STE 119, C Pitt-Lewis' ' embodying tli Cases, and a Barrister-at-L assisted by H 1880. (2028 p " It is very cle the standard Cou " We have rare the author than • " An excellent of practice whicl " Mr. Pitt-Le providing for t ' Daniell's Chanc — Law Magazine. Trevor's Ta3 NS, UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY and Cases (in and Successii Edition. Completely rearranged aua tnorouglily revisea. uy and ROBERT J. WALLACE, of the Lugacy and Succession 12))io. 1880. Price 12.s. 6d. cloth. ty Courts, Pcn-ms, Table of n Circuit, Esq., ,r Inns of Court, ols. Demy 8vo. likely to become ry on the part of of the best books s. successfully — at Archbold ' and le High Couit." e Statutes Probate, Legacy Forms. Third ii,vELYN FREETH Duty Office. Royal Shirley's Sketch of the Criminal 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., Barriater-at-Law. Demij Svo. 1880. Price 7s. 6d. cloth. 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" A treatise which occupies a unique position and which is recognised by the Bench and the profession as having paramount autliority in the domain of law with which it deals." — Lcno Journal. Scott's Costs in the High Court of Justice and other Courts.— foiut/t Edition. By JOHN SCOTT, Esq., Barrister-at-Law, Reporter of the Common Pleas Division. Deiny 8vo. 1880. (886 pp.) Price 11. 6s. cloth. " Mr. Scott's introductory notes are very useful, and the work is now a compendium on the law and practice regarding costs, as well as a book of precedents."— iajo Timet. ^* 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 . . . . 1ig.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 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 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 c8 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. ±3 LAW WORKS, OP PUBLISHED BY STEVENS AND SONS, 119, CHANCERY LANE, LONDON, W.C. (Fo7-7nerIy of Bell Yard, Lincoln's Inn). Law Books Purchased or Valued. 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COMMONS AND INCLOSURES.— Chambers' Digest of the Law relating to Commons and Open Spaces, including Public Parks and Recreation Grounds, with various oflBcial documents ; precedents of by-laws and regulations. The Statutes in fuU and brief notes of leacUng cases. By GEORGE F. CHAM- 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. *** Vol. II., Parts 1 and 2, may be had separately, to complete sets, price each 11. 10s. " 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 bestowed on the preparation of the notes." — Solicitors' Joiirnal. " Now the book is before us complete; and we advisedly say comp^e^^, because it has scarcely ever been our fortune to see a more complete law book than this. Exten- sive in sphere, and exhaustive in treatise, comprehensive in matter, yet apposite in details, it presents all the features of an excellent work . . . The index, extend- ing over 278 pages, is a model of comprehensiveness and accuracy." — Law Journal. Smith's Manual of Equity Jurisprudence.— 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 Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, B.C.L., Q.C. Thuteenth Edition. 12mo. 1880. 12s. 6d "There is no disguising the truth ; the proper mode to use this book is to learn its pages by heart." — Law Magazine and Review. " It will be found as useful to the practitioner as to the &i\\AQrA."— Solicitors' Journal. EXAMINATION GUIDES— Bedford's Guide to the Preli- minary Examination for Solicitors. — Fourth Edition. 12mo. 1874. Net, 2,s. Bedford's Preliminary. — Containing the Questions and Answers of the Preliminary Examinations. Edited by E. H. BEDFORD, Solicitor (No. 15, May, 1871, to No. 48, July, 1879). {Discontinued.) ■ Sewed, net, each. Is. Bedford's Digest of the Preliminary Examina- tion Questions on English and Latin, Grammar, Geography, History, French Grammar, and Arithmetic, with the Answers. Second Edition. (In the press.) Bedford's Preliminary Guide to Latin Gram- mar.— 12mo. 1872. Net, 3s. Bedford's Intermediate Examination Guide to Bookkeeping. — Second Edition. 12mo. 1875. Net,2s.6d. Bedford's Intermediate. — Containing the Questions and Answers at the Intermediate Examinations. Edited by E. H. BEDFORD. Nos. 1 (Hilary, 1869) to 34 (Hilary, 1877). 6d. each. Nos. 35 (Easter, 1877) to 43 (Trinity, 1879). {Discontinued). Is. each, iV^c^ Bedford's Student's Guide to the Seventh Edi- tion of Stephen's New Commentaries on the Laws of England. Demy 8vo. 1879. 125. " Here is a book which will be of the gi'catest service to students. It reduces the • Commentaries ' to the form of question and answer . . . We must also give the author credit, not only for his selection of questions, but for his answers thereto. These are models of fulness and conciseness, and lucky will be the candidate who can hand in a paper of answers bearing a close resemblance to those in the work before us." — Law Journal. Bedford's Student's Guide to Smith on Con- tracts. Demy 8vo. 1879. 