pr: 
 
cry 
 
 03 
 
 < 
 
 t 
 
 cfl _ 
 ^ <a 
 
 > 
 
 u 
 
 z 
 
 o 
 
 o 
 (J 
 
 o 
 
 c 
 
 c 
 o 
 
 «5 
 
 00 
 
 3 
 
 a. 
 
 5 I 
 
 a. 
 
 o 
 
 o 
 
 c 
 u 
 
 c 
 
 o 
 o 
 
 Xi 
 
 H 
 
 z 
 
 < 
 
 a 
 
 < 
 o , 
 
 X 
 
 to E 
 < S 
 
 J I 
 
 o I 
 3 I 
 O 
 Q 
 
 M 
 O 
 
 —) 
 
 to 
 
 z 
 
 < 
 S 
 
 o 
 u 
 <. 
 
 o 
 
 99 
 
Cornell University Library 
 KD 7869.C87 1870 
 
 The Criminal Law Consolidation Acts :wit 
 
 3 1924 021 861 657 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tile Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924021861657 
 
THE 
 
 OEIMINAL LAW 
 
 CONSOLIDATION ACTS; 
 
 WITH 
 
 NOTES OP THE CASES DECIDED ON THEIE 
 CONSTEUCTION. 
 
 Tl^'^"^ 
 
 Bt EDWAED W. ^OX, S.L., 
 
 Recorder of Portsmouth; 
 
 THOMAS WILLIAM SAUNDBES, Esq., 
 
 JSanister-at-Lam, Recorder of Bath. 
 
 THE THIRD EDITION, 
 
 CONTAINING 
 
 THE SUBSEQUENT OEIMINAL LAW STATUTES. 
 
 THE PRINCIPLES OF PUNISHMENT, 
 BY EDWARD W. COX, S.U 
 
 THE LAW OF ARREST WITHOUT A WARRANT, 
 
 ' AND 
 
 THE LAW AS TO ATTEMPTS TO COMMIT 
 
 CRIMES, 
 
 BY C. & GREAVES, ac. 
 
 ♦ 
 
 A TABLE OF CRIMES AND THEIR PUNISHMENTS. 
 
 BY H. F. PURCELL, ESa 
 
 Barnster-at-Law. 
 
 LONDON: 
 LAW TIMES OFFICE, 10, WELLmGTON STREET, STRAND, W 0. 
 
 1870. 
 
LONDON : 
 PKINTED BT HORACE COX, WELLINGTON-STREET, STRAND. 
 
PREFACE. 
 
 The following " Table of Crimes and their Punish- 
 ments " having been framed in imitation of the more 
 elaborate one of Mb. Oke, in chap. ii. of Part II, of his 
 valuable work, " The Magisteeial Synopsis," and in 
 a considerable measure adapted from it, the Compiler 
 desires in this place to express his obligations for the 
 aid obtained from the " Synopsis," which saved him 
 from much labour in the collation of the Criminal 
 Law Statutes. Some of the earlier copies of this work 
 appeared without this acknowledgnlent, much to the 
 Compiler's regret. 
 
 H; F. P. 
 
 Temple, Dec. 12, 1870. 
 
PREFACE 
 
 TO THE 
 
 THIRD EDITION. 
 
 Advantage has been taken of the call for a new edition 
 of this volume to introduce the entire of the Criminal 
 Law, as affected by statute and by judicial decision from 
 the passing of the Criminal Law Consolidation Acts to 
 the end of the last session of Parliament. 
 
 ' By the courtesy of Mr, Q-ebavbs, Q.C, the learned 
 framer of those consolidated acts, the Editors are 
 enabled to add valuable papers from his pen on two 
 often recurring but imperfectly understood questions in 
 Criminal Law : the one, upon the Power to Arrest 
 without Warrant; the other, upon the Law of Attempts 
 to Commit Crimes. One of the Editors has contributed 
 a short Essay designed to suggest to Judges and 
 Magistrates some principles by which the Punishment 
 of Crime may be regulated, with a view to the 
 bringing about of more uniformity in sentences ; and 
 Mr. PuBCBLL has prepared a Table of Crimes and 
 their Punishments, which will be useful for ready 
 reference. 
 
 Tenq)h, Oct. 15, 1870. 
 
CONTENTS. 
 
 INTRODUCTION. 
 
 page 
 The Peinciples of Pdnishment. By Edward W. 
 Cox, S.L i 
 
 The Fobjeitdkb foe Felonies Act. By Edward W. 
 
 Cox, S.L xlviii 
 
 The HABiTnAL Cbimdiais Act. By Edward W. Oox, S.L. Iv 
 
 The Law of Aekest without a ■Wabrant. By 0. S.. 
 
 GhreaTes, Esq., Q.G. Ixi 
 
 The Law as to Attempts to Commit Ckimes. By C. S. 
 
 Greaves, Esq., Q.C. ... Ixxxiv 
 
 Tabu! of Cbimes and theie Pdhishmbnts. By H. F. 
 
 Puroell, Barrieter-at-Law .. ... ... ... cxxv 
 
 STATUTES. 
 
 24 & 25 Vict. t. 94 (Accessories and Abettors) 1 
 
 24 & 25 Vict. u. 95 (Criminal Statutes Repeal) 6 
 
 24 & 25 Vict. c. 96 (Larceny) 22 
 
 24 & 25 Vict. c. 97 (Malicious Injuries to Property) ... 100 
 
 24 & 25 Vict., c. 98 (Forgery) 139 
 
 24 & 25 Viof. 0. 99 (Coinage Offences) 174 
 
 24 & 25 Vict. c. 100 (Offences against the Person) 198 
 
 24 Vict. c. 10 (Admiralty Court JuHsdiotion), s. 26 ... 235 
 
 24 & 25 Vict. c. 66 (Criminal Proceedings Oath Belief) ... 236 
 
 24 & 25 Vict. c. 110 (Dealers in Old Metal), ss. 3, 4, 5 ... 237 
 
 24 & 25 Vict. c. 44 (Discharged Prisoners Aid) 240 
 
 25 & 26 Vict. u. 54 (Transfer of Land), ss. 105, 106, 107, 138, 
 139, 140 243 
 
 25 & 26 Viot. u. 63 (Merchant Shipping Act Amendment), 
 ss. 16, 66 245 
 
 25 & 26 Viot. 0. 64 (Naval and Victualling Stores), ss. 1, 
 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 
 21,22,23 247 
 
Contents. 
 
