it will be even less 
 successful than in the past. 
 
 It is necessary to the completion of the crime that the 
 property taken by the clerk or servant should belong to 
 his master. A bargeman was once ordered by his master 
 not to take a cargo on part of a voyage. In spite of the 
 prohibition he did so, and appropriated the freight, deny- 
 ing to his master that he had carried any cargo at all. It 
 was held that an indictment could not be sustained, on the 
 ground that " a servant cannot be guilty of cmbezzhng 
 money which he has earned by an unauthorized and 
 Avrongful use of his master's implements of trade from a 
 person Avho contracted with the servant only, and knew 
 nothing of the master in the ti-ansaction." But if the jfei/. v. 
 property taken belonged to the master, it is no defence i,''i{'"2 
 that the prisoner received it in an irregular way. It is ^- *-'• ^'
 
 G OFFENCES A GA INS T PROPER T V. 
 
 Embezzle- not HOW necessary that the prisoner should have received 
 the money "by virtue of his employment." The crime of 
 embezzlement is not committed by the servant who appro- 
 priates money entrusted to him by his master for the pur- 
 pose of paying a third person. 
 
 The prisoner's felonious appropriation of his master's 
 money is proved by such circumstances as his not account- 
 ing, his denying the receipt, or his absconding. But 
 if, instead of denying the receipt, fcc, he sets up 
 a claim of right (no matter how frivolous) to retain the 
 money, e.g., for visages in arrear, he ought not to be 
 convicted. 
 
 An indictment for embezzlement may charge three 
 distinct acts of embezzlement against the same master, if 
 
 See Reg. v. they have all been committed within the same period of 
 
 Balls, ■ ,1 
 
 L K,. 1 SIX months. 
 
 C. c. R. other kinds of embezzlement. — Though (at least as far as 
 detection and punishment are concerned) the embezzlement 
 by clerks or servants is the commonest form of the crime, 
 and entitled to be called simply embezzlement ; there are 
 one or two other kinds of embezzlement which demand a 
 word of notice. Thus, if a banker, merchant, broker, 
 attorney, or other agent is entrusted with property for a 
 special purpose and converts it wrongfully, he is guilty of a 
 misdemeanour punishable with seven years' penal servi- 
 tude. Crimes of a similar degree are committed by officers 
 of public companies who falsify their books, or make false 
 statements with a view to entrapping unwary investors. 
 By an Act of Parliament passed about five years ago (38 
 & 39 Vict. c. 24), it is a misdemeanour punishable with 
 seven years' penal servitude for a clerk, officer, or servant 
 to fraudulently falsify or tamper with his employer's books 
 or papers.
 
 OFFJCNCES AuAINSr P ROl' l-.RTV. «;! 
 
 False Pretences. 
 
 [Misdemeanour : Max. Pun. I'lve Years' P. S. ; trialfle at Q. S.] 
 
 Thi.s statutory misdemeanour consists of" fraudulently 
 obtaining the money or goods of another by means of a 
 false pretence as to some existing fact. It difi'crs jirinci- 
 pally from larceny in the point that the owner intends to Rerj. v. 
 part iv'ith the 'propertij in the money or goods obtained j^' ^"'2' 
 from him, though such intention is induced by fraud. It ^- ^- ^^• 
 has been held that the words of the statute defining tliis 
 crime do not include any chattel which is not the subject 
 of larceny at common law, e.g., a dog, or a field of growing 
 potatoes. 
 
 As to the nature of the pretence employed, it must be 
 the representation of that as an existing fact whicli is not 
 an existing fact ; and it must, of course, be false to the 
 knowledge of the person making use of it. Thus, lies in 
 a begging letter as to the antecedents and circumstances 
 of the writer amount to a false pretence. But mere 
 exaggeration as to the quality of an article sold, not 
 amounting to the misrepresentation of a definite fact, 
 would not suffice to support an indictment for false pre- 
 tences. Thus, it was held that a person who had obtained 
 advances from a pawnbroker on some spoons by saying, 
 untruly, tliat they were equal to " Elkington's A" spoons, 
 ous'ht not to have been convicted. It was mere " indefinite „ 
 praise upon a matter of indefinite opinion." And as the Bnian, 
 pretence must be of some existing fact, a representation as b.; but'.see 
 to the future will not be sufficient. A man, for instance, ^^^■^' 
 
 cannot be convicted of obtaining money by false pretences L. R. l^ 
 
 111 C C. K. ; 
 
 for having got the money by saymg, untruly, that he was and /ieff. v, 
 
 going to pay his rent. But a promise as to future conduct cMrb.
 
 G2 OFFENCES AGAINST PROPERTY. 
 
 False may imply the false pretence that the person promising 
 has the power to do what he undertakes, and then he may 
 be indicted ; and so he could be if he had made two false 
 representations, one as to his future conduct and the other 
 as to an existing fact, and the prosecutor had relied partly 
 Reg. \. Fry, on the one and partly on the other. Though the pretence 
 
 Dears. & ..„.,, , . 
 
 B. must be as to an existmg lact, it need not be matle m 
 
 actual words. If a person in a university town fraudulently 
 assiunes academic costume and gets goods by making the 
 tradesman think he is an undergraduate, he can be indicted. 
 So, it is a false pretence for a man fraudulently to give a 
 
 J^ffj- V. cheque on a bank where he has no account whatever. In 
 
 llazelton, i i t • i > 
 
 L. R. 2 one well-known case a man liad obtained a woman s 
 ■ ■ promise to marry him. She, however, altered her mind, 
 
 and, in consequence of his threatening her with an action 
 for breach of promise, paid money to him. It then turned 
 out that he had all along been a married man, and there- 
 fore could not have maintained any such action as he had 
 threatened. It was held that he had impliedly pretended 
 that he was unmarried, and could be convicted of this 
 
 Ri(j. V. crime. 
 
 C/&M.' It is necessary that the money or goods should have 
 
 And see |3Qgj^ obtained by means of the operation of the false pre- 
 
 Coo^cr, 13 tence on the mind of the prosecutor. Thus, if the prose- 
 c. c. c. . ... 
 
 cutor knows that the representation made to him is 
 
 untrue, and yet, with the object of entrapping him, allows 
 
 the prisoner to have the money or goods, there can be no 
 
 Beg. V. conviction. Moreover, the obtaining the money or goods 
 
 B. ' ' must not be too remotely the result of the false pretence. 
 
 But even where the prosecutor is perfectly aware of the 
 
 falsity of the pretence, the prisoner may be convicted of 
 
 the attempt to obtain. 
 
 The prisoner must be shown to have had an intent to
 
 OFFENCES AGAINST PROPERTY. <;:i 
 
 dctraud, tliouoh nut necessarily to defraud any particular False 
 
 person. But it is not any defence that at the time when 
 
 he obtained the goods he intended to pay their price when 
 
 he sliould be able to. Evidence may be given that the li<';i- v. 
 
 Naylor, 
 
 prisoner has on former occasions obtanied, or attempted to l. "r. i 
 
 . . {' C Tt 
 
 obtain, money or goods by similar f\xlse pretences. ' ' 
 
 If on an indictment for false pretences the evidence Francis, 
 
 T T> 2 
 
 shows that what the prisoner is really guilty of is larceny, c.' c. R, 
 he can be convicted all the same. And, as the converse 
 does not hold good, when it is doubtful how the evidence 
 will turn out, it is safer to indict for the misdemeanour. 
 
 Robbery. 
 
 The mere clandestine removal of property from the 
 person of the owner may amount to "stealing from the 
 person," but the taking cannot be " robbery " unless it is 
 accompanied with violence, or effected by putting the 
 prosecutor in fear of some injury. The robbery must, 
 of course, be animo furandi, and if the jury negative 
 the felonious intent, the prisoner cannot be convicted of a 
 common assault. It is not necessary that the goods should 
 be actually taken from the person of the prosecutor ; it is 
 enough if they are in his personal custody, and are taken 
 in his presence. 
 
 The offence is not complete unless the goods are taken 
 into the possession of the robber for some period, however 
 short ; so that when a man, having his purse fastened to 
 his girdle, is attacked by a thief, and the thief cuts the 
 girdle, whereby the purse falls upon the ground, this is no 
 taking of the purse. 
 
 In one case, the prisoner snatched at a diamond ear- r. v.
 
 Ot OFFENCES AGAINST PROPERTY. 
 
 Robbery, ring which the prosecutrix was wearing as she came out 
 
 Lapier 2 ^f ^|-jg opcra-house : he tore it from her ear and it fell into 
 East, P. C. ^ 
 
 her hair, where it was found upon her return home. The 
 
 judges held that as the ear-ring had been in the prisoner's 
 
 possession, though but for an instant, it was sufficient to 
 
 constitute robbery. With regard to the degree of violence 
 
 necessary, the mere snatching of anything from the person 
 
 is not enough, unless there be some injury done, or uidess 
 
 there has been previous struggling for the possession of the 
 
 property. In the case of the ear-ring, just referred to, the 
 
 offence was held to be robbery, because an injury was 
 
 inflicted upon the ear of the prosecutrix. Moreover, it 
 
 must be shown that the force was employed with the 
 
 intent to accomplish the robbery. Where the prisoner, in 
 
 attempting to cut the string by which a basket was 
 
 fastened, accidentally wounded the prosecutrix, who had 
 
 stretched out her hand to lay hold of the basket, it was held 
 
 that, the violence being unintentional, the case did not 
 
 amount to robbery. 
 
 Where it is sought to raise the offence from simple 
 larceny to that of robbery, by proof that the prosecutor 
 was put in fear of injury to his person, his property, or his 
 reputation, it is not necessary to prove that menaces or 
 threats wei-e actually made use of; thus, under pretence 
 of begging, the prisoner may put the prosecutor in fear. 
 It must, however, appear that the offence was committed 
 whilst the prosecutor was under the influence of the fear ; 
 for menaces or threats used after the property was taken 
 do not suffice to make it a robbery. 
 
 The crime is in all cases punishable with fourteen years' 
 penal servitude ; and if the robbery is committed by more 
 than one person, or by one person only, if armed ; or, if it 
 is accompanied by actual personal violence, the offender
 
 OFFENCES AGAINST PROPERTY. 65 
 
 renders liimself liable to penal servitude lor life, and the Hobbery. 
 additional punishment of whipping. [Such offence is not 
 triable at Q. S.] 
 
 Upon an indictment for robbery with violence, the 
 prisoner may, it appears, be convicted of simple robbery, 
 or of an assault with intent to rob, if the evidence warrants 
 such verdict. 
 
 An assault with intent to rob is itself a felony, and is 
 punishable with penal servitude for five years. 
 
 Extortion by threats. — This offence consists in sending 
 a letter demanding, with menaces, and without any reason- 
 able and probable claim, something of value, or in threaten- 
 ing to accuse a person of a serious crime with a view to 
 extort money. It is punishable with penal servitude for 
 life as a maximum punishment. 
 
 In such cases, it is immaterial whether the prosecutor 
 be innocent or guilty of the offence imputed to him, pro- 
 vided the prisoner intended to extort money by the accu- 
 sation. Evidence on this point Avill not, therefore, be 
 admitted, though it seems that the prosecutor's credit may 
 be tested by asking him in cross-examination questions 
 suggesting his guilt. 
 
 The threat need not be aimed against the person to 
 whom the demand is made. In one case the prisoner had 
 told the prosecutor that if he would not buy a certain mare 
 at a specified price much above its value, lie would accuse 
 his son, a young farm boy, of having committed an 
 abominable crime on the animal. R^g- v. 
 
 1-11 1 (1 • 1 Redman, 
 
 For threats to murder, &c., without any intent to extort, L. R. i 
 see p. II. Q.^.-R.
 
 fiO OFFENCES AGAINST PROPERTY. 
 
 Burglary. 
 
 [Felony : Max. Pun. P. S. for life ; not triable at Q. S.] 
 
 Burglary is the hreaking into a dwelling-house between 
 9 p.m. and 6 a.m. with intent to commit a felony, or the 
 hreaking out after having committed one inside, or after 
 having gone in with the intention of committing one. 
 
 There must be a hreaking. The prisoner has " broken," 
 not only if he effected his entrance by violence, but also if 
 he got in by pushing up a closed but unfastened window, 
 or if he came down the chimney. But he has not broken 
 if he entered by a hole in the roof, or through an 
 -' open window, even though he had to raise it a little to 
 
 squeeze through. The distinction here between the 
 chimney and the hole in the roof is that the chimney is a 
 necessary opening, while the hole ought not to be there, 
 and the householder must take the consequences of his 
 imprudence. Even if the prisoner has gained admission 
 into the house without breaking — by the front door being 
 left wide open, for instance — yet his breaking open inner 
 doors will be sufficient. It is a doubtful point, however, 
 whether it would be sufficient to show that he broke open 
 the door of a cupboard attached to the freehold. Breaking 
 open moveable chests would certainly not be enough. The 
 breaking may be constructive, as, for instance, where the 
 prisoners obtain admission by knocking at the door, as if 
 their intentions were honest. So, if a servant lets a thief 
 into the house at night, both of them are guilty of burglary. 
 There is a constructive breaking, too, where the owner of 
 the house himself opens the door to the thieves in conse- 
 quence of their threats, or in order the better to repel tliem.
 
 OFFENCES AGAINST PROPERTY. G7 
 
 There must bo an entry. But it need not be on tlie Burglary, 
 same night as the breaking. The law will be satisfied that 
 an entry has been effected if any part of tlie prisoner's 
 person, even his little finger, was inside the dwelling-house. 
 Indeed, even if no part of his person was inside, but only 
 an instrument he held in his hand, there was an entry, if 
 the instrument was being used for any other purpose than 
 the mere getting in. And so his firing a bullet inside 
 would bo an entry. 
 
 The premises broken and entered must be a dwelling- 
 house. By " dwelling-house " is meant any building which 
 is an habitual residence, provided that it is of a permanent 
 character, and not a mere tent or booth. Even if the 
 person who usually resides there is temporarily absent, and 
 nobody is sleeping there at all, it is still a dwelling-house. 
 Buildings attached to a dwelling-house can only be entered 
 burglariously if they are connected by a closed internal 
 communication. Chambers in a college or an Inn of 
 Court are "dwelling-houses" for this purpose. 
 
 Housebreaking. — [Felony : max. pun. seven years' P. S. ; 
 triable at Q. S.] This criine differs from burglary in 
 two important respects. It is not material between 
 what hours it is committed ; and, secondly, it is not 
 confined to dwelling-houses, but extends to out-houses, 
 shops, school-houses, &c. In other respects the evidence 
 required is much the same as when the crime charged is 
 burglary. It should be added that, though house-breaking 
 with intent to commnit a felony is only punishable with 
 seven years' penal servitude, if the felony is actually coin- 
 rn^itted, the prisoner can get fourteen. 
 
 Sacrilege. — The breaking into a place of divine worship 
 and committing a felony therein, or the breaking out after 
 committing one, are felonies punishable with penal servd- 
 
 F 2
 
 G8 OF f FAXES AGAINST PROPFRTY. 
 
 Burglary tude for life. If only the intent to commit the felony after 
 breaking in is proved, the maximum punishment is seven 
 years' penal servitude. It has been held that the vestry, 
 being part of the fabric, is a " place of divine service." 
 
 There are a few misdemeanours of the burglarious class 
 which are not important enough to be more than men- 
 tioned, e.(j., being found armed by night with intent to 
 break into a dwelling-house and commit a felony therein, 
 having housebreaking implements by night without lawful 
 excuse, and being disguised by night with intent to commit 
 a felon V. 
 
 Forgery. 
 
 [Not triable at Q. S.] 
 
 Statutable forgery. — This is a felony, and consists of the 
 fraudulent making or alteration of any writing or seal 
 specified by Act of Parliament. The punishment varies 
 according to the instrument forged, from penal servitude 
 for life to penal servitude for seven years. The forgery 
 must, in such cases, be sufficiently skilful to lead an ordi- 
 nary person to believe that the false document is such an 
 insti'ument as it is intended to resemble. 
 
 Common law forg^ery. — This is a misdemeanour, and con- 
 sists of forging any document not comprised amongst those 
 specified by statute, by which some persons may be injiu'ed. 
 Thus, to forge a testimonial with a view of obtaining an 
 appointment as a police constable, or to forge an order to a 
 gaoler to discharge a prisoner, would be a misdemeanour. 
 
 Any alteration in a document, however slight, if ma- 
 terial, and made with intent to defraud, will amount to 
 fbrgcr3^ It is equally forgery to apply a false signature to
 
 OFFENCES AGAINST PROPERTY. 00 
 
 a geuuine instrument or a genuine signature to a false Forgery, 
 instrument. It is immaterial whether the false signature 
 applied is that of a real or of a fictitious person. Indeed a 
 man may commit the crime of forgery by writing Ids own 
 name, as, for instance, where he happens to have the same 
 name as the person whose identity he fraudulently assumes. Hoe, how- 
 " The notion of forgery," it is said in Bacon's Abridgment, ^^ Martlii 
 "doth not so much consist in the counterfeiting of a man's ^^ tJ. ('. C. 
 hand and seal, but in the endeavouring to give an appear- 
 ance of truth to a mere deceit and falsity." It is essential. Quoted 
 however, that the forgery should be of soma docurnent ; ixnd approval 
 so it is not forgery to put a painter's name in the corner of ^nf^^' ^' 
 a picture with the object of making people think it is his L. R. l 
 work. Such a trick, however, would probably amount to ^ ^ 
 
 cheating at common law. £'""*' „ ,, 
 
 . ... Deai-s.&B. 
 
 If the forged instrument might give rise to a fraud, it i60. 
 
 would not avail the prisoner that he had intended to 
 prevent and did actually prevent any person being injured; 
 as where a man makes a false acceptance to a bill of 
 exchange, which he intends to take up and does actually 
 take up, before it is presented to the person, whose name 
 he has forged as acceptor. Again, if a general intention R- v. 
 to deiraud is shown, it is not necessary to establish an & p. 
 intention to defraud a particular person ; but, where the 
 object is simply to deceive the pubhc, without any inten- 
 tion to commit a particular fraud or to do a specific wrong 
 to any one, the mere fabrication of a false document would 
 not amount to forgery. It is usual to add a second count 
 for uttering. To prove the guilty knowledge of the 
 utterer, it may be shown that he had other forged instru- 
 ments in his possession. Evidence of a subsc(;[uent uttering, 
 too, may be given, although another ii-dictment for it 
 remains to be tried. ^- v- 
 
 Adon, 1 
 
 IlllS!?.
 
 70 OFFEAX'ES AGAINST rROPERTV 
 
 Malicious Mischief. 
 
 Arson [not triable at Q. S.]. — The crime of maliciously 
 
 .setting- fire to property is punishable with great severity, 
 
 even although there be no intention to hurt a human 
 
 being thereby. Thus, the burning of a ship of war, or of a 
 
 royal arsenal, is a felony for which the punishment is 
 
 death ; the setting fire to dwelling-houses, stacks, buildings 
 
 of every description, goods in buildings, &c., is in all cases 
 
 As to a ii'lony, and in many instances it is punishable with penal 
 
 buHdings, servitude for life as a maximum punishment. 
 
 see A'ty. v. ^i has been held, in one case, that evidence of setting 
 
 Child, _ 
 
 ] , R. 1 fire to a quantity of straw on a lory will not support an 
 
 indictment for setting fire to a stack of straw, and, in 
 
 i!f(j. V. another, that an unfinished house may be a hidlding. 
 
 i\_ ji. 2 ' Although, of course, no fire due to mere accident or to 
 c. c. K., 
 
 J „ ' nealig-ence will suffice to sustain a charge of arson, at the 
 
 and Key. v. o o o ' 
 
 Manniii'j, same time it is no defence to show that the offence was 
 C. C. E. committed without any malice against the owner of the 
 l)roperty ; for, when a man sets fire to the house of 
 another, an intent to injure is inferred from the act itself. 
 Where, however, the prisoner is charged with setting fire 
 to his own house, an intent to defraud must be established 
 by direct evidence, as, for example, by proving that he 
 had effected a policy of fire insurance upon the pre- 
 mises. In such a case, for the purpose of throwing 
 light upon the prisoner's intention, evidence would be 
 admissible to show that fires had broken out in other 
 houses previously occupied by him, and that he had made 
 
 chums uv)on the insurance companies in respect of the loss 
 i\. \. '■ 
 
 dray, i caused bv each fire. 
 F. &. F.
 
 OFFENCES AGAINST PROPERTY. 71 
 
 It has been held that a married woman is so identifietl Malicious 
 with her husband that she cannot be indicted for setting- 
 fire to his house with intent to injure him. It seems that, 
 if a man, intending to commit a felony, were accidentally 
 to set fire to another's house, he would be guilty of arson. 
 
 In order to constitute the full offence, it is not neces- 
 sary that flame should be seen, though there must, it 
 
 appears, be something more than a mere scorching. R- v. 
 
 ■^ ^ Russdl, 
 
 Malicious mischief — Apart from the offence of arson, c. & M. 
 
 there are very many ways in which malicious damage is 
 
 inflicted on property {e.g., by maiming cattle, destroying 
 
 trees, damaging works of art, &c.), and these are elaborately 
 
 dealt with in a comprehensive statute, which seems to 
 
 meet almost every conceivable case, and which assigns to 
 
 each offence an appropriate punishment. Two decisions of 
 
 the Court of Crown Cases Reserved may be mentioned. 
 
 In Req. v.- Fisher the prisoner was held to have been L. K. i 
 
 . . . c. c. R. 
 
 properly convicted of damaging a threshing machine which 
 
 he had rendered temporarily useless by plugging up the 
 feed pipe of the engine, and it was vainly contended, on 
 his behalf, that no actual damage had been done to the 
 machine. In the other case, the prisoner threw a stone at 
 some persons he had been fighting wath in a Wolver- 
 hampton street, but missed his aim, and broke a valuable 
 plate glass window. As the jury, while convicting him for 
 breaking the window, acquitted him of all malicious inten- 
 tion, the conviction was ({uashed. Reg. v. 
 
 Pemblitoii, 
 L. E. 2 
 
 a c. R. 
 
 But see 
 Reg. V. 
 Welch, 13 
 C. C. C.
 
 /- 
 
 OFFENCES AGAIA'ST PROPERTY. 
 
 Offences againsf the Bankrupt Lazvs. 
 
 [Triable at Q. S.] 
 
 With a view to the protection of those engaged in trade, 
 the Legislature has declared that many of the swindling 
 devices sometimes resorted to by persons in an insolvent 
 condition shall be punishable as crimes. The necessity 
 for thi.s legislation arose from the fact that these practices, 
 although most injurious to the interests of the public, 
 were very frequently such as failed to render the perpetra- 
 tor of the fraud amenable, at the common law, to the 
 jurisdiction of our criminal courts. 
 
 It has been enacted a felony, punishable with two years' 
 imprisonment, for any person, who has become a bankrupt 
 or liquidator by arrangement, or within four months before 
 such an event, to abscond or make preparations for ab- 
 sconding from this country with property to the amount 
 of £20 or upwards, which ought by law to be divided 
 amongst his creditors. 
 
 A bankrupt or liquidator by arrangement commits a 
 misdemeanour, rendering him liable to two years' imprison- 
 ment, if he is guilty of any of the following irregularities ; 
 imless, indeed, the jury is satisfied that he had no intention 
 to defraud : — 
 
 (1.) If he does not fully discover and deliver up to the 
 trustee administering his estate all the property, which he 
 is required by law to deliver up, together witli the books 
 and documents relating thereto ; or, if he does not to the 
 best of his knowledge explain to the trustee the circum- 
 stances under which he has disposed of any part of the 
 property.
 
 OFFENCES AGAINST PROPl'lKTY. 73 
 
 (2.) If after the baukniptcy or liquidation, or within Offences 
 
 against 
 four months of the comnioncement thereof, he fraudulently the Bank- 
 conceals or removes any part of his property to the value ^^^ ^^*' 
 of £10 or upwards ; or conceals any dc^bt due to or from 
 him ; or conceals, destroys, or is privy to the falsification 
 of any books or documents relating to his affairs ; or, 
 if, within this period of four months, he, by any false re- 
 presentation or other fraud, has obtained property on 
 credit and has not ptiid for it. 
 
 (3.) If he, being- a trader, has within the said period of 
 four months obtained, under false pretence of canying on 
 business and dealing in the ordinary way of trade, any 
 property on credit, and has not paid for it ; or, if, within 
 this period, he has pawned, pledged, or disposed of, other- 
 wise than in the ordinary way of his trade, property wdiich 
 he has obtained on credit and has not paid for. 
 
 (4.) If, knowing that a false debt has been proved against 
 
 the estate, he fails for the period of a month to inform the 
 
 trustee. Such false claim amounts, on the part oi' the 
 
 V proving creditor, to a misdemeanour punishable with one 
 
 year's imprisonment. 
 
 (5.) If he is guilty of any fraud for the purpose of 
 obtaining the consent of any of his creditors to an agree- 
 ment with reference to his affairs. 
 
 It has been recently held that an infant who had acted 
 as a trader, and had absconded with part of his property, 
 could not be convicted luider the Acts for the punishment 
 of Fraudulent Debtors. Reg. v. 
 
 It would seem, too, tliat a married woman cannot be q. b. D. 
 made a bankrupt, or be guilty of a bankruptcy mis- 
 demeanour. Expwrte 
 
 Jones, In 
 re Orissefl, 
 U Ch. D.
 
 PART IV. 
 
 rilACTICE.
 
 PRACTICE. 
 
 Grounds of Non-liability. 
 
 Infancy. — ChiUlnni under the age of seven are con- 
 clusive]}^ presumed incapable of crime, and therefore ought 
 not to be tried or even arrested. Between the ages of 
 seven and fourteen the law presumes the child to be 
 incapable of crime, but allows the presumption to be 
 rebutted by strong evidence of a mischievous discretion, on 
 the principle malitla supplet atatem. Although, therefore, 
 in such a case there are two distinct questions for the jury, 
 viz., 1st, whether the prisoner committed the crime ; and, 
 2ndly, whether he had the requisite " malitia," yet the 
 circumstances of the case itself may sufficiently prove the 
 latter point ; as, for instance, where a child of nine not 
 only killed another child, but hid away his blood and the 
 body. But a boy under fourteen (however prematurely 
 developed physically he may be) is conclusively presumed 
 to be incapable of committing the crime of rape. He may, 
 however, if he has been helping some one else, be convicted 
 as a prnncipal in the second degree. Infants between the 
 ages of fourteen and twenty-one are privileged in a few 
 cases where the offence charged is a mere non-feasance, on 
 the ground that till the latter age they have not command 
 of their purses. Moreover, as an infant under twontv-one
 
 78 PRACTICE. 
 
 Grounds of cannot trade, he cannot be convicted of a bankruptcy 
 
 liability, misdemeanour, which impUes the existence of trade 
 
 Rc9- V. creditors. 
 