3s. Qd. *^* All standard Law Tories are kept in Stock, in law calf and oth&' bindings. 119, CHANCERY LANE, LONDON, W.C. 15 EXAMINATION Q{i\DES. -Continued Bedford's Final. —Containing the Questions and Answers at the Final Examinations. Edited by E. H. BEDFORD. Nos. 1 (Easter, 1869) to 33 (Easter, 1877). ^d. each, Nos. 34 (Trinity, 1877) to 42 (Trinity, 1879). Is. each, Net. (Discontinued.) Bedford's Final Examination Digest : containing a Digest of tlie Final Examination Questions in matters of Law and Procedure determined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice, and on the Law of Real and Personal Property and the Practice of Conveyancing. In 1 vol. 8vo. 1879. 16.9. " Will furnish students with a large armoui-y of weapons with which to meet the attacks of the osaniiucrs of the Incorporated Law Society." — Lair! Times, Nov. 8, 1879. Bedford's Final Examination Guide to Bank- ruptcy.— Third Edition. 12mo. 1877. 6s. Bedford's Outline of an Action in the Chan- cery Division. 12mo. 1878. Net, 2s. 6d. Butlin. — Vide " Articled Clerks." Dickson's Analysis of Blackstone's Commen- taries.— In Charts for the use of Students. By FREDERICK S. DICKSON. 4to. 10«, 6d. Haynes.— FicZe "Leading Cases." Rubinstein and Ward. — F?c?e " Articled Clerks." Shearwood's Student's Guide to the Bar, the Solicitor's Intermediate and Final and the Universities Law Examinations. — With Suggestions as to the books usually read, and the passages therein to which attention should be paid. By JOSEPH A. SHEARWOOD, B.A., Esq., Barrister-at-law, Author of "A Concise Abridgment of the Law of Real Property," &c. Demy 8vo. 1S79. 5s. 6d. " A work which will be very acceptable to candidates for the various examinations, any student of average intelligence who conscientiously follows the path and obeys the instructions given him by the author, need not fear to present himself as a candidate for any of the examinations to which this book is intended as a guide." — Law Journal. EXECUTORS,— Williams' Law of Executors and Ad- ministrators.— By the Rt. Hon. Sir EDWARD VAUGHAN WILLIAMS, late one of the Judges of Her Majesty's Court of Common Pleas. Eighth Edition. By WALTER VAUGHAN WILLIAMS and ROLAND VAUGHAN WILLIAMS, Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1879. 3?. 16s. " A treatise which occupies a unique position and which is recognised by the Bench and the profession as having paramount authority in the domain of law with which it deals." — Law Journal. EXECUTORY DEVISES.— Fearne.— Fide "Contingent Remainders." FACTORY ACTS.— Notcutt's Law relating to Factories and W^orkshops, with Introduction and Ex- planatory Notes. Second Edition. Comprising the Factory and Workshop Act, 1878, and the Orders of the Secretary of State made thereunder. ByGEO.JARVIS NOTCUTT, Solicitor, formerly of the Middle Temple, Esq., Barrister-at-Law, 12mo. 1879. 9s. " The task of elucidating the provisions of the statute is done in a manner that leaves nothing to be desired." — Birmingham Daily Gazette. FARM, LAW OF. — Addison ; Cooke. — Vide " Agricultural Law." Dixon's Law of the Farm — A Digest of Cases connected \vith the Law of the Farm, and including the Agricultural Customs of England and Wales. Fourth Edition. Including the " Ground Game Act, 1880." By HENRY PERKINS, Esq., Barrister-at-Law and Midland Circuit. Demy 8vo. 1879. 1?. Qs. "It is impossible not to be struck with the extraordinary research that must have been used in the compilation of such a book as this." — Laio Journal. *^f* All standard Laiv Il'or^-s are Tccpt in Stock., in law calf and other bindings. 16 STEVENS AND SONS' LAW PUBLICATIONS. FINAL EXAMINATION DIGEST.-Bedford.— Fide "Examination Guides." 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. "Mr. Piggott writes under strong conviction, but he is always careful to rest hia arguments on authority, and therel)y adds considerably to the value of his handy volume." Law Magaziiie and Review, November, 1879. " M. i-'jggott donne % I'^tude de I'une des questions les plus conaplexea du droit inter- national pnvd une forme tout nouvelle : il applique dans toute sa riRueur la methode des sciences exactCM, etue recule pas devarit I'emploi des formules algebricjups. C'dtait 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 CHITTY, Esqr. Demy 8vo. 1879. \l. 18s. Daniell's Forms and Precedents of Proceed- ings in the Chancery Division of the High Court of Justice and on Appeal therefrom ; 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 Forms." By WILLIAM HENRY UPJOHN, Esq., Student and Holt Scholar of Gray's Inn, &c., &c. Demy 8vo. 1879. 21. 