 25 & 26 Vict. 0. 65 (Jurisdiction in Homicides) 261 
 
 25 & 26 Vict, c. 88 (Merchandise Marks) 276 
 
 25 & 26 Vict. 0. 89 (The Companies), ss. 166, 167, 168, 169 293 
 25 & 26 Vict. 0. 103 (Union Assessment Committee), s. 40 294 
 25 & 26 Vict. o. 107 (The Juries, 1862) 295 
 
 25 & 26 Vict. c. 114 (Poaching Prevention) 303 
 
 26 & 27 Vict. c. 103 (Misappropriation by Servants) ... 306 
 
 27 & 28 Vict. c. 47 (Penal Servitude Acts Amendment) ... 310 
 
 27 & 28 Vict. 0. 110 (Limited Penalties) 317 
 
 28 Vict. c. 18 (Felony and Misdemeanor, Evidence and Prac- 
 tice Amendment) ... ... ... ... ... ... 318 
 
 28 & 29 Vict. c. 127 (SmaU Penalties) 321 
 
 29 & 30 Vict. c. 52 (Prosecution Expenses) 323 
 
 29 & 30 Vict. 0. 117 (Reformatory Schools) 326 
 
 29 & 30 Vict. c. 118 (ludnstrial Schools) 349 
 
 30 & 31 Vict. u. 35 (Criminal Law Amendment) 374 
 
 30 & 31 Vict. o. 115 (Justices of the Peace) 381 
 
 30 & 31 Vict. c. 119 (Naval Stores (No. 2) 383 
 
 31 Vict. 0. 24 (Capital Punishment within Prisons) ... 389 
 
 31 & 32 Vict. c. 37 (Documentary Evidence) 395 
 
 31 & 32 Vict. o. 52 (Vagrant Act Amendment) 399 
 
 31 & 32 Vict. u. 116 (Larceny and Embezzlement) 400 
 
 32 & 33 Vict. 0. 62 (Debtors) 402 
 
 32 & 38 Vict. o. 68 (Evidence further Amendment) 416 
 
 32 & 33 Vict. c. 99 (Habitual Criminals) 418 
 
 33 & 34 Vict. 0. 23 (Forfeitures for Treason and Felony) ... 433 
 
 33 & 34 Vict. c. 49 (Evidence Amendment) 448 
 
 33 & 34 Vict. 0. 52 (Extradition) 450 
 
 33 & 34 Vict. c. 60 (Forgery) 467 
 
 Index 471 
 
TABLE OF CASES. 
 
 
 page 
 
 
 Hancock ». Lowes ... 
 
 ... 216 
 
 Eeg. 
 
 Hndson v. McBea ... 
 
 ... 38 
 
 Beg. 
 
 NeatB V. Hart 
 
 ... 91 
 
 e4 
 
 Eeg. W.Barrow 
 
 ... 218 
 
 Eeg. 
 
 Beg. V. Bowers 
 
 ... 60 
 
 Eeg. 
 
 Beg. V. Brackenridge 
 
 ... 149 
 
 Eeg. 
 
 Eeg. 17. Brown „. 
 
 ... 226 
 
 Eeg. 
 
 Beg. V. Bucknell ... 
 
 ... 27 
 
 Eeg. 
 
 Eeg. V. Bnnkall 
 
 ... 27 
 
 Eeg. 
 
 Eeg. V. Burrell 
 
 ... 222 
 
 Eeg. 
 
 Eeg. V. Bullock 
 
 ... 121 
 
 Beg. 
 
 Beg. V. Can well 
 
 ... 205 
 
 Beg. 
 
 Beg. V. Carpenter ... 
 
 ... 61 
 
 Eeg. 
 
 Beg. V. OollinB 
 
 ... 26 
 
 Eeg. 
 
 Eeg. V. Orabb 
 
 ... 76 
 
 Eeg. 
 
 Eeg. V. Craoknell ... 
 
 ... 51 
 
 Eeg. 
 
 Eeg. t;. Deering 
 
 ... 59 
 
 Beg. 
 
 Eeg. V. Dowey 
 
 ... 76 
 
 Eeg. 
 
 Eeg. V. Edgell 
 
 ... 101 
 
 Eeg. 
 
 Eeg. V. Elrington ... 
 
 ... 217 
 
 Beg. 
 
 Beg. V. Falkingham... 
 
 ... 207 
 
 Eeg. 
 
 Beg. V. Firth 
 
 ... 25 
 
 Eeg. 
 
 Eeg. V. Fisher 
 
 ... 107 
 
 Eeg. 
 
 Eeg. V. Fitch 
 
 ... 155 
 
 Eeg. 
 
 Beg. V. Fletcher 
 
 ... 23 
 
 Eeg. 
 
 Eeg. ». Fletcher 
 
 ... 218 
 
 Eeg. 
 
 Beg. V. French 
 
 ... 155 
 
 Eeg. 
 
 Eeg. V. Fretwell 
 
 ... 204 
 
 Bel. 
 
 Eeg. V. Gardner 
 
 ... 26 
 
 Eeg. 
 
 Eeg. V. Garrett 
 
 ... 27 
 
 Beg. 
 
 Eeg. V. Giles 
 
 ... 75 
 
 Beg. 
 
 Eeg. V. Glover 
 
 ... 62 
 
 Eeg. 
 
 Beg. V. Glyde 
 
 ... 26 
 
 Beg. 
 
 Eeg. V. Gray 
 
 ... 107 
 
 Beg. 
 
 Eeg. V. Gregory 
 
 ... 2 
 
 Eeg. 
 
 Eeg. V. Guthrie 
 
 ... 220 
 
 Eeg. 
 
 Eeg. V. Hapgood 
 
 ... 219 
 
 Beg. 
 
 Eeg. V. Haasell 
 
 ... 27 
 
 Eeg. 
 
 Beg. V. Haywood ... 
 
 ... 28 
 
 Eeg. 
 
 Eeg. V. Hlbbert 
 
 ... 222 
 
 Eeg. 
 
 ;. V. Hillman 
 . V. Hoare 
 . V. Howley 
 . V. Isaacs 
 . V. Jackson 
 . V. Jarrald 
 . V. Jennison 
 . V. Johnson 
 . V. .Johnson 
 . V. Jones... 
 . V. Joyce... 
 ; V. Keena 
 . V. Kerrigan 
 . V. Langmead 
 ; V. Lee ... 
 . V. Lee ... 
 . V. Low ... 
 . V. Lowrie 
 . V. Lumley 
 . V. M'Athey 
 . V. McGrath 
 . V, Marsden 
 . V. Marshall 
 . V. Martin 
 '. V, Martin 
 . V. May ... 
 . V. Meakin 
 . V. Mockford 
 . V. Morris 
 . V. Mutters 
 . Peak ... 
 . V. Pressy 
 . V. Eeardon 
 . V. Bedford 
 . V. Binaldi 
 . V. Eitson 
 . V. Bobertson 
 . V. Bobinson 
 :. V. Eobinson 
 . V. Eogers 
 
 page 
 .. 226 
 ,. 27 
 .. 155 
 ,. 225 
 .. 27 
 ,. 65 
 . 75 
 ,. 53 
 ,. 220 
 ,. 224 
 .. 165 
 . 63 
 ,. 77 
 ,. 26 
 . 75 
 ,. 77 
 . 59 
 . 40 
 . 222 
 . 80 
 . 25 
 . 213 
 . 60 
 . 76 
 . 195 
 . 226 
 . 76 
 . 26 
 . 217 
 . 26 
 . 38 
 . 219 
 . 80 
 . 61 
 . 152 
 . 163 
 . 50 
 , 181 
 , 216 
 . 92 
 
Table of Cases. 
 