 Wilson, 5 K • c ^ • • • 1 
 
 Q. B. D, Married "Women. — A wife who commits a crime in the 
 presence of her husband is in general presumed to have 
 acted under his coercion, and is excused. This proposition, 
 however, must be taken with certain Hmitations. The 
 presumption does not apply to crimes of the gravest kind, 
 such as treason, murder, or manslaughter. Nor does it 
 apply to those misdemeanours in which the law considers 
 it probable to start with that the wife was as guilty as the 
 husband. Thus, she may be convicted of keeping a brothel, 
 though her husband lived in the house and superintended 
 the establishment, for the law presumes that the wife has 
 a principal share in the management of domestic affairs. 
 The presumption of coercion applies, it seems, to all other 
 misdemeanours, and to felonies not of the most serious 
 kind. But the presumption can in all cases be rebutted 
 by showing that the woman acted voluntarily, and not out 
 of regard to her husband's wishes or commands. Counsel 
 defending, who takes the point of coercion, need not prove 
 the marriage in the strictest way, evidence of reputation, 
 if such as to satisfy the jury, being sufficient. And if the 
 woman is charged in a joint indictment as the wife of the 
 man, no kind of proof is necessary. Mere cohabitation will 
 not, however, suffice to discharge the woman from liability. 
 A wife who has incited her husband to the commission 
 of a felony can be indicted and convicted as an accessory 
 before the fact ; but although she knows that he has com- 
 mitted a felony, she has a right to receive and screen him. 
 Ignorance. — Ignorance of law by itself is not any excuse 
 for crime, and the principle applies not only to natives but 
 to foreigners. Thus, a foreigner acting in England as a
 
 PRACTICE. 79 
 
 second in a duel could be convicted as a principal in the Grounds of 
 second degree, though it might be quite innocent to act as liability. 
 a second in a duel in his own country, and he might think 
 that such was the state of the law in England too. If, 
 however, a crime created by statute is committed in a 
 place which notice of the statute having been passed has 
 not, and could not have, yet reached {e.g., on the high 
 seas), ignorance can be pleaded in defence. And ignorance 
 may sometimes be taken into account as throwing light on 
 intention. Ignorance of fact sometimes excuses, as, for 
 instance, where a man intending to kill a burglar kills one 
 of his own family. 
 
 Insanity. — A prisoner may be insane at the time of his 
 trial, and yet have been sane enough when he committed 
 the crime. When this is the case a jury are SAVorn to try 
 whether or not the prisoner is in a fit condition to plead to 
 the indictment and take his trial. If they find he is not, 
 he is ordered to be detained during her Majesty's pleasure. 
 
 But sometimes a prisoner is sufficiently sane to under- 
 stand the proceedings at the trial and the predicament in 
 which he is placed, and yet committed the act in question 
 under the influence of insanity. The law on the subject 
 may be stated to be that to excuse the prisoner's act his 
 insanity must have been such that either he did not know 
 what he was doing, or, if he did know, he thought he was 
 justified in doing it, and was not aware that he was acting 
 contrary to the law. If the prisoner was the victim of a 
 particular delusion, but was in other respects sane, he must 
 be considered in the same position as if the facts to which 
 his delusion had reference were real ; thus, if he killed a 
 man who he believed was in the act of taking his life, he 
 should be acquitted ; but not so if he believed that the 
 deceased had merely done him some grievous injury. On
 
 80 • PRACTICE. 
 
 Grounds of the other hand, it does not at all follow that, because the 
 liability. Prisoner was generally and admittedly mad, he is to be 
 excused. Everything depends on the attitude of his mind 
 with regard to the particular act furnishing the subject of 
 inquiry. The law, however, as to insanity as exempting 
 from criminal responsibility is not at present in a very 
 clear or satisfactory state, and it is to be hoped that the 
 Avhole subject may shortly be brought under exhaustive 
 and fruitful discussion. 
 
 Drunkenness. — Voluntary drunkenness affords no excuse 
 for crime, as men must be taken to drown their faculties 
 at their peril. But it is said that drunkenness, even though 
 contracted voluntarily, may sometimes be taken into con- 
 sideration as tending to rebut the existence of a specific 
 Thomas 7 intention. And clearly, whenever the question is whether 
 C. & P.; ^i^g prisoner committed the act charged against him inten- 
 
 and Reg. ^ .... 
 
 V. Cruse, 8 tionally or by accident, it is important to ascertain 
 whether he was drunk or sober. It seems, moreover, that 
 the drunkenness of the accused may properly be considered 
 in cases of alleged murder, when it has been shown that 
 sufficient legal provocation was given ; because the point 
 for determination in any such case is whether or no the 
 unlawful act can be attributed to the passion of anger 
 aroused by the provocation, and such passion is of course 
 more easily excitable in a man when intoxicated than 
 when sober. 
 
 Involuntary drunkenness, or insanity induced by habitual 
 drunkenness, may be of such a character as to render the 
 person affected irresponsible for his acts. 
 
 Ditress and necessity are also under certain exceptional 
 circumstances grounds of non-liability, when by reason 
 of such duress or necessity the act done is wanting in that 
 criminal intention which is necessary to con.stitute it acrime.
 
 PRACTICE. 81 
 
 Courts trying Indictable Offences. 
 
 Peers of the realm. — Peers accuseil of treason or felony 
 are not tried in the ordinary way by a jury at the Assizes 
 or Sessions, but in a court of their own, presided over by 
 the Lord High Steward. Tlie indictment, however, is first 
 found by a grand jury, just as if the accused were a 
 commoner, and then removed into this court by writ of 
 certiorm'i. If Parliament is sitting, all peers have a right 
 to vote. If not, only those who may happen to have been 
 summoned by the steward can vote ; but, to provide 
 against his packing the court, it is requisite that the 
 majority (for unanimity is not required as in the case of a 
 jury) should consist of twelve at least, and when the 
 charge is treason, every peer having a right to vote must 
 be summoned. In the former case, too, the steward is 
 simply a chairman, and gives his vote like the humblest 
 of his brother peers. But in the latter case he is the judge, 
 and has all the authority of one. It is to be observed 
 that it is nobility of blood, and not a seat in the House of 
 Lords, that confers the right of being tried before the 
 Lord High Steward ; so that while, on the one hand, a 
 bishop could not be tried there, a peeress or Scotch peer 
 (though not a representative one) could. The reader 
 should also notice that the privilege only exists when the 
 charge is one of treason or felony. A peer accused of a 
 misdemeanour would be tried like any one else. 
 
 Queen's Bench Division. — The criminal jurisdiction of 
 this court is not very frequently exercised, but indict- 
 ments from all inferior courts may be removed into it by 
 writ of certiorari. The most usual ground on which this 
 writ is applied for is that, on account of local prejudice, 
 
 (}
 
 82 PRACTICE. 
 
 Courts there is not likely to be a fair trial in the court below, 
 Ind^uble though it is sometimes granted upon the ground that 
 Oifences. difficult points of law will probably arise. The granting 
 or refusing of this writ is in the discretion of the court, 
 and there are cases in which the certiorari is expressly 
 taken away by statute. It is always, however, demandable 
 as of right by the Crown. An important case removed 
 into the Queen's Bench Division is tried at bar (that is, 
 before a full court) ; if it is a misdemeanour of no great 
 importance, at nisi prius. In addition to this transferred 
 jurisdiction (as it is called) the Division has original 
 jurisdiction over all indictable offences committed in 
 Middlesex, and all misdemeanours of a public nature (when 
 certain steps have been taken) committed anywhere in 
 England. 
 
 Central Criminal Court. — All treasons, felonies, and mis- 
 demeanours committed in the Metropolitan district can be 
 tried here. The lighter crimes are usually disposed of by 
 the Recorder or Common Serjeant, the heavier by judges 
 from Westminster. The presence of an Alderman is es- 
 sential to the validity of the proceedings. The court has 
 also, like the Queen's Bench Division, some transferred 
 jurisdiction. 
 
 Assizes. — The whole country is divided into " Circuits" 
 which the judges travel periodically to administer the law. 
 Till within recent memory there used to be only two 
 Assizes in the year at any particular place. But now, on 
 the perhaps somewhat fanciful ground that innocent men 
 fmay not be kept a long time in prison waiting for the 
 itrial that is to release them, the judges are constantly 
 runniug down to provincial towns to try prisoners. At 
 •the Assizes only the graver sorts of crime are generall3' 
 tried. But it sometimes happens that a case which is
 
 PRACTICE. 83 
 
 capable of beino- tried at the sessions is, on account of its Court* 
 
 1 1 r tryin? 
 
 exceptional difficulty or importance, properly reserved tor indictable 
 
 the consideration of a judge at the Assizes. It may be 
 added that a judge sits at the Assizes by virtue of the 
 fourfold commission (1) of oyer and terminer ; (2) of gaol 
 delivery ; (3) of nisi iwiw^ ; and (4) of the peace. 
 
 ftuarter Sessions. — The sessions have jurisdiction over 
 the lighter kinds of indictable offences, — larcenies, em- 
 bezzlements, indecent assaults, &c., &c. Treasons, murders, 
 manslaughters, perjuries, forgeries, rapes, bigamies, bur- 
 glaries, blasphemies, abductions, concealments of birth, 
 attempts to murder, &c., &c., they are not at present 
 entrusted with, though some persons (hardly sufficiently 
 considering the importance of having a trained lawyer 
 for judge) advocate the extension of their jurisdiction 
 to some of such ^crimes. A Court of Quarter Sessions 
 may be either for a county or for a borough. The County 
 Sessions for the trial of prisoners are held four times a 
 year at periods carefully fixed by statute, — the first weeks 
 after March 31st, June 24th, Oct. 11th, and Dec. 28th,— 
 and, if the district is exceptionally populous or addicted 
 to crime, intermediate sessions at times fixed by the 
 justices may be held. The persons presiding in the County 
 Sessions are the justices of the peace, one of whom acts 
 as the judge. He has not necessarily or usually had the 
 education of a lawyer, but he is as strictly bound by all 
 the established rules of law and practice as a judge at the 
 Assizes. The Middlesex Sessions, however, is a more satis- 
 factorily-constituted court than most County Sessions, a 
 difference being necessary in the case of that county on 
 account of the astonishing amount of London crime and 
 the vigilance of the London police. The Middlesex Ses- 
 sions are held twice a month, and care has been taken by 
 
 g2
 
 84 PRACTICE. 
 
 Courts statute to secure the presidency in two courts of ex- 
 Indictable perienced and able lawyers. If a town has a Quarter 
 Oifences. ggssions of its own, prisoners committed for trial for crimes 
 alleged to have been committed within the town limits go 
 there instead of to the County Sessions. The judge there 
 is the Eecorder of the town, who must be a barrister of at 
 least five years' standing. He may fix his sessions when 
 he pleases, but is required to hold a court in each of the 
 quarters of the year. 
 
 University Courts. — The University of Oxford (and in 
 certain cases Cambridge too) claims to have exclusive 
 jurisdiction over crimes charged against one of her mem- 
 bers ; and, however much out of harmony with the spirit 
 of the times such a claim may be, it would probably, if 
 asserted, have to be allowed. 
 
 Preliminaries to Trial. 
 
 The usual, and in some cases the necessary, course to 
 take against a person suspected of having committed an 
 indictable offence, is to have him brought up before a 
 magistrate at petty sessions. With these proceedings we 
 have here no immediate concern. The magistrate, if there 
 is evidence on which a jury might reasonably convict, 
 ought to commit the accused for trial. His duty is not to 
 try whether the defendant is guilty or not guilty, but 
 simply to decide whether there is sufficient evidence against 
 him to justify a further inquiry ; and he has accordingly 
 no power to listen to such special defences as insanity or 
 i?e^. V. the truth of a libel. There are, however, some petty 
 14 C. C. C. larcenies and other indictable offences with which the 
 magistrates, Avith the consent of the accused, can deal 
 summarily ; but a conscientious justice, Avithout vanity or
 
 PRACTICE. 85 
 
 Prelimi- 
 naries to 
 
 desire to magnify his office, will exercise such powers, 
 even where he would be well within them, somewhat Trial 
 sparingly. 
 
 The evidence of the witnesses is taken down in writing ; 
 and the depositions (as they are called) are afterwards read 
 over to them, and signed by them and by the presiding 
 justice ; the whole, however, being often done in such a 
 perfunctory manner that mistakes are of frequent occur- 
 rence, and the depositions can never be relied on as con- 
 taining with absolute exactness what was said before the 
 magistrates. The witnesses for the prosecution, and, if 
 the court think fit, witnesses who have been called on 
 behalf of the prisoner, are then bound over to appear and 
 give evidence at the trial. 
 
 Bail. — Instead of being put in prison to await his trial, 
 the defendant is frequently set free on bail being given, 
 that is, surety taken for his due appearance. In a case of 
 Treason, the justices cannot liberate the accused on bail ; 
 nor do they in practice where the charge is murder. But 
 in all other felonies and misdemeanours they may do so if 
 they think proper, whilst in some few misdemeanours they 
 have no power of refusal. The Queen's Bench Division 
 may admit to bail in all cases. The question of the 
 sufficiency of the bail is for the magistrates. The person 
 offered may be examined on oath as to his means, but in 
 criminal cases no justification of bail is requisite. No 
 person who has been convicted of an infamous crime is 
 competent ; nor are married women, infants, or prisoners 
 in custody. If the bail have reason to suppose that the 
 defendant is about to abscond, they may surrender him 
 before the magistrates again, and get him committed in 
 discharge of their obligation. 
 
 Vexatious Indictments Act. — Though an inquiry before
 
 86 pRAcrrcE. 
 
 Prelimi- the magistrates is nearly always held before a man is 
 naries to , . . , ■, ... . 
 
 Trial. P^t upon his trial, such an inquiry is not in every case 
 
 absolutely necessary. But by an Act passed in 1859, 
 and called the Vexatious Indictments Act, no bill of 
 indictment for perjury, subornation of perjury, conspiracy, 
 obtaining money or goods by false pretences, keeping a 
 gambling house, keeping a disorderly house, indecent 
 assault, or for certain misdemeanours under the Debtors 
 Act, 1869, can be sent up to the Grand Jury unless certain 
 steps for the security of innocence (one of which is an 
 inquiry before the magistrates) have been taken. This 
 Act, however (it has subsequently been provided), does 
 not prevent the sending up to the Grand Jury a count 
 containing a charge, which was, in the opinion of the court, 
 substantially, though not in form, gone into before the 
 magistrates, and which may lawfully be joined with the 
 other counts in the indictment. And with the consent of 
 the court any bill of indictment may be sent up to the 
 Grand Jury. When a person is charged with having 
 committed any of these offences, and the justices refuse to 
 commit or bail the person charged, they may be required 
 to take the prosecutor's recognisance to prosecute his com- 
 plaint, and the trial subsequently takes place as though 
 there had been a committal in ordinary form, but it may be 
 added that, in such a case, the prosecutor may, in the event 
 of an acquittal, be ordered to pay the defendant's costs. 
 
 Court of the Coroner. — The coroner's is an ancient and 
 dignified office, and his chief duties are to ascertain by 
 evidence, with the help of a jury, the causes of sudden 
 deaths within his district. As the result of such an in- 
 quiry, he can commit a person for trial for murder or 
 manslaughter, and the intervention of a Grand Jury is not 
 necessary. In practice, however, a person accused of
 
 PRACTICE. 87 
 
 murder or maiislaiiehter is almost always taken before the Prelimi- 
 magistrates, and a bill of indictment is also pretened Trial, 
 against him. The coroner's jury must consist of twelve 
 persons at least. After viewing the body, the proceedings 
 are conducted in the usual manner with the object of 
 eliciting the truth, the witnesses being examined on 
 oath, and the coroner having power to order the attend- 
 ance of persons who know anything about the matter. 
 Thousfh it is entirely in the discretion of the coroner him- 
 self, parties interested are, according to universal practice, 
 allowed to be represented by legal advocates, who may 
 cross-examine the witnesses, and, in important cases, address 
 the court. A coroner is empowered by statute to appoint 
 a deputy to act in his illness or absence from lawful or 
 reasonable cause. See Rerj. v. 
 
 Information. — A trial for misdemeanour occasionally pro- j^ j^ 2' 
 ceeds \x\Md\\ an information filed by the Attorney-General ^- ^- ^• 
 ex officio in the Queen's Bench Division, or by the Master 
 of the Crown Office at the instance of an individual. In 
 such a case the intervention of a Grand Jury is dispensed 
 with. 
 
 The Indictment. 
 
 The Grand Jury. — Before a person committed for trial 
 is brought into open court and required to plead guilty or 
 not guilty, a written accusation against him called a bill is 
 laid before a body of gentlemen (not fewer than twelve, 
 nor more than twenty-three) called the Grand Jury. These 
 gentlemen consider the accusation, and hear some of the 
 witnesses intended to be called in support of it ; and if the 
 majority (consisting of twelve at least) then think there is 
 a i))-hnd facie case against the ]>risoner, they "find a true
 
 88 PRACTICE. 
 
 The In- bill." The " bill" then becomes an "indictment." If, 
 however, as the result of their examination, they think the 
 case for the prosecution so trumpery that the prisoner 
 ought not even to be subjected to the disgrace of being put 
 into the dock and made to plead, they "throw out the 
 bill." In cases where there is little more than strong 
 suspicion, it is generally better to throw out the bill ; be- 
 cause then, if fresh evidence at some future time comes to 
 light, another bill can be sent up to the Grand Jury, and 
 the prisoner dealt with according to his deserts ; whereas, 
 if the Grand Jury found a true bill, and the prisoner, having 
 been arraigned on it, were acquitted, he would be for ever 
 free from that charge, and could not afterwards be tried 
 on it, however clearly the discovery of fresh evidence might 
 show him to be guilty. It may be added, Avith respect to 
 indictments against those who have not been committed 
 for trial, that a presentment may be made by the Grand 
 Jury of an offence within their own knowledge, or a bill 
 may in some cases be preferred by a private person with- 
 out preliminary notice to the accused. In such an event, 
 the court would issue a bench warrant for arresting the 
 party charged. 
 
 Contents of indictment. — The indictment must state pre- 
 cisely and in technical language the charge or charges 
 against the prisoner. The charge is often varied in a 
 number of "counts," in order that, if the prosecution fail on 
 one, they may succeed on another. Any number of distinct 
 misdemeanours may be charged in different counts of the 
 same indictment ; though if such a course were incon- 
 venient, or likely to embarrass the prisoner in his defence, 
 the court would call on the prosecution to elect which 
 charge they would proceed with. These counts for 
 distinct misdemeanours may, moreover, be treated as
 
 PRACTICE. SO 
 
 tliuugh a separate iudictnicnt luul been preluiTud lor eacli The In- 
 of the offences charged. Ami a somewhat curious result 
 follows from this ; for, since it has long been decided that 
 on several indictments, whether for felonies or misde- 
 meanours, sentences of a cumulative character may be 
 inflicted {I.e., the sentence on the second not to begin to 
 take effect until the completion of the punishment im- 
 posed on the first., and so on), it Avas recently held that, 
 where there was a single indictment containing two counts 
 for distinct perjuries, the prisoner might properly be sen- 
 tenced to a term of seven years' penal servitude (the 
 maximum punishment for the offence of perjury) on each 
 count, making fourteen years in all. A felony and a mis- Jier/. v. 
 demeanour cannot be joined in the same indictment. The 5 q. b. d. 
 joinder of several felonies in different counts is strictly 
 speaking allowable, but it is contrary to practice, and the 
 judge might quash the indictment. An indictment for 
 stealing, however, can contain a second count for receiving, 
 and three distinct acts of larceny or embezzlement may, 
 under certain limitations, be charged in the same indict- 
 ment. So, too, the same felony may be charged in different 
 ways in different counts. It is not usual to charge more than 
 one offence in the same count; indeed such a count would 
 be bad for diq^licity. Indictments, however, for embezzle- 
 ment and for burglary are exceptions to this rule, and the 
 same count may also charge felonious acts with respect to 
 several persons — as in robbery, with having assaulted A. 
 and B., and stolen from A. one shilling, and from B. two 
 shillings, provided this was all one transaction. An indict- See also 
 ment consists of three distinct parts; — the commencement, Guthrie 
 
 containing the venue and the caption or presentment ; the ^- ^- ^ 
 
 C C R. 
 
 statem^ent, containing the charge against the prisoner ; and 
 the conclusion, which, when the indictment is for an offence
 
 90 PRACT/C 
 
 The In at coiniiKin law, runs "against the peace of our Lady the 
 
 ic men . q^^^^^^^ j^^^. d-Q^vji and dignity," and, when the offence is 
 
 one created by statute, " against tlie form of the statute in 
 
 such case made and provided, and against the peace, &c. ; " 
 
 a distinction, however, now of no great consequence. 
 
 Joinder of Defendants. — When several persons have 
 joined in the commission of a crime, they may be indicted 
 either jointly or separately. But if an offence is in its 
 nature several, such as perjury or seditious words, defend- 
 ants cannot be indicted jointly for it ; though it has been 
 held that two persons may be indicted jointly for singing 
 a libellous song. Advantage may betaken of a misjoinder 
 of defendants by demurrer, motion in arrest of judgment, 
 writ of error, or by getting the court to quash the indict- 
 ment. If the prosecution have indicted two prisoners 
 jointly in order that one of them may not be competent as 
 a witness for the other, the court may correct such an abuse 
 by ordering separate trials. 
 
 Quashing indictment. — If the indictment is on the"*face 
 of it so defective that judgment could not be pronounced 
 upon it in the event of a conviction, either side may, before 
 plea, move the court before which the prisoner is intended 
 to be tried to quash it. A motion to quash for any formal 
 defect apparent on the face of the indictment must be 
 made before the jury are sworn, and the court may then 
 order the indictment to be amended and proceed with the 
 trial. It seems, however, that for a substantial defect 
 apparent on the face of the indictment, it may be quashed 
 even after the case for the prosecution has been closed. 
 As to the authority of a Court of Quarter Sessions, it 
 appears that it can itself quash an indictment, before plea 
 pleaded, without having recourse to cevfiorari. An appli- 
 cation to quash would not be made if the prosecution were
 
 PRACTICE. 91 
 
 institutfd by the Attorney-General, since he could hiniwelf The In- 
 enter what is called a nolle 'proseqwi to stay proceedings,. 
 which would have the same effect. It is scarcely neces- 
 sary to say that a prisoner in whose case an indictment has 
 been quashed, or a nolle prosequi entered, is not free from 
 the charge made against him, but is liable to be reindicted. 
 Amendmsnt of indictment. — At tine time in the history of 
 our criminal law the most trifling defect in an indictment 
 {e.g., the misstatement of one of the prisoner's Christian 
 names) was fatal to its validity, and rendered the prisoner 
 entitled to acquittal. But such absurdities are now at 
 an end, and the court has always power (which it ought 
 never to hesitate to exercise in the interests of justice) to 
 amend an indictment in the case of variances not material 
 to the merits. Thus, on a trial for perjury, if the indict- 14 & 15 
 ment alleged the perjury to have been committed at a trial loo, s. l ; 
 for burning a ham, but the evidence was that the trial ^^ ^^ 
 
 was for burnins a i^lack, the court would amend the (tumble, 
 
 * . . L. R. 2 
 
 indictment. But the court would not amend an indictment C. C. K. 
 
 if the effect of such amendment would be to alter the 
 
 nature or quality of the offence charged ; and it has even 
 
 been held that an indictment for false pretences in which 
 
 the words " with mtent to defraud " have been omitted 
 
 cannot be amended by the insertion of those words, although 
 
 the defendant was aware that fraud was of the essence of 
 
 the charge made against him, and, therefore, would not 
 
 have been really in any way prejudiced in his defence by 
 
 the amendment being made. An amendment can be 
 
 made at any time before the verdict, but uot afterwards. 
 
 When an amendment has once been made there can be no 
 
 changing back to the indictment as it originally stood. 
 
 Conviction for crime not specified in indictment. — During 
 
 the progress of a case it often turns out that while the
 
 92 PRACTICE. 
 
 The In- prisoner has committed a crime known to the law, he has 
 
 yet not committed the exact crime charged against him in 
 
 the indictment. The general rule (apart from statutory 
 
 provision) on the subject is that on any indictment for a 
 
 crime which includes in it a crime of lesser gravity but of 
 
 equal degree {i.e., both felonies, or both misdemeanours), 
 
 and which is substantially stated in the indictment, the 
 
 jury may convict of the lesser crime. Thus, a prisoner 
 
 indicted for murder may be convicted of manslaughter ; or 
 
 one indicted for stealing in a dwelling-house of simple 
 
 larceny ; or one indicted for unlawful wounding of a com- 
 
 Re<j. V. mon assault. But a prisoner indicted for rape cannot be 
 
 L. R. 1 convicted either of a common assault or even of an indecent 
 
 assault, nor can a man, charged with feloniously uttering 
 
 counterfeit coin after a previous conviction for uttering, be 
 
 convicted if the prosecution fail to establish the previous 
 
 conviction, because the uttering, if a first offence, was only 
 
 Reg. V. a misdemeanour. It has been provided by statute that in 
 
 L. R 2' every case where a prisoner is charged with the full crime, 
 
 C. C. R. whatever it may be, the jury may convict him of an 
 
 See Reg. v. attempt to Commit it. 
 
 L. kT' The following specimen of an ordinary indictment for 
 c. o. E. false pretences (drawn by a member of the bar, now a Avell- 
 known Q.C. and Recorder, in the hurry of criminal practice) 
 may be found useful to the student : — 
 "Borough of Doncaster,N The Jurors, for our Lady the 
 in the County of York, V Queen, upon their oath present 
 to wit. J that J. G., on the 9th day of 
 
 December, in the year of our Lord, 1871, within the 
 Borough of Doncaster, unlawfully, knowingly, and 
 designedly, did falsely pretend to one T. E. I., that he, the 
 said J. G., was then possessed of a large quantity, to wit, 
 sixty loads of wheat, equal in quality to a certain sample,
 
 PRACTICE. 93 
 
 then produced by the said J, G., which said quantity of The in- 
 wheat the said J. G. then asked the said T. E. I. to buy 
 from him, and that his, the said J. G.'s, name was W. F., 
 and that he lived at Misson, and had sold wheat to one 
 J. S., and that the said quantity of wheat was at Misson, 
 by means of which said false pretences he, the said J. G., 
 did tiien unlawfully obtain from the said T. E. I. a valuable 
 security, to wit, a cheque for £39, with intent to defraud, 
 whereas in truth and in fact he, the said J. G., was not 
 then possessed of a large quantity of wheat equal in quality 
 to the sample then produced as aforesaid, or of any quantity 
 of wheat whatever other than the said sample so produced 
 as aforesaid, and whereas in truth and in fact his, the said 
 J. G.'s, name was not W. F., and whereas in truth and in 
 fact he, the said J. G., did not live at Misson, and whereas 
 in truth and in fact he, the said J. G., never had sold wheat 
 to the said J. S., and whereas in truth and in fact, the said 
 quantity of wheat was not at Misson, or at any other place 
 whatever, as he, the said J. G., well knew at the time when 
 he did so falsely pretend as aforesaid, against the form of 
 the statute in such case made and provided, and against 
 the peace of our Lady the Queen, her Crown and dignity. 
 " Second Count. — And the jurors aforesaid, upon their 
 oath aforesaid, do further present that the said J. G., on 
 the day and in the year aforesaid, and within the borough 
 aforesaid, unlawfully, knowingly, and designedly did falsely 
 pretend to the said T. E, I. that he, the said J. G., was then 
 possessed of a large quantity, to Avit, sixty loads of wheat, 
 Avhich said quantity of wheat the said J. G. then asked the 
 said T. E. I. to buy from him, by means of which said false 
 pretence he, the said J. G., did then unlawfully obtain 
 from the said T. E. I. a valuable security, to wit, a cheque 
 for £39, with intent to defraud, whereas in truth and in
 
 94 PRACTICE. 
 
 The In fact he, the said J. G., was not then possessed of a large 
 quantity of wheat, or of any quantity of wheat whatever, 
 as he, the said J. G., well knew at the time when he did 
 so falsely prejtend as aforesaid, against the form of the 
 statute in such case made and provided, and against the 
 peace of our Lady the Queen, her Crown and dignity. 
 
 " Third Count. — And the jurors aforesaid, upon their oath 
 aforesaid, do further present that the said J. G., on the 
 day and in the year aforesaid, and within the borough 
 aforesaid, unlawfully, knowingly, and designedly did falsely 
 pretend to the said T. E. I., to whom he had contracted to 
 sell sixty loads of wheat, that his, the said J. G.'s, name was 
 W. F., and that he lived at Misson, and had sold wheat to 
 one J. S., by means of which said false pretence he, the 
 said J. G.,did then unlawfully obtain from the said T. E. I. 
 a valuable security, to wit, a cheque for £39, with intent 
 to defi-aud, whereas in truth and in fact his, the said J. G.'s, 
 name was not W. F., and whereas in truth and in fact he, 
 the said J. G., did not live at Misson, and whereas in truth 
 and in fact he, the said J. G., never had sold wheat to the 
 said J. S., as he, the said J. G., well knew at the time 
 when he did so falsely pretend, as aforesaid, contrary to 
 the statute in such case made and provided, and against 
 the peace of our Lady the Queen, her Crown and dignity." 
 