2s. " Mr. Upjohn has restored the volume of Chancery Forms to the place it held before the recent changes, as a trustworthy and complete collection of precedents." — Solicitors' Journal. " We have had this work in practical use for some weeks, and so careful is the noting up of the authorities, so clearly and concisely are the notes expressed, that we have found 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, Esq., Barrister-at-Law. Royal 12mo. 1880. 15s. "This is distinctly a well-planned book, and cannot fail to be useful, not only to lawyers, but to those who may be locally engaged in the management of highways. — Law JouriHil. Chambers' Law relating to Highways and Bridges, being the Statutes in full and brief Notes of 700 Leading Cases; together with the Lighting Act, 1833. By GEO. F. CHAMBERS, Esq., Barrister-at-Law. Imperial 8vo. 1878. 18s. 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. *„* All standard Law Works arc kc2itinStock,inlaw calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 17 INCLOSURES.— Fide "Commons." INDIAN LAW — Norton's Leading Cases on the Hindu Law of Inheritance.— 2 vols. Royal 8vo. 1870-71. Net, 21. 10». IN JUNCTIONS.— Seton.— Vide " Equity." INSURANCE.— Arnould on the La^A/■ of Marine Insu- rance.— Fifth Edition. By DAVID MACLACHLAN, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1877. 3^ " 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- national La^A^, — Delivered in the Middle Temple Hall to the Students of the Inns of Court, by SHELDON AMOS, M.A., Pro- fessor of Jurisprudence (including International Law) to the Inns of Court, &c. Royal 8vo. 1874. 10s. Gd. Calvo's Le Droit International Theorique et Pratique Precede d'un Expose Historique des Progres de la Science du Droit des Gens. Troisibme Edition. Par M. CHARLES CALVO. 3 vols. Royal 8vo. Vol. I. 1880. _ _ Net, 15s. Dicey. — Vide "Domicil." Kent's International La^^^. — Kent's Commentary on International Law. Edited by J. T. ABDY, LL.D., Judge of County Courts. Second Edition. Revised and brought down to the present time. Crown 8vo. 1878. 10s. Qd. "Altogether Dr. Abdy has performed his task in a manner worthy of his reputation. His book will be useful not only to Lawyers and Law Students, for whom it was primarily intended, but also for laymen. It is well worth the study of every member of an enlightened and civilized community." — Solicitors' Journal. Levi's International Commercial Law. — Being the Principles of Mercantile Law of the following and other Countries — viz. : England, Ireland, Scotland, British India, British Colonies, Austria, Belgium, Brazil, Buenos Ayres, Deimiark, France, Germany, Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, Russia, Spain, Sweden, Switzerland, United States, and Wurtemberg. By LEONE LEVI, Esq., F.S.A., F.S.S., Barrister-at-Law, &c. Second Edition. 2 vols. Royal 8vo. 1863. i;. ISs. Vattel's Law of Nations.— By JOSEPH CHITTY, Esq. Royal 8vo. 1834. \l. U. Wheaton's Elements of International La"w; Second English Edition. Edited with Notes and Appendix of Statutes and Treaties, bringing the work down to the present time. By A. C. BOYD, Esq., LL.B., J.P., Barrister-at-Law. Author of "The Merchant Shipping Laws." Demy 8vo. 1880. 1^. 10s. " Mr. Boyd, the latest editor, has added many useful notes ; he has inserted in the Appendix public documents of permanent value, aud there is the prospect that, as edited by Mr. Boyd, Mr Wheaton's volume will enter on a new lease of life." — Tlic Times. "Both the plan and execution of the work before us deseives commendation. Mr Boyd gives prominence to the labours of others. The text of Wheaton is presented without alteration, and Mr. Dana's numbering of the sections is preserved. Mr. Boyd's notes, which are numerous, original, aud copious, are conveniently interspersed through- out the text ; but they are in a distinct type, and therefore the reader always knows 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 consequently, valuable to public writers, who iu these days have frequently to refer to International Law." — Law Jownal. " 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 Law." Thring's (Sir H.) Joint Stock Companies' Law.— The Law and Practice of Joint Stock and other Companies, including the Companies Acts, 1862 to 1880, with Notes, Orders, and Rules in Chancery, a Collection of Precedents of Memoranda and Articles of Association, and all the other Forms required in Making, Administer- ing, and Winding-up a Company ; also the Partnership Law Amend- 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. "This, as the work of the original draughtsmau of the Companies' Act of 1862, and well-known Parliamentary counsel, Sir Heniy Thring is naturally the highest authority on the subject." — 77ie Times. Jordan's Joint Stock Companies. — A Handy Book of Practical Instructions for the Formation and Management of Joint Stock Companies. Sixth Edition. 