 Heg. ». 
 Eeg. V. 
 Eeg. V. 
 Beg. V. 
 Eeg. V. 
 Beg. ». 
 Reg. V. 
 Eeg. ». 
 Beg. ». 
 Beg. V. 
 Eeg. !». 
 Eeg. V. 
 4 
 
 
 page 
 
 Eyland 
 
 220 
 
 Saunders 
 
 212 
 
 SMoHe 
 
 25 
 
 Smith 
 
 ... 155 
 
 Smith 
 
 207 
 
 Stainer 
 
 62 
 
 Stimpson 
 
 38 
 
 Suter... 
 
 76 
 
 Thomas 
 
 410 
 
 Thompson 
 
 56 
 
 Thompson 
 
 75 
 
 Tretwell 
 
 225 
 
 Eeg. ». 
 Beg. V. 
 Eeg. V, 
 Beg. V. 
 Beg. V. 
 Eeg. V. 
 Beg, V. 
 Eeg. V. 
 Eeg. V. 
 Eeg. ». 
 Taylor 
 
 Tuberfield 
 
 Turner 
 
 Tyrie... 
 
 Walker 
 
 Walton 
 
 Ward 
 
 Weeks 
 
 Weeks 
 
 Williams 
 
 Wyatt 
 
 V. Newman 
 
 page 
 
 212 
 
 61 
 
 61 
 
 217 
 
 50 
 
 50 
 
 27 
 
 186 
 
 125 
 
 219 
 
 37 
 
SOME SUGGESTIONS 
 
 TO 
 
 JUDGES AND MAGISTEATES 
 
 FOB BETTER DEFIHING THB 
 
 PEINCIPLE8 OF PUNISHMENT. 
 
 BY EDWARD W. COX, S.L., 
 Recorder of Portsmouth. 
 
 In a speeoli addressed to the House of Lords, on Friday, 
 April 1, 1870, Lord Penzance tlius commented upon 
 tlie inequality of the punishments awarded by different 
 Courts : 
 
 No doubt there is often an impression among the public that 
 sentences are in some cases far too heavy, and in others far too 
 light ; but they are often imperfectly informed, for the newspaper 
 reports, although extremely able and faithful, are mere skeletons 
 of the evidence, and readers of the public prints may very 
 well come to the conclusion that there has been undue severity, 
 whereas if they heard the whole of the evidence they would 
 be perfectly satisfied. Still, no doubt, there is some amouut 
 of dissatis'faction with sentences, and particularly with their 
 inequality. That will always be the case so long aa Judges have 
 an almost unlimited discretion, and I would not desire to limit 
 it, for it is obvious there may be circumstances of aggravation or 
 extenuation which may call for a light or heavy sentence. In 
 every criminal case, however, two things have to be considered — 
 first, the heinousness or enormity of the crime, itself, and, 
 secondly, the particular circumstances under which the prisoner 
 has committed it. Now, the first, one wxjuld think, should be 
 determined by the law. Take the case of forgery, burglary, or 
 
ii Principles of Punishment. 
 
 rape. One would hold forgery to be the worst crime that could 
 be committed in a highly civilised and commercial community ; 
 another would hold that burglary was a much greater crime; 
 and a third might hold that rape was the worst offence of 
 all. Now, if you were to assemble fifteen men, and take their 
 opinions on these separate classes of crime, you would not find 
 them agree ; yet this is the question which the fifteen Judges 
 have to determine. In passing every sentence, a Judge has 
 to settle what is the enormity of burglary, forgery, and rape 
 before he investigates how the standard of punishment should 
 be exceeded or diminished in that particular case. If a Judge 
 regards forgery as a crime of the deepest dye, he will invariably 
 visit it with a very heavy sentence ; but a Judge on the neigh- 
 bouring circuit may see in it only a form of robbery or cheating, 
 and every case of the kind will be leniently dealt with. This 
 inequality of sentences is due to the absence of any standard ; 
 for if there were a standard laid down, still leaving the Judges 
 the utmost liberty of increasing or diminishing it, it would be 
 felt that in nine cases out of ten the Judges would not disturb it, . 
 for the circumstances of cases really differ very little. I venture 
 to say that such a standard would be gladly adopted by the 
 Judges in the large majority of cases, and. we should thus obtain 
 something like uniformity of sentences, whereas, under the 
 presenii system, we may be said to secni-e want of uniformity, 
 every Judge being left to form his own opinion on the heinous- 
 ness of the crime. When I first had the honour of a seat on the 
 common law bench I was struck with the desirability of such a 
 standard, which might be obtained either by Act of Parliament, 
 by an Order in Council, or even by agreement among the Judges 
 themselves. There would be no reason why it should not be 
 altered from time to time, as the prevalence of a particular 
 crime or other circumstances might render advisable. 
 
 Tlie Lord OhanceUoi' (Hatherley) added : 
 My noble and learned friend referred, and there I am more 
 disposed to concur with him, to the different temperament of 
 those who are called upon to pronounce sentence on criminals. 
 There are seventeen Judges, the chairmen of quarter sessions, 
 recorders, and others. It would be preposterous, however, to 
 award a strict sentence in every case without the least regard to 
 
Principles of Punishment. iii 
 
 the particular oiroumatanoes, and if this tribunal is to revise 
 sentences, of how many persons is it to consist, and how are yoU' 
 to secure unanimity ? How are you to gauge the feelings . 
 of those who are called upon to act? The legal portion of 
 the tribunal might possibly lean in one direction and the 
 lay element in another, and it would be difficult to secure a 
 unanimous opinion. 
 
 The complaint is not new, although it has not before 
 been brought so prominently and eloquently to the 
 notice of the public. The fact is familiar to all lawyers 
 who practise in the Criminal Courts and is the frequent 
 subject of comment in legal publications. There is a 
 marked difference in the sentences at the Assizes and 
 Quarter Sessions. If two courts, separated but by a 
 wall, are trying prisoners at the same time, the sen- 
 tences for offences identical in character will frequently 
 differ widely in degree, and it is found to depend upon 
 the accident of a prisoner being tried upon one side or 
 upon the other side of that wall whether he shall be sent 
 to penal servitude or imprisoned for six months. At the 
 instance of the writer, some years ago. Lord Brougham 
 procured a return to be made of the sentences at a 
 certain number of Quarter Sessions and Assizes ; and it 
 appeared that, although the lesser crimes were tried at 
 the former and the greater crimes at the latter, the 
 average number of years of penal servitude and of 
 months of imprisonment inflicted by the former con- 
 siderably exceeded those inflicted by the latter. Some 
 judges hold severity, others leniency, to be the best 
 policy. Accordingly, a crime which one punishes with 
 six months, another will punish with one month, of 
 •imprisonment. From this it is manifest that nothing 
 in the nature of rule governs or even assists the judg- 
 ment in the determination of punishments. They are, 
 62 
 
iv Principles of Punishment. 
 
 in faruth, influenced by more or less of caprice, and 
 the Judge would often be perplexed to state specifically 
 the reasons that determine the sentence he pronounces. 
 