 The Trial. 
 
 Pleas. — If the Grand Jury find a true bill, the prisoner 
 is brought into open court and required to plead to the 
 indictment. He may, if he likes, " 'plead to the jurisdic- 
 tion'' that is, deny the authority of the co\irt to try him,
 
 rhWiTliT.. 95 
 
 on the ii'i'ouiul, lui' iustanci.', tluit tlie crime alh^uv'd to have The Trial. 
 
 been committed b}' him was committed in a different 
 
 district, or that the court cannot try ciimos of that quality. 
 
 Or, instead of taking a mere dihitory objection of that 
 
 kind, which probably would not do him any real good in 
 
 the end, he may plead the special plea of auterfois acquit. 
 
 It is a clear principle of our law that a person cannot be 
 
 indicted again for a crime of which he has already been 
 
 acquitted. The only question is whether he was really in 
 
 jeopardy on the former occasion. If he was, so that the 
 
 jury might have convicted instead of acquitting him, he 
 
 can successfully set up this plea. Thus, a person acquitted 
 
 on a charge of murder could not afterwards be tried for 
 
 manslaughter upon the same facts, nor could a man 
 
 acquitted on an indictment for robbery be subsequently 
 
 indicted for an assault with intent to commit it. On the 
 
 other hand, if a man, charged with the murder of a girl 
 
 whose miscarriage he had sought to procure, and who, after 
 
 the operation, died, is found not guilty upon the indictment 
 
 for murder, he may still be tried and convicted of an 
 
 attempt to procure abortion. The similar plea of auterfois 
 
 convict is the objection of the prisoner who has already 
 
 been convicted on the charge which is now for the second 
 
 time brought against him. Or he may clemur. By a 
 
 demurrer the prisoner in effect objects that even admitting 
 
 the allegations of the indictment to be true, they do not in 
 
 point of law contain a charge which he ought to be called 
 
 on to answer. With regard to formal defects, the right to 
 
 demur is now in all cases either taken away by statute, or 
 
 its exercise rendered practically useless. When, however, 
 
 defects in substance, such as would be cured by verdict, 
 
 exist, tlie indictment still ought to be demurred to, or a 
 
 motion made to quash it, for, " where an averment which
 
 00 PRACTICE. 
 
 The Trial, is necessary for the support of the pleading is imperfectly 
 stated, and the verdict on an issue involving that averment 
 is found, if it appears to the court after verdict that the 
 verdict could not have been found on this issue without 
 proof of this averment, there, after verdict, the defective 
 averment, which might have been bad on demurrer, is 
 Rerj. V. cured by the verdict." But, if the objection is one of 
 L. R 8 Q. which the defendant might avail himself by motion in 
 B. ; and see g^j.j.gg^ of judgment, that course should be preferred, since 
 Goldsmith, iudffment for the Crown on a demurrer is in most cases 
 C. C. R. final, and the defendant thus loses his chance of acquittal 
 by the jury. It occasionally, though of course very rarely, 
 happens that, instead of answering to the indictment, the 
 prisoner remains absolutely silent and does not plead at 
 all. When this is the case, a jury is impanelled to try 
 whether he is mute of malice or of misfortune. If they 
 find it is merely malice that induced him not to plead, a 
 plea of not guilty is entered for him and the trial proceeds. 
 If, however, they find that it is "by the visitation of God" 
 that he is standing mute, the court endeavours by signs 
 or writings to explain to him the nature of the charge and 
 the necessity of his answering it. If he still refuses to 
 plead, a jury may be sworn to try the question of his 
 sanity. All these, however, are very unusual ways of 
 meeting an indictment. In nearly every case the prisoner 
 pleads either guilty or not guilty. If he pleads guilty the 
 court proceeds to pass sentence on him without hearing 
 any witnesses other than those who may be able to give 
 information as to his antecedents, with a view to assessing 
 the punishment. If he pleads not guilty, the next thing 
 is to have a jury sworn to try him. It may be conveniently 
 mentioned here that a prisoner charged with felony must 
 be present during the whole of his trial : the proceedings
 
 PR A Cr ICE. 97 
 
 cannot go on in his absence. But a person on his trial The Trial, 
 for a '}7iisde7)ieanou7' may be allowed (on the ground of 
 illness, for instance) to absent himself after he has pleaded. 
 Challenges. — Before the jury are sworn objections to 
 them may be made by either prosecution or defence. A 
 prisoner indicted for any kind of treason, except trying to 
 kill or personally injure the Queen herself, may challenge 
 and get rid of thirty-Jire jurors without giving any reason 
 whatever for his objection to them. In the excepted case 
 of treason, and in all felonies, the number he may so 
 peremptorily challenge is twenty. In misdemeanours the 
 defendant has no right of peremptory challenge, but the 
 officer of the court is in practice bound to abstain from 
 calling any reasonable number of names objected to either 
 by prosecution or defence, provided that enough be left for 
 a jury. Another kind of challenge is the challenge for 
 cause. This may be either to the array or to the polls. 
 A challenge " to the array " is an objection to the whole 
 number of the jurors returned by the sheriff for some fault 
 or partiality in that officer wliich tends to make his jurors 
 unlikely to do justice. A challenge "to the polls" is an 
 objection raised to a particular individual on the ground 
 that, for some good reason shown, he is not a fit and proper 
 person to try the issue. There is no limit to the number 
 of jurors who may be challenged for cause. Challenges 
 are, for obvious reasons, generally made in the interests of 
 the prisoner; but, as has been observed, the Crown also 
 has a right of challenge. Any number of jurors challenged 
 by the Crown will be ordered to stand aside until tlie whole 
 panel has been so far exhausted that there are not twelve 
 jurors left to try the case. In that case the Crown would 
 be called on to give reasons why the men standing aside 
 should not sit. 
 
 11
 
 98 /'AM CTICE. 
 
 The Trial. The Jury. — When the jury liave once been sworn in a 
 felony case, they cannot separate till they have given their 
 verdict, or are discharged ; so that in long cases extending 
 over days or even weeks they are kept away from their 
 families and their businesses, and have intercourse only 
 with one another. In misdemeanours, however, the rule 
 is not so strict, the jurors being allowed, on under- 
 taking not to talk to people about the case, to go 
 where they like at the adjournments. The court has 
 a wide discretion as to discharging the jury. If 
 they have been locked up for several hours without 
 any prospect of their agreeing as to their verdict, if 
 one of them dies, or falls so ill that it would be some 
 da3'^s before he would be able to sit again, if one of 
 them leaves the jury-box and the court without leave, 
 in these and many other similar cases the court may dis- 
 charge them, and have a new jury sworn. It may be 
 mentioned that the jury are differently sworn according as 
 the case is one of felony or of misdemeanour. In a felony 
 case each juror is sworn separately, and the oath ad- 
 ministered to him is of a somewhat solemn character. In 
 a misdemeanour case the swearing is more expeditious, four 
 of the jurors holding the book at once and simply under- 
 taking to try " the issue joined between our Sovereign 
 Lady the Queen and the defendant." A juror, however, 
 who is unwilling from conscientious motives to be sworn 
 may make a declaration instead. Jurors are not now-a- 
 days to be starved into giving a verdict. A recent statute 
 (1870) enacts that "jurors, after having been sworn, may, 
 in the discretion of the judge, be allowed at any time 
 before giving their verdict the use of a fire when out of 
 court, and be allowed. reasonable refreshment, such refresh- 
 ment to be procured at their own expense.' It is scarcely
 
 PRACTICE. 09 
 
 necessary to say that the verdict of a jury must be arrived The Trial, 
 at unanimously. It may be added that any attempt 
 corruptly to influence jurors is called ernhvacery, and is 
 punishable by fine and imprisonment. 
 
 Proceedings at a trial. — The jury being sworn (and, if 
 the case is one of felony, the prisoner given into their 
 charge), counsel for the prosecution opens his case, stating 
 the chief facts which his witnesses will prove, and explain- 
 ing the law of the case if he thinks there is likely to be 
 any difficulty about it. As to the manner in which he 
 should conduct his case, it may be remaiked that, while, 
 on the one hand, he should abstain from all appearance of 
 anxiety to secure a conviction, on the other, he should not 
 allow himself to be led away by any misplaced sentiment 
 of tenderness or sympathy from putting the evidence against 
 the prisoner in its clearest and most damning light. Warmth 
 and declamation are, in the opening of the case for the 
 prosecution, out of place, for the prisoner ought not to be 
 denounced for a crime of which he is presumed to he 
 innocent; but they may be afterwards justified (in the 
 summing up, or the reply) by an unworthy manner of 
 conducting the defence; as, for instance, when unjust 
 attacks on the characters of witnesses have been made, or 
 disingenuous arguments or artifices liave been employed. 
 Having opened his case, counsel for the prosecution proceeds 
 to call and examine his witnesses, each of them in turn, at 
 the conclusion of the examination-in-chief, being subject 
 to cross-examination by the prisoner's counsel (a). Then he 
 may re-examine them on points brought out in cross- 
 
 (a) The foUowiDg heads of cross-examination may, if thought carefully 
 out, be found usefvil : — Time ; distance ; dress ; interest to misriprcscut ; 
 charactei-; means of knowledge; neighhourhood ; weather [e.g., light or dark) ; 
 condition for liquor' ; previous acquaintance and dealings ; subsequent con- 
 dnct ; opportunities of others ; whether before magistrates ; and coaching. 
 
 n 2
 
 iOO PRACTICE. 
 
 The Trial, examination. But any further question on either side can 
 only be put through the court. When his evidence has 
 been gone through, counsel for the prosecution should ask 
 the defending counsel whether he calls witnesses {a). If 
 the answer is No, he may now make another speech to the 
 jury by way of summing up his evidence, and commenting 
 on the cross-examination so far as it foreshadows the 
 defence. (This right of summing up the evidence for the 
 prosecution does not exist at all when the prisoner is not 
 defended by counsel.) The prisoner's counsel then addresses 
 the jury in defence of the prisoner. He may not only 
 criticise the evidence for the prosecution, but may give the 
 prisoner's version of the transaction, and may even, accord- 
 ing to the view of judges of the highest eminence, at the 
 conclusion of his address, or before it, claim that the 
 prisoner shall himself be allowed to make a statement (6). 
 
 (a) Strictly, the duty of asking this question is that of the presiding 
 judge, 28 Vict. c. 18, s. 2. 
 
 (6) The report (from the Yorkshire Post) of a case tried lief ore Mr. 
 Justice Hawkins, at the Leeds Assizes, in February, 1880, is sufficiently 
 interesting for insertion in a foot-note : — 
 
 "Joseph Hull (24) and Samuel Smith (on' bail), miners, were indicted 
 for robbery with violence, and stealing from the person of James Burn a 
 knife and l^rf., his property, at Sharlstone, near Normanton, on the 24th 
 January last. Mr. Armitage prosecuted, and Mr. E. Tindal Atkinson 
 defended. The case for the prosecution was, that as Burn was walking from 
 Normanton to his home at Sharlstone, at half-past ten o'clock at night, he 
 saw the prisoners in a field. Hull observed, as the prosecutor was passing 
 them, that he was one of those who had crossed the Boyne Water ; and the 
 prosecutor replied that he was a rare guesser. Hull thereupon struck him 
 and knocked him down, and whilst he lay upon the ground kicked him. 
 Smith then turned the prostrate man over, and Hull searched his pockets 
 and took therefrom a knife and three halfpence, which was all the prosecutor 
 possessed. Hull then renewed his attack, and after dealing the prosecutor 
 several heavy blows, struck him upon the head with some sharp instrument. 
 Hull afterwards told the police that he had taken the knife because the 
 prosecutor had drawn it upon him, adding that Smith had done nothing. 
 Mr. McKenzie, surgeon, said that when he was called in to see the pro-
 
 PRACl'ICK. 
 
 If", however, at tlie conclusiuu ut' tlic evidence lor the prose- The Trial, 
 cution, the prisoner's counsel says he is going to call 
 "witnesses, the second s})eech of counsel lor the prosecution 
 does not come just yet. Prisoner's counsel then opens his 
 
 seciitor tlie man's face bore traces of very rough usage. His Lordship, in 
 rejjly to Mr. Atkinson, said that though it had been the almost invariable 
 practice for the statements of prisoners charged with criminal offences to 
 be made either before the magistrates or thi-ovigh their counsel at Assizes, 
 lie, for his part, could see no reason why prisoners should not be permitted 
 to give, not upon oath, their version of occurrences directly to the jury. 
 Were he sitting at those Assizes alone he should at once allow the prisoners, 
 if they and the learned counsel who represented them so desired, to make 
 their statements to the jury. He would, however, confer with Mr. Justice 
 Lush on the point. After a brief conference, his Lordship said he was very 
 happy to find that Mr. Justice Lush not only entirely agreed with him, but 
 liad already, in criminal cases, acted upon the principle. Expressions of 
 individual judges to the effect that prisoners defended by counsel were not 
 at liberty to make their own statements were set forth in books, though 
 perhaps the individual circumstances in these cases were not fully stated. 
 He, for one, did not feel bound by any dicta of that .sort, for there was no 
 ruling of the Court of Criminal Appeal upon the point. As a general principle, 
 he had not a shadow of doubt in his own mind that though a man placed 
 upon his trial must not, according to the criminal law of this country, be 
 examined upon oath, he must always be allowed an opportunity of defend- 
 ing himself or of making his own statement. It would be a barbarous 
 state of the law if he were not permitted to give his own explanation 
 when he was charged with an offence which might cost him his life. It 
 might require consideration whether that statement should be made by a 
 prisoner or by his counsel, but as a general principle he believed that state- 
 ment might be given to the jury either directly from the dock or through 
 his counsel. Mr. Atkinson, in addressing the jury, contended that there 
 had been a fight between Hull and Burn, and that when the latter drew a 
 knife Hull took it from him and defended himself. Each of the prisoners 
 then made a statement directly to the jury. Hull said he was first struck 
 by the prosecutor, who drew a knife. He then knocked the prosecutor down, 
 and the other prisoner held him whilst he (Hull) wrested the knife from 
 him. Smith corroborated this statement. His Lordship, in addressing the 
 jury, said he was very happy to find that the view he had taken with 
 reference to prisoners' statements had been taken by other eminent judges. 
 Under similar circumstances Baron Alderson had allowed a prisoner to 
 make his own statement. The jury returned a verdict of guilty against 
 Hull, but acquitted Smith. Sentence deferred."
 
 102 PRACTICE. 
 
 The Trial, case and calls his witnesses, each of them being, of course, 
 
 examined, cross-examined, and re-examined. He then 
 
 makes a second speech for the prisoner, at the conclusion 
 
 of which counsel for the prosecution replies on the whole 
 
 case. The student will notice the disadvantage which 
 
 necessarily attends calling witnesses for the defence, viz., 
 
 that the prosecution have the last word with the jury. 
 
 When several prisoners are being tried together, it may 
 
 happen that one of them calls witnesses, and not the others. 
 
 In such a case counsel for the prosecution has a general 
 
 right of reply, and need not confine himself to the case of 
 
 the prisoner calling witnesses, provided the offences charged 
 
 are not of such a nature that the prisoners might have been 
 
 Ueg. V. separately indicted. The Attorney- General has the privilege 
 
 iiM. &R.;of replying in all cases, whether witnesses are called for 
 
 Tordan ^ ^^^® defence or not. And though the point is a doubtful 
 
 y C. & P one, it is the better opinion that this right is not confined 
 
 to the Attorney-General in person, but can be exercised by 
 
 counsel representing the Treasury in ordinary cases (a). 
 
 It sometimes happens that the witnesses called for the 
 prisoner raise a defence which the prosecution could not 
 have anticipated, but which they are prepared to answer. 
 In such a case as this, counsel for the prosecution, although 
 he has closed his case, may recall his witnesses, or call 
 fresh ones, for the purpose of contradicting the witnesses 
 for the defence. Such witnesses, however, must confine 
 themselves strictly to that object, not being allowed either 
 to give fresh evidence, or to repeat what they have already 
 sworn. It should be observed that this right of the 
 
 («) This view has received recent confirmation from the decision of 
 Bramwell, L.J., in the Northern Counties Fire Insurance case tried at the 
 Manchester Summer Assizes, 1880. And see some able remarks on the 
 subject in the Law Journal of July 24th, 1880.
 
 PRACTICE. 103 
 
 prosecution to recall witnesses, or bring up fresh ones, in The Trial, 
 order to meet an unexpected defence, does not at all 
 depend on the favour of the court, which is entitled in its 
 discretion to recall a witness at any stage of the proceed- 
 ings. 
 
 The cases on both sides being concluded, the judge sums 
 up, putting, as clearly as he can, the conflicting views, and 
 the evidence by which each is supported, and the jury 
 consider their verdict. If the judge is dissatisfied with 
 the verdict given by the jury he may send them back to 
 reconsider it ; but he is bound to take the verdict which 
 they ultimately insist on giving. If, however, contrary to 
 the evidence and the express direction of the judge, the 
 jury insist on convicting a prisoner, their verdict may, in 
 some cases, be set aside, and a new trial ordered. The 
 jury may, if they please, append to their verdict of guilty 
 a recommendation to mercy, and if such recommendation 
 is founded on any sufficient reason (a), it will be taken into 
 account to mitigate the severity of the punishment. 
 
 It, of course, often happens that a person committed for 
 trial has been previously convicted. When this is so, a 
 count for a previous conviction ought to be put in the 
 indictment. Nothing is said about this count till the 
 prisoner either pleads guilty to, or is found guilty on the 
 present charge, unless, indeed, the prisoner offers evidence 
 of good character, or elicits such evidence in cross-exa- 
 mination of the witnesses for the prosecution. He is then 
 asked whether he pleads guilty to the count for the previous 
 conviction. Generally, after a little coy hesitation, he 
 
 (a) A merely sympathetic recommendation ought never to be attended 
 to. It is said that a jury once recommended to mercy a prisoner whom 
 they convicted of having murdered his father and mother, " on the ground 
 that he is an orphan,"
 
 104 PRACTICE. 
 
 The Trial, admits the soft impeaclimeut. If, however, he is bold 
 enough to deny it, the question is tried by the jury without 
 the necessity of their being again sworn. The judge then 
 passes sentence on the prisoner. Sometimes, however, 
 sentence is postponed for a few hours, or even days, that 
 the judge may consider the case more fully — a practice 
 which, though it has some few points to recommend it, is, 
 on the whole, to be reprobated, since much of the good 
 effect on the spectators, many of them of the criminal 
 classes, is thereby lost. 
 
 Arrest of judgment. — At any time between the con- 
 viction and the sentence the defendant may move the 
 court in arrest of judgment, that is, to stay judgment, 
 notwithstanding' verdict given. The ground for such a 
 motion must be an objection appearing upon the face of 
 the record itself. It has already been observed that when 
 the indictment contains substantial defects which would 
 not be cured by verdict, it is generally advisable to move 
 in arrest of judgment rather than to demur. The fact that 
 a judgment has been arrested is no bar to a fresh indict- 
 ment. 
 
 Reserving a point- — Occasionally, in the course of a trial, 
 the prisoner's counsel takes a legal objection, which, he 
 says, entitles him to an acquittal, independently of the 
 merits of the case, e.(j., that the prisoner was a married 
 woman, acting under the coercion of her husband, or that 
 he was an infant who, not being in a position to contract 
 trade debts, could not be convicted of a misdemeanour 
 under the Debtors Act, 1869. If the judge considers the 
 objection so taken to be unanswerable, he will direct an 
 acquittal. But he may think that while it is not a sound 
 objection it is yet one entitled to considerable weight, and 
 that his own opinion may possibly not be the correct one
 
 PRACTICE. |()."i 
 
 on the subject. In such a case he will, at the request oi'The Trial, 
 the prisoner's counsel, reserve the point for the con- 
 sideration of the Court for Crown Cases Reserved, and let As t<> the 
 
 TT 1 • 1 • jurisdic- 
 
 the case go to the jury. If the jury then convict, sentence tion of this 
 will be postponed till after the point of law has been y^^"'^' *'*^'^ 
 decided ; and if the point is decided in the prisoner's favour ^'"!^'''' 
 it will not be passed at all. Of course, if the jury acquit C. C. R. 
 on the merits notliing more is heard of the point of law. 
 
 Writ of error. — Where a substantial defect appears on 
 the face of the record, which would have afforded good 
 ground for quashing the indictment, or which would have 
 been fatal on demurrer, or in arrest of judgment (provided 
 that it is such as not to be cured by verdict), or where 
 there is any irregularity in the verdict or judginent, the 
 proper remedy is to sue out a writ of error, first obtaining 
 the jiat of the Attorney-General for that pui-pose. The 
 Court for Crown Cases Reserved will not review a judg- 
 ment for the Crown given on demurrer, but will leave the 
 prisoner to seek a remedy by writ of error. In giving 
 judgment upon a writ of error, the court has power to 
 modify the original judgment, or to remit the record to the 
 court below to pronounce the proper judgment. The 
 public has lately been rendered familiar with the proceed- 
 ings on writ of error by a case in which a convict who had 
 been sentenced to a term of seven years' penal servitude 
 for each of two acts of perjury charged in different counts 
 of the same indictment, endeavoured, unsuccessfully, to get 
 off the second term, on the ground (amongst others) that 
 the sum of the punishments on the various counts of such 
 an indictment ought not to exceed the maximum punish- Reg. v. 
 ment for the offence of perjury. -^ -^'^ 
 
 New trials. — When a prisoner has been acquitted, a new Q- ^- ■'^• 
 trial can only be had in such an exceptional case as where
 
 IOC) piuicricE. 
 
 The Trial, the defence have fraudulently spirited away a witness for 
 the prosecution, and even then only when the charge is 
 one of 'misdemeanour. When a prisoner has been con- 
 victed, of a misdemeanour he may, where the indictment 
 has been preferred in the Queen's Bench Division, or has 
 been removed into that court by certiorari, move for a 
 new trial, on the ground that the verdict was contrary to 
 the evidence, or that there was gross misbehaviour among 
 the jury, or for any other good cause. A pereon convicted 
 of felony cannot obtain a new trial. Where a special 
 As to verdict has been returned, what is called a venire de novo 
 novo, see may be awarded ; and it seems that a venire de novo will 
 Martin ^^®' ^^'^ ^ fresh trial may be had thereon, even in a case of 
 
 ^- ^- ^ felony, when the verdict is for some reason imperfect. No 
 O, O. iv. 
 
 one with any experience of criminal practice can doubt 
 that innocent men are occasionally, especially if undefended, 
 convicted, and that there are many cases in which a review 
 of the evidence by another jury would, in the interests of 
 justice, be desirable. Probably any bill for the codification 
 of the criminal law which Parliament may pass will contain 
 a provision enabling every prisoner convicted by a jury to 
 obtain a new trial on showing sufficient reason. 
 
 T/te Witnesses. 
 
 Husband and wife. — Husband and wife (except when 
 complaining of violence the one from the other, in High 
 Treason, or by virtue of special statutory provision) cannot 
 be witnesses for or against one another on a criminal trial. 
 So far is this principle carried, that a wife cannot give
 
 PR/ICTICE. 107 
 
 evidence lor or against a person jointly indicted with her The 
 husband, although the indictment contains several counts 
 charging different offences against the respective prisoners, 
 unless, indeed, the husband has already pleaded guilty to Reg, v. 
 the charge. Thomj>^, 
 
 It is scarcely necessary to say that a prisoner (though <^'- ^- im- 
 probably he may make a statement) is not allowed to give 
 evidence in his own case. But a statutory exception to 
 this rule exists in the case of a person charged with sending 
 an unseaworthy ship to sea. It is thought, however, by 
 most lawyers whose opinions are entitled to weight that 
 to allow the prisoner to be questioned to a certain limited 
 extent would be conducive to the interests of justice and 
 the eliciting of the truth. The wife of the prosecutor may 
 be a witness, either for the prosecution or for the defence. 
 
 Children. — There is no particular age at which a child 
 becomes a competent witness. When a child of very 
 tender years is offered as a witness, the judge usually 
 questions it as to its ideas of God and the obligation of an 
 oath, and, if it appears entirely ignorant on such subjects, it 
 is rejected. It is suggested, however, that the test ought 
 simply to be whether the child has intelligence enough to 
 give a correct account of an occurrence it has witnessed. 
 The matter is entirely in the discretion of the court, which 
 is not bound to suggest theological problems such as the 
 wisest of us could not solve (a). 
 
 Lunatics, &c., may give evidence in lucid intervals. 
 
 Atheists — If the presiding judge at any trial is satisfied 
 that the taking of an oath would have no binding effect 
 
 (a) There seems to be no clear rule. In Hale's day arje, was privid facie 
 the criterion ; but Sir Matthew says he would allow any child to be sworn, 
 " if it appear that he hath a competent discretion." Pleas of the Crown, 
 vol. 2, p. 278, and other passages.
 
 108 PRACTICK. 
 
 The on the conscience of a person tendered as a witness, such 
 
 *WitiI16SS6S 
 
 ' person may give evidence on his 'promising to tell the 
 truth. Such a promise is, as regards the law of perjury, 
 equivalent to the usual oath. 
 
 Witnesses in custody. — A person is not incompetent as a 
 witness because he is in prison. To obtain the presence of 
 a prisoner in criminal custody, the warrant of a judge of 
 one of the Superior Courts, or of a Secretary of State, 
 must be obtained. If he is in civil custody, a writ of 
 habeas corpus ad testificandum must be obtained from a 
 judge. 
 
 Accomplices. — Though, in strictness, the uncorroborated 
 testimony of an accomplice is sufficient to justify a con- 
 viction, it is the practice to direct an acquittal unless his 
 evidence is confirmed. And the confirmation must be not 
 only as to the circumstances, but also as to the person 
 accused. The evidence of other accomplices will not be 
 sufficient confirmation, nor even will that of the wife of an 
 accomplice. 
 
 Privilege. — Communications made by clients to their 
 counsel or solicitors cannot be disclosed in the witness-box. 
 But the privilege extends only to communications made in 
 professional intercourse, so that a lawyer cannot decline to 
 state facts which came to his knowledge before his services 
 were retained. Nor can he, on this ground, refuse to prove 
 his client's handwriting or identity. The privilege covers 
 communications made by clients to the clerks of their 
 counsel or solicitors. But conveyancers are not within the 
 privilege, nor are doctors ; and it seems that a Roman 
 Catholic priest is (legally) bound to reveal confidences made 
 to him in confession. Another ground of privilege is that 
 the disclosure of a particular fact would be harmful to the 
 State, Moreover, a witness may decline to answer a ques-
 
 PRACTICE. lO'.l 
 
 tion if he thinks, and the court agrees witli liini, that it The 
 would tend to criminate him. But the production of a 
 pardon wouhl take away this privilege, and render the 
 witness compellable to answer. All other questions put 
 for the purpose of assailing the witness's character must be 
 answered, the only safeguard against unjust attacks being 
 the lionour of the bar — and, indeed, of all legal practi- 
 tioners — and the sympathy in the minds of the jury which 
 would infallibly be evoked, by levelling unfair shafts 
 against the credit of the witness, such as asking him 
 whether he had not been convicted of petty larceny twenty 
 years ago, or whether he was not living with a woman who 
 was not his wife. Generally, a counsel cross-examining to 
 credit is bound by the witness's answer, and cannot con- 
 tradict him. But it has been provided by statute that if a 
 witness falsely denies that he has been previously convicted 
 of a felony or misdemeanour, the cross-examining party 
 may prove such conviction ; and where it is sought to 
 show in cross-examination that a Avitness is not impartial, 
 and he asserts that the facts suggested are not true, it 
 seems that he may be contradicted. 
 