12mo. 1878. Net, 2s. 6d. JUDGES' CHAMBERS PRACTICE.— Archibald's Forms of Summonses and Orders, with Notes for use at Judges' 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 plain directions how to proceed in all the matters connected with a common law action, interpleader, attachment of debts, mandamus, injunction— indeed, the whole jurisdiction of the common law divisions, in the district registries, and at Judges' chambers." — Lavj Times, July 26, 1879. " A clear and weU-digested vade mecum, which will no doubt be widely used by the profession.'' — Law Magazine, November, 1879. JUDGMENTS,— Piggott. — Vide "Foreign Judgments." Walker's Practice on Signing Judgment in the High Court of Justice. With Forms. By H. H. WALKER, Esq., of the Judgment Department, Exchequer Division. Crown 8vo. 1879. is. 6d. "The book undoubtedly meets a want, and furnishes information available for almost evei-y branch of practice." "We think that solicitors and their clerks will find it extremely useful."— Zaw Journal. JUDICATURE ACTS.— Ilbert's Supreme Court of Judi- cature (Officers) Act, 1879 ; with the Rules of Court and Forms, December, 1879, and April, 1880. With Notes. By COURTENAY P. ILBERT, Esq., Barrister-at-Law. Royal 12mo. 1880. 6s. {In limp leather, 9s. Qd.) *^* A LARGE PAPER EDITION (for marginal notes). Royal 8vo. 8s. {In limp leather, 12s.) Tlie above forms a Sxipplement to " Wilson's Judicature Acts." Lynch's Epitome of Practice in the Supreme Court of Judicature in England. With References to Acts, Rules, and Orders. For the Use of Students. Fourth Edition. Royal 8vo. 1878. Net, Is. Morgan. — Vide "Chancery." Stephen's Judicature Acts 1873, 1874, and 1875, consolidated. With Notes and an Index. By Sir JAMES FITZJAMES STEPHEN, one of Her Majesty's Judges. 12mo. 1875. _ is. 6d. *^* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.O. 19 JUDICATURE f^CT S.-Contmued. Swain's Complete Index to the Rules of the Supreme Court, April, 1880, and to the Forms (uniform with the Official Rules and Forms). By EDWARD SWAIN. Imperial 8vo, 1880. Net, Is. " An almost indispensablo addition to the recently issued mlea." —Sol icitorg' Journal, May 1, 18S0. Wilson's Supreme Court of Judicature Acts, Appellate Jurisdiction Act, 1876, Rules of Court and Forms. With other Acts, Orders, Rules and 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- SON, of the Inner Temple, Barrister-at-Law . (Assisted by 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. 1878. (In limp leather or calf, 30s.) 1^. 5s. "Asresards Jlr. Wilson's notes, we can only say that they are indispensable to the proper understan.ling of the new sy-ito:n of procedure. They treat the priuciples upon which the alterati.ms are based with a clearness and breadth of view which have never been equalled or even approached by any other commentator." — Solicitors' Journal. "Mr. Wilson has bestowed upon this edition an amount of industry and care which the Bench and the Profession will, we are sure, gratefully ackaowledge A conspicuous and important feature in this second edition is a talile of cases prepared by Mr. Biddle, in which not only are cases given with references to two or three reports, but every place in which the cases are reported WUson's ' Judicature Acts, 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.— An Inaugural Lecture on Jurisprudence, and a Lecture on Canon 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 of Question and Answer. By ALFRED HENRY RUEGG, of the Middle Temple, Barrister-at-Law. Post 8vo. 1879. 5s. " The student will be greatly assisted in clearing and arranging his knowledge by a work of this kind." — Law Journal. JUSTICE OF THE PEACE.— Burn's Justice of the Peace and Parish Officer. — Fldited under the Superintendence of JOHN BLOSSETT MAULE, Esq., Q.C. The Thirtieth Edition. Vol. I., containing "Abatement" to "Dwellings for Artisans;" by THOS. S. PRITCHARD, Esq., Recorder of Wenlock. Vol. II., " Easter Offering " to "Hundred ;" by SAML. B. BRISTOWE, Esq., Q.C, M.P. Vol.111., "Indictment" to "Promissory Notes ;" by L. W. CAVE, Esq., Q.C, Recorder of Lincoln. Vol. IV., " Poor ;" by J. E. DAVIS, Esq., Stipendiary Magistrate for Stoke-upon- Trent. Vol. V., " Quo Warranto" to "Wreck;" by J. B. MAULE, Esq., Q.C, Recorder of Leeds. Five vols. Svo. 1869. (Published at 71. 7s.) Net, 21. 2s. Paley. — Vide "Convictions." *^* All standard Law Works are kept in Stock, in law calf and other bindings. 20 STEVENS AND SONS' LAW PUBLICATIONS. JUSTICE OF THE PE fiAr 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. 