 It is evident from this that they to whom is com- 
 mitted the duty of awarding the punishment of con- 
 victed criminals have no recognised or definite principles 
 to govern or even to guide their judgment. Is it possible 
 to construct such rules ; for, if practicable, they would be 
 most desirable. That a state of anarchy should exist in 
 a matter of so much importance has been for long a 
 subject of regret with those who both observe and 
 think ; and now that public attention has been directed 
 to the question in the Legislature, it has become more 
 than ever necessary that some endeavour should be made 
 to remove, if it be possible, or at least to diminish, this 
 acknowledged defect in the administration of justice. 
 
 But is it practicable to frame anything in the nature 
 of principles for the guidance of the judgment in the 
 meting out of punishments ? I have put the question to 
 many Judges who have had more experience than myself, 
 and I have found their opinions to differ widely. Some 
 declare the framing of rules to be difficult and the adop- 
 tion of them impossible ; others pronounce positively 
 against the practicability of either making or acting 
 upon rules ; a few have expressed belief that rules 
 might be found, or at least some guiding principles 
 discovered. But aU are of one mind in admitting that 
 such a work would be of the utmost value, if only it 
 coul'd be executed with even partial success. It is in 
 the hope that the design may not be altogether impos- 
 sible and that a first step towards establishing something • 
 like principles of punishment might be found practi- 
 cable on trial that I venture to attempt the subject. 
 
Principles of Punishment. v 
 
 I crave indulgence in the performance of the task 
 because of its novelty. I am not ignorant that Bentham 
 has already treated the subject with exhaustive elabora- 
 tion. But the point of view from which I propose to 
 examine it differs from his. Bentham's treatise is legisla- 
 tive and not administrative. He discourses of what the 
 law ought to be, and not of the manner in which the 
 existing law should be put in force. His great work 
 is the essay of a philosopher maturing a scheme in his 
 own brain for a world of his own imagining, instead 
 of practical instruction how to apply the law as it is to 
 men as they are. That portion of the large question of 
 crime and punishment to which these remarks are 
 directed has been as yet wholly unattempted. 
 
 I must, however, desire it to be clearly understood 
 that I pretend to nothing more than suggestion. I 
 purpose only an endeavour to propose certaiu principles, 
 or, to speak more correctly, certain considerations, that 
 may assist the judgment in approximating to a just 
 determination in the award of pimishment to criminals. 
 It would be impossible to frame definitions embracing 
 all the infinite variety of circumstances that should be 
 taken into consideration by the Judge, the combina- 
 tions of which, varying in every case, must needs, more 
 or less, modify his decision. 
 
 The following suggestions, then, must be taken as 
 professing to be nothing more than hints for the 
 guidance of the judgment in determining the measure 
 of punishment according to the nature of the offence to 
 which it is to be applied. More than this would be" 
 impossible at present, if indeed it wUl ever be prac- 
 ticable. An attempt was made by " The Habitual 
 Criminals Act," as originally introduced to Parliament 
 
vi Principles of Punishment. 
 
 and sanctioned by the House of Lords, to limit by law 
 the discretion of Judges in the matter of punishment. 
 It provided that t^o former convictions should in all 
 cases entail a sentence of penal servitude for seven 
 years. Judges, it was contended by its authors, are 
 governed too much by their own feelings, or by fear 
 of unpopularity, and they are more lenient than they 
 should be — or would be, if their judgments were directed 
 by consideration for the suppression of crime rather 
 than by compassion for the suffering of the individual 
 criminal. It would be a relief to them to remove this 
 discretion, and with it the responsibility it entails. 
 But, on the other hand, it was argued that, even if 
 the law were to lay down a hard and fast scale of 
 punishments, it would fail in practice, if opposed to 
 the opinions of the Judge or the prevailing sentiment 
 of the public ; for, rather than convict, with conse- 
 quences to which they are averse, juries would acquit 
 altogether, or judges would invite a conviction for some 
 lesser oSence ; and so, instead of increased stringency, 
 punishment would be practically lessened. Such has been 
 the experience of the unfortunate law that made seven 
 years of penal servitude the minimum sentence after 
 a former conviction. The consequence of this law has 
 been that, instead of a term, of penal servitude appro- 
 priate to the offence. Judges are frequently compelled 
 to pronounce an inadequate sentence of imprisonment. 
 These more rational views prevailed in the Commons, 
 and the discretion of the Judges was restored. 
 
 But that discretion should not be unlimited. It 
 should be exercised according to some rule, and with 
 some approach to similarity of action. It ought not 
 to be that, for the same offence, a sentence of penal 
 
Principles of Punishment. vii 
 
 servitude should be pronounced in one court and of 
 imprisonment for six months in another court. There 
 should be at least an approach to uniformity. This 
 can only be secured by recognising certain general 
 principles, by which the mind may be directed in the 
 formation of its judgment ; and it is in the hope to 
 effect somewhat towards the removal of the existing 
 anarchy, and to bring about more of system in the 
 apportionment of punishment, without too much fet- 
 tering the discretion of the Judge, that I have 
 endeavoured, in the following pages, to construct a 
 rude scheme of the considerations that should present 
 themselves to the Judge's mind. The subject is new, 
 and this sketch of it is merely tentative. Doubtless, 
 if it should prove useful in practice, it will admit of 
 much extension and modification, and that which 
 is now merely suggestive may hereafter shape 
 itself into definite principles, and take the form 
 of a treatise. At present, I pretend to nothing more 
 than to offer to Judges and Magistrates certain hints, 
 that may or may not assist them in the administration 
 of criminal justice. 
 
 And here, perhaps, I may be allowed to throw out 
 another suggestion, with the same object of bringing 
 about greater uniformity of punishment. It is that 
 they who administer the crimiijal law should hold 
 occasional, or, as I should prefer, periodical conferences 
 upon the subject of punishment. There is a fashion in 
 crime as in other things, and prevalent offences require 
 to be suppressed by exceptional severity. How effective 
 that is was decisively proved in the instance of the 
 crime of garotting, which has almost disappeared under 
 fear of the lash. If the Judges of the Superior Courts 
 
viii Principles of Punishment. 
 
 and the Ohairmen of Quarter Sessions were to meet 
 once a year, and review th.e question of crime and 
 punishment, and come to some general resolutions as to 
 tlie nature of the treatment of the various offences then 
 most prevalent, their combined experience could not fail 
 to bring about an approach to uniformity, and prevent 
 the scandals of which Lord Penzance, with too much 
 truth, complained. 
 
 A like conference of the Stipendiary Magistrates 
 would be no less advantageous in producing unanimity 
 of rule in the infliction of penalties in the large sum- 
 mary jurisdiction exercised by them. Their resolves 
 would doubtless regulate, to a considerable extent, the 
 decisions of the unpaid magistracy. 
 
 In treating this subject, it is necessary to keep clearly 
 before the mind what are the objects^ of punishment. 
 These are — 
 
 First. To deter the criminal from again offending. 
 
 Secondly. By the example of his suffering to deter 
 others from offending in the like manner. 
 