 Attendance of witnesses. — The attendance of witnesses 
 not bound over is secured by serving them with the writ 
 called a subpcena ; or, if they are to bring documents with 
 them, with a subpccna duces tecum. If a person served 
 with a Crown Office suhpcena disobeys it, he may be 
 attached for contempt of court. In other cases, he may be 
 indicted. In all felonies and most misdemeanours a 
 witness for the prosecution is entitled to be paid his 
 reasonable expenses. The court can also order payment 
 of the expenses of the prisoner's witnesses when they have 
 been bound over by recognizance to give evidence on his 
 behalf. A witness cannot be arrested while attending to
 
 110 PRACTICE. 
 
 The give evidence, nor for a reasonable time before and after 
 ■ the trial. It is now quite clear, though there was formerly 
 a little doubt on the subject, that a prisoner is not entitled 
 to notice of witnesses not called before the magistrates, 
 but whom the prosecution intend to call at the trial. But 
 such notice is usually given, and its not having been given 
 would afford matter of strong comment for the prisoner's 
 counsel. 
 
 Evidence. 
 
 Leading questions. — Counsel examining his own witness 
 is not allowed to put leading questions. A leading question 
 is one which suggests to the witness the answer desired, 
 and the objection, of course, to such a questtion is that a 
 witness ought to give his evidence without being prompted 
 or coaxed. But cessante rations, cessat lex ; and, accord- 
 ingly, in parts of the evidence not really disputed {e.g., 
 being merely introductory), leading questions may be 
 asked. Thus, " I believe you are a tailor, carrying on 
 business at 250, High Street, Doncaster ? " is a question to 
 some extent suggesting the answer; but, as the guilt or 
 innocence of the prisoner would not be likely greatly to 
 depend on it, such a question could seldom be objected to. 
 When an examining counsel comes to evidence not really 
 touching the merits, but which it may be necessary to give, 
 it is usual to ask the counsel on the other side for per- 
 mission to lead. There are one or two other exceptions to 
 the rule that leading questions may not be asked. They 
 may be asked, for instance, for the purpose of identification 
 {e.g., " Is this the person you saw ? " ) ; or of contradiction
 
 PRACTICE. Ill 
 
 (e.^., "You have heard that tlie witness Jones says that Evidence. 
 Brown put out his tongue at the prisoner. Is that true ? "). 
 So, when a witness is very stupid or very infirm, it seems 
 that his memory may be jogged to an extent which would 
 not be allowed in the case of a witness of ordinary intel- 
 ligence. This last proposition, however, must be received 
 hesitatingly and with doubt. In a rape case it is necessary 
 for the prosecution to prove actual penetration, and con- 
 siderable waste of time usually occurs in eliciting from the 
 prosecutrix that important fact, in consequence of her 
 natural reluctance to volunteer it. It is clear that, how- 
 ever painful the situation, a leading question cannot under 
 these circumstances be asked. In cross-examination, again, 
 leading questions may be asked, as the witness is supposed 
 to be hostile, and proof against such blandishments. Yet, 
 even in cross-examination, the exact words he is to echo 
 back again cannot be put into his mouth. So, if, in exami- 
 nation-in-chief, a witness clearly shows that his sympathies 
 are with the other side, he may, by leave of the court, be 
 treated as a hostile witness and cross-examined accordingly. 
 
 Refreshing memory. — Although a witness is not allowed 
 to read his evidence, he may refresh his memory by looking 
 at any writing made by himself (or, if not actually made 
 by himself, seen and examined) soon after the occurrence. 
 But it is essential to the reception of his evidence that, 
 having looked at the writing, he should be able to swear 
 to what happened /7'om his own recollection. The counsel 
 on the other side may cross-examine as to entries in a book 
 used to refresh the witness's memory ; but if he cross- 
 examines as to other entries in the same book, he makes 
 them his evidence. 
 
 Hearsay.— The evidence a witness must give is that 
 which is within his own knowledge. He cannot be allowed
 
 112 PRACTICE. 
 
 Evidence, to say what other people have tohl him they saw or heard, 
 the objections to such " hearsay," or " second-hand " evi- 
 dence being, it is said, first, that the person originally 
 statino- the facts did not state them under the sanction 
 of an oath ; and, secondly, that there has not been the 
 opportunity of cross-examining him on the subject. But 
 . although hearsay evidence is not generally allowed, there 
 are certain exceptions to the rule : — 
 
 (1.) It may be given respecting matters of public in- 
 terest ; 
 
 (2.) It is admissible in matters of pedigree ; 
 
 (3.) Or in favour of ancient documents Mdien tendered 
 support of ancient possession ; 
 
 (4.) Or of declarations made by persons since deceased 
 against their own interest ; 
 
 (5.) Or of declarations made by persons since deceased 
 in tlie ordinary course of their business ; 
 
 (6.) Or of dying declarations ; 
 
 (7.) Hearsay evidence may be given as to character ; 
 
 (8.) Or as part of the ren gestce {e.g., exclamations at 
 See lierj. v. the time of an assault). 
 
 iidd"il And it may be added that, whenever the bodily or 
 
 C-.C- C. ii-ieiital feelings of a person are material to be proved, the 
 usual expressions of such feelings, made at the time in 
 question, are admissible {a). 
 
 Dying declarations. — This branch of Hearsay Evidence 
 requires a word of separate notice. In order to be evi- 
 dence, four conditions must be complied with, viz. : — 
 
 (1.) The prisoner against whom the declaration is pro- 
 
 (a) The whole subject of Hearsay Evidence will be found somewhat 
 fully explained in the notes to the cases of Doe d. DkJshury v. Thomas; 
 Price V. Torrington; and Iliyham v. Iii(l;/wai/, in Shirley's Leading Cases, 
 pp. 241—249.
 
 PRACTICE. lis 
 
 posed to be given must be ou his trial for the mnrdor or Evidence, 
 manslaughter of the declarant. 
 
 (2.) At the time he made the declaration, the declarant 
 must have been in actual danger of death. 
 
 (3.) At the time he made the declaration, the declarant 
 must have given up all hope of recovery. 
 
 (4.) The declaration must have reference to the circum-- 
 stances of the transaction which resulted in the declarant's 
 death. 
 
 It may be added that the declaration must have been 
 made by a person who, if alive, would have been a compe- 
 tent witness against the prisoner. Thus, the dying decla- 
 ration of a child of four or five w^ould generally have to be 
 rejected. 
 
 As dying declarations are very anomalous and unsatis- 
 factory evidence, any circumstances which would render 
 them inadmissible are gladly caught at, and the conditions 
 just enumerated must be strictly complied with. The 
 most usual ground on which a dying declaration is set 
 aside is that the declarant in some way displayed an un- 
 willingness to die amounting to a faint hope of recovery. 
 Thus, a declaration made by a person in actual and immi- 
 nent danger of death to this effect : " I make the above 
 statement with the fear of death before me, and vAth no 
 hope at present of my recovery" has been held to be in- 
 admissible. Reg. V. 
 
 Character affords another important exception to the ^ r. i' 
 rule excluding hearsay. The prosecution cannot generally ^- ^'- ■'^• 
 call witnesses to show the prisoner's bad character. If, how- 
 ever, the prisoner tries to make out that his character is 
 good, they can; and when the prisoner is indicted for re- 
 ceiving stolen goods, proof of a previous conviction within 
 the preceding five years can be given. The prisoner in 
 
 I
 
 114 PRACTICE. 
 
 Evidence, his defence may call witnesses to speak to his good character. 
 They must not state particular facts, or their own opinions, 
 but simj)ly the general reputation the prisoner bears with 
 his neighbours for honesty, peaceableness, &c. Strictly, 
 this evidence entitles the prosecution to a reply ; but in 
 practice the right is not generally exercised. Counsel for 
 the prosecution, however, ought not to let evidence to 
 character pass without cross-examination, if he is in- 
 structed that the prisoner has committed acts inconsistent 
 with the character given him, or that the witnesses are 
 not sufficiently acquainted with his reputation. As to the 
 value of evidence to character, it may be remarked that it 
 ought only to be taken into account by the jury (except 
 as the foundation of a recommendation to mercy) in very 
 doubtful cases. In a clear case it should not be weighed 
 at all ; and, moreover, it must be remembered that many- 
 crimes {e.g. embezzlements) are of such a nature that they 
 can only be committed by persons of good character. It 
 is just the character that has given the prisoner his 
 opportunit3^ 
 
 It may be mentioned here that the opposite party can 
 always impeach the credit of a witness by calling persons 
 to swear that from their knowledge of his character they 
 believe him to be incapable of speaking the truth even 
 
 'Reg. v. when on his oath. 
 BfTown, 
 
 L. R. 1 Confessions. — V\ hatever a prisoner may have said on a 
 
 f C T? 
 
 ■ •■ former occasion relevant to the charge against him may 
 
 be utilised on his trial as evidence for the prosecution. 
 This is practically a very important branch of evidence, 
 since a very large proportion of prisoners convicted would 
 have got off if they could have kept their mouths shut. 
 It may be questioned, however, whether a jury is not dis- 
 posed generally to attach undue importance to admissions
 
 PRACTICE. 115 
 
 of this kind. Thus, if (to take an illustration within the Evidence, 
 author's own experience) a prisoner has, on being appre- 
 hended, turned to his wife and said, " Good-bye, lass, I 
 suppose they'll give me twelve months for this," this is 
 not necessarily an admission of guilt, however little faith 
 the words may show that the prisoner reposed in the 
 justice of his country's laws. In order that an admission 
 (not made before the magistrates) may be used against a 
 prisoner, it is necessary that it should have been made 
 freely and voluntarily. For this reason, a promise or threat 
 held out by a person having authority as an inducement 
 to confess prevents an admission made in consequence from 
 being received in evidence. If, for instance, a person hav- 
 ing authority had said to the prisoner, " Come, you had 
 better tell us all about it," his confession in consequence 
 would be inadmissible. If, however, his confession, though R. v. 
 made after it, was not made in consequence of the induce- 2 Deru 
 ment held out, but after it had ceased to operate, it would ^- ^' 
 be good evidence. In many cases it is matter for doubt 
 whether the person whose promise or threat has induced 
 the confession is or is not a " person in authority." The 
 prosecutor is clearly such a person. So are constables and 
 magistrates having charge of the case. So probably are 
 the chaplain and surgeon of the gaol in which the prisoner 
 is confined. The prisoner's master is a person in authority 
 only if it is against him that the crime has been com- 
 mitted. The inducement, however, to make a subsequent 
 confession inadmissible, must refer to a teinporal benefit 
 to be gained by the person requested to confess. If it 
 referred merely to the soothed and satisfactory condition 
 of his conscience after having so substantially strengthened 
 the case for the Crown {e.g., " Don't run your soul into more 
 sin, but tell the truth ;" " You had better, as good hoys, tell 
 
 T 2
 
 IIG PRACTICE. 
 
 Evidence, the truth ;" or, as in a tliird case, " Now, kneel down, I 
 am going to ask you a very serious question, and I 
 hope you will tell me the truth, in the presence of the 
 Almighty"), the admission will be good evidence. It is 
 probably also necessary tliat the inducement should 
 have special reference to the charge against the prisoner. 
 It should be added that it is not necessary to the 
 exclusion of a confession that the inducement should 
 have proceeded immediately from the person in autho- 
 rity himself If it was offered by somebody in his 
 presence, himself remaining silent, it will be sufficient. 
 An inducement of a temporal nature held out by a 
 person not in a position of authority is no ground of 
 exclusion ; nor is it a good objection that the admission 
 was won from the prisoner by treachery or trick, though, 
 of course, such a circumstance might diminish its value. 
 And though it is a very improper practice for policemen 
 and others in authority to cross-examine prisoners in 
 their custody in order to get evidence against them, 
 the impropriety of the practice does not prevent the 
 answers from being evidence. It is to be remarked, 
 . before taking leave of this subject, that though a con- 
 fession may be in itself inadmissible as having been 
 brought about by an inducement, yet proof may be given 
 of any discovery {e.g., of a lantern in a particular pond) 
 taking place in consequence. A confession is, generally 
 speaking, evidence against the person making it only, 
 and cannot be used against others. Thus, the confes- 
 sion of the principal is not evidence against the acces- 
 sory. But it seems that if two persons are charged with 
 a crime, and one of them makes an admission in the 
 presence and hearing of the other (when they are not 
 before a magistrate), it is evidence, though of doubtful
 
 PRACTICE. 117 
 
 value, against that other (a). An altogctlier dift'ci-ent Evidence, 
 kind of confession from that just dealt with is that 
 which is made before the committing magistrate after the 
 prisoner has been duly cautioned that anything he likes to 
 say about the case, if he chooses to say anything at all, 
 may be used against him at his trial. Whatever the 
 prisoner then says is written down, and attached to the 
 depositions. Counsel for the prosecution may make use 
 of such a statement, or not, at the trial, as he thinks 
 proper. 
 
 Depositions. — ]\Iost of the witnesses who appear at the 
 trial will have also given evidence before the magistrates. 
 But it often happens from the treachery of human memory, 
 or of the witness himself, that he says something quite 
 different at the trial from what he said at the preliminary 
 inquiry. Several ways are open to the cross-examining 
 counsel of taking advantage of inaccuracies of this kind. 
 He may, if he pleases, put the depositions in as his evi- 
 dence to contradict the witness. If he does not choose to 
 take this course, and so give his adversary the right of 
 reply, he may put the depositions into the witness's hand 
 and ask him whether, having read them, he adheres to 
 what he has just said ; but he may not state as a fact that 
 the depositions contradict. Or he may simply request the 
 court to look at the depositions, and leave further cross- 
 examination on the subject to come from that quarter. 
 
 Sometimes a witness who gave evidence before the 
 magistrates is prevented by illness from appearing at the 
 trial. If the prosecution can show by the evidence of 
 any one who knows (not necessarily a doctor) that the 
 
 («) Archb. dim. PL, p. 249, and see Bessela v. Stern, 46 L. J., where 
 rcnuiininy silent, when an indignant denial might have been expected, was 
 held evidence in support of a, promise to marry.
 
 118 PRACTICE. 
 
 Evidence, witness is 80 ill as not to be " able to travel," his deposi- 
 tion can be read in evidence, though, of course, it ought 
 not to have the same weight with the jury as if he had 
 actually appeared, and stood the test of cross-examination. 
 The illness must of course be of a very serious and pressing 
 character to justify the reading of a witness's deposition ; 
 and it has even been held that " illness from a confine- 
 ment is an ordinary state, and not such an illness as is 
 PerWilles, contemplated by the statute." The question is one for 
 \.' Walker ^'^ court, which has power, instead of allowing the depo- 
 1 F. & F. sjtion to be read, of postponing the case. 
 Rerj. V. It has been provided by statute that, when a person is 
 
 and Ref^. v! supposed to be in a dying state, he may make his deposi- 
 14 c'c^'c ^^"^ ^^ o^'^h before a magistrate, and in the presence of 
 the accused, and that this deposition after his death shall 
 be good evidence against the person accused. These 
 dying depositions must not be confused with the dying 
 declarations already alluded to. 
 
 Presumptions. — A presumption is where, certain facts 
 having been proved, another fact follows as a conclusion, 
 more or less jjrobable, from them. Presumptions are 
 generally divided into three classes, violent, "pvohahle, and 
 rash. But a more scientific division is into those — 
 
 (1.) juris et de jure, which are incapable of rebuttal. 
 e.g., that a child under seven cannot commit a crime ; 
 
 (2.) juris, in which evidence to the contrary is allowed, 
 e.g., that a child between seven and fourteen cannot commit 
 a crime ; and 
 
 (3.) facti (or nominis), which is not a presumption of 
 law like the other two, but of evidence. All the writers 
 on our law agree that presumptive evidence in criminal 
 cases is to be used with very great caution, and Sir Matthew 
 Hale has laid down two well-known rules on the subject ;
 
 PRACTICE. liy 
 
 VIZ., jii'st, never to convict a man for stealing the goods of Evidence, 
 a person unknown, merely because he will not say how he 
 came by them, unless an actual felony be proved of such 
 goods ; and, secondly, never to convict a person of murder 
 or manslaughter before the fact is proved to have been 
 done, or at least the body be found. 
 
 Punishnients. 
 
 Death. — The only crimes which can now be punished 
 with death are High Treason, Murder, Piracy with violence, 
 and Burning one of the Queen's ships, magazines, or 
 arsenals. 
 
 Penal Servitude. — The term of penal servitude varies 
 from five years to life, all the graver crimes (except 
 perjury) being punishable with penal servitude for life, 
 i.e., about thirty years' penal servitude. By good conduct 
 a convict may abridge his term by about one-fourth. 
 
 Imprisonment. — Except in a very few cases {e.g., in the 
 case of a libel with intent to extort money) the utmost 
 length of imprisonment that can be inflicted is two years. 
 The imprisonment may be either with or without hard 
 labour ; and when the court views a person convicted of a 
 misdemeanour with peculiar favour, it can direct him to 
 be treated as tx, first-class tnisclemieanant. Such a person, 
 although confined within the walls of his prison," is not to be 
 deemed to be a criminal prisoner. He is permitted to main- 
 tain himself, and to procure or receive, at proper hours, food, 
 wine, malt liquor, clothing, bedding, or other neces.saries; 
 but subject to examination and to such rules as may be • 
 approve(i by the visiting justices. He may be permitted 
 to work and follow his trade or profession, provided such
 
 120 PRACTICE. 
 
 Punish- employment does not interfere with the regulations of the 
 prison." It is difficult, however, to see why a criminal m 
 Dig. Crim. the enjoyment of robust health should be treated with 
 such tenderness as this merely on account of his wealth or 
 social standing {a). In some cases the court has power to 
 order that the prisoner during a portion of the term of his 
 imprisonment shall be kept in solitary confinement, so 
 that he may have a full opportunity for reflecting on the 
 errors of his ways. But while this punishment has a 
 tendency to tame, it is at the same time somewhat perilous 
 to reason, and accordingly it has been provided that no 
 prisoner can be kept in solitary confinement for more than 
 a month at a time, or for more than three months in any 
 one year. 
 
 Whipping. — In certain specified cases (e.g., for robbery 
 with violence, or on conviction for felony after a previous 
 conviction for felony) the court can order a male prisoner 
 of any age to be flogged. The number of strokes that 
 can be ordered in the case of a prisoner over sixteen years 
 of age is fifty at each operation, and the court can exercise 
 its discretion as to the instrument to be used. The flogging 
 may not take place after the expiration of six months from 
 the passing of the sentence, and, if the prisoner is sentenced 
 to a term of penal servitude, the flogging must be inflicted 
 before he is removed to a convict prison. The use of the 
 " cat," as the instrument with which men over sixteen are 
 generally flogged is called, has been found extremely effica- 
 cious in repressing crimes of lust and violence, and it is 
 to be hoped that no chicken-heartedness on the part of our 
 judges and recorders will jjrevent its frequent employment 
 
 (a) At the Cambridge Summer Assizes, ISSO, Pollock, B., declined to 
 direct an imdergraduate convicted of perjury under mitigating circum- 
 stances, and recommended to mercy, to be treated as a first-class misde 
 meanaat. Ber/. v. Nash.
 
 PRACTICE. 121 
 
 in the future. Those who inflict pain ought to be made Punish- 
 to feel it. Boys under sixteen can only be whipped with 
 a birch-rod, and only twenty-five strokes can be given. 
 Women (•: n never be whipped. 
 
 Reformatories. — When a child who, in the judgment 
 of the court that tries him, is under the age of six- 
 teen is convicted of any crime punishable by penal 
 servitude or imprisonment, instead of sending him to herd 
 with hardened criminals in an ordinary prison, the court 
 may send him to a reformatory school, for not less than 
 two years nor for more than five, where it is to be hoped 
 he will learn a trade and better ways. Industrial schools 
 are somewhat similar institutions, but are intended for 
 younger children and those who have not committed such 
 grave crimes. 
 
 Fines. — The punishment of fining is only imposed in the 
 lighter kinds of cases, or in addition to the term of im- 
 prisonment. Sometimes the amount of the fine is settled 
 by the statute governing the particular case. When it is 
 not, the only rule on the subject is that (by virtue of the 
 Bill of Rights) the fine must not be excessive, having 
 regard to the condition and circumstances of the offender. 
 
 Costs. — Persons convicted of Treason or Felony may be 
 ordered by the court to pay the costs of the prosecution. 
 There is no such rule as to misdemeanours generally, but a 
 person convicted of an assault may be condemned in costs. 
 
 Punishments after previous convictions. — Much heavier 
 sentences can be passed on prisoners who have been pre- 
 viously convicted than on those who come up for judgment 
 for the first time. For instance, for simple larceny by itself 
 the most the prisoner can get is five years' penal servitude. 
 But if he is convicted of simple larceny after having been 
 previously convicted of felony, he can be sentenced to ten
 
 gJ^isLAjJL 
 
 122 PRACTICE. 
 
 Punish- years' penal servitude, while the, least term of penal servi- 
 ^^^^^- tude he can be sent for is seven years. And, generally, a 
 prisoner convicted for the second time of a felony can be 
 sentenced to penal servitude for life. Another kind of 
 punishment that can be inflicted on persons who have been 
 previously convicted of crime is that at the expiration of 
 the sentence now passed on them they be under the super- 
 vision of the police for any period not longer than seven 
 years. A person under police supervision must notify all 
 changes of address to the police authorities, and must 
 report himself every month at the district office.
 
 APPENDIX. 
 
 42 & 43 Vict. c. 49, ss. 10—17 («). 
 
 10. (1.) Where a child is charged before a court of summary juris- Summary 
 diction with any indictable offence other than homicide, the court, „)j-ijj.gj, 
 if they think it expedient so to do, and if the parent or guardian of for indict- 
 the child so charged, when informed by the court of his right to able 
 have the child tried by a jury, does not object to the child being ^^^^^^ ' 
 dealt with summarily, may deal summarily with the ofifence, and objected to 
 inflict the same description of pimishment as might have been by parent 
 inflicted had the case been tried on indictment : euardiau 
 
 Provided that — 
 
 (a.) A sentence of penal servitude shall not be passed, but imprison- 
 ment shall be substituted therefor ; and 
 (b.) Where imprisonment is awarded, the term shall not in any 
 
 case exceed one month ; and 
 (c.) Where a fine is awarded, the amount shall not in any case 
 
 exceed forty shillings ; and 
 
 (d.) When the child is a male the court may, either in addition to 
 
 or instead of any other punishment, adjudge the child to be, 
 
 as soon as practicable, privately whipped with not more than 
 
 six strokes of a birch rod by a constable, in the presence of 
 
 an inspector or other officer of police of higher rank than a 
 
 constable, and also in the presence, if he desires to be present, 
 
 of the parent or guardian of the child. 
 
 (2.) For the purpose of a proceeding under this section, the court 
 
 of summary jurisdiction, at any time during the hearing of the case 
 
 at which they become satisfied by the evidence that it is expedient to 
 
 (a) It is thought that it may be useful, as the statute is so recent, to set 
 forth in an Appendix those sections of the Summary Jm-isdiction Act, 1879, 
 which are more immediately concerned with indictable offences.
 
 124 
 
 APPENDIX. 
 
 Summary 
 
 trial with 
 
 consent 
 
 of young 
 
 persons 
 
 (jvivenile 
 
 offenders). 
 
 deal with the case suimnarily, shall cause tlie charge to be reduced 
 into writing and read to the parent or guardian of the child, and 
 then address a question to such parent or guardian t(3 the following 
 effect : " Do you desire the child to be tried by a jury, and object to 
 the case being dealt with summarily % '' with a statement, if the 
 court think such statement desirable for the information of such 
 parent or guardian, of the meaning of the case being dealt with 
 summarily, and of the assizes or sessions (as the case may be) at 
 which the child will be tried if tried by a jury. 
 
 (3.) Where the parent or guardian of a child is not present when 
 the child is charged with an indictable offence before a court of 
 summary jurisdiction, the court may, if they think it just so to do, 
 remand the child for the piirpose of causing notice to be served on 
 such parent or guardian, with a view so far as is practicable of 
 securing his attendance at the hearing of the charge, or the court 
 may, if they think it expedient so to do, deal with the case summarily. 
 
 (4.) This section shall not prejudice the right of a court of sum- 
 mary jurisdiction to send a child to a reformatory or industrial school. 
 
 (5.) This section shall not render punishable for an offence any 
 child who is not, in the opinion of the court before whom he is 
 charged, above the age of seven years and of sufficient capacity to 
 commit crime. 
 
 11. (1.) Where a young person is charged before a court of sum- 
 mary jurisdiction with any indictable offence specified in the first 
 column of the First Schedule to this Act, the coiu't, if they think 
 it expedient so to do, having regard to the character and antecedents 
 of the person charged, the nature of the offence, and all the circum- 
 stances of the case, and if the young person charged wit]i the offence, 
 when informed by the court of his right to be tried by a jury, con- 
 sents to be dealt with summarily, may deal summarily with the 
 offence, and in their discretion adjudge such person, if found guilty 
 of the offence, either to pay a fine not exceeding ten pounds, or to be 
 imprisoned, with or without hard labour, for any term not exceeding 
 three months ; and if the yoimg person is a male, and, in the opinitm 
 of the coiirt, under the age of foui'teen years, the court, if they 
 think it expedient so to do, may, either in substitution for or in 
 addition to any other punishment under this Act, adjudge such young 
 person to be, as soon as pi-acticable, privately whipped with not more 
 than twelve strokes of a birch rod by a constable, in the presence of 
 an inspector or other officer of police of higher rank than a constable, 
 and also in the presence, if he desires to be present, of the parent or 
 guardian of such young person.
 
 APPENDIX. 125 
 
 (2.) For the purpose of a procee'linp; under this section, the court, 
 at any time during the hearing of the case at which they become 
 satistied by the evidence that it is expedient to deal with the case 
 summarily, shall cause the charge to be reduced into writi .g and 
 read to tlie young person charged, and then address a question ,o him 
 to the following effect : "Do you desire to be tried by a jury, or 
 do you consent to the case being dealt with summarily ?" with a 
 statement, if the court think such statement desirable for the 
 information of tlie young person to whom the question is addressed, 
 of the meaning of the case being dealt with summarily, and of the 
 assizes or sessions (as the case may be) at which he will be tried if 
 tried by a jury. 
 
 (3.) This section shall not prejudice the right of a court of sum- 
 mary jurisdiction to send a young person to a reformatory or an 
 industrial school. 
 
 12. Where a person who is an adult is charged before a court of Summary 
 
 summary jurisdiction with any indictable offence specified in the ^"'''^ ^^* , 
 , ' , p 1 T^- n 1 1 1 1 • . 1 •!• 1 consent of 
 
 second column of the Y irst bchedule to this Act, tlie court, it they adult. 
 
 think it expedient so to do, having regard to the character and 
 
 antecedents of the person charged, the nature of the offence, and all 
 
 the circumstances of the case, and if thie person charged with the 
 
 offence, when informed by the court of his right to be tried by a 
 
 jury, consents to be dealt with summarily, may deal summarily with 
 
 the offence, and adjudge such person, if found guilty of the offence, 
 
 to be imprisoned, with or without hard labour, for any term not 
 
 exceeding three months, or to pay a fine not exceeding twenty 
 
 pounds. 
 
 For the purpose of a proceeding under this section, the court, at 
 
 any time during the hearing of the case at which they become 
 
 satisfied by the evidence that it is expedient to deal with the case 
 
 summarily, shall cause the charge to be reduced into writing and 
 
 read to the ^ierson charged, and then address a question to hiiu to 
 
 the following effect : " Do you desire to be tried by a jury, or do you 
 
 consent to the case being dealt with summarily ? " with a statement, 
 
 if the court think such statement desirable for the information of 
 
 the person to whom the c^uestion is addressed, of the meaning of the 
 
 case being dealt with summarily, and of the assizes or sessions (as the 
 
 case may be) at which he will be tried if tried by a jury. 
 