1870. {FuUished at 9s. 6d.) Net, 2s. 6d. Chitty's Collection of Statutes. — A Collection of Statutes of Practical Utility ; arranged in Alphabetical and Chronological order, with Notes thereon. The Fourth Edition, containing the Acts and Cases down to the close of the present Session of Parliament, in larger type than that of the former Editions, and with increased facilities for Reference. By J. M. LELY, Esq., Barrister-at-Law. In 6 very thick vols. Royal 8vo. 1880. 12/. 12s. " When he (Lord Campbell) was upon the Bench he always had this work by him, and no statutes were ever referred to by the Bar which he could not find in it." *The Revised Edition of the Statutes, a.d. 1236- 1868, prepared under the direction of the Statute Law Committee, published by the authority of Her Majesty's Government. In 15 vols. Imperial 8vo. 1870-1878. Vol. 1. — Henry III. to James II., ,^ 2.— Wm. & Mary to 10 Geo. IIL, „ 3.— 11 Geo. III. to 41 Geo. III., ,, 4._41 Geo. IIL to 51 Geo. IIL, „ 5.-52 Geo. III. to 4 Geo. IV., „ 6.-5 Geo. IV. to 1 & 2 Will. IV., „ 7.-2 & 3 Will IV. to 6 & 7 Will. IV., ,, 8.-7 Will. IV. & 1 Vict, to 5 & 6 Vict, „ 9.-6 & 7 Vict, to 9 & 10 Vict., „ 10.— 10 & 11 Vict, to 13 & 14 Vict., ^^ ll._14 & 15 Vict, to 16 & 17 Vict., „ 12.— 17 & 18 Vict, to 19 & 20 Vict., „ 13.— 20 Vict, to 24 & 25 Vict., ^^ 14.— 25 & 26 Vict, to 28 & 29 Vict., „ 15.— 29 & 30 Vict, to 31 & 32 Vict., and : Supplement, ' *^^* The above Work is now completed. •Chronological Table of and Index to the Statutes to the end of the Session of 1879. Sixth Edition, imperial 8vo. 1880. 14s. *Public General Statutes, royal 8vo, issued in parts and in complete volumes, and supplied immediately on publication. * Printed by Her Majesty's Printers, and Sold by Stevens & Sons. * * All standard Law Worlcs are kept in Stock, in law calf and other bindings. 19/. 9s. 1235-1685 . 11. Is. , Od. 1688-1770 . 1 1770-1800 . 17 1801-1811 . 18 1812-1823 . 1 5 1824-1831 . 1 6 1831-1836 . 1 10 1837-1842 . 1 12 6 1843-1846 . 1 11 6 1847-1850 . 1 7 6 1851-1853 . 1 4 1854-1856 . 1 6 1857-1861 . 1 10 1862-1865 . 1 10 1866-1867-8 1 10 6 119, CHANCERY LANE, LONDON, W.C. 29 SUMMARY CONVICTIONS.— Paley's Law and Practice of Summary Convictions under the Sum- mary Jurisdiction Acts, 1848 and 1879 ; iucluding Proceedings preliminary and subseijuent to Convictions, and the responsibility of convicting Magistrates and their Officers, with Forms. Sixth Edition. By W. H. MACNAMAllA, Esq., Bar- rister-at-Law. Demy 8vo. 1879. 1^. 4s. " Wc gladly welcome this good edition of a good book." — Solicitors' Joui-nal. Templer's Summary Jurisdiction Act, 1879. — Rules and Schedules of Forms. With Notes. By FREDERIC GORDON TEMPLER, Esq., Barrister-at-Law. Demy 8vo. 1880. 5s. " We think this edition everything that could be desired."— jS/i«^«W Post, Feb. 7, 1880. Wigram. — Vide "Justice of the Peace." SUMMONSES AND ORDERS.— Archibald.— Fide "Judges' Cham- TAXES ON SUCCESSION—Trevor's Taxes on Succes- sion. — A Digest of the Statutes and Cases (including those in Scotland and Ireland) relating to the Probate, Legacy and Succession Duties, with Practical Observations and Official Forms. Third Edition. Completely rearranged and thoroughly revised. By EVELYN FREETH and ROBERT J. WALLACE, of the Legacy and Succes- sion Duty Office. Royal 12mo. 1880. 12s. M. TITHES.— Burnell.— The London City Tithe Act, 1879, and the other Tithe Acts effecting the Com- mutation and Redemption of Tithes in the City of London, with an Introduction and Notes, &c. By HENRY BLOMFIELD BURNELL, B.A., LL.B., of Lincoln's Inn, Esq., Barrister-at-Law. Demy 8vo. 1880. 10s. Qd. TORTS. — Addison on Wrongs and their Remedies. — Being a Treatise on the Law of Torts. By C. G-. ADDISON, Esq., Author of " The Law of Contracts." Fifth Edition. Re-written. By L. W. CAVE, Esq., M.A., one of Her Majesty's Counsel Recorder of Lincoln. Royal 8vo. 1879. 1^. 18s. " As now presented, this valaable treatise must prove highly acceptable to judges and the profession." — Law Times. " Cave's 'Addison on Torts ' will be recognized as an indispensable addition to every lawyer's library." — Laru Magazine. Ball. — Vide "Common Law." TRADE MARKS.— Rules under the Trade Marks' Re- gistration Act, 1875 (by Authority). Sewed. Net, Is. Sebastian on the Law of Trade Marks. — The Law of Trade Marks and their Registration, and matters connected there- with, including a chapter on Goodwill. Together with Appendices containing Precedents of Injunctions, &c. ; The Trade Marks Regis- tration Acts, 1875 — 7, the Rules and Instructions thereunder; The Merchandise Marks Act, 1862, and other Statutory enact- ments; and The United States Statute, 1870 and 1875, and the Treaty with the United States, 1877 ; and the New Rides and Instructions issued in February, 1878. With a copious Index. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Lincohi's Inn, Esq., Barrister-at-Law. 8vo. 1878. 