 The law has wisely given to the Judges by whom it 
 is administered a very wide discretion as to the precise 
 degree of punishment in the particular case which, in 
 their judgment, will best accomplish this double object. 
 Although assigning a certain kind of penalty to each 
 kind of offence, the Judge is empowered to vary almost 
 indefinitely the degree of that penalty. Prescribing in 
 all cases a maximum of punishment, in a few cases only 
 is a minimum prescribed ; and there is now an admirable 
 provision in the Criminal Law Consolidation Acts 
 (24 & 25 Vict. c. 96, s. 117), which empowers the 
 Judge, in indictable misdemeanors, in Heu of punish- 
 ment, to fine the offender, and require him to enter into 
 
Princtples of Funishment. ix 
 
 his own recognisances and find sureties, both or either, 
 for keeping the peace. 
 
 Perhaps the most convenient plan in treating of this 
 subject, for which I have no precedent, will be to pursue 
 the course of thought naturally followed by the mind • 
 of the Judge, when determining the amount of punish- 
 ment to be awarded after a conviction, and see what 
 considerations should weigh witb him in forming his 
 conclusion. 
 
 The first matter for deliberation, in considering the 
 measure of punishment, is the character of the crime; 
 the second, the character of the criminal. 
 
 I. THE OHAEAOTEE OF THE CRIME. 
 The character of crimes varies widely. I do not 
 here refer to the general character of the offence in the 
 scale of the Criminal Code, but to the special features 
 of the particular instance of it then under consideration ; 
 and these may be conveniently classed in a catalogue, 
 that cannot pretend to be exhaustive, but is merely a 
 rude outline to assist the inquiry and the memory. 
 
 1. Ceimes ot Wantonness. 
 
 2. Occasional Ceimes and Ceimbs peom Temptation. 
 
 3. Cbimbs involving Beeaoh op Teust. 
 i. Ceimes op Feaud. 
 
 5. Ceimes op Passion. 
 
 6. Ceimes op Violence. 
 
 7. Ceimes op Beutality and Ceueltt. 
 
 8. Peevalent Ceimes. 
 
 To each of these it will, I think, be practicable to 
 apply some general rules for guidance, to assist, but not 
 to control, the judgment. For, after everything like 
 b3 
 
X Principles of Punishment. 
 
 rule is considered, mucli will commonly remain to 
 exercise the further discretion of the Judge, growing 
 out of the special ■ circumstances of the case, which 
 cannot be anticipatSd nor provided for. 
 
 1, Oeimes op Wantonness. 
 To this category I refer all those offences that are 
 the result rather of inconsiderate folly than of positive 
 wickedness, and of which the young and thoughtless 
 are commonly the perpetrators. Damage done to per- 
 sons and property by the misuse of dangerous weapons, 
 by stone-throwing, by indulgence in what are called 
 " larks " (provided they have not in them the in- 
 gredient of " malice "), belong to this class. How 
 to deal with them satisfactorily has been always a 
 problem for Judges and Magistrates. A gaol, with its 
 formidable consequences upon the future reputation of 
 those who have been once consigned to it, is a punish- 
 ment which a reflecting man would be most reluctant 
 to inflict upon a youth just entering upon the struggle 
 of life, and to whom it is certain degradation and 
 possible ruin, especially as the offence is not one that 
 necessarily implies moral abasement. The appropriate 
 penalty for such offences, in the case of boys, is that 
 which a father would inflict — a whipping. The remem- 
 bered smart would be far more effective in reforming 
 bad habits than any amount" of imprisonment, and 
 the fear of the like suffering would more effectually 
 deter others fronj indulgence in the same follies than 
 mere confinement for a few days or weeks. If a youth 
 guilty of an offence of this nature were ordered to be 
 taken to the nearest police-station, there to receive a 
 limited number of strokes with a birch, and then sent 
 
Principles of Punishment. xi 
 
 tome smarting and crying, the effect upon himself and 
 the example to others would be infinitely more deterrent 
 than the fine or imprisonment which the existing 
 law imposes. But, until the law is amended by some 
 provision to this effect, in cases where the depravity 
 does not appear to have been great, and the offender 
 is young, the better course will be to infoi-m him 
 of his, peril, to warn him of the certain consequences 
 of repetition of his offence, and discharge him on 
 his own recognisances to come up for judgment when 
 called . upon. Should this leniency fail, as seldom it 
 has been found to do, the offender can be punished 
 with justly increased severity, and in the meanwhile the 
 consciousness that he is on his good behaviour cannot 
 but have a most wholesome effect upon his conduct. 
 
 2. Occasional Ceimeb akd Cbdies feom Temptation. 
 By these I intend that extensive class of crimes to 
 which persons are prompted by sudden impulse rather 
 than by deliberate design, being induced, for the most 
 part, by facility for procuring the object whose presence 
 prompted the desire to possess it. To this category 
 belong a considerable proportion of the petty larcenies 
 committed by persons who are not habitual criminals. 
 Usually the object is to gratify a passion for liquor ; 
 sometimes it is to satisfy the cravings of hunger ; that, 
 however, being the cause with but a small fraction of 
 the whole body of criminals. To this class belong the 
 petty plunderers, who steal articles of small value, 
 from no motive that can be traced, but doubtless 
 through some insane enjoyment in the exercise of fur- 
 tiveness, rather than from love of acquisition ; a passion 
 which is as difficult of resistance by them as is that of 
 
xii JPrinciples of Punishment. 
 
 the drunkard for the draught which as he drinks he 
 knows wUl destroy him. 
 
 When satisfied that the offence was of sudden temp- 
 tation, and not committed of malice aforethought, and 
 especially if it is a first offence, the punishment should 
 be slight and more by way of warning than of penalty. 
 But the convict should be informed that a second offence 
 will be treated much more severely. In many of these 
 cases the same course of discharge on recognizance to 
 come up for judgment when called upon might be 
 adopted with great advantage, especially where the 
 convict is young or has borne a good character 
 previously. 
 
 It is more diflScult to determine how to deal with 
 petty plunderers. If really the subjects of disease, the 
 right place for them is an asylum. But if they have 
 fallen into a confirmed habit of picking and stealing, 
 what can be done with them? They are simply 
 incorrigible rogues. The best course, alike for them- 
 selves and for the public, would be to treat them aa 
 persons incapable of self-control, and keep them under 
 restraint for a very long period of time. But public 
 opinion would not endure the infliction of seven years 
 of penal servitude for stealing a pewter pot, unless the 
 thief was known to be a professional criminal, and 
 therefore the Judge is compelled to repeat the often 
 repeated sentence of imprisonment, with absolute cer- 
 tainty that, in a month after his discharge from gaol, the 
 convict will be plundering again. It would be well 
 if, in such cases of persistent crime, the law would 
 permit a trial to be made of whipping, which, doubt- 
 less, would be more dreaded by criminals of this class 
 than mere imprisonment, that seems to have no terror 
 
Principles of Punishment. xiii 
 
 for them ; on tlie contrary, I much doubt if they do not 
 rather like the periodical change in their way of life. 
 