 13. (1.) Where a person who is an adult is charged before a court Summary 
 of summary jurisdiction with an indictable offence which is specified conviction 
 in the first column of the First Schedule to this Act, and is not com- o-uiity'of 
 prised in the second column of that schedule, and the court at any adidt.
 
 126 APPENDIX. 
 
 time during the hearing of the case become satisfied that the evidence 
 is sufficient to put tlie person cliarged on his trial for the said offence, 
 and further are satisfied (eitlier after such a remand as is provided by 
 this Act or otherwise) that the case is one which, having regard to 
 the character and antecedents of the person charged, the nature of 
 the offence, and all the circumstances of the case, may properly be 
 dealt with summarily, and may be adecpiately punished by virtue of 
 the powers of this Act, then the court shall cause the charge to be 
 reduced into writing and read to the person charged, and shall then 
 ask him whether he is guilty or not of the charge ; and if such person 
 says that he is guilty, the court shall thereupon cause a plea of guilty 
 to be entered, and adjudge him to be imprisoned, with or without 
 hard labour, for any term not exceeding six months. 
 
 (2.) The court, before asking, in pursuance of this section, the 
 person charged whether he is guilty or not, shall explain to him that 
 he is not obliged to plead or answer, and that if he pleads guilty he 
 will be dealt with summarily, and that if he does not plead or answer, 
 or pleads not guilty, he will be dealt with in the usual course ; with 
 a statement, if the coiirt thinks such statement desirable for the 
 information of the person to whom the question is addressed, of the 
 meaning of the case being dealt with summarily or in the usual 
 course, and of the assizes or sessions (as the case may be) at which 
 such person will be tried if tried by a jury. The court shall further 
 state to such person to the effect that he is not obliged to say any- 
 thing unless he desires to do so, but that whatever he says will be 
 taken down in writing, and may be given in evidence against him 
 upon his trial, and shall give him clearly to understand that he has 
 nothing to hope from any promise of favour, and nothing to fear from 
 any threat which may have been held out to him to induce him to 
 make any admission or confession of his guilt, but that whatever he 
 then says may be given in evidence against him upon his trial, not- 
 withstanding such promise or threat. 
 
 (3.) If the prisoner does not plead guilty, whatever he says in 
 answer shall be taken down in writing and read over to him, and 
 signed by a justice constituting or forming part of the court, and 
 kept with the depositions of the witnesses, and transmitted with 
 them in manner required by law, and afterwards upon the trial of the 
 prisoner may, if necessary, be given in evidence against him without 
 further proof thereof, unless it is proved that the justice purporting 
 to have signed the same did not in fact sign the same. 
 ReHtric- 14. Where a person who is an adult is charged before a court 
 
 tion on pf s^n^inary iurisdiction with any indictable offence specified in the 
 summary '
 
 APPENDIX. 127 
 
 First Schedule to this Act, and it appears to the court that the dealing 
 offence is one which, owina; to a previous conviction on indictment of ^Y^ adult 
 the person so charged, is punishable by law with penal servitude, the with in- 
 court shall not deal with the case summarily in pursuance of this Act. dictable 
 
 15. A child on summary conviction for an offence punishable on '^' ^"^^J- 
 summary conviction under this Act, or under any other Act, whether .j^j^ ' 
 past or future, shall not be imprisoned for a longer period than one punish- 
 month, nor fined a larger sum than forty shillings. ment of 
 
 16. If upon the hearing of a charge for an offence punishable on yumnjarv 
 
 summary conviction under this Act, or under any other Act, whether offence. 
 
 past or future, the court of summary jurisdiction think that though Power of 
 
 the charge is proved the offence was in the particular case of so trifling c<iurt to 
 
 dischar'^'G 
 a nature that it is inexpedient to inflict any punishment, or any other accused" 
 
 than a nominal punishment, — without 
 
 (1.) The court, without proceeding to conviction, may dismiss the P^"'^'^* 
 information, and, if the court think fit, may order the person 
 charged to pay such damages, not exceeding forty shillings, and 
 such costs of the proceeding, or either of them, as the court 
 think reasonable ; or, 
 (2.) The court upon convicting the person charged may discharge 
 him conditionally on his giving security, with or without 
 sureties, to appear for sentence when called upon, or to be of 
 good behaviour, and either without payment of damages and 
 costs, or subject to the payment of such damages and costs, or 
 either of them, as the court think reasonable : 
 Provided that this section shall not apply to an adult convicted in 
 
 pursuance of this Act of an offence of which he has pleaded guilty, 
 
 and of which he could not, if he had not pleaded guilty, be convicted 
 
 by a court of summary jurisdiction. 
 
 17. (1.) A person when charged before a court of summary juris- Eight to 
 diction with an offence, in respect of the commission of which an claim trial 
 offender is liable on summary conviction to be imprisoned for a term ^^gg qJ 
 exceeding three months, and which is not an assault, may, on appear- offences 
 ing before the court and before the charge is gone into but not after- otherwise 
 wards, claim to be tried by a jury, and thereupon the court of sum- gm^. 
 mary jurisdiction shall deal with the case in all respects as if the marily. 
 accused were charged with an indictable offence and not with an 
 
 offence punishable on summary conviction, and the offence shall as 
 respects the person so charged be deemed to be an indictable offence, 
 and, if the person so charged is committed for trial, or bailed to 
 appear for trial, shall be prosecuted accordingly, and the expenses of 
 the prosecution shall be payable as in cases of felony.
 
 128 APPENDIX. 
 
 (2.) A court of summary jurisdiction, before the charge is gone 
 into in resj^ect of an offence to which this section applies, for the 
 purpose of informing the defendant of his right to be tried by a jury 
 in pursuance of this section, shall address him to the following effect : 
 " You are charged with an offence in respect of the commission of 
 which you are entitled, if you desire it, instead of being dealt with 
 summarily, to be tried by a jury ; do you desire to be tried by a 
 jury 1" with a statement, if the coTirt tliink such statement desirable 
 for the information of the person to whom the question is addressed, 
 of the meaning of being dealt with summarily, and of the assizes or 
 sessions (as the case may be) at which such person will be tried if 
 tried by a jury. 
 
 (3.) This section shall not apply to the case of a child unless the 
 parent or guardian of the child is present ; but the court shall 
 ascertain whether the parent or guardian of the child is present, and 
 if he is, shall address the above question to such parent or guardian, 
 and the claim under this section may be made by such parent or 
 guardian. 
 
 N.B. — For the purposes of this Act, "child" means a person 
 xmd&r tivelve; "young person" means hetiveen twelve and sixteen; 
 wliilst all over sixteen are "adults."
 
 1 N 1) K X 
 
 PAfiK 
 
 ABANDONING CHILDREN 43 
 
 ABDUCTION 
 
 of girls under sixteen ........ 10 
 
 of other women .......... ih. 
 
 ABOMINABLE CRIME 17 
 
 ABORTION, 
 
 administering poison, &o., to procure ...... 41 
 
 killing while endeavouring to procure ..... 34 
 
 ACCESSORIES 2 
 
 ACCIDENT, 
 
 homicide by ......... . 34 
 
 ACCOMPLICE, 
 
 value of testimony of . . . . . . . . lOS 
 
 kind of corroboration rei[uired ....... ib. 
 
 ACCUSING OF CRIME. Sec Threats 65 
 
 ACQUITTAL, 
 
 effect of ; . . . . 105 
 
 ADMINISTERING POISONS, &c 41 
 
 ADMISSIONS. See Cojjfessions 114 
 
 ADULTERER, 
 
 killing of, by husband ........ 35 
 
 larceny by .......... 55
 
 1 .so INDEX. 
 
 PAGE 
 
 AFFRAY 10 
 
 AIDERS AND ABETTORS 2 
 
 AMENDMENT OF INDICTMENT 91 
 
 ANIMUS FURANDI, 
 
 necessary to j^rove, in larceny ....... 52 
 
 APPRENTICES, 
 
 ill-treatment of ......... 43 
 
 ARSON 70 
 
 ASPORTATION, 
 
 in larceny, what amounts to ...... . 53 
 
 ASSAULT, 
 
 common ........... 37 
 
 aggravated .......... 40 
 
 indecent ........... 48 
 
 ASSEMBLY, 
 
 unlawful ........... 9 
 
 ASSIZES, 
 
 offences triable at ........ . 83 
 
 ATHEIST, 
 
 evidence of .......... 107 
 
 ATTEMPT 3 
 
 conviction for, on indictment charging- full offence ... 92 
 
 ATTENDANCE. OF WITNESS, 
 
 how enforced .......... 109 
 
 AUTERFOIS ACQUIT, 
 
 plea of ... 95 
 
 AVOWTERER 55 
 
 BAIL, 
 
 in what cases not allowed ........ 85 
 
 BAILEE, 
 
 larceny liy .......... 53 
 
 larceny from .......... .^)5
 
 INDEX. 1:}1 
 
 BANKRUPT LAWS, 
 
 offences against ......... 72 
 
 BATTERY, 
 
 how it differs from assault ........ 37 
 
 BAWDY-HOUSE, 
 
 a nuisance 
 
 28 
 
 wife may be indicted jointly with lnis])atid for keeping . . 78 
 
 BEGGING LETTER, 
 
 false statements in ........ ■ 61 
 
 BESTIALITY 17 
 
 BIGAMY 20 
 
 BINDING OVER WITNESSES S.') 
 
 BIRTH, CONCEALMENT OF 18 
 
 BLASPHEMOUS LIBEL -2(5 
 
 BODILY HARM, 
 
 causing grievous ......... 10 
 
 causing actual .......... \-l 
 
 BREACH OF PRISON 17 
 
 BREAKING. See Buugl.vry ......... 66 
 
 BUGGERY 17 
 
 BURGLARY . . ' 66 
 
 BURNING. /Sfc Arson 70 
 
 CAPITAL PUNISHMENT, 
 
 for what crimes inflicted . . . . . . . . 119 
 
 CARNAL KNOWLEDGE 14, 47 
 
 CARRIAGE, 
 
 doing bodily hann'by fiu'iously driving ..... 43 
 
 K 2 
 
 i
 
 132 
 
 L\'DEX. 
 
 CARRYING AWAY, 
 
 proof of, in larceny 
 
 CENTRAL CRIMINAL ('OTTRT, 
 
 jurisdiction of . 
 
 PAGE 
 
 53 
 82 
 
 CERTIORARI, 
 
 renKjval of case by 
 
 81 
 
 CHALLENGE, 
 
 of jurors 
 to fclit 
 
 97 
 10 
 
 CHARACTER, 
 
 of prisoner 
 
 of witness . 
 
 of prosecutrix, in rajje 
 
 CHEATING .... 
 
 113 
 
 109, 114 
 
 46 
 
 30 
 
 CHEQUE, 
 
 giving, on bank wliere drawer has no account 
 
 CHILDREN, 
 
 how far, may commit crimes 
 
 when they are com.pctent witnesses 
 
 abandoning or exposing 
 
 carnally abusina: 
 
 concealment of births of 
 
 fctealing 
 
 siibnii.-bioii of, to assault 
 
 CHOSES IN ACTION, 
 larceny of . 
 
 CHRISTIANITY, 
 
 writing against . 
 
 CHURCHES, 
 
 feloniously entering' . 
 
 CIRCUITS .... 
 
 CLAIM OE RIGHT, 
 
 no larceny when, made 
 
 CLERK, 
 
 embezzlement by 
 COINAGE OFFENCES 
 
 62 
 
 107 
 43 
 47 
 18 
 19 
 48 
 
 51 
 2(3 
 
 67 
 
 82 
 
 51 
 
 58 
 21
 
 INDEX. ]:}:] 
 
 I'AflK 
 
 oulle(;k, 
 
 cliaiubers iu, may bu bnr},fl;<n(.usly entered .... fj7 
 
 COMMENCEMENT OF INDICTMENT Sli 
 
 COMMITTAL, 
 
 of accused fur tiial ......... 84 
 
 COMMON ASSAULTS :;7 
 
 COMMON NUISANCES 28 
 
 COMPASSIXCt QUEEN'S DEATH ....... 7 
 
 COMPETENCY OF WITNESSES. -See Witnrsse.s . . . . ]OiJ 
 
 COMPOUNDING CRIMES 15 
 
 CONCEALMENT OF BIRTH 18 
 
 CONCLUSION OF INDICTMENT 89 
 
 CONFESSIONS Ill 
 
 CONFINEMENT, 
 
 solitary ........... 120 
 
 CONSPIRACY 27 
 
 CONSTABLE, 
 
 refusing to assist ......... 10 
 
 CONSTRUCTIVE TAKING, 
 
 in larceny ........... 52 
 
 CONTRIBUTORY NEGLIGENCE, 
 
 no defence to indictment for manslaughter .... 36 
 
 convic;tion, previous, 
 
 of witness ........... log 
 
 of prisoner .......... 10.3 
 
 coroner, 
 
 his office and court ......... 86 
 
 inquisition of ......... . /ft. 
 
 COSTS, 
 
 prisoner sometimes may be ordered to pay . . . . \-i\ 
 
 prosecixtor may be ordered to pay, when ..... 86
 
 134 IMJEX. 
 
 I'AGE 
 
 COUNSEL, 
 
 defence by, in treason ........ 8 
 
 communications to, privileged ....... 108 
 
 conduct of case by ........ . 99 
 
 COUNT IN AN INDICTMENT 88 
 
 COUNTERFEIT COIN 21 
 
 COURTS HAVING CRIMINAL JURISDICTION .... 81 
 
 CREDIT or WITNESSES lu9, 114 
 
 CREDITORS, 
 
 defraudino-. .......... 72 
 
 CRIME, 
 
 what is a .......... . 1 
 
 excuses for .......... 77 
 
 CROSS-EXAMINATION 99, 109 
 
 CROWN CASES RESERVED, 
 
 Court for ........... 105 
 
 DAMAGING. See Malicious Mischief 70 
 
 DEAD BODIES, 
 
 not the subject of larceny ........ 51 
 
 DEATH, 
 
 puui.shment of . . . . . . . . . . 119 
 
 sometimes presumed after absence of seven years ... 20 
 
 DEBTORS, 
 
 fraudulent ........... 72 
 
 DECEASED PERSON, 
 
 depositions of . . . . . . . • • • 118 
 
 dying declarations by . . . . . . • • 112 
 
 libel on .......... • 23 
 
 DEFACING COIN 23
 
 INDEX. 135 
 
 PAGU 
 
 DEFECTS, 
 
 formal, apparent on face of indictment ..... 90 
 
 amendment of ......... . 91 
 
 substantial, in indictment ......••_ 95 
 
 how taken advantage of ....... 90, 95, 104 
 
 DEFENCE, 
 
 conduct of .......... • 100 
 
 See Self DEFENCE 38 
 
 DEFILE, 
 
 consi^iracy to ......... . 27 
 
 DEMANDING, 
 
 money, &c., with menaces ........ 65 
 
 See Robbery 63 
 
 DEMURRER, 
 
 what objections should be taken by ..... . 95 
 
 DEPOSITIONS, 
 
 what they are .......... 85 
 
 when admissible in evidence at trial . . . . . . 117 
 
 DESTROYING. See Malicious Mischief 70 
 
 DETAINER, 
 
 forcible, what it is . . . . . . . . . 10 
 
 DIRECTORS. See Officers of Public Companies .... 60 
 
 DISORDERLY PLACES 
 
 of entertainment ......... 28 
 
 DOGS, 
 
 no crime to obtain, by false pretences ..... 61 
 
 DRILLING, 
 
 illegal 8 
 
 DRIVING, 
 
 negligent ........... 4-3 
 
 DRUG, 
 
 administei-ing, with intent to commit indictable offence . . 41 
 
 DRUNKENNESS, 
 
 whether an excuse for crime . 80
 
 I ,SG 
 
 /A7)/-X. 
 
 DUTMCITY IN INDICTIMI^NTS . 
 
 DURESS 
 
 DWELLING HOUSE. See r.rn(;i.AiiY, Ausi.n 
 
 89 
 
 80 
 6(5, 70 
 
 DYING DECLARATIONS, 
 
 when received in evidence . 
 
 112 
 
 EMBEZZLEMENT, 
 
 by clerk or .serv ant 
 
 by bankers, &c. . 
 
 by officers of public coniiianiea 
 
 58 
 ()(J 
 ib. 
 
 EMISSION, 
 
 not necessary to prove, in rap 
 
 ENTRY, 
 
 forciljle 
 
 what, in burglary 
 
 10 
 
 fi7 
 
 ERROR, WRIT OF 
 ESCAPE 
 
 105 
 17 
 
 EVIDENCE, 
 
 general rules 
 
 admissions and confessions 
 
 hearsay 
 
 of former conviction . 
 
 ficf YV^ITNESSES . 
 
 110 
 114 
 111 
 103, 109 
 106 
 
 EXAMINATION, 
 in chief 
 
 cross-examination 
 le-examination . 
 
 99 
 ib. 
 ib. 
 
 EXCUSE FOR CRIME 
 EXPENSES OF WITNESSES 
 
 77 
 109 
 
 EXPOSING 
 
 child under two 
 
 for sale food unfit for C'ln.^unipticn 
 
 43 
 
 2S
 
 L\i)j-:x. 
 
 1:57 
 
 EXPOaUliE, 
 
 indecent 
 
 EXTOUTION BY TiriiKATS 
 
 FALSE ACCOUNTING 
 FALSE IMPRISONMENT . 
 FALSE PRETENCES . 
 FEAR. Sec Robbery . 
 
 puy costs 
 
 FELONY, 
 
 attempt to commit .... 
 accessory to .... . 
 
 forfeiture on conviction for, abolished 
 whether new trial in cases of 
 person convicted of, mny be condemned to 
 compovmding ..... 
 misprision of .... . 
 indictment for ..... 
 previous conviction for 
 
 FIAT OF ATTORNEY-GENERAL FOR WRIT OF ERROR 
 FIGHT, 
 
 
 m 
 
 39 
 
 til 
 63 
 
 3 
 
 2 
 
 1 
 
 1U6 
 
 121 
 
 15 
 
 16 
 
 89 
 
 121 
 
 105 
 
 10 
 
 challenging to . . . . ' . 
 
 See Assault, Homicide 37, 33 
 
 FINDING, 
 
 larceny by 
 
 FINES 
 
 FIRE. Sec Akson 
 FORCIBLE ENTRY . 
 FORCIBLE DETAINER . 
 
 FOREIGN ENLISTMENT ACT 
 
 FOREIGN COIN, 
 
 counterfeiting, &c. 
 
 FORGERY 
 
 52 
 121 
 70 
 10 
 10 
 8 
 
 21 
 68
 
 138 INDEX. 
 
 PAGK 
 
 FOEMAL DEFECTS 
 
 apparent on face of indictment ...... 90 
 
 FOX'S ACT. ,SVe Libel 2.5 
 
 FRAUD, 
 
 bankrupt obtaining credit by ...... . 73 
 
 FRAUDS BY BANKERS, &c CO 
 
 FRAUDULENT BANKRUPTCY. See Bankrupt Laws . . 72 
 
 FURIOUS DRIVING 43 
 
 GAME, 
 
 being armed in pur.suit of . ....... 11 
 
 GAMING-HOUSES 28 
 
 GAOL DELIVERY 83 
 
 GIRL, 
 
 under sixteen, abduction of ...... _ jg 
 
 being heiress under twenty-one, abduction of . . . . ,7^_ 
 
 under twelve, carnally knowing ...... 47 
 
 between twelve and thirteen, carnally knowing .... ^'J. 
 
 GRAND JURORS 
 
 87 
 
 GRIEVOUS BODILY HARM, 
 
 what constitutes ••....... 42 
 
 wounding, &c., with intent to do . . . . . _ ^q 
 
 GUILTY KNOWLEDGE, HOW PROVED, 
 
 in forgery gg 
 
 in receiving stolen goods ........ 57 
 
 in false pretences ••••..... (53 
 
 GUNS. <S'ee Sprtng-Guns 42 
 
 HABEAS CORPUS AD TESTIFICANDUM 108 
 
 HARBOURING FELONS 2
 
 INDEX. 130 
 
 PAGE 
 
 HARD LABOUR ll'j 
 
 HEARSAY EVIDENCE 109 
 
 HIGH SEAS. Sec Piracy 29 
 
 HIGHWAY, 
 
 nuisance to ......... . 28 
 
 HOMICIDE 33 
 
 HORSE, 
 
 larceny of .......... . 55 
 
 HOUSE. &e Burglary, Arson 66, 70 
 
 HOUSEBREAKING 67 
 
 HUSBAND, 
 
 coercion of wife by ........ . 78 
 
 cannot be witness for his wife ....... 106 
 
 may justify battery in defence of wife ..... 39 
 
 sight of act of adultei-y by wife, how far provocation to . . 34 
 
 IDIOT, 
 
 whether capable of crime ........ 79 
 
 IGNORANCE, 
 
 when an excuse for ci'ime ........ 78 
 
 IGNORING BILL BY GRAND JURY 88 
 
 ILLEGAL DRILLING 8 
 
 ILLNESS DURING TRIAL, 
 
 of prisoner ........... 97 
 
 of ^\dtness . . . . . . . . . . . 117 
 
 IMMORAL PUBLICATION 26 
 
 IMPLEMENTS OF HOUSEBREAKING, 
 
 being in possession of ....... . 68
 
 140 INDEX. 
 
 PACE 
 
 IMPORTING COUNTERFEIT COIN 23 
 
 IMPRISONMENT. Stc False Imprisonment 39 
 
 INCITING 3 
 
 INCOMPETENCY OF WITNESSES. &e Witnesses ... 106 
 
 INDECENCY, 
 
 public 29 
 
 INDECENT ASSAULT 48 
 
 INDECENT LIBEL 26 
 
 INDICTMENT, 
 
 how found .... 
 specimen .... 
 joinder of several defendants 
 joinder of several offences . 
 motion to quash 
 demurrer to ... . 
 See Vexatious Indictments Act 
 
 87 
 i'2 
 
 90 
 88 
 90 
 95 
 
 85 
 
 INDUSTRIAL SCHOOLS 121 
 
 INFAMOUS CRIMES, 
 
 threatening to accuse of . . ...... t)5 
 
 INFANT, 
 
 criminal responsibility of . . . . . . . . 77 
 
 may be a witness . . . . . . . . . In/ 
 
 neglect to provide for ........ 43 
 
 INFORMATION, 
 
 ex officio ........... 87 
 
 by master of Crown Office ........ 87 
 
 INJURIES. See Malicious Mischief, Assault 70, :J7 
 
 INNOCENCE, 
 
 presumption of ......... 99 
 
 INNOCENT AGENT, 
 
 commission of crime by ....... . 2 
 
 INQUISITION. See Coronek's Inquisition 86
 
 INDEX. 141 
 
 PAfiE 
 
 INSANITY 79 
 
 INTENTION TO COMMIT CRIME 3 
 
 JOINDER, 
 
 of several defendants in one indictment ..... 90 
 
 of several offences in one count. Sec Duplicity ... 89 
 
 of several offences in different counts. ..... 88 
 
 JOINT OWNER, 
 
 larceny by .......... . 55 
 
 JUDGMENT, 
 
 arrest of .......... . 104 
 
 power of Court of Error to alter ...... 105 
 
 JURISDICTION, 
 
 plea to .......... . 94 
 
 JURORS. Sec Challenge, Grand Jurors, Jury ... 87, 97, !>8 
 
 JURY, THE 98 
 
 JUSTICE OF PEACE. See Magistrates 84 
 
 JUSTIFIABLE HOMICIDE -33 
 
 KILLING. See Homicide 
 
 33 
 
 KNOWLEDGE, 
 
 guilty, in forgery 
 
 guilty, in receiving stolen goods 
 
 Sec Carnal Knowledge . 
 
 69 
 57 
 44 
 
 LARCENY .... 
 
 in the dwelliug-house 
 
 by partner or joint owner 
 
 by bailee . 
 
 from a bailee 
 
 by servant . 
 
 by avowterer 
 
 of post-letters, &c. 
 
 51 
 55 
 ib. 
 53 
 55 
 52 
 55 
 ih.
 
 142 
 
 INDEX. 
 
 LEADING QUESTIONS, 
 
 when allowed 
 
 where witness is hostile 
 
 no 
 
 111 
 
 LETTERS, THREATENING 
 
 11 
 
 LEVYING WAR 
 LIBEL . 
 
 in newspapers . 
 bla'^phemons and indecent . 
 Campbell's Act, relating to 
 Fox's Act, relating to 
 
 23 
 24 
 26 
 24 
 
 LORDS, HOUSE OF 
 
 81 
 
 LOST GOODS, 
 
 larceny of 
 
 LUNATIC, 
 
 when capable of crime 
 when competent as a witness 
 
 79 
 
 107 
 
 MAGISTRATE, 
 
 summary jurisdiction of 
 certificate of, upon an assault 
 slander upon .... 
 
 84 
 39 
 26 
 
 MAIM, 
 
 meaning of ... 
 
 shooting, &c., with intent to 
 
 40 
 40 
 
 MAIMING CATTLE 
 
 71 
 
 MALICE, 
 
 legal sense of the word 
 
 in libel 
 
 in murder . 
 
 in aggravated assaults 
 
 in arson 
 
 4 
 
 24 
 34 
 40 
 70 
 
 MALICIOUS MISCHIEF 
 MANSLAUGHTER . 
 
 70 
 
 35
 
 INDEX. 
 
 UP. 
 
 MARRIAGE OF WIFJ:, 
 
 when she need not prove it strictly 
 -See Bigamy .... 
 
 20 
 
 MARRIAGE LICENSE, 
 
 false swearing before surrogate in order to get 
 
 MARRIED WOMAN. ,S'ec Wife 
 
 14 
 
 78, 106 
 
 MASTER, 
 
 may correct scholar . 
 may defend his servant 
 neglect of apprentice by 
 
 36 
 39 
 43 
 
 MENACES, 
 
 demanding money, &c., with 
 
 65 
 
 MISADVENTURE, 
 
 homicide by ... . 
 
 MISCARRIAGE, 
 
 attempt to jarocure 
 
 MISCHIEF. -Sec Malicious Mischief 
 
 34 
 
 41 
 70 
 
 MISDEMEANOUR, 
 
 compounding 
 
 no accessories in 
 
 attempt to commit 
 
 challenge of jui'ors in 
 
 indictment for . 
 
 conviction for, on indictment for felony 
 
 MISJOINDER 
 
 of counts ...... 
 
 of defendants ..... 
 
 MISPRISION 
 
 16 
 3 
 
 ih. 
 
 97 
 
 88 
 
 41, 92 
 
 89 
 90 
 
 7, 16 
 
 MURDER . 
 
 attempts to 
 
 34 
 
 35 
 
 MUTE, 
 
 standing, of malice . 
 
 96 
 
 MUTINY, 
 
 inciting to 
 
 NECESSITY, 
 
 commission of crime through 
 
 SO
 
 144 INDEX. 
 
 NEGLECT, 
 
 endangering safety of railway passeiigers by . . .42 
 
 drivers of carriages causing bodily harm Ijy . . . . 43 
 
 of apprentices .......... ib. 
 
 of chddren under fourteen ....... 44 
 
 NEGLIGENCE, 
 
 causing death by ........ . 36 
 
 NEW TRIAL 105 
 
 NEWSPAPERS, 
 
 libels in .......... . 24 
 
 NIGHT, 
 
 poaching ........... 11 
 
 what in burglary ......... 66 
 
 NOLLE PROSEQUI 91 
 
 NOT GUILTY, 
 
 plea of 96 
 
 NOXIOUS THING, 
 
 administering .......... 41 
 
 NUISANCE . . • 28 
 
 NUMBER OF WITNESSES, 
 
 in treason ........... 8 
 
 in perjury .......... 1.5 
 
 OATH, 
 
 when dispensed with . . . . . . . . 107 
 
 administering unlawful ........ 8 
 
 See Peejuey 12 
 
 OBSCENE LIBEL 26 
 
 OBSTRUCTION, 
 
 of highway .......... 28 
 
 of railways .......... 42 
 
 OBTAINING CREDIT, 
 
 iinder fal-e pretences, by bankrupt ...... 73 
 
 OBTAINING MONEY, &c., 
 
 under false pretences ........ 61 
 
 See Cheating, False Peetences.
 