145. " The book cannot fail to be of service to a large class of lawyers." — Solicitors' Journal. " Mr. Sebastian has written the fullest aud most methodical book on trade marks which has appeared in England since the passing of the Trade Marks Registration Acts." — Trade Marks. " Viewed as a compilation, the book leaves little to be desired. Viewed as a treatise on a subject of growing importance, it also strikes us as being well, and at any rate carefully executed.'' — Law Journal. '•Mr. Sebastian's book is a careful statement of the law," — Law Time*. *\* All Standard Law Works arc kept in Stock, in law calf and othei' bindings. 30 STEVENS AND SONS' LAW PUBLICATIONS. TRADE MARKS -Contimed. Sebastian's Digest of Cases of Trade Mark, Trade Name, Trade Secret, Goodwill, &c., de- cided in the Courts of the United Kingdom, India, the Colonies, and the United States of America. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Lincoln's Inn, Esq., Barrister-at-Law, Author of "The Law of Trade Marks." Demy 8vo. 1879. Ills. " A digest which will be of very great value to all practitioners who have to advise on matters connected with trade marks." — Solicitors' Journal, July 2U, 1S79. Trade Marks Journal.— 4to. Sewed. {Issued fortnightly.) Nos. 1 to 198 are now ready. Net, each Is. Index to Vol. I. (Nos. 1—47.) Net, 3s. Ditto, „ Vol. IL (Nos. 48—97.) Net, 3s. Ditto, „ Vol. IIL (Nos. 98—123.) Net, 3s. Ditto, „ Vol. IV, (Nos. 124—156.) Net, 3s. Ditto, „ Vol. V. (Nos. 157—183.) Net, 3s. Wood's La^Ar of Trade Marks. — Containing the Mer- chandise Marks' Act, 1862, and the Trade Marks' Registration Act, 1875 ; with the Rules thereunder, and Practical Directions for ob- taining Registration ; with Notes, full Table of Cases and Index. By J. BIGLAND WOOD, Esq., Barrister-at-Law. 12mo. 1876. 5s. TRAMWAYS.— Palmer.— FtcZe " Conveyancing." Sutton's Tram\'vay Acts. — The Tramway Acts of the United Kingdom, with Notes on the Law and Practice, and an Appendix containing the Standing Orders of Parliament, Rules of the Board of Trade relating to Tramways, and Decisions of the Referees with respect to Locus Standi. By HENRY SUTTON, B.A., of Lincoln's Inn, Barrister-at-Law. Post 8vo. 1874. 12s. TRUSTS AND TRUSTEES— Godefroi's Digest of the Principles of thie l^aw of Trusts and Trus- tees.— By HENRY GODEFROI, of Lincoln's Inn, Esq., Ban-ister-at-Law. Joint Author of " Godefroi and Shortt's Law of Railway Companies." Demy 8vo. 1879. 1^. Is. " No one who refers to this book for information on a question within its range is, we tliink, likely to go away unsatisfied." — Saturday Review, September 6, 1879. "Is a work of great utUity to the practitioner." — Law Magazine. " As a digest of the law, Mr. Godefroi's work merits commendation, for the author's statements are brief and clear, and for his statements he refers to a goodly array of authorities. In the table of cases the references to the several contemporaneous reports are given, and there is a very copious index to subjects." — Law Journal. USES.— Jones (W. Hanibury) on Uses.— 8vo. 1862. 7s. VENDORS AND PURCHASERS Dart's Vendors and Pur- chasers. — A Treatise on the Law and Practice relating to Ven- dors and Purchasers of Real Estate. By J. HENRY DART, of Lincoln's Inn, Esq.. one of the Six Conveyancing Counsel of the High Court of Justice, Chancery Division. Fifth Edition. By the AUTHOR and WILLIAM BARBER, of Lincoln's Inn, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1876. 3^. 13s. 6c/. " A standard work like Mr. Dart's is beyond all praise." — I%e Law Journal. WATERS.— Woolrych on the Law of Waters.— Including Rights in the Sea, Rivers, Canals, &c. Second Edition. 8vo. 1851. Goddard. — Vide *' Easements." Net, 10s. WATERWORKS— Palmer.— Fic/e " Conveyancing." WILLS,— Rawlinson's Guide to Solicitors on taking Instructions for Wills.— 8vo. 1874. 4s. STEVENS & SONS, 119, CHANCERY LANE, LONDON, W.C. STEVENS AND SONS' LAW PUBLICATIONS, 31 Vf\LLS.—Conii,iued. Theobald's Concise Treatise on the Construc- tion of "Wills.— With Table of Cases and Fulllndex. By H. S. THEOBALD, of the Inner Temple, Esq., Barrister-at-Law, and Fellow of Wadham College, Oxford. 8vo. 1876. 1/. "Mr. Theobald has certainly given evidence of extensive investigation, conscientioua labour, and clear exposition." — Law Magazine. "We desire to record owe decided impression, after a somewhat careful examination, that this is a book of great ability and value. It bears on every page traces of care and sound judgme»t. It is certain to prove of great practical usefulness, for it supplies a want which was beginning to be distinctly felt." — Solicitors' Journal. "His arrangement being good, and his statement ol the effect of the decisions beiiic clear, his work cannot fail to be of practical utility, and as such we can commend it to the attention of the profession." — Law Times. "It is remarkably well arranged, and its contents embrace all the principal beads on tlie subject."