 3. CeIMBS INYOLVIN& Beeaoh OF Tbubt. 
 Offences committed by servants, and others in fldnciary 
 capacities, who avail themselves of the confidence they 
 have obtained to facilitate the commission of the crime, 
 involve a double wrong — adding breach of trust to 
 larceny — and punishment should be meted out accord- 
 ingly. The most frequent form of this class of offences 
 is embezzlement, and it is commonly alleged, in ex- 
 tenuation of the crime, that the temptation is great, by 
 reason of the possession of money, for which the servant 
 has some pressing need, and which he had hoped to 
 repay. As a matter of fact, in the vast majority of 
 cases, the criminal hoped that the loss would not be 
 discovered, and was not self-deceived by any distant 
 notion of recoupment. But in any case it is an 
 offence of much higher degree in criminality than 
 either of the two preceding classes; Moreover, the 
 repose of confidence in servants is so unavoidable arid 
 80 universal that it is absolutely necessary, for the sake 
 of example, to mark the distinction between this and the 
 lesser crime of simple larceny. Where a servant has been 
 concerned in a positive theft of the things committed 
 to his charge, either personally or by aiding others, the 
 offence is greater even than that of embezzlement, for 
 there is less temptation, and it implies more delibera- 
 tion and art, and should be treated accordingly. 
 
 4. Ceimes of Feaot). 
 Crimes that savour of fraud call for much greater 
 severity of punishment than either of the classes of 
 
xiv Principles of Punishment. 
 
 crime yet considered ; for this reason, that they are 
 crimes which in their nature imply deliberation 
 and the exercise of a certain amount of skill, and 
 therefore preclude the mitigatory elements of sudden 
 temptation or ignorance. There is another, and still 
 more potent, reason for treating them with severity. 
 Such treatment is the most likely to operate with 
 peculiar force in these eases, inasmuch as they are 
 crimes of calculation, and the risk of the punishment 
 enters directly into the consideration of the intending 
 criminal when projecting his scheme. And if severity 
 in these cases operates powerfully to deter from the 
 crime, it is still more efficient by way of example. In 
 these days of extended education, crimes of fraud are 
 substituted more and more for crimes of violence. 
 Education does not diminish the amount of crime to 
 any marked extent, it operates mainly to change the 
 direction of crime. The man who desires to procure self- 
 indulgences without working for them — which is the 
 short but truthful definition of a thief — if educated, pre- 
 fers the surer as well as safer practice of fraud to the 
 personal danger of robbery ; and, as education extends, 
 this altered form of the crimes that may be classed under 
 the general name of theft will certaiiily prevail more 
 and more, and should be dealt with accordingly. These 
 considerations do not appear to have sufficiently pre- 
 sented themselves either to the Legislature or to the 
 Judges in the apportioning of punishment to crimes of 
 fraud. Unfortunately, the law has affixed to these 
 crimes the mitigated title of " misdemeanors," and 
 assigned to them a limit of punishment less than to 
 the offences to which it has chosen to give the name of 
 "felony;" although, in truth and fact, the crimes of 
 
Principles of Punishment. xv 
 
 fraud are the most noxious, not only as possessing 
 more of the elements that constitute, criminality, but 
 as being more offensive to the community and more 
 difficult to be guarded against by the public and by 
 individuals. In this respect the law itself requires 
 alteration, and fraud should be put into its proper place 
 in the catalogue of crime, as it prevails under the con- 
 ditions of modern society. But the Judges, in admi- 
 nistering the existing law, might do much towards 
 bringing about the required change by more severe 
 punishment in all oases wherein there appears to have 
 been a deliberate design to plunder by a fraud, in- 
 creasing it in proportion to the amount of skilful 
 planning and calculation employed. 
 
 If the frauds have been systeinatic, long continued, 
 and numerous, this also should weigh heavily in the 
 judgment ; and although the conviction be for one or 
 two fraudulent acts only, the sum of aU the wrongs 
 done or designed should be taken into account, and the 
 punishment increased in proportion to the artfulness of 
 the offender, as proved by his success and the extent to 
 which he has practised his frauds. 
 
 •4. Crimes of Passion. 
 
 In this class I place all the crimes that are the con- 
 sequence of some sudden excitement of the passions, and 
 which do not savour of malice aforethought, or were not 
 committed with deliberation. The greater portion of 
 these offences fall under the next division also — that of 
 Grimes of Violence — ^but this latter includes much that 
 would not come within the present class, and, there- 
 fore, the two are separately considered. 
 
 Manifestly these offences are wanting in that most 
 
xvi Principles of Punishment. 
 
 important ingredient in the estimate of taiminality— 
 deliberate design and calculated chances. It is like- 
 wise doubtful if punishment has much influence either 
 in reforming the criininal or in deterring others. The 
 temporary mastery of passion over reason, which ex- 
 tenuates the crime, ia itself excludes the element of 
 design, and therefore punishment should be as nearly as 
 possible preventive. But the difficulty in this case, as 
 in so many others that present themselves in considering 
 the question of crime and punishment, arises from this, 
 — that the injury done is not a measure of the moral 
 guUt. For instance, a man in a momentary fit of 
 passion strikes another with a knife that chanced to 
 be in his hand at the time of the provocation received. 
 Fortunately he outs where the wound is harmless ; 
 but, had the knife gone to the right or left it would 
 have severed an artery and caused death. The motive, 
 and therefore the moral guUt, of the assailant, would be 
 the same in either case ; but the law makes a necessary 
 distinction which those who administer it are bound to 
 observe. A very different measure of punishment is 
 meted out accordingly as the wound had been harmless 
 or destructive. But I must confess myself at a loss for 
 an intelligible principle by which the proper extent of 
 punishment should be determined in such a case. The 
 lesson to be taught is, that if a man uses a weapon for 
 an unlawful purpose, he must take the consequences 
 that may possibly result from indulgence of passion. 
 It is undoubtedly essential to the safety of society that 
 passion should not be accounted as an excuse for a great 
 injury done .to another, and that this should be publicly 
 notified by the sentence ; but it has often occurred to 
 me that after sentence there should be a classification 
 
Principles of Punishment. x*ii 
 
 of criminals ; that the carrying out of that sentence 
 should be with reference to the moral guilt of the 
 offenders ; and that crimes of passion, which do not 
 necessarily imply moral depravity, should not be treated 
 in the same manner as crimes which, in their very 
 nature, involve moral degradation. The object of 
 punishment in the one case is restraint and example ; 
 the objects in the other case are seclusion from evil 
 associations and habits, example, and reformation. 
 
 Where no serious wrong is done to the injured party 
 by a crime of passion, the fact of its having been unpre- 
 meditated may fairly be taken into consideration, and 
 the punishment modified accordingly. 
 
 5. Cbimes op Violence. 
 
 The first object of legislation is personal security, and 
 therefore severe punishment is always and everywhere 
 affixed to this class of crime. 
 
 Some of the offences that would properly belong to 
 this division, as being crimes of violence, would be trans- 
 ferred, when prompted by passion, to the class of crimes 
 last treated of, and therefore are excepted from this 
 division, which relates only to such acts as cannot plead 
 the mitigation of sudden provocation. 
 