 INI)]:X. 1 4.") 
 
 I>Al!K 
 
 OFFENSIVE TRADE 28 
 
 OFFICER, 
 
 peace, assaulting ......... .S9 
 
 of public companies, frauds l>y . . . . . . t>0 
 
 of justice, killing ......... 35 
 
 OUT-HOUSE, 
 
 breaking into .......... 67 
 
 OVERT ACT. See Treason 8 
 
 PARENT, 
 
 may defend his child ........ 39 
 
 PARTNERS, 
 
 larceny by ......... . 55 
 
 PEACE OFFICER, 
 
 assaulting .......... 3!) 
 
 PEER, 
 
 how tried 81 
 
 PENAL SERVITUDE 119 
 
 PENETRATION, 
 
 in rape ........... 45 
 
 in buggery 18 
 
 PEREMPTORY CHALLENGE 97 
 
 PERJURY, 
 
 what it is .......... . 12 
 
 must be on material point ....... 13 
 
 subornation of .......... 15 
 
 sentence on several counts for ....... 89 
 
 PERSON, 
 
 stealing from the ......... 63 
 
 PERSONAL VIOLENCE, 
 
 robbery aecompanieul by . . . . . . . . (j4 
 
 PETITIONS, 
 
 uiduwfnl ........... 12
 
 14G INDEX. 
 
 PAGE 
 
 PIRACY 29 
 
 PLEAS IN BAR 94 
 
 POISON, 
 
 administering with intent, &c. ....... 41 
 
 POLICE, 
 
 suiDervision of . . . . . . . . . . 122 
 
 POLITICAL MEETINGS 
 
 in Westminster ......... 11 
 
 POLLS, 
 
 challenges to the ......... 97 
 
 POSSESSION, 
 
 doctrine of recent ......... 57 
 
 in coinage offences ......... 23 
 
 distinction between "property" and ..... 54 
 
 PRESUMPTIONS, 
 
 what they are .......... 118 
 
 PRESUMPTION 
 
 of malice . ..... 
 
 of receiver's guilty knowledge . 
 
 of innocence ..... 
 
 of intending necessary conisequences of an 
 of death from seven years' absence . 
 
 act 
 
 34, 40 
 
 57 
 
 99 
 
 4 
 
 21 
 
 PREVIOUS CONVICTION, 
 
 offences committed after ........ 103, 121 
 
 in case of receivers ......... 57 
 
 in coinage cases ......... 22 
 
 PRINCIPAL AND ACCESSORY 2 
 
 PRISON BREACH 17 
 
 PRISONER, 
 
 presence of, at trial ......... 96 
 
 how l)ronght n]i as a witness ....... 108
 
 INDEX. 
 
 PRIVILEGE 
 
 in libel cases ........•• 24 
 
 of counsel, &c. .......••• 1*^8 
 
 PROCURE, 
 
 to procure commission of a felony ...... '2 
 
 PRODUCTION OF DOCUMENTS 109 
 
 PROPERTY, 
 
 distinguished from " possession " ...... 54 
 
 must pass in false pretences ....... 61 
 
 PROSECUTION, 
 
 agreement to withdraw from ....... 15 
 
 PROVOCATION, 
 
 in homicide .......... 34 
 
 PUBLIC COMPANY, 
 
 fiauds by officers of ........ . 60 
 
 PUBLICATION OF A LIBEL 24 
 
 PUNISHMENTS 119 
 
 QUARTER SESSIONS 83 
 
 QUASHING INDICTMENTS 90 
 
 QUEEN. See Treason 7 
 
 QUEEN'S BENCH DIVISION 81 
 
 RABBITS, 
 
 living wild, not subject of larceny ...... 51 
 
 RAILWAYS, 
 
 endangering persons travelling by ..... . 42
 
 148 INDEX. 
 
 EAPE, 
 
 what it is . . . . . . . . . . . 44 
 
 carnal knowledge of children ....... 47 
 
 RECEIVING, 
 
 stolen goods .......... 56 
 
 goods obtained by misdemeanour ...... 58 
 
 count for, in indictment for larceny ...... 89 
 
 RECENT POSSESSION 
 
 of stolen property ......... 57 
 
 RECORDER 84 
 
 RE-EXAMINATION 
 
 of witnesses .......... 99 
 
 REFORMATORIES 121 
 
 RELIGION, 
 
 offences against ......... 26 
 
 REPLY, 
 
 right of counsel to . . . . . . . . . 102 
 
 right of Attorney- General to ...... . ih. 
 
 RESCUE 17 
 
 REVERSAL OF JUDGMENT, 
 
 powers of Court of Error on . . . .... 105 
 
 REWARD, 
 
 taking, under pretence of helping to stolen property . . 16 
 
 RIOT 9 
 
 ROBBERY, 
 
 what it is . . . . . . . . . . . 63 
 
 })y person armed ......... 64 
 
 with violence .......... ih. 
 
 ROUT 9 
 
 SACRILEGE 67
 
 INDEX. , 140 
 
 I'ACiK 
 
 SEA, 
 
 offence on tlie .......... 29 
 
 SEDITION 8 
 
 SELF-DEFENCE 38 
 
 SENDING UNSEAWORTHY SHIP TO SEA, 
 
 defendant may give evidence on trial for . . . . . 107 
 
 SERVANTS, 
 
 larceny by .......... 52 
 
 embezzlement by ........ . 58 
 
 neglect to supply with food, &c. ...... 43 
 
 SESSIONS. 6'ce Quarter Sessions 83 
 
 SETTING FIRE 
 
 to stack?, &c. See, Aksox 70 
 
 SHOOTING 
 
 with intent, &c. ......... 40 
 
 SLANDER, 
 
 when indictable ......... 26 
 
 SLAVE TRADING 30 
 
 SODOMY 17 
 
 SOLITARY CONFINEMENT 120 
 
 SPECIAL PLEA 94 
 
 SPRING GUNS 42 
 
 STEALING 
 
 from the person ......... (33 
 
 See, Larceny 51 
 
 STOLEN PROPERTY, 
 
 receiving ........... 56 
 
 taking reward for recovery of . . . . . . . 16 
 
 STUPEFYING DRUG, 
 
 administering, with intent, &c 41
 
 150 INDEX. 
 
 PAGE 
 
 SUBORNATION OF PERJURY 15 
 
 SUBPCENA 109 
 
 SUBSTANTIVE FELONY, 
 
 accessory may be indicted for ....... 3 
 
 SUICIDE, 
 
 attempt to commit ......... 37 
 
 SUMMARY CONVICTIONS, 
 
 generally ........... 84 
 
 for assaults .......... 39 
 
 SUMMING-UP EVIDENCE 100 
 
 SUPERVISION OF THE POLICE 122 
 
 SURETIES OF THE PEACE 11 
 
 TAKING, 
 
 in larceny .......... 52 
 
 THEFT. .S'eeLAECENY 51 
 
 THREATS, 
 
 of arson ........... 11 
 
 extortion by ......... . 65 
 
 in robbery .......... 64 
 
 TRADE, 
 
 offensive, carrying on ........ 29 
 
 combinations in restraint of ...... . 27 
 
 TREASON 7 
 
 TREASON FELONY 8 
 
 TREES, 
 
 stealing 55 
 
 TRIAL, 
 
 account of .......... 94 
 
 new, in what cases granted 105
 
 INDEX. 151 
 
 VAOE 
 
 TUMULTUOUS ASSEMBLY. Sec Riot 9 
 
 UNLAWFUL 
 
 assembly ........... ?'■'• 
 
 combinations respecting trade ....... 27 
 
 vvoiintling ........... 41 
 
 UNNATURAL OFFENCE, fi'ee Buggery 17 
 
 UNSEAWORTHY SHIP, 
 
 sending, to sea, defendant may give evidence on trial for . . 107 
 
 URINAL, 
 
 public, act of indecency committed in .... . 29 
 
 UTTERING 
 
 counterfeit coin .......... 22 
 
 forged document ......... 69 
 
 VEHICLE, 
 
 negligent driving of ........ . 4-3 
 
 VENIRE DE NOVO 106 
 
 VENUE 
 
 in indictment .......... 89 
 
 VERDICT 103 
 
 VEXATIOUS INDICTMENTS ACT 86 
 
 VOLUNTARY ESCAPE 17 
 
 VOLUNTARY MANSLAUGHTER 35 
 
 VOLUNTARY CONFESSIONS 114 
 
 WAR, LEVYING 7 
 
 WHIPPING, 
 
 punishment of . . - . . . . . . . . 120 
 
 WIFE, 
 
 when excused by coercion of husband ..... 78 
 
 proof of marriage of, when jointly indicted with husband . . ih. 
 
 nut liable for harbouring husband who has committed a felony . 3 
 
 when, may be witness against her husband . . . , H 6 
 
 cannot steal her husband's goods ...... 5')
 
 152 
 
 INDEX. 
 
 WITHDRAWAL 
 
 from proseciition 
 
 PAGE 
 
 16 
 
 WITNESS, 
 
 in custody, liow brought up 
 
 108 
 
 WITNESSES, 
 
 
 
 
 when more than one requisite ....... 8, 15 
 
 expenses of ..... 
 
 
 
 109 
 
 examination of . 
 
 
 
 110 
 
 depositions of .... . 
 
 
 
 117 
 
 refreshing memory of . . . 
 
 
 
 111 
 
 impeaching credit of . 
 
 
 
 114 
 
 answers tending to criminate 
 
 
 
 109 
 
 who may be . . . . . 
 
 
 
 106 
 
 WOMEN, 
 
 abduction of .... . 
 
 
 
 19 
 
 WORDS, 
 
 libellous ...... 
 
 no assault ...... 
 
 whether they can amount to provocation 
 
 23 
 37 
 35 
 
 WORKMEN, 
 
 annoying fellow 
 
 28 
 
 WOUNDING, 
 
 what it is . . . . . . . . . . . 42 
 
 with intent to maim, &c. . . . . . . . . 40 
 
 unlawful and malicious ........ 41 
 
 WRIT OF ERROR 105 
 
 THE END. 
 
 STEVENS AND RICHARDSON, PRINTERS, 5, GREAT QUEEN STREET, W.C.
 
 October, 18SC. 
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 BERS, of the Inner Temple, Esq,, Barrister-at-Law, Imperial 
 8vo. 1877, 6s. 6c;. 
 
 Cooke on Inclosures. — With Forms as settled by the 
 Inclosure Commissioners. By G. WINGROVE COOKE, Esq., 
 Barrister-at-Law. Fourth Edition. 12mo. 1864. 16s. 
 
 *^* .4/^ standard Law Works are Jcept ivy SfocJc, in law calf and other lindings.
 
 119, CHANCERY LANE, LONDON, W.C. 7 
 
 COMPANY LAW.— Finlason's Report of the Case of 
 Twycross v. Grant. 8vo. 1877. Net, 2s. 6rf. 
 
 Palmer. — Vide "Conveyancing." 
 
 Palmer's Shareholders' and Directors' Com- 
 panion. — A Manual of every-day Law and Practice for Pro- 
 moters, Shareholders, Directors, Secretaries, Creditors and Solicitors 
 of Companies, under the Companies' Acts, 1862, 1867, and 1877. 
 Second Edition. By FRANCIS B. PALMER, Esq., Barrister-at- 
 Law, Author of "Company Precedents." 12mo. 1880. Net,2s.Qd. 
 Thring.— Firfc "Joint Stocks." 
 CONTINGENT REMAINDERS.— An Epitome of Fearne on 
 Contingent Remainders and Executory De- 
 vises. Intended for the Use of Students, By W. M. C. Post 
 8vo. 1878. 6s. M. 
 
 "An acquaintance with Fearne is indispensable to a student who deoirea to be 
 thoroughly grounded iu the common law relating to real property. Such student will 
 find a pernsal of this epitome of great value to him." — Law Journal. 
 
 CONSTITUTIONAL LAW.-BoA^^yer's Commentaries on 
 the Constitutional La^A^ of England. — By Sir 
 GEO. BOWYER, D.C.L. Second Edition. Eoyal 8vo. 1846. 11. 2s. 
 Haynes. — Vide " Leading Cases." 
 
 CONTRACTS.— Addison on Contracts.— Being a Treatise on 
 the Law of Contracts. By C. G. ADDISON, Esq., Author of 
 the " Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one 
 of Her Majesty's Counsel, Recorder of Lincoln. Royal 8vo. 
 1875. II. 18s. 
 
 "At present this is by far the best book upon the Law of Contract possessed by the 
 
 Profession, and it is a thoroughly practical book." — Law Times. 
 
 Ball. — Vide "Common Law." 
 
 Leake on Contracts. — An Elementary Digest of the Law 
 
 of Contracts (being a new edition of " The Elements of the Law of 
 
 Contracts"). By STEPHEN MARTIN LEAKE, Barristex--at 
 
 Law. 1 vol. Demy 8vo. 1878. U. 18s. 
 
 Pollock's Principles of Contract at Law and in 
 
 Equity ; being a Treatise on the General Principles relating to the 
 
 Validity of Agreements, with a special view to the comparison of 
 
 Law and Equity, and with references to the Indian Contract Act, 
 
 and occasionally to American and Foreign Law. Second Edition. 
 
 By FREDERICK POLLOCK, of Lincoln's Inn, Esq.. Barrister-at- 
 
 Law. Demy 8vo. 1878. II. Qs. 
 
 The Lord Chief Justice In his judgment in Metropolitan Railway Company v. Brog- 
 
 den and others, said, "The Law is well put by Mr. Fredericls Pollock in his 
 
 very able and learned work on Contracts."— 7%e Times. 
 
 " For the purposes of the student there is no book equal to Mr. Pollock's."— ^/ie 
 
 Economist. 
 
 " He has succeeded in writing a book on Contracts which the working lawyer will find 
 as useful for reference as any of its predecessors, and which at the same time will give 
 the suideut what he will seek for in vain elsewhere, a complete rationale of the law/' — 
 Law Magazine and Review. 
 
 " We see nothing to qualify in the praise we bestowed on the first edition. The chapters 
 on unlawful and impossible agreements are models of full and clear treatment."— So/tcito?*' 
 Journal. 
 
 Smith's Law of Contracts.— By the late J. W. SMITH, 
 
 Esq., Author of " Leading Cases," &c. Seventh Edition. By 
 VINCENT T. THOMPSON, Esq., Barrister-at-Law. Demy 8vo. 
 1878. 11. Is. 
 
 " We know of few books equally Ukely to benefit the student, or marked by such dis- 
 tinguished qualities ol lucidity, order, and accuracy as the work before us." — Solicitors' 
 Journal, December 28, 1878. 
 *,* All standard Laiu Works are Jcept in StocJc, in law calf and other bindings.
 
 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 CONVICTIONS.— Paley's Law and Practice of Sum- 
 mary Convictions under the Summary Juris- 
 diction Acts, 1848 and 1879; including Proceedings 
 preliminary and subsequent to Convictions, and the responsibility 
 of convicting Magistrates and their OfRcers, with Forms. Sixth 
 Edition. By W. H. MACNAMAKA, Esq., Barrister-at- Law. 
 Demy 8vo. 1879. 1^. 4s. 
 
 Stone. — Vide " Petty Sessions." 
 
 Templer. — Vide " Summary Convictions." 
 
 Wig ram. — Vide " Justice of the Peace." 
 CONVEYANCING.— Dart.— Fz'cZe "Vendors and Purchasers." 
 
 Greenwood's Manual of Conveyancing. — AManua 
 
 of the Practice of Conveyancing, showing the present Practice 
 
 relating to the daily routine of Conveyancing in Solicitors' Offices. 
 
 To which are added Concise Common Forms and Precedents in 
 
 Conveyancing ; Conditions of Sale, Conveyances, and all other 
 
 Assurances in constant use. Fifth Edition. By H. N. CAPEL, 
 
 B.A., LL.B., Solicitor. Demy 8vo. 1877. 15s. 
 
 A careful study of these p.age8 would probably arm a dOigent clerk with as much 
 
 useful knowledge as he might otherwise take years of desultory questioning and observing 
 
 to acquire." — SoHcitois' Journal. 
 
 The young solicitor will find this work almost Invaluable, while the members of the 
 higher branch of the profession may refer to it with advantage. We have not met with 
 any book that furnishes so simple a guide to the management of business entrusted to 
 articled clerks." 
 
 Haynes. — Vide " Leading Cases." 
 
 Martin's Student's Conveyancer. — A Manual on the 
 Principles of Modem Conveyancing, illustrated and enforced by a 
 Collection of Precedents, accompanied by detailed Remarks. Part I. 
 Purchase Deeds. By THOMAS FREDERIC MARTIN, Solicitor. 
 Demy 8vo. 1877. 5s. 6d. 
 
 " Should be placed in the hands of every student." 
 
 Palmer's Company Precedents. — Conveyancing and 
 
 other Forms and Precedents relating to Companies' incorporated 
 
 under the Companies' Acts, 1862 and 1867. Arranged as follows : — 
 
 Agreements, Memoranda of Association, Articles of Association, 
 
 Resolutions, Notices, Certificates, Provisional Orders of Board of 
 
 Trade, Debentures, Reconstruction, Amalgamation, Petitions, Orders. 
 
 With Copious Notes. By FRANCIS BEAUFORT PALMER, of 
 
 the Inner Temple, Esq ., Barrister-at-Law. Demy 8vo. 1877. 1/. 5s. 
 
 " There had never, to our knowledge, been any attempt to collect and edit a body of 
 
 Forms and Precedents exclusively relating to the formation, working and winding-up of 
 
 companies. This task Mr. Palmer has taken in hand and we are glad to say with much 
 
 success .... The information contained in the fiftO pnges of the volume is rendered 
 
 easily accessible by a good and full index. The author has evidently not been sparing of 
 
 labour, and the fruits of his exertions are now before the legal profession in a work of great 
 
 practical utility." — Law Magazine. 
 
 " To those concerned in getting up companies, the assistance given by Mr. Palmer 
 roust be very valuable, because he does not confine himself to bare precedents, but by 
 intelligent and leariiv;d commentary lights up, as it were, each step that he takes. The 
 volume before us is not, therefore a book of precedents merely, but, in a greater or less 
 degree, a treatise on certain portions of the Companies' Acts of 1862 and 1S67. There is an 
 elaborate index, and the work is one which must commend itself to the profession." — 
 Law Times. 
 
 "The precedents are as a rule exceedingly well drafted, and adapted to companies for 
 almcst every conceivable object. So especially are the forms of memoranda .and article.9 
 ol .association ; and these will be found extremely serviceable to the conveyancer. . . 
 All the notes have been elaborated with a thoroughly scientific knowledge of the 
 principles of company law, as well as with copious references to the cases substantiating 
 the ])rinciples. . . We venture to predict that his notts will be found of great utility 
 in guiding opinions on many complicated questions of law and practice." — Law Journal. 
 
 *»* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCEKY LANE, LONDON, W.O, 
 
 CONVEYANCING.-C'"^<"i««<'- 
 
 Prideaux's Precedents in Conveyancing.— With 
 
 Dissertations on its Law and Practice. Ninth Edition. By 
 
 FREDERICK PRIDEAUX, late Professor of the Law of Real anJ 
 
 Personal Property to the Inns of Court, and JOHN W1IITCOM13I0, 
 
 Esqrs., Barristers-at-Law. 2 vols. Royal 8 vo. 1879. IVctZl.lOs. 
 
 " Wehavu been always accustomed to view 'Prideaux" as the most useful work 
 
 out on conveyancing:. It combines conciseness and clearness in its jji-ecedents 
 
 with aptness and comprehensiveness in its dissertations and notes, to a degree superior 
 
 to that of any other work of its kind." — Law Journal, February 8, 1879. 
 
 "Prideaux has become an indispensable part of the Conveyancer's library 
 
 The new edition has been edited with a care and accuracy of which we can hardly speak 
 
 too highly The care and completeiirsj with which the diasertatiou has 
 
 been revised leaves us hardly any room for criticism." — Solicitors' Journal. 
 
 "The volumes are now sometliius; more than a mere collection of precedents; they 
 contain most valuable dissertations on the law and practice with reference to conveyancing. 
 These dissertations are followed by the precedents on each sub-'ect dealt with, and are in 
 themselves condensed treatises, embodying all the latest case and statute law." — Law Times. 
 
 COPYRIGHT.-Phillips' Law of Copyright in Works of 
 Literature and Art, and in the Application of Designs. With 
 the Statutes relating thereto. By C. P. PHILLIPS, Esq., Bar- 
 rister-at-Law. 8vo. 1863. 12s. 
 
 CORONERS.— J ervis on the Office and Duties of 
 Coroners. — With Forms and Precedents. Fourth Edition. By 
 R.E.MELSHEIIVIER,Esq.,Barrister-at-Law. PostSvo. 1880. 12s. 
 
 COSTS. — Morgan and Davey's Treatise on Costs in 
 Chancery.— By GEORGE OSBORNE MORGAN, M.P., 
 one of Her Majesty's Counsel, and HORACE DAVEY, M.A., one 
 of Her Majesty's Counsel. With an Appendix, containing Forms 
 and Precedents of Bills of Costs. 8vo. 1865. II. Is. 
 
 Scott's Costs in the High Court of Justice 
 and other Courts. Fourth Edition. By JOHN SCOTT, 
 of the Inner Temple, Esq., Barrister-at-Law, Reporter of the Com- 
 mon Pleas Division. Demy 8vo. 1880. 11. Qs. 
 " Mr. Scott's introductory notes are very useful, and the work is now a compendium 
 
 on the law and practice regaiding costs, as well as a book of precedents."— irnc Times. 
 "This new edition of Mr. Scott's well-known work emljudies the changes eflfected 
 
 since the Judicature Acts, and, so far as we have examined it, appears to be accurate 
 
 and complete." — Solicitors' Journal. 
 
 Scott's Costs in Bankruptcy and Liquidation 
 under the Bankruptcy Act, 1869. Royal 12mo. 
 1873. net 3s. 
 
 Summerhays and Toogood's Precedents of 
 Bills of Costs in the Chancery, Queen's 
 Bench, Common Pleas, Exchequer, Probate 
 and Divorce Divisions of the High Court of 
 Justice, in Conveyancing, Bankruptcy, the Cro-wn Office, Lunacy, 
 Arbitration under the Lands Clauses Consolidation Act, the Mayor's 
 Court, London ; the County Courts, the Privy Council, and on 
 Passing Residuary and Succession Accounts ; with Scales of Allow- 
 ances and Court Fees, the Law Society's Scale of Commission in 
 Conveyancing ; Forms of Affidavits of Increase, and Objections to 
 Taxation. By Wm. FRANK SUMMERHAYS, Solicitor, and 
 THORNTON TOOGOOD. Third Edition, Enlarged. Royal 8vo. 
 1879. . 1?. Is- 
 
 "In the volume before us we have a very complete manual of taxation. The work is 
 beautifully printed and arranged, and each item catches the eye instantly."— Z«to 
 Journal. 
 
 Webster's Parliamentary Costs. — Private Bills, 
 
 Election Petitions, Appeals, House of Lords. By EDWARD 
 
 WEBSTER, Esq., of the Taxing and Examiners' Office. Third 
 
 Edition. Post Svo. 1S67. _ 20s, 
 
 '^* All standard Law Works are kept in Stock, in law caif and other bindings. 
 
 A 3
 
 10 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 COUNTY COURTS.— Pitt-Lewis' County Court Prac- 
 tice. — A Complete Practice of the County Courts, iacluding Admi- 
 ralty and Bankruptcy, embodying the Acts, Rules, Forms and Costs, 
 with Additional Forms and a FuU Index. By G. PITT-LEWIS, 
 of the Middle Temple and Western Circuit, Esq., Barrister-at-Law, 
 sometime Holder of the Studentship of the Four Inns of Com-t, 
 assisted by H. A. DE COLYAR, of the Middle Temple, Es(i., 
 Barrister-at-Law, In 2 vols. (2028 pp.). Demy 8vo. 1880. 21 '2s. 
 Sold separately/, 
 Vol. I. History, Constitution, and Jurisdiction (including Prohibition 
 and Mandamus), Practice in all ordinary Actions (including Actions under 
 the Bills of Exchange Acts, in Ejectment, in Remitted Actions, and in 
 Replevin), and on Appeals, with Appendices, Index, &c. (1184 pp.). 3fls. 
 Vol. II. Practice in Admiralty, Probate, Bankruptcy, and under Special 
 Statutes, with Appendices, Index, &c. (1004 pp.) _ 25s. 
 
 " It is very clearly written, and is always practical. ... Is likely 
 to become the standard County Court practice." — Solicitors' Journal. 
 
 "One of the best books of practice which is to be found in our legal 
 literature."— Zaw Times. 
 
 " We have rarely met with a work displaying more honest industry 
 on the part of the author than the one before us." — Law Journal. 
 
 "Mr. Pitt-Lewis has, in fact, aimed— and we are glad to say success- 
 fully — at providing for the County Courts practitioner what ' Chitty's 
 Archbold ' and ' Daniell's Chancery Practice ' have long been to practi- 
 tioners in the High Court." — Laio Blagazine. 
 
 CRIMINAL LAW.— Archbold's Pleading and Evidence 
 in Criminal Cases. — With the Statutes, Precedents of 
 Indictments, &c., and the Evidence necessary to support them. 
 Nineteenth Edition, including the Practice in Criminal Proceedings 
 by Indictment. By WILLIAM BRUCE, Esq., Barrister-at-Law, 
 and Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 
 1878. 1?. lis. Qd. 
 
 Greaves' Crimir. r.l Law Consolidation and 
 Amendment Acts of the 24 & 2S Vict.— With 
 Notes, Observations, and Forms for Summary Proceedings. By 
 CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's 
 Counsel. Second Edition. Post 8vo. 1862. 16s. 
 
 Haynes. — Vide "Leading Cases." 
 
 Roscoe's Digest of the Law of Evidence in 
 Criminal Cases.— Ninth Edition. By HORACE SMITH, 
 Esq., Barrister-at-Law. Royal 12mo. 1878. IZ. lis. 6rf. 
 
 Russell's Treatise on Crimes and Misdemea- 
 nors.— Fifth Edition. By SAMUEL PRENTICE, Esq., one of 
 Her Majesty's Counsel. 3 vols. Royal 8vo. 1877. U. 15s. 6rf. 
 " VVhat better Digest of Crimiual Law could we possibly hope for than 'Ilussell ou 
 Crimes ? ' " — Sir James Fitzjames Stephen's Speech on Codification. 
 
 " No move trustworthy authority, or more exhaustive expositor than 'Kussell' can be 
 consulted." — Law Magazine and Reviexo. 
 
 "Alterations have beeu made in the arrangement of the work which without interfering 
 with the genera! plan are suificient to show that great care and thought have been 
 
 bestowed AVe are amazed at the patience, industry and skill which are exhibited 
 
 in the collection and arrangement of all this mass of learning." — The Times. 
 
 Shirley's Sketch of the Crimi\'ial Law.— By W. 
 SHIRLEY SHIRLEY, M.A., Esq., Barrister-at-Law, Author of 
 " Leading Cases made Easy," assisted by C. M. ATKINSON, M.A., 
 Esq., Barrister-at-Law. Demy 8vo. 1880. 7s. 6f/. 
 
 *,* All standard Law Works are Jcept in Stock, in law coHf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 11 
 
 s. 
 
 d. 
 
 5 
 
 
 
 7 
 
 
 
 5 
 
 6 
 
 8 
 
 
 
 7 
 
 6 
 
 9 
 
 G 
 
 8 
 
 6 
 
 .0 
 
 G 
 
 CROSSED CHEQUES ACT— Cavanagh.— Firfe "Money Securi 
 
 ties." 
 Walker. — Vide "Banking." 
 
 DECREES.— Seton.— FicZe " Equity." 
 
 DIARY. — Lawyer's Companion (The), Diary, and Law- 
 Directory for 1880. — For the use of the Legal Profes.sion, 
 Public Companies, Justices, Merchants, Estate Agents, Auctioneers, 
 &c., &c. Edited by JOHN THOMPSON, of the Inner Temple, 
 Esq., Barrister-at-Law ; and contains a Digest of Kecent Cases on 
 Costs ; Monthly Diary of County, Local Government, and Parish 
 Business ; Oaths in Supreme Court ; Summary of Legi.slation of 
 1878; Alphabetical Index to the Practical Statutes; a Copious 
 Table of Stamp Duties; Legal Time, Interest, Discount, Income, 
 Wages and other Tables ; Probate, Legacy and Succession Duties ; 
 and a variety of matters of practical utility. Published Annually. 
 Thirty-foiu-th Issue. 
 The work also contains the most complete List published of Town and 
 
 Country Solicitors, with date of admission and appointments, and is issued 
 
 in the following forms, octavo size, strongly bound in cloth : — 
 
 1. Two days on a page, plain 
 
 2. The above, interleaved for Attendances 
 
 3. Two days on a page, ruled, with or without money columns 
 
 4. The above, interleaved for Attendances .... 
 6. Whole page for each day, plain 
 
 6. The above, interleaved for Attendances 
 
 7. Whole page for each day, ruled, with or without money 
 
 columns .... ...... 
 
 8. The above, interlEjVVEd for Attendances . . . 
 
 9. Three days on a page, ruled blue lines, without money 
 
 columns . . ....... 5 
 
 The Diary contains memoranda of Legal Business throughout the Year, 
 
 "An excellent work."— 77(c Times. 
 
 " A publication wnich has long ago secured to itself the favour of the profession, and 
 which, as hcretofori, justifies by its contents the title assumed by it." — Laio Jounud. 
 
 " Contains all tne information which could be looked for in such a work, and gives it 
 in a saost convenient fonn and very completely. We may unhesitatingly recommend t lie 
 work to our readers." — Solicitors' Journal. 
 
 " The ' Lawyer's Companion and Diary ' is a book that ought to be in the possession of 
 every lawyer, and of every man of business." 
 
 " The ' Lawyer's Companion ' is, indeed, what it is called, for it combines everything 
 required for reference in the lawyer's office." — Law Times. 
 
 " It is a book without which no lawyer's library or office can be complete." — Irish 
 Law Times. 
 
 " Tills work has attained to a completeness which is beyond all praise." — Morning/ 
 Post. 
 
 DICTIONARY. — Wharton's Law Lexicon.— A Dictionary of 
 
 Jurisprudence, explaining the Technical Words and Phrases employed 
 
 in the several Departments of English Law ; including the varioiia 
 
 Legal Terms used in Commercial Transactions. Together wztb an 
 
 Explanatory as well as Literal Translatioti of the Latin Maxims 
 
 contained in the Writings of the Ancient and Modern Commentators, 
 
 Sixth Edition. Enlarged and revised in accordance \vith the 
 
 Jiidicatiu-e Acts, by J. SHIRESS WILL, of the Middle Temple 
 
 Esq. , Barrister-at-Law. Super royal 8vo. 1876. 2/. 2?. 
 
 " As a work of reference tor the library, the handsome and elaborate edition ot 
 
 Wharton's Law Lexicon ' which Mr. Shiress Will has produced, must supersede all former 
 
 issues of that well-known work." — Law Magazine and Review. 
 
 " No law library is complete without a law dictionary or law lexicon. To the practi- 
 tioner it is always useful to have at band a book where, in a small compass, he can find 
 an explanation of terms of infrequent occurrence, or obtain a reference to statutes on 
 most subjects, or to books wherein particular subjects are treatea of at fvdl length. To the 
 student it is almost indispensable."— iaio Times. 
 
 *»* All standard Law W(yrks are kept in Stock, in law calf and other bindin'ji. 
 
 a 4
 
 12 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 DIGESTS.— Bedford. — Vide " Exammation Guides." 
 Chambers' — Vide "Public Health." 
 
 Chitty's Equity Index. — Chitty's Index to all the Reported 
 Cases, and Statutes, in or relating to the Principles, Pleading, and 
 Practice of Equity and Bankruptcy, in the several Courts of Equity 
 in England and Ireland, the Privy Council, and the House of Lords, 
 from the earliest period. Third Edition. By J. MACAULAY, 
 Esq., Barrister-at-Law. 4 vols. Eoyal 8vo. 1853. 71. 7s. 
 
 Fisher's Digest of the Reported Cases deter- 
 mined in the House of Lords and Privy Council, and in the 
 Courts of Common Law, Divorce, Probate, Admiralty and Bank- 
 ruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870 ; 
 with Ileferences to the Statutes and Rules of Court. Founded on 
 the Analytical Digest by Harrison, and adapted to the present 
 practice of the Lav/. By R. A. FISHER, Esq., Judge of the 
 County Courts of Bristol and of Wells. Five large volumes, royal 
 8vo. 1870. (Published at 121. 12s.) Net Ql. 6s. 
 
 Consolidated Supplement to above, during the 
 years 1870—1880. By T. W. CHITTY and J. MEWS, Esqrs., 
 Barristers-at-Law. 2 vols. Royal 8vo. 1880. Bl. 3s. 
 
 (Continued Annually.) 
 ' Mr. Fisher's Digest is a wonderful work. It is a miracle of human industry." — Mr 
 Justice Willes. 
 
 " I tViink it would be very difficult to improve upon Mr. Fisher's 'Common Law 
 Digest.' " — Sir James Fitzjam.es Stephen, on Codification. 
 
 Leake. — Vide "Real Property" and "Contracts." 
 Notanda Digest in L,a^^', Equity, Bankruptcy, 
 Admiralty, Divorce, and Probate Cases. — By 
 H. TUDOR BODDAM, of the Inner Temple, and HARRY 
 GREENWOOD, of Lincoln's Inn, Esqrs., Barristers-at-Law. The 
 NoTAKDA Digest, from the commencement, October, 1862, to 
 December, 1876. In 2 volumes, half-bound. 
 Ditto, Third Series, 1873 to 1876 inclusive, half-bound. Net, 11. lis. 6d. 
 Ditto, Fourth Series, for the years 1877, 1878, and 1879, with Index. 
 
 Each, net, 11. Is. 
 
 Ditto, ditto, for 1880, Plain Copy and Two Indexes, or Adhesive Copy 
 
 for insertion in Text-Books (without Index), Annual Subscription 
 
 payable in advance. Net, 21s. 
 
 *,„* The numbers are issued regularly every alternate month. 
 
 Each number will contain a concise analysis of every case reported 
 
 in the Zaw Reports, Law Journal, Weekly Reporter, Law Times, and 
 
 the L'ish Law Reports, up to and including the cases contained in the 
 
 parts for the current month, with references to Text-books, Statutes, 
 
 and the Law Reports Consolidated Digest. An alphabetical 
 
 INDEX of the subjects contained in each number will form a new 
 
 feature in this series. 
 
 Pollock. — Vide " Partnership." 
 
 Roscoe's. — Vide " Criminal Law " and " Nisi Prius." 
 DISCOVERY.— Hare's Treatise on the Discovery of 
 Evidence. — Second Edition. Adapted to the Procedure in the 
 High Court of Justice, with Addenda, containing all the Reported 
 Cases to the end of 1876. By SHERLOCK HARE, Barrister-at- 
 Law. Post 8vo. 1877. 12s. 
 "The book is a useful contribution to our text-books on practice." — Solicitors' Journal. 
 " We have read his work with considerable attention an! interest, and we can speak in 
 terms ot cordiil praise of the manner in which the uew procedure has been worked into 
 the old material. . . . All the sections and orders of the new legislation are referred 
 to in the text, a synopsis of recent cases is given, .and a good index completes the 
 volume." — taw Titites. 
 
 Seton. — Vide "Equity." 
 *^* AH standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 13 
 
 DISTRICT REGISTRIES -Archibald.— Fide "Judges' Chambers 
 Practice." 
 
 DIVORCE.— Bro-wne's Treatise on the Principles 
 
 and Practice of the Court for Divorce and 
 
 Matrimonial Causes: — With the Statutes, Rules. Fees 
 
 and Forms relating thereto. Fourth Edition. By GEORGE 
 
 BROWNE, Esq., B.A., of the Inner Temple, Barrister-at-Law, 
 
 Recorder of Ludlow. Demy 8vo. 1880. 1/. 4s. 
 
 " The book is a clear, practical, and, so far as we have been able to test it, accurate 
 
 exposition of divorce law and procedure." — Solicitors' JonriuiJ . 
 
 Haynes. — Vide "Leading Cases." 
 
 OOMICIL. — Dicey on the Law of Domicil as a branch 
 of the La^Ar of England, stated in the form of 
 Rules. — By A. V. DICEY, B.C.L., Barrister-at-Law. Author 
 of "Rules for the Selection of Parties to an Action." Demy 8vo. 
 
 1879. 18s. 
 "The practitioner will find the hook a tlioroughly exact and trustworthy sumiaary 
 
 of ihe present state of the law." — The Spectator. 
 
 Phillimore's(SirR.) Law of Domicil.— Svo. 1847. 9s. 
 
 DUTCH LAW.— Vanderlinden's Institutes of the Laws 
 of Holland.— 8vo. 1828. 1/. 18s. 
 
 EASEMENTS.— Goddard's Treatise on the Law of 
 Easements.— By JOHN LEYBOURN GODDARD, Esq., 
 Barrister-at-Law. Second Edition. Demj Svo. 1877. 16s. 
 
 " The book is invaluable : where the cases are sOent the author has taken pains to 
 ascertain what the law would be it brought into question."— Zaujyournai. 
 
 "Nowhere has the subject been treated so exhaustively, ami, we may add, so scientifi- 
 cally, as by Mr. Goddard. We recommend it to the most careful study of the law student 
 as well as to the library oCthe practitioner." — Law Times. 
 
 Innes' Digest ofthe English Law of Easements. 
 — Second Edition. By Mr. Justice INNES, one of the Judges of 
 Her Majesty's High Court of Judicature, Madras. Crown Svo. 
 
 1880. 4s. 
 ECCLESIASTICAL.— Phillimore's (Sir R.) Ecclesiastical 
 
 La>A''. — The Ecclesiastical Law of the Church of England. With 
 Supplement, containing the Statutes and Decisions to end of 1875. 
 By Sib ROBERT PHILLIMORE, D.C.L,, Official Principal of 
 the Arches Court of Canterbury ; Member of Her Majesty's Most 
 Honourable Privy Council. 2 vols. Svo. 1873-76. 3^. 7s. 6d. 
 
 * ^* The Supplement may be had separately, price 4s. 6d., sewed, 
 
 ELECTIONS- — Browne (G. Lathom.) — Yide "Registration." 
 
 FitzGerald.— Fide "Ballot." 
 
 Rogers on Elections, Registration, and Election 
 Agency. — Thirteenth Edition, including Petitions and Muni- 
 cipal Elections and Registration. With an Appendix of Statutes 
 and Forms. By JOHN CORRIE CARTER, of the Inner Temple, 
 Esq., and Midland Circuit, Barrister-at-Law. 12mo. 1880. \l. 12s. 
 
 "Petition has been added, setting forth the procedure and the decisions on that 
 subject ; and the statutes i^assed since the last edition are explained down to the 
 Parliamentary likctions and Corrupt Practices Act (18S0)." — 2Vie Times. 
 
 " We have no hesitation in commending the book to our readers as a usefid and 
 adequate treatise upon election law." — Solicitors' Journal. 
 
 " A book of long standing and for information on the common law of elections, of 
 which it contains a mine of extracts from and references to the older authorities, 
 ■will always l.)e resorted to." — Low Jouinal. 
 
 ENGLAND, LAWS OF,— Bowyer.— Ficie "Constitutional Law." 
 Broom and Hadley. — Fide " Commentaries." 
 
 *^* All standard Law TFo?'^s are kept in Stock, in law calf and other lindings.
 
 14 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 EQUITY, and Vide CHANCERY. 
 
 Seton's Forms ot Decrees, Judgments, «nd 
 Orders in the High Court of Justice andCourts 
 of Appeal, having especial reference to the Chancery Division, 
 with Practical Notes. Fourth Edition. By R. H. LEACH, Esq. 
 Senior Registrar of the Chancery Division ; F. G-. A. WILLIAMS, 
 of the Inner Temple, Esq. ; and the late H. W. MAY, Esq. ; suc- 
 ceeded by JAMES EAST WICK, of Lincoln's Inn, Esq., Barristers- 
 at-Law. 2 vols, in 3 parts. Royal 8vo. 1877—79. il. 10s. 
 
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 " Of all the editions of ' Scton ' this is the best. — Solicitors' Journal. 
 " We can hardly speak too highly of the industry and intelligence which have been 
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 " Now the book is before us complete; and we advisedly say comp^e^^, because it 
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 A Manual of Equity Jurisprudence for Practitioners and Students, 
 founded on the Works of Story, Spence, and other writers, and on 
 more than a thousand subsequent cases, comprising the Fundamental 
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 EXECUTORS,— Williams' Law of Executors and Ad- 
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 and W^orkshops, with Introduction and Ex- 
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 made thereunder. ByGEO.JARVIS NOTCUTT, Solicitor, formerly 
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 " The task of elucidating the provisions of the statute is done in a manner that 
 
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 FARM, LAW OF. — Addison ; Cooke. — Vide " Agricultural Law." 
 Dixon's Law of the Farm — A Digest of Cases connected 
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 16 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 FINAL EXAMINATION DIGEST.-Bedford.— Fide "Examination 
 
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 FIXTURES. -Amos and Ferard on Fixtures.— Second 
 
 Edition. Koyal 8vo. 1847. 16/t. 
 
 FOREIGN JUDGMENTS.— Piggott's Foreign Judgments, 
 
 their effect in the English Courts, the English 
 
 Doctrine, Defences, Judgments in Rem, 
 
 Status.— By F. T. PIGGOTT, M.A., LL.M., of the Middle 
 
 Temple, Esq., Barrister-at-Law. Eoyal 8vo. 1879. 15s. 
 
 " A useful and well-timed volume." — Law Magazine, August, 1879. 
 
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 " M. i-'jggott donne % I'^tude de I'une des questions les plus conaplexea du droit inter- 
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 Ik une tentative perilleuse dont le succ6s pouvait sembler douteux ; maia il suffit 
 d'indiquer la marche siiivie et les r^sultats obtenus par I'auteur pour com prendre I'impor- 
 t ance et le merite de cette publication." — Journal du Droit International Prlve, 1879. 
 
 FORMS. — Archibald. — Vide "Judges' Chambers Practice." 
 
 Chitty's Forms of Practical Proceedings in 
 the Queen's Bench, Common Pleas and. Ex- 
 chequer Divisions of the High Court of Jus- 
 tice: with Notes containing the Statutes, Rules and Practice 
 relating thereto. Eleventh Edition. By THOS. WILLES 
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 Daniell's Forms and Precedents of Proceed- 
 ings in the Chancery Division of the High 
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 with Dissertations and Notes, forming a complete guide to the 
 Practice of the Chancery Division of the High Court and of the 
 Courts of Appeal. Being the Third Edition of " Daniell's Chancery 
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 " We have had this work in practical use for some weeks, and so careful is the noting 
 
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 it of as much value as the ordinary text books on the Judicature Acts. It will be as use- 
 
 ful a work to practitioners at Westminster as it will be to those in Lincoln s Inn." — Law 
 
 Times. 
 
 FRENCH COMMERCIAL LAW.-Goirand.-Fic^c' CommercialLaw." 
 
 HIGHWAYS.— Baker's Law of Highways in England 
 and "Wales, including Bridges and Locomotives. Comprising 
 a succinct code of the several provisions under each head, the 
 statutes at length in an Appendix ; with Notes of Cases, Forms, 
 and copious Index. By THOMAS BAKER, of the Inner Temple, 
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 Law JouriHil. 
 
 Chambers' Law relating to Highways and 
 
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 Leading Cases; together with the Lighting Act, 1833. By GEO. 
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 Shelford's Law of Highways, including the General 
 Highway Acts for England and Wales, and other Statutes, with 
 copious Notes of the Decisions thereon ; with Forms. Third Edition. 
 With Supplement by C. MANLEY SMITH, Esq., one of the 
 Masters of the Queen's Bench. 12mo. 1865. 15s. 
 
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 INCLOSURES.— Fide "Commons." 
 
 INDIAN LAW — Norton's Leading Cases on the Hindu 
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 Net, 21. 10». 
 
 IN JUNCTIONS.— Seton.— Vide " Equity." 
 
 INSURANCE.— Arnould on the La^A/■ of Marine Insu- 
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 " As a text book, ' Arnould ' is now all the practitioner can want, and we congratulate 
 
 the editor upon the skill with whieh he has incorporated the new decisions." — Law Times. 
 
 Hopkins' Manual of Marine Insurance.— 8vo. 
 
 1867. 18s. 
 
 INTERNATIONAL LAW — Amos' Lectures on Inter- 
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 fessor of Jurisprudence (including International Law) to the Inns 
 of Court, &c. Royal 8vo. 1874. 10s. Gd. 
 
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 Vol. I. 1880. _ _ Net, 15s. 
 
 Dicey. — Vide "Domicil." 
 
 Kent's International La^^^. — Kent's Commentary on 
 
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 Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, 
 
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 whether he is reading Wheaton or Boyd. The Index, which could not have been com- 
 piled without much thought and labour makes the book handy for reference, and 
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 " Students who require a knowledge of Wheaton's text will find Mr. Boyd's volume 
 very convenient." — Law Magazine. 
 
 JOINT OWNERSHIP.-Foster.— rWc "Real Estate." 
 *^* AH standard Law ]Vorks are kept in Stock, in law calf and other bindings.
 
 18 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JOINT STOCKS. — Palmer. — Vide "Conveyancing" and "Company 
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 The Law and Practice of Joint Stock and other Companies, including 
 the Companies Acts, 1862 to 1880, with Notes, Orders, and Rules in 
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 Association, and all the other Forms required in Making, Administer- 
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 ment Act, The Life Assurance Companies Acts, and other Acts 
 relating to Companies. By Sir HENRY THRING, K.C.B., The 
 Parliamentary Counsel. Fourth fcilition. By G-. A. R. FITZ- 
 GERALD, Esq., M.A., Barrister-at-Law, and late Fellow of St. 
 John's College, Oxford. Demy 8vo. 1880. 11. 5s. 
 
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 Jordan's Joint Stock Companies. — A Handy Book of 
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 JUDGES' CHAMBERS PRACTICE.— Archibald's Forms of 
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 Chambers and in the District Registries. By W. F. A. ARCHI- 
 BALD, M.A., of the Inner Temple, Barrister-at-Law. Royal 12mo. 
 
 1879. 12s. 6d. 
 " The work is done most thoroughly and yet concisely. The practitioner will find 
 
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 chambers." — Lavj Times, July 26, 1879. 
 
 " A clear and weU-digested vade mecum, which will no doubt be widely used by the 
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 JUDGMENTS,— Piggott. — Vide "Foreign Judgments." 
 
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 JUDICATURE ACTS.— Ilbert's Supreme Court of Judi- 
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 COURTENAY P. ILBERT, Esq., Barrister-at-Law. Royal 12mo. 
 
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 {In limp leather, 9s. Qd.) 
 
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 Imperial 8vo, 1880. Net, Is. 
 
 " An almost indispensablo addition to the recently issued mlea." —Sol icitorg' 
 
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 Wilson's Supreme Court of Judicature Acts, 
 Appellate Jurisdiction Act, 1876, Rules of 
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 Regulations relating to the Supreme Court of Justice. With 
 Practical Notes and a Copious Index, forming a Complete Guide 
 TO THE New Practice. Second Edition. By ARTHUR WIL- 
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 HARRY GREENWOOD, of Lincoln's Inn, Barrister-at-Law, 
 and JOHN BIDDLE, of the Master of the Rolls Chambers.) 
 Royal 12mo. 1878. (pp. 726.) 18s. 
 
 (In limp leather for the pocl-et, 22s. 6d. ) 
 *,»* A LARGE PAPER EuiTiON OF THE ABOVE (for marginal notes). Royal 8vo. 
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 is now the latest, and we think It is the most convenient of the works of the satne class. 
 The practitioner will find that it supplies all his wants." — Laio Times. 
 
 JURISPRUDENCE — Phillimore's (J. G.) Jurisprudence.— 
 
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 Law, delivered at the Hall of the Inner Temple, Hilary Term, 1851. 
 By J. G. PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. 3s. Qd. 
 Piggott. — Vide "Foreign Judgments." 
 JUSTINIAN, INSTITUTES OF.-Cumin.— Fide "Civil Law." 
 Greene. — Vide "Roman Law." 
 Mears. — Vide "Roman Law," 
 
 Ruegg's Student's " Auxilium" to the Institutes 
 
 of Justinian. — -Being a complete synopsis thereof in the form 
 
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 JUSTICE OF THE PEACE.— Burn's Justice of the Peace 
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 of JOHN BLOSSETT MAULE, Esq., Q.C. The Thirtieth Edition. 
 Vol. I., containing "Abatement" to "Dwellings for Artisans;" by 
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 by J. E. DAVIS, Esq., Stipendiary Magistrate for Stoke-upon- 
 Trent. Vol. V., " Quo Warranto" to "Wreck;" by J. B. MAULE, 
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 at 71. 7s.) Net, 21. 2s. 
 
 Paley. — Vide "Convictions." 
 
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 20 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JUSTICE OF THE PE fi<CE.-Continued. 
 
 Stone's Practice for Justices of the Peace, Justices 
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 Ninth Edition. By F. G. TEMPLER, Esq., Barrister-at-Law. 
 
 {In preparation.) 
 
 Wigram's The Justices' Note Book. By W. KNOX 
 
 WIGRAM, Esq., Barrister-at-Law, J.P. Middlesex. Royal 12rao., 
 
 1880. 10s. 6d. 
 
 " We have nothing but praise for the book, which is a justices' royal road to knowledge, 
 and ought to lead them to a more accurate acquaintance with their duties than many of 
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 " This is altogether a capital book. Mr. Wigram is a good lawyer and a good 
 justices' \a.wyov ." — Law Journal. 
 
 " We can thoroughly recommend the volume to magistrates." — Law Times. 
 
 LAND TAX — Bourdin's Land Tax. — An Exposition of the 
 Land Tax ; its Assessment and Collection, with a statement of the 
 rights conferred by the Redemption Acts. By MARK A. BOUR- 
 DIN, of the Inland Revenue Office, Somerset House (late Registrar 
 of Land Tax). Second Edition. Crown 8vo. 1870. 4s. 
 
 LANDLORD AND TENANT.— Woodfall's Law of Landlord 
 and Tenant. — A Practical Treatise on the Law of Landlord 
 and Tenant, with a full Collection of Precedents and Forms of 
 Procedure. Eleventh Edition. Containing an Abstract of Leading 
 Propositions, and Tables of certain Customs of the Country. By 
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 Svo. 1877. Net, II. 16s. 
 
 " The editor has expended elaborate industry and pystematic ability in making the 
 
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 LANDS CLAUSES ACTS.— Jepson's Lands Clauses Con- 
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 By ARTHUR JEPSON, of Lincoln's Inn, Esq., Barrister-at-Law. 
 Demy Svo. 1880. 18s. 
 
 LAW, GUIDE TO.— A Guide to the Law: for General Use. 
 By a Barrister. Twenty-third Edition. Crown 8vo. 1880. 
 
 Net, 3s. 6d. 
 " Within a marvellously small compass the author has condensed the main provi- 
 sions of the law of England, applicable to almost every transaction, matter, or thing 
 incidental to the relations between one individual and another." 
 
 LAW LIST. — La^Ar List (The). — Comprising the Judges and Officers 
 of the different Courts of Justice, Counsel, Special Pleaders, 
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 and Wales ; the Circuits, Judges, Treasurers, Registrars, and High 
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 List of Sheriffs and Agents, London Commissioners to Administer 
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 Special Pleaders, Draftsmen, Conveyancers, Solicitors, Proctors and 
 Notaries. Compiled by WILLIAM HENRY COUSINS, of the 
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 LAW REPORTS. — A lart,'e Stock of second-hand lleports. Priced 
 
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 LAWYER'S COMPANION.— Vide " Diary." 
 LEADING CASES,— Haynes' Student's Leading Cases. 
 
 Buin;.,' some of tlic Principal Decisions of the Courts in (Jonstitutional 
 
 Law, Common Law, (Jonveyancins,' and E([uity, Probate, Divorce, 
 
 Bankruptcy, and Criminal Law. With Notes for the use of Students. 
 
 By JOHN F. HAYNES, LL.D., Author of "The Practice of the 
 
 Chancery Division of the Hi<,di Court of Justice," " The Student's 
 
 Statutes," &c. Demy 8vo. 1878. 16s. 
 
 " Wc consider Mr. Haynes' book to be one of a very praiseworthy class ; ami we may 
 
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 " Willi |irove of great utility, not only to Students, but Practitioners. The Notes aro 
 clear, pointed and couoiso. " — Law limes. 
 
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 arranged for reference." — Zaw Journal. 
 
 Shirley's l_,eading Cases made Easy. A Selection 
 of Leading Cases in the Common Law. By W. SHIRLEY SHIR- 
 LEY, M.A., Esq., Barrister-at-Law, North-Eastern Circuit. Demy 
 8vo. 1880. lis. 
 
 "The selection is very large, though all are distinctly 'leading cases," and the notes 
 are by no means the least meritorious part of the work." — Lam Journal, April 24, ISSO. 
 ' ' Mr. Shirley writes well and clearly, and evidently understands what he is writing 
 about." — Law Timet, April 10, 1880. 
 
 LEGACY DUTIES.- F/c?e " Taxes on Succession." 
 LEXICON.— Fic?e "Dictionary." 
 
 LIBRARIES AND MUSEUMS.— Chambers' Public Libraries 
 and Museums and Literary and Scientific 
 Institutions generally, a Digest of the Law 
 relating to. Second EcUtion. By G. F. CHAMBERS, of the 
 Inner Temple, Barrister-at-Law. Imperial 8vo. 1879. 8s. 6d. 
 
 LICENSING.— Lely and Foulkes' Licensing Acts, 
 1828, 1869. 1872, and 1874; Contamins the Law of the 
 Sale of Liquors by Retail and the Management of Licensed Houses ; 
 with Notes to the Acts, a Summary of the Law, and an Appendix 
 of Forms. Second Edition. By J. M. LELY and W. D. I. 
 FOULKES, Esqrs., Barristers-at-Law. Royal 12mo. 1874. 8s. 
 " The notes are sensible and to the point, and give evidence both of care and know- 
 ledge of the subject." — Solicitors' Journal. 
 
 LIENS.— Cavanagh. — Vide "Money Securities." 
 
 LIFE ASSURANCE.— Scratchleys Decisions in Life As- 
 surance Law, collated alphabetically according to the point 
 involved ; with the Statutes. Revised Edition. By ARTHUR 
 SCRATCHLEY, M.A.. Barrister-at-Law. Demy 8vo. 1878. 5s. 
 
 LOCKE KING'S ACTS.— Cavanagh.— FicZe "Money Securities." 
 
 LORD MAYOR'S COURT PRACTICE.-Candy.— Firfe "Mayor's 
 Court Practice." 
 
 LUNACY. — Elmer's Practice in Lunacy. — The Practice in 
 Lunacy under Commissions and Inquisitions, with Notes of Cases 
 and Recent Decisions, the Statutes and General Orders, Forms and 
 Costs of Proceedings in Lunacy, an Index and Schedule of Cases. 
 Sixth Edition. By JOSEPH ELMER, of the Office of the 
 Masters in Lunacy. 8vo.* 1877. 21s. 
 
 MAGISTERIAL LAW.— Burn.— F{cfe " Justice of the Peace." 
 
 Leeming&Cross. — Pritchard. — Ficie "Quarter Sessions." 
 Stone. — -Vide " Petty Sessions." 
 Wigram. — Vide "Justice of the Peace." 
 
 *^* .-1 II standard Law IFo?-^:.^ are kept in Stock, in law calf and other bindings
 
 22 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 MANDAMUS. — Tapping on Mandamus. — The Law and 
 
 Practice of the Pligh Prerogative Writ of Mandamus as it obtains 
 both in England and Ireland. P,oyal 8vo. 1848. Net, \J. Is. 
 
 MARITIMECOLLISION.-L-owndes.— Marsden.— Ffrfe "Col- 
 lision." 
 IViAYOR'S COURT PRACTICE.— Candy's Mayor's Court 
 Practice.— The Jurisdiction, Process, Practice, and Mode of Plead- 
 ing in Ordinary Actions in the Mayor's Court, London (commonly called 
 the " Lord Mayor's Court " ). Founded on Brandon. By GEORGE 
 CANDY, Esq., Barrister-at-Law. Demy 8vo, 1879. 14s. 
 
 " The ' ordinary ' practice of the Court is dealt with in its natural order, and ia 
 simply and clearly stated." — Law Journal. 
 MERCANTILE LAW— Boyd.— FuZe "Shipping." 
 Russell. — Vide "Agency." 
 
 Smith's Connpendiunn of Mercantile La^w^. — Ninth 
 
 Edition. By G. M. DOWDESWELL, of the Inner Temple, Esq., 
 
 one of Her Majesty's Counsel. Royal 8vo. 1877. \l. IBs. 
 
 "We cau safely say that, to the practising Solicitor, few books will he found more 
 
 useful than the ninth edition of ' Smith's Mercantile Law.'" — Law Magazine. 
 
 Tudor's Selection of Leading Cases on Mercan- 
 tile and Maritime Law.— With Notes. By O. D. TUDOR, 
 
 Esq., Barrister-at-Law. Second Edition. Royal 8vo. 1868. IZ. 18s. 
 
 METROPOLIS BUILDINQ ACTS.-V/oolrych's Metropolis 
 Building Acts, with Notes, Explanatory of the Sections and 
 of the Architectural Terms contained therein. Second Edition. By 
 NOEL H. PATERSON, M.A,, Esq., Barrister-at-Law. 12mo. 
 1877. 8s. U. 
 
 MINES. — Rogers' Law relating to Mines, Minerals, 
 and Quarries in Great Britain and Ireland; 
 with a Summary of the Laws of Foreign States and Practical 
 Directions for obtaining Government Grants to work Foreign Mines. 
 Second Edition Enlarged. By ARUNDEL ROGERS, Esq., 
 Judge of County Courts. 8vo. 1876. 11. lis. M. 
 
 " The volume will prove invaluable as a work of legal reference." — The Mining Journal. 
 
 MONEY SECURITIES Cavanagii's Law^ of Money Secu- 
 rities. — In Three Books. I. Personal Securities. II. Securities 
 on Property. III. Miscellaneous; with an Appendix containing the 
 Crossed Cheques Act, 1876, The Factors Acts, 1823 to 1877, Locke 
 King's, and its Amending Acts, and the Bills of Sale Act, 1878. By 
 CHRISTOPHER CAVANAGH,B.A.,LL.B. (Lend.), of the Middle 
 Temple, Esq., Barrister-at-Law. In 1 vol. Demy 8vo. 1879. 21s. 
 " An admirable synopsis of the whole law and practice with regard to securities 
 
 of every sort We desire to accord it all praise for its completeness 
 
 and general accuracy ; we can honestly say there is not a slovenly sentence from 
 beginning to end of it, or a single case omitted which has any material bearing on 
 the subject." — Saturday Review, May '22nd, 1880. 
 
 "We know of no work which embraces so much that is of every-day importance, nor 
 do we know of any author who shows more familiarity with his subject. The book is 
 one which we shall certainly keep near at hand, and we believe that it will prove a 
 decided acqviialtion to the practitioner."— Xatc Times. 
 
 "The author has the gift of a pleasant style; there are abundant and correct 
 references to decisions of a recent date. An appendix, in which is embodied the 
 full text of several important .statutes, adds to tlae utility of the work as a book of 
 reference ; and there is a good index." — Solicitors' Journal. 
 
 MORTGAGE Coote's Treatise on the La^Ar of Mort- 
 gage. — Fourth Edition. Thoroughly revised. By WILLIAM 
 WYLLYS MACKESON, Esq., one of Her Majesty's Counsel. 
 
 (Nearly ready.) 
 
 MORTMAIN.— Ra^A^linson's Notes on the Mortmain 
 Acts ; shewing their operation on Gifts, Devises and Bequests for 
 Charitable Uses. By JAMES RAWLINSON, SoUcitor, Demy 8vo. 
 1877. Interleaved Net, 2s. 6d. 
 
 *,(.* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 23 
 
 NAVY, — Thring's Criminal Law of the Navy, with an 
 
 Introductory Cliapter on the Early State and Discipline of the Navy, 
 the llules of Evidence, and an Appendix comprisinfj the Naval 
 Discipline Act and Practical Forms. Second Edition. By 
 THEODORE THRING, of the Middle Temple, Barrister-at-Law, 
 late Commissioner of Bankruptcy at Liverpool, and C. E. GIFFORD, 
 Assistant-Paymaster, Royal Navy. Timo. 1877. 12s. Gd. 
 
 "In the new eciitioa, the jsrocoiluro, naval regulations, forms, and all matters con- 
 nected with the practical admiuistratioa of the law have boen classified aud arranged by 
 Mr. Gilford, so that the work is in every way useful, complete, and up to date." — Naval 
 and Militarii Qazcttc. 
 
 NEGLIGENCE — Smith's Treatise on the Law of 
 
 Negligence, with a Supplement' containing "The Employer.s' 
 Liability Act, 1880," with an Introduction and Notes. By HORACE 
 SMITH, B.A., of the Inner Temple, Esq., Barrister-at-Law, Editor 
 of "Roscoe's Criminal Evidence," &c. Demy 8vo. 1880. 10s. 6c/. 
 " Tlio author occ;\sionally attempts to criticize, as well as to catalogue, decisions, 
 thus really helping lawyers, who rarely consult law books, except when some ques- 
 tion demanding a consideration of conflicting authorities has to be settled." — The 
 Time.i, September 8, 18S0. 
 
 "The author has perfoi-med his task with judgment and skill. . . . A good 
 index is very valuable, and the book appears to us to be excellent in that respect." — 
 Solicitors' Journal, June 12, IS^O. 
 
 " Will bo found of service by all who desire assistance in this branch of the law." — 
 Lav) Journal. 
 
 " Written in a lucid and interesting style, aud presenting a complete view of the 
 whole subject." — Dailt/ Chronicle. 
 
 NISI PRIUS. — Roscoe's Digest of the La>Ar of Evidence 
 
 on the Trial of Actions at Nisi Prius.— Fourteenth 
 
 Edition. By JOHN DAY, one of Her Majesty's Counsel, and 
 
 MAURICE POWELL, Barrister-at-Law. Royal 12mo. 1879.2?. 
 
 {Bound in one thick volume calf o?' circuit, 5s., or in two convenient vols. 
 
 calf or circuit, 9s. net, extra.) 
 
 "The task of adapting the old text to the new procedure was one requiring much 
 
 patient laboui, careful accuracy, and conciseness, as well as discretion in the omission of 
 
 matter obsolete or unnecessary. An examination of tlie bulky volume before us affords 
 
 good evidence of the possession of these qualities by the present editors, and we feel sure 
 
 that the popularity of the work will continue unabated under their conscientious care." — 
 
 Law Magazine. 
 
 Selw^yn's Abridgment of the Law of Nisi 
 Prius.— Thirteenth Edition. By DAVID KEANE, Q.C., 
 Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the 
 Judges of the Supreme Court of the Cape of Good Hope. 2 vols. 
 Royal 8vo. 1869. {Published at 21. 16s.) Net, 11. 
 
 NOTANOA.— Firfe "Digests." 
 
 NOTARY.— Brooke's Treatise on the Office and Prac- 
 tice of a Notary of Englatld. — With a full collection of 
 Precedents. Fourth Edition. By LEONE LEVI, Esq., F.S.A., 
 of Lincoln's Inn, Barrister-at-Law. 8vo. 1876. 11. 4s. 
 
 NUISANCES.— FitzGerald.—FicZe "PubHc Health." 
 
 OATHS. — Braithwaite's Oaths in the Supreme Court 
 of Judicature. — A Manual for the use of Commissioners to 
 Administer Oaths in the Supreme Court of Judicature in England. 
 Part I. containing practical information respecting their Appoint- 
 ment, Designation, Jurisdiction, and Powers ; Part II. comprising a 
 collection of officially recognised Forms of Jurats and Oaths, with 
 Explanatory Observations. By T. W. BRAITHWAITE, of the 
 Record and Writ Clerks' Office. Fcap. 8vo. 1876. 4s. 6d. 
 
 " The work will, we doubt not, become the recognised guide of commissioners to 
 
 administer oaths." — Solicitors' Jov.rnal. 
 
 PARTITION.-Foster.— Firfe "Real Estate." 
 
 PARTNERSHIP.— Pollock's Digest of the Law of Part- 
 nership.— Second Etlition. By FREDERICK POLLOCK, of 
 Lincoln's Inn, Esq., Barrister-at-Law. Author of " Principles of 
 Contract at Law and in Equity." (In the Press.) 
 
 *♦* All standard Lato Woi'lcs are kept in Stock, in law calf and other bindings.
 
 24 S TEVENS A N D SO NS' LAW PUBLIGATIONS. 
 
 PATENTS. — Hiadmarch's Treatise on the La\Ar rela- 
 ting to Patents.— 8vo. 1846. 11. Is. 
 Johnson's Patentees' Manual ; being a Treatise 
 on the Law and Practice of Letters Patent, 
 especially intended for the use of Patentees 
 and Inventors. — By JAMES JOHNSON, Banister-atLaw, 
 and J. H. JOHNSON, Solicitor and Patent Agent. Fourth Edition. 
 Thoroughly revised and much enlarged. Demy 8vo. 1879. 10s. 6d. 
 " A very excellent manual."— Xato Times, February S, 1879. 
 
 " The authors have not only a knowledge of the law, but of the workinff of the law. Be- 
 sidca the table (if cases there is a copious index to subjects./ — Law Journal, March 1, 1879. 
 
 Thompson's Handbook of Patent Law of all 
 Countries.— Third Edition, revised. By WM. P. THOMPSON, 
 C.E., Head of the International Patent Office, Liverpool. 12mo 
 1878. Net 2s. 6d. 
 
 PERSONAL PROPERTY.— Smith.— FicZe " Eeal Property." 
 
 PETITIONS — Palmer.— Ficie " Conveyancing." 
 Rogers. — Vide " Elections." 
 
 PETTY SESSIONS.— Stone's Practice for Justices of 
 the Peace, Justices' Clerks and Solicitors at Petty and Special 
 Sessions, in Summary Matters and Indictable Offences, with a List 
 of Summary Convictions and of Matters not Criminal. With Forms. 
 Ninth Edition. By F. G. TEMPLER, of the Inner Temple, Esq., 
 Barrister-at-Law, Editor of " The Summary Jurisdiction Act, 
 1879." (In preparation.) 
 
 POOR LAW.— Davis' Treatise on the Poor Laws.— Being 
 Vol. IV. of Burns' Justice of the Peace. 8vo. 1869. 11. Us. 6d. 
 
 POWERS. — Farwell on Powers. — A Concise Treatise on 
 
 Powers. By GEORGE FARWELL, B.A., of Lincoln's Inn, Esq., 
 
 Barrister-at-Law. 8vo. 1874. 11. Is. 
 
 " We recommend Mr. Farwell's book as containing within a small compaBS what would 
 
 otherwise have to be sought out in the pages of hundreds of confusing reports." — The Law, 
 
 PRECEDENTS. — Vide " Conveyancing." 
 
 PRINCIPAL AND AGENT.- Petgrave's Principal and 
 Agent. — A Manual of the Law of Principal and Agent. By 
 E. C. PETGRAVE, Solicitor. 12mo. 1857. 7s. 6d. 
 
 Petgrave's Code of the Law of Principal and 
 Agent, with a Preface. By E. C. PETGRAVE, Solicitor. 
 Demy 12mo. 1876. Net, sexoed, 2s. 
 
 PRIVY COUNCIL. — Finlason's History, Constitution, 
 and Character of the Judicial Committee of 
 the Privy Council, considered as a Judicial Tribunal, 
 especially in Ecclesiastical Cases, with special reference to the right 
 and duty of its members to declare their opinions. By W. F. 
 FINLASON, Barrister-at-Law. Eemy 8vo. 1878. 4s. 6d. 
 
 Lattey's Handy Book on the Practice and Pro- 
 cedure before the Privy Council. — By ROBERT 
 THOMAS LATTEY, Attorney of the Court of Queen's Bench, 
 and of the High Court of Bengal. 12mo. 1869. 6s. 
 
 PROBATE. — Browne's Probate Practice: a Treatise on the 
 Principles and Practice of the Court of Probate, in Contentious and 
 Non-Contentious Business, with the Statutes, Rules, Fees, and 
 Forms relating thereto. By GEORGE BROWNE, Esq., Barrister- 
 at-Law, Recorder of Ludlow. 8vo. 1873. 11. Is. 
 "A cursory glance through Mr. Browne's work shows that it has been compiled with 
 
 iiRiie than ordinarj- care and intelligence. We should consult it with every confidence." 
 
 ■ -Law Times. 
 
 Haynes. — Vide " Leading Cases." 
 
 *,* All standard Law WorJcs are kept in Stock, in law calf and other bindingf.
 
 119, CHANCERY LANE, LONDON, W.C. 25 
 
 PUBLIC HEALTH.— Chambers' Digest of the Law re- 
 lating to Public Health and Local Govern- 
 ment. — With Notes of 1073 leading Cases, Various official 
 documents ; precedents of By-laws and Regulations. The Statutes 
 in full. A Table of Offences and Punishments, and a Copious 
 Index. Seventh Edition, enlarged and revised, with Supplement 
 containing new Local Government Board By-Laws in full. Imperial 
 8vo. 1875-7. II. 8s. 
 
 *^* The Supplement may be had separately, price 95. 
 
 FitzGerald's Public Health and Rivers Pol- 
 lution Prevention Acts.— The Law relating to Public 
 Health and Local Government, as contained in the Public Health 
 Act, 1875, with Introduction and Notes, showing all the alterations in 
 the ExistingLaw,with reference to the Cases, &c.; together with a Sup- 
 plement containing "The Rivers Pollution Prevention Act, 1876." 
 With Explanatory Introduction, Notes, Cases, and Index. By 
 G. A. R. FITZGERALD, Esq., Barrister- at-Law. Royal 8vo. 
 1876. 11. Is. 
 
 " A copious and well-executed analytical index completes the work which we can 
 confidently recommend to the officers and members of sanitary authorities, and all 
 interested in the subject matter of the new Act." — Law Magazine and Review. 
 
 " Mr. FitzGerald comes iorwaid with a special qualification for the tasli, for he was 
 employed by the Gi)vernmeut in the preparation of the Act of 1875; and, as he himself 
 says, has necossiirily, for some time past, devoted attention to the law relating to public 
 health and local government." — Law Journal. 
 
 PUBLIC MEETINGS — Chambers' Handbook for Public 
 Meetings, including Hints as to the Summoning and Manage- 
 ment of them ; and as to the Duties of Chairmen, Clerks, Secretaries, 
 and other Officials; Rules of Debate, &c., to which is added a Digest 
 of Reported Cases. By GEORGE F. CHAMBERS, Esq., Bar- 
 rister-at-Law. 12mo. 1878. Net, 2s. Qd. 
 
 QUARTER SESSIONS.— Leeming & Cross's General and 
 Quarter Sessions of the Peace.— Their Jurisdiction 
 and Practice in other than Criminal matters. Second Edition. By 
 HORATIO LLOYD, Esq., Recorder of Ches^ter, Judge of County 
 Courts, and Deputy-Chairman of Quarter Sessions, and H. F. 
 THURLOW, of the Inner Temple, Esq., Barrister-at-Law. 8vo. 
 1876. i;. Is. 
 
 " The present editors appear to have taken the utmost pains to make the volume com- 
 plete, and, from our examination of it, we can thoroughly recommend it to all interested 
 in the practice of quarter sessions." — Law Times 
 
 Pritchard's Quarter Sessions.— The Jurisdiction, Prac- 
 tice and Procedure of the Quarter Sessions in Criminal, Civil, and 
 Appellate Matters. By THOS. SIRRELL PRITCHARD, of the 
 Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock, 8vo. 
 1875. 21. 2s. 
 
 "We can confidently say that it is written throughout with clearness and intelUjreuce" 
 and tnat both in legislation and in case law it is carefully brought down to the most 
 recent date." — Solicitors' Journal. 
 
 RAILWAYS.— Browne and Theobald's Law of Rail- 
 ways. By J. H. BALFOUR BROWNE, of the Middle Temple, 
 Registrar of the Railway Commissioners, and H. S. THEOBALD, 
 of the Inner Temple, Esqrs., Barristers-at-Law. (In the press.) 
 
 Lely's Railway and Canal Traffic Act, 1873.— 
 
 And other Railway and Canal Statutes ; with the General Orders, 
 
 Forms, and Table of Pees. By J. M. LEL Y, Esq. Post 8vo. 1873. 8s. 
 
 *,* All standard Law Works are kept hi Stock, in law calf and other hindinys.
 
 26 STEVENS AND SONS' LAW PUBLICATIONS, 
 
 RATES AND RATING.— Castle's Practical Treatise on 
 
 the Law of Rating. By EDWARD JAMES CASTLE, of 
 
 the Inner Temple, Barrister-at-Law. Demy 8vo. 1879. 1?. Is. 
 
 "Mr. Castle's book is a correct, exhaustive, clear and concise view of the law." — 
 
 Law Times. 
 
 "The book is a useful assistant in a perplexed branch of Law."— iaio Journal. 
 
 Chamber's Law relating to Rates and Rating ; 
 with especial reference to the Powers and Duties of Kate-levying 
 Local Authorities, and their Officers. Being the Statutes in full 
 and brief Notes of 550 Cases. By G. F. CHAMBERS, Esq., 
 Barrister-at-Law. Imp. 8vo. 1878. 12s. 
 
 REAL ESTATE. — Foster's I^slmv of Joint Ownership 
 
 and Partition of Real Estate. By EDWARD JOHN 
 
 POSTER, M.A., late of Lincoln's Inn, Barrister-at-Law. 8vo. 
 
 1878. lOs. Qd. 
 
 "Mr. Foster may be congratulated on having produced a very satisfactory vade 
 
 mecum on the Law of Joint Ownership and Partition. He has taken considerable 
 
 pains to make his treatise practically useful, and has combined within the fifteen 
 
 chapters into which the book is divided, brevity of statement with completeness of 
 
 treatment. " — Law Magazine. 
 
 REAL PROPERTY. — Green^A^ood's Recent Real Pro- 
 perty Statutes. Comprising those passed during the years 
 1874-1877 inclusive. Consolidated with the Earlier Statutes thereby 
 Amended. With Copious Notes, and a Supplement containing tlie 
 Orders under the Settled Estates Act, 1878. By HARRY 
 GREENWOOD, M.A., Esq., Barrister-at-Law. 8vo. 1878. 10s. 
 " To students particularly this collection, with the careful notes and references to 
 
 previous legislation, will be of considerable value." — Law Times 
 "The author has added notes wliich, especially on the Vendor and Purchaser Act, 
 
 and the Settled Estates Act, are likely to be useful to the practitioner ... so far 
 
 as we have tested them, the statements appear to be generally accurate and careful, 
 
 and the work will be found exceedingly handy for reference." — Solicitors' Journal. 
 " Mr. Greenwood's book gives such of the provisions of the amended statutes as are 
 
 BtiU in force, as well as the provisions of the new statutes, in order to show more clearly 
 
 the effect of the recent legislation." — Laic Journal. 
 
 Leake's Elementary Digest of the Law of Pro- 
 perty in Land. — Containing : Introduction. Part I. The 
 Sources of the Law.— Part II. Estates in Land. By STEPHEN 
 MARTIN LEAKE, Barrister-at-Law. 8vo. 1874. 11. 2s. 
 
 *»* The above forms a complete Introduction to the Study of the Law of Real Property. 
 
 Shearwood'fe Real Property. — A Concise Abridgment 
 
 of the Law of Real Property and an Introduction to Conveyancing. 
 
 Designed to facilitate the subject for Students preparing for 
 
 Examination. By JOSEPH A. SHEARWOOD, of Lincoln's Inn, 
 
 Esq., Barrister-at-Law. Demy 8vo. 1878. 6s. 6d. 
 
 "The present law is expounded paragraphically, so that it could be actngWy learned 
 
 without understanding the origin from which it has sprung, or the principles on which it 
 
 is based."— Zat/! Journal. 
 
 Shelford's Real Property Statutes.— Eighth Edition. 
 By T. H. CARSON, Esq., Barrister-at-Law. 8vo. 1874. 1/. 10s. 
 Smith's Real and Personal Property.— A Com- 
 pendium of the Law of Real and Personal Property, primarily 
 connected with Conveyancing. Designed as a second book for 
 Students, and as a digest of the most useful learning for Practi 
 tioners. By JOSIAH W. SMITH, B.C.L., Q.C. Fifth Edition. 
 2 vols. Demy 8vo. 1877. 21. 2s. 
 
 "lie has given to the student a book which he may read over and over again with profit 
 and pleasure."— iaic 2'i/»e*. 
 
 '■ The work before us ■»iU, we think, be found of very great service to the practitioner." 
 — Solicitor^ Journal. 
 
 *,* All standard Law WorJcs are kept in Stock, in law calf and other hindings.
 
 119, CHANCERY JiANE, LONDON, W.C. 27 
 
 REGISTRATION.— BroAArne's(G.Lathom)Parliamentapy 
 
 and. Municipal Registration Act, 1878 (41 & 42 
 
 Vict. cap. 26) ; with an Introduction, Notes, and Additional 
 
 Forms. By G. LATHOM BROWNE, of the Middle Temple, Esq., 
 
 Barrister-at-Law. 12mo. 1878. 5s. Qd. 
 
 Rogers — Vide " Elections." 
 
 REGISTRATION CASES.— Hopwood and Coltman's 
 
 Registration Cases.— Vol. I. (1868-1872). Net,2l.l8s. Call. 
 
 Vol. II. (1873-1878). Net, 21. 10s. Calf, 
 
 Coltman's Registration Cases.— Vol. I. Part I. (1879 
 
 — 80). ^et, 10s, 
 
 RIVERS POLLUTION PREVENTION.— FitzGerald's Rivers 
 
 Pollution Prevention Act, 187S. — With Explanatory 
 
 Introduction, Notes, Cases, and Index. Royal 8vo. 1876. 3s. 6d. 
 
 ROMAN LAW.— Cumin.— Ticie" Civil." 
 
 Greene's Outlines of Roman Law.— Consisting chiefly 
 
 of an Analysis and Summary of the Institutes. For the use of 
 
 Students. By T. WHITCOMBE GREENE, B.C.L., of Lincohi's 
 
 Inn, Bai-rister-at-Law. Third Edition. Foolscap 8vo. 1875. 7s. 6d. 
 
 Mears' Student's Ortolan. — An Analysis of M. Ortolan's 
 
 Institutes of Justinian, including the History and 
 
 GeneraHzation of Roman Law. By T. LAMBERT MEARS, 
 
 M.A., LL.D. Lond., of the Inner Temple, Barrister-at-Law. 
 
 P ublished by permission of the late M. Ortolan. PostSvo. 1876. 12s. 6rf. 
 
 Ruegg. — Vide "Justinian." 
 
 SAUNDERS' REPORTS.— Williams' (Sir E. V.) Notes to 
 
 Saunders' Reports. — By the late Serjeant WILLIAMS. 
 
 Continued to the present time by the Right Hon. Sir EDWARD 
 
 VAUGHAN WILLIAMS. 2 vols. Royal 8vo. 1871. 21. 10s. 
 
 SETTLED ESTATES.— Middleton's Settled Estates Act, 
 
 1877, and the Settled Estates Act Orders, 1878, 
 
 with Introduction, Notes and Forms, and Summary of Practice. 
 
 Second Edition. By JAMES W. MIDDLETON, B.A., of Lincoln's 
 
 Inn, Barrister-at-Law. 12mo. 1879. 4s, 6d. 
 
 "A complete work as a practical edition of tlie Settled Estates Act, 1S77, and vrtll be 
 
 found exceedingly useful to legal practitioners." — Lata Journal. 
 
 SHERIFF LAW Churchill's Law of the Office and 
 
 Duties of the Sheriff, with the Writs and Forms relating 
 to the Office. By CAMERON CHURCHILL, B.A., of the Inner 
 Temple, Barrister-at-Law, assisted by A. CARMICHAEL BRUCE, 
 B.A., of Lincoln's Inn, Barrister-at-Law. Demy 8vo. 1879. 18s. 
 "This is a work upon a subject of large practical importance, and seems to have been 
 
 compiled with exceptional care There is an appendix of forms which will be 
 
 foimd useful." — Law Thaes. 
 " Under-Sheriils, and lawyers generally, will find this a useful book to have by them, 
 
 both for perusal and reterence." — Law Magazine. 
 
 SHIPPING, and vide " Admiralty." 
 
 Boyd's Merchant Shipping Laws ; being a Consolida- 
 tion of all the Merchant Shipping and Passenger Acts from 1854 to 
 1876, inclusive ; with Notes of aU the leading English and American 
 Cases on the subjects affected by Legislation, and an Appendix 
 containing the New Rules issued in October, 1876 ; forming a com- 
 plete Treatise on Maritime Law. By A, C. BOYD, LLB., Esq., 
 Barrister-at-Law, and Midland Circuit. 8vo. 1876. 1^, 5s. 
 
 " We can recommend the work as a very useful compendium of shipping law." — Law 
 
 Times. 
 
 Foard's Treatise on the Law of Merchant 
 Shipping and Freight.— By JAMES T. FOARD, Bar- 
 rister-at-Law. Royal 8vo. 1880. Half ca/f, 11. Is. 
 SIGNING JUDGMENTS.— Walker.— F«Ze "Judgments." 
 *,* All standard Law Works are kept in Stock, in laxo calf and other bindings.
 
 28 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 SOLICITORS.— Cordery's Law relating to Solicitors 
 
 of the Supreme Court of Judicature. — With an 
 
 Appendix of Statutes and Rules. By A. CORDERY, of the Inner 
 
 Temple, Esq., Barrister-at-Law. Demy 8vo. 1878. 14s. 
 
 " Mr. Cordery writes tersley and clearly, and displays in general great industry and 
 
 care in the collection of csmeB."— Solicitors' Journal. 
 
 •"The chapters on liability of solicitors and on lien may be selected as two of the best 
 in the book." — Law Journal. 
 
 SOLICITORS' GUIDES — Tide "Examination Guides." 
 
 STAMP LAWS.— Tilsley's Treatise on the Stamp 
 Lav/S. — Being an Analytical Digest of aU the Statutes and 
 Cases relating to Stamp Duties, with practical remarks thereon. 
 Third Edition. With Tables of all the Stamp Duties payable in 
 the United Kingdom after the 1st January, 1871, and of Former 
 Duties, &c., &c. By E. H. TILSLEY, of the Inland Revenue 
 Office. 8vo. 1871. 18s. 
 
 STATUTES, and vide " Acts of Parliament." 
 
 Biddle's Table of Statutes. — A Table of References to 
 unrepealed Public General Acts, arranged in the Alphabetical Order 
 of their Short or Popular Titles. Second Edition, including Refer- 
 ences to all the Acts in Chitty's Collection of Statutes. Royal 8vo. 
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 Chitty's Collection of Statutes. — A Collection of Statutes 
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