— ia!5 Journal. WRONGS.— Addison.— FicZe "Torts." ^E^IBFOIRI'S, — A large stock new and second-hand. Catalogue on apiMcation. Bi."Dsr3DUsrG-. — Executed in the best manner at mode- rate prices and with dispatch. The Law Reports, Law Journal, and all other Reports, bound to Offce Patterns, at Office Prices. f:rx^at?:b acts — The Publishers of this Cata- logue iMssess the largest known collection of Private Acts of Parliament {including Public and Local), and can supply single copies commencing from a very early period. "V-JLIjTJJ^TIOIsrs.. other pur'poses. -For ProbatC) Partnership, or STEVENS AND SONS, 119, CHANCERY LANE, LONDON, W.C. JfE¥ ¥OEKS AND SEW EDITIONS. Archibald's Handbook of the Practice in tlae Com- mon La^A^ Divisions of the Higli Court of Justice; with Forms for the use of Country Solicitors. By W. F. A. Archibald, Esq., Barrister-at-Law, Author of " Forms of Summonses and Orders, with Notes for use at Judges' Chambers," &c. {In theprcsx.) Bro^Arne and Theobald's llaw^ of Railways. By /. H. Balfour Browne, of the Middle Temple, Esq., Barrister-at-Law, Eeyistrar to the Railway Commissioners, and H. S, Theobald, of the Inner Temple, Esq., Barrister-at-Law. (In the press.) Bullen and Leake's Precedents of Pleading. Fourth Edition. By T. J. Bidlen, Esq., Special Pleader, and Cyril Dodd, of the Inner Temple, Esq., Barrister-at-Law. {In the press.) Coote's Treatise on the Law of Mortgage. Fourth Edition, thoroughly revised. By William Wyllys Mackeson, Esq., one of Her Majesty's Counsel. {Nearly ready.) Daniell's Chancery Practice.— Sixth Edition.— By L. Field and E. C. Dunn, Esqrs., Barristers-at-Law. Assisted by W. H. Upjohn, Esq., Student and Holt Scholar of Gray's Inn, &c.. Editor of the Third Edition of "Daniell's Forms." Dodd's Church and Burial Fees, and the Burials Act, 1880, with Notes. By /. TAeocZore Z^oc^rf, M.A., of Lincoln's Inn, Barrister-at-Law. Fry's Specific Performance. — A Treatise on the Specific Per- formance of Contracts! Second Edition. By the Hon. Sir Edivard Fry, one of the Judges of Her Majesty's High Com-t of Justice, assisted by W. Donaldson Rawlins, of Lincoln's Inn, Esq., Barrister- at-Law, M.A., and late Fellow of Trinity College, Cambridge. Macaskie's Treatise on the Law of Executors and Administrators, and of the Administration of the Estates of Deceased Persons. By Stuart Macaskie, of Gray's Inn, Esq., Barrister- at-Law. {Nearly ready.) Morgan and Davey's Treatise on Costs in Chan- cery. Second Edition. By the Eight Honourable George Osborne Moi'ffan, of Lincoln's Inn, one of Her Majesty's Counsel ; and E. A. Wurtzburg, of Lincoln's Inn, Esq., Barrister-at-Law. With an Appen- dix containing Forms and Precedents of Bills of Costs. Odgers on Libel and Slander. — A Digest of the Law of Libel and Slander, with the Evidence, Procedure and Practice, both in Civil and Criminal Cases. By W. Blake Odgers, M.A., LL.D., Barrister- at-Law, Western Circuit. {In the press.) Pollock's Digest of the Law of Partnership.— Second Edition. — By Frederick Pollock, of Lincoln's Inn, Esq., Barrister-at- Law, Author of "Principles of Contract." {In the press.) Steer's Parish 'L.sc-iv. — Fourth Edition. By W. II. Macnanuira, Esq., Barrister-at-Law. {In the pi-ess.) Stone's Practice for Justices of the Peace, Justices' Clerks, and Solicitors at Petty and Special Sessions, &C. Ninth Edition. By F. G. Templcr, of the Inner Temple, Esq., Barri.ster-at-Law, Editor of " The Summary Jurisdiction Act, 1879." STEVENS AND SONS, 119, CHANCERy LANE, LONDON, W.C. See also Catalogue at end of this Volume. STEVENS AND SONS, 119, CHANCERY LANE, W.C. Rogers on Elections, Registration, and Election Agency. Thirteenth Edition. Including Petitions and Municipal Elections and Kesisteition. With an Appendix of Statutes and Forms. By JOHN CORKIE CARTER, Esq., Barrister-at-Law, and Midland Circuit. Royal \2mn. 1880. Price II. IS*', cloth. " Petition has been added setting forth the procedure and tlie decisions on that subject, and the statutes passed since the last edition are explained down to the Parliamentary Elections and Corrupt Practices Act (1S80)."— 7%e Times, March 27, 1880. Cavanagh's Law of Money Securities. — In Three Books. I. Personal Securities. II. Securities on Property. III. Miscellaneous. With an Appendix containing the Crossed Cheques Act, 1876, Locke King's Act and Amending Acts, the Bills of Sale Act, 1878, The Factors Acts, 1823 to 1877. By C. CAVANAGH, B.A., LL.B. (Lond.), of the Middle Temple, Barrister-at-Law. Demy Svo. 1879. Price 11. Is. cloth. "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 22, lS8(t. Bedford's Guide to Stephen's New Commentaries on the Laws of England. Seventh Edition. By QUESTION AND ANSWER. Qvo. 1879. Price 12s. cloth. " Here is a book which will be of the greatept service to students." — La^l} Journal. Bedford's Final Examination Digest. — Containing a Digest of the Final Examination Questions in matters of Law and Procedure detei-mined by the Chancery, Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice ; and on the Law of Real and Personal Property ; and the Practice of Conveyancing. By EDWARD HENSLOWE BEDFORD, Solicitor. Author of " The Guide to Stephen's Commentarie.s," &c. Svo. 1879. Price 16s. clotli.. 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Smith's Real and Personal Property. — A Compendium 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 Practitioners. By JOSIAH W. SMITH, B.C.L., Q.C. Fifth Edition. 2 vols. Demy Svo. 1877. Price 21. 2s. cloth. "He has given to the student a book which he may read over and over again with profit and pleasure." — Laio Times. Wharton's Law Lexicon, or Dictionary of Jurisprudence, Explaining the Technical Words and Phrases employed in the several Departments vof English Law ; including the various Legal Terms used in Commercial Business ; with an Explanatory as well as Literal translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. Sixth Edition. Revised in accordance with the Judicature Acts, by J. SHIRESS WILL, of the Middle Temple, Esq., Barrister-at-Law. Svper-royal Svo. 1876. Price 21. 2s. cloth. " As a work of reference for the library, the ham some and elaborate edition of ' Wharton's Law Lexicon ' which vir. Shire>i. Price I2s. VxL cloth. "As a handy lionk of reference on a difficult and important braDcb of the law, it is most valuable." — Sciturday Review. Archibald's Forms of Summonses and Orders, with Notes for use at Judges' Chambers and in the District Registries. By W. F. A. ARCHI- BALD, M.A., of the Inner Temple, Barrister-at-Law. Royal 12i)io. 1S79. Price 12«. e>d. cloth. " The work is done most thoroughly and yet conci.sely." — Laiv Times. 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 8co. 1878. Price 14.«. cloth. Dixon's Law of the Farm. — A Digest of Cases connected with the Law of the Farm, including the Agricultural Customs of England and Wales. Fourth Edition. By HENRY PERKIN,-, Esq.. Barrister-at-Law. Demy 8fO. 1879. Price U. 6.s. cloth. " The book is now more complete and valuable than ever." -Mark Lane Expre.'ss. Sebastian's Digest of Cases of Trade Iklark, Trade Name, Trade Secret, Goodwill, &?., decided in the Courts of the United Kingdom, India, the Colonies, and the United States of America. By LEWIS BOYD SEBASTIAN, B.C.L., M.A., of Lincoln's Inn, Esq., Barrister-at-Law, Author of " The Law of Trade Marks." Demy Svo. 1879. Price II. Is. cloth. "A digest which will be of very great value to all practitioners wlio have to advise on matters coniiected with trade marks." — Solicitors' Journal. Roscoe's Digest of the Law 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 \2mo. 1879. Price 21. cloth. {Bound in one thick volume calf or circuit, 5s., or in two convenient vols, calf or circuit, 9s. net extra.) Roscoe's Digest of the Law of Evidence in Criminal Cases. —Ninth Edition. By HORACE SMITH, of the Inner Temple, Esq., Barrister-at- Law. Royal 12>Ho. 1878. Price 11. lis. 6d. cloth. Roscoe's Admiralty Practice.— A Treatise on the Jurisdic- tion and Practice of the Admiralty Division of the High Court of Justice, and on Appeals therefrom, &c. With an Appendix containing Statutes, Rules as to Fees and Costs, Forms, Precedents of Pleadings and Bills of Costs. By E. S. ROSCOE, Esq., Barrister-at-Law, and Northern Circuit. Demy Svo. 1878. Price 11. cloth. "51r. Koscoe nas performej his tasls well, supplying in the most convenient shape a clear digest of the law and practice of the Admiralty Courts." — Liverpool Courier, Churchill's Law of the Office and Duties of the Sheriff, with the Writs and Forms relating to the Office. By CAMERON CHURCHILL, of the Inner Temple, assisted by A. CARMICHAEL BRUCE, of Lincoln's Inn, Esqrs., Barristers at-Law. Demy Svo. 1879. Price 18s. cloth.. "Compiled with exceptional care."— Z,o«i Time.i. Templer's Summary Jurisdiction Act, 1879.— Rules and Schedttles of Forms. With Notes. By FREDERIC GORDON TEMPLER, Esq., Banister-at-Law. Demy Svo. 1880. Price os. cloth. "We think this edition everything that could be dcsucd."—Shttfiel(i Post. The Justices' Note Book. — By W. Knox Wigram, Esq., Barrister-at-Law, J. p. Middlesex. Royal \'2mo. 1880. Price IQs. t^d. cloth. "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 them have hitherto possessed." — Solicitnrx' Journal. "This is altogether a capital book. Mr. AVigram is a good lawyer and a good justices' lawyer." — Lair Journal. '■ VVc can thoroughly recommend the volume to magistrates." — Lao: Times. *»* A Catalogue qf Modern Law Worlds, Reports, tL-c, 8io, cloth, price 6d., post free.