 And in legal as in moral estimation, the crimes of this 
 class range from comparatively slight degrees of turpi- 
 tude to the greatest of all crimes — deliberate murder. 
 
 I have used the term " comparatively slight " for 
 want of a better phrase to express my meaning. But 
 no crime of violence, not having the excuse, such as it 
 is, of sudden passion, can be treated otherwise than as 
 a grievous offence. The security of person is the fore- 
 most purpose for which law exists; the security of 
 
xviii Principles of Pwmshmeni. 
 
 property is but tlie second. The employment of force 
 to obtain some object of desire, or to avenge some real 
 or supposed wrong, is an open defiance of authority 
 that calls for severe punishment, apart from the extent 
 of the injury done to the object of that violence. 
 Multiplied, it would destroy society itself. The first 
 item in the estimate of punishment in such cases is the 
 degree in which the character of the crime shakes the 
 security of the community. The second is the motive 
 with which the injury was done. This is an ingre- 
 dient in the offence to be considered quite apart from 
 the amount of injury actually done ; a slight blow in- 
 flicted with an intent to murder is more criminal than 
 a severe blow inflicted with design only to commit a 
 common assault. 
 
 The third ingredient in -the measure of punishment 
 of a crime of violence is the injury actually done. A 
 great hurt would aggravate the offence, though the 
 intent was to inflict only a small hurt, he who resorts 
 to illegal violence being rightly made responsible for 
 the consequences of his wrongful act, even although 
 those consequences were not intended. But though the 
 actual injury not having bfeen intended cannot be 
 received as an excuse, it may fairly be considered in 
 i3Qitigation of punishment. 
 
 Where a crime of violence is committed in the course 
 of committing another crime, there is a rule which the 
 , Judge may take for his guidance in determining the - 
 sentence. He should bear in mind that he is to punish 
 two offences — the original offence and the crime of 
 violence that has been superadded. The proper sentence 
 may not be in all cases the dcjubled punishment, but the 
 double wrong should be taken as the amount ex debito 
 
Principles of Punishment. xix 
 
 justiticB, from wHoli deduction may be made according 
 to tlie special circumstances that modify guilt. 
 
 If the act of violence was premeditated, or instigated 
 by pre-existing motive of vengeance, jealousy, hatred, or 
 other malignity, it should be punished with a severity 
 proportioned as far as possible to the nature and extent 
 of the evil passion that prompted it, and especially in 
 reference to the time during which the design appears 
 to have been cherished. The moral turpitude of crime 
 increases immensely with the period during which it has 
 been hatching in the mind of the criminal, because his 
 opportunities for self-control and repentance have been 
 greater, and the punishment sltould mark this dis- 
 tinction to himself as to others. 
 
 Crimes of violence committed against the law itself, 
 in the persons of those by whom it is administered, 
 demand exemplary punishment, because they endanger 
 the safety of the entire community. The particular 
 wrong is to the individual injured, but the greater 
 wrong is to the whole public ; and although but one 
 policeman's head has been broken, the security of all 
 men's heads has been shaken by that act. Hence it is 
 that assaults upon constables in the execution of their 
 duty are rightly held, in all civilised lands, to be 
 offences of very grave njiagnitude, calling for condign 
 punishment, in order to deter, by example, those who 
 might be inclined to offend in the like manner, and 
 thus to throw around the officers of justice the utmost 
 protection possible in the courageous performance of 
 their diflScult and dangerous duties. Punishment in 
 such cases is to be measured, first, by the injury done 
 to the individual; to which should be invariably super- 
 added, second, the further punishment due for the 
 
XX Principles of Punishment. 
 
 injury done to the public by the attempt to deter its 
 oflScers from protecting it; and third, for the defiance 
 shown to the law. If these ingredients in the crime 
 were taken- properly iato account, brutal assaults upon 
 policemen would be more severely dealt with by Judges 
 and Magistrates than is their practice now, and the 
 result would certainly be seen in a marked diminu- 
 tion of this increasing crime.. Perhaps it would be a 
 just and wholesome rule in all such oases to double the 
 punishment that would have been inflicted for a similar 
 unprovoked assault upon a private person. If the violence 
 is further complicated with a rescue, or attempted 
 rescue, of a prisoner from actual custody, the crime is 
 yet more aggravated, and demands the punishment of a 
 triple wrong — viz., first, the injury to the man ; second, 
 the injury to the public through its protectors ; third, 
 the defiance of the law by the rescue of its prisoner. 
 
 Crimes of violence committed from mere laivlessness, 
 such as those by which " the roughs,'' as they are 
 termed, with growing audacity have made many parts 
 of the metropolis and of our great towns unsafe for the 
 well-dressed and well-behaved, surely require to be 
 visited with more severity of punishment than they 
 have yet received. From no crime would offenders 
 be more readily deterred by example — ^none is so easily 
 encouraged by impunity. In crimes for gain, the criminal 
 stakes the chances of success against the chances of 
 failure and punishment ; but ia crimes of mere lawless- 
 ness there is no hope of profit to be staked against the 
 diance of pain ; and even the brutal natures who indulge 
 in this offence are conscious that they may pay too 
 dearly for their amusement. 
 
 The considerations that should regulate the judgment 
 
Principles of Punishment. xxi 
 
 in ttis class of crimes, wliere tlie violence was in pur- 
 suance of another crime, are : 
 
 First. The nature of the crime in pursuit of which the 
 violence was committed. 
 
 Second. The motive with which the violence was done. 
 
 Third. The extent and nature of the injury done to 
 the person subjected to that violence. 
 
 The other crimes of violence, in which the violence 
 was the primary object of the criminal, are sufficiently 
 stated above and need not recapitulation. 
 
 7. Oeimes op Oeuelty and Beutalitt. 
 
 I place these in a separate class from crimes of 
 violence, because, although they involve violence, they 
 have a further ingredient of criminality that demands 
 additional punishment. The essence of these offences 
 is the intention to inflict pain, too commonly from a 
 horrible pleasure taken in the infliction, but sometimes 
 from mere brutal thoughtlessness and disregard for the 
 feelings of others. 
 
 For this class of offences the obviously appro- 
 priate punishment would be the infliction of bodily 
 pain upon the criminal, as nearly resembling the nature 
 of the pain inflicted by him upon his victim as circum- 
 stances reasonably permit. But to this conception of 
 punishment our law has not yet advanced and Judges 
 can deal with crimes of cruelty only as the present 
 imperfect law directs. As cruelty is not punishable 
 with flogging, and brutality is not permitted to be 
 treated as brutes can only be governed, by fear of 
 pain, the sentence in such cases should at least indi- 
 cate by its severity the public abhorrence of the crime. 
 Never should it be condoned by a pecuniary penalt}', 
 
xxii Principles of Punishment. 
 
 which is appropriate only to offences that savour more 
 of the nature of civil wrongs than of crimes ; but to 
 the punishment tl^at would be awarded to the act 
 of violence, a very considerable measure should be 
 added for the inhumanity of the motives that 
 prompted it. 
 
 8. Pbevalent Ceimes. 
 There is a fashion in crime as in other things. 
 Judges and Magistrates are continually reminded, by 
 the calendars at the Assizes and Quarter Sessions, that 
 not only are certain offences preferred by the criminal 
 class at certain seasons of the year, but that there is 
 among that class a strong tendency to imitation, inso- 
 much that any crime greatly talked about, or made 
 prominent in the newspapers, forthwith becomes the 
 fashion among the criminal class. The rationale of this 
 was weU illustrated to me some years ago at Exeter. 
 The crime of arson had prevailed to an alarming extent 
 in Devonshire, without any assignable motive of dis- 
 content or vengeance. I was curious to learn the cause 
 of this, and when defending some of the criminals, all 
 of whom were fai-m servants and the majority of them 
 young girls and boys, I requested them to teU me 
 frankly what induced them to the act. Similar answers 
 were given by aU. " I heard talk of the fires about, and 
 then I wanted to try and see if I could'nt make one too, 
 and it come into my mind tiU I couldn't help doing it." 
 This was a real monomania in a non-criminal class ; 
 but it reveals the process by which fashion in crimes 
 is created. The attention of the criminal is strongly 
 directed to certain crimes by frequent mention of them 
 in the newspapers ; the thought of them occupies and 
 
Principles of Punishmenl. xxiii 
 
 haunts the whole mind, until at length there is an 
 irrepressible impulse to act out the thought. Many are 
 made criminals by reading about crimes in publications 
 like the Police Gazette and other periodicals that supply 
 what is truthfully called " Thieves' Literature ; " and 
 hence it is that the calendars usually show a marked 
 fashion, for the time being, in favour of some particular 
 crime or crimes. 
 
 The prevalence of certain crimes is, therefore, an, 
 important ingredient in the measure of punishment, and 
 entitled to quite as much consideration as the other 
 ingredients named above. Experience proves that such 
 fashions in crime are speedily and effectually controlled 
 by visiting them with special punishment. Being the con- 
 sequence of example, they are influenced by example ; and, 
 therefore, exceptional severity, declared by the Judges to 
 be designed because of the prevalence of the crime in 
 question, wiU be found rarely to fail in suppressing it, 
 or at least in restoring it to its normal quantity. 
 
 So much for the treatment of crimes. I now come to 
 the considerations in relation to the circumstances that 
 affect the ceiminal, which should more or less sway the 
 judgment in determining the measure of punishment. 
 
 n. THE OHAEAOTEE OF THE CEIMINAL. 
 For this purpose of punishment. Criminals may be 
 divided into three great classes : — 
 
 1. The Oooasional Ceminal. 
 
 2. The Habitual Obiminal. 
 
 3. The ' Peopebsional Ceiminal. 
 
 Each of these classes requires different treatment. 
 It win be observed that I have distinguished the 
 
xxiv Principles of Punishment. 
 
 " Habitual " from the " Professional " criminal, although 
 no such distinction is recognised by the law, all offenders 
 belonging to these two classes being by the statute 
 placed in one category under the title of " Habitual 
 Criminals," and, as such, subjected to the same treat- 
 ment. 
 
 Having a decided opinion — the result both of expe- 
 rience and reflection — that there is a definite distinction 
 between these two classes of criminals, requiring a 
 difference in the award of punishment, which the Judge 
 may properly exercise if he should approve the views 
 here set forth, I venture to suggest the distinction that 
 has so strongly presented itself to my own mind. 
 
 The test of being an Habitual Criminal, as recognised 
 by the statute, is that he ha;S been previously convicted ; 
 and if a criminal has been so convicted, he is there- 
 upon deemed to be an Habitual Criminal and treated 
 accordingly. 
 
 I dispute both of these presumptions. With all 
 respect for the authorities, I submit that previous con- 
 viction is neither sufficient, nor even presumptive, proof 
 that the convict is an Habitual Criminal within the 
 intention of the law ; that a former conviction is not a 
 sufficient test of " Habitual " crime, and that the punish- 
 ment which was intended to apply to those who make a 
 business of crime is, by this rude classification, practically 
 extended to many for whom it was not designed and to 
 whose cases it is in fact inappropriate. 
 
 Having cast about for a fit name by which to desig- 
 nate the class to whom " The Habitual Criminals Act " 
 was intended to apply, I can find nothing better than 
 the term " Professional Criminal," which carries to 
 all minds the precise conception it is 'intended to 
 
Principles of Punishment. xxv 
 
 convey. The professional criminal is one who makes 
 crime Ms calling ; who is educated for it and lives by 
 it, precisely as the doctor or the lawyer lives by his 
 calling. He and his pursuits are as commonly known 
 to the police as those of any apothecary with a blue 
 light over the door. He lives in recognised and well- 
 defined thieves' quarters, precisely as do the French in 
 the neighbourhood of Leicester-square or the Solicitors 
 in Bedford-row. The entire body of the professional 
 criminals could be caught and imprisoned in one morn- 
 ing. A class so definite and so readily identified might 
 well be made the subject of distinct legislation, and 
 it is greatly to be regretted that they should have 
 been in any manner confused with another class with 
 which they have but little in common. 
 
 Professional criminals are concentrated in the metro- 
 polis and a few of the largest cities and towns. The 
 rest of the country knows little of them, save when 
 they make occasional predatory raids into the provinces 
 for business, pleasure, or health, or for all of these 
 together. But in the towns, outside the quarters of the 
 professional criminals, and everywhere in the country, 
 are a considerable number of criminals who, although 
 they may have been previously convicted of petty thefts 
 once, tvrice, or even many times, are nevertheless not 
 professional thieves — that is to say, they do not make 
 plunder their business, but habitually earn a livelihood 
 by work, and are only weak to resist temptation, 
 especially when prompted by a desire for drink or 
 other self-indulgence. To treat such offenders as we 
 would, or should, treat professional criminals is an 
 abuse of words, an ignoring of facts, and, were Judges 
 to sanction it, would certainly prove a great in- 
 
xxvi Principles of Punishment. 
 
 justice and bring tlie criminal law into not undeserved 
 disrepute. 
 
 For these reasons I trust to have satisfied the reader, 
 that, for the purpose of punishment, it has been rightly 
 recommended to him to recognise three classes of 
 criminals, instead of two, as proposed by the existing 
 
 law. 
 
 1. The Oooabional Oeiminai. 
 
 By this term— not a very satisfactory one, I must 
 own, but adopted for lack of a better — I refer to a class 
 which embraces aU those offenders who appear to be 
 such from sudden impulse or great temptation of need 
 or of opportunity ; who are not criminals by calling, and 
 whose crimes do not exhibit great moral depravity, 
 or any of those features of aggravation which have 
 been considered in the foregoing review of the various 
 characters of crimes. 
 
 I cannot too earnestly urge leniency in the treatment 
 of offenders of this class. A first offence should always 
 be looked upon with pity, as possibly a lapse from 
 virtue, the result more of weakness than of wicked- 
 ness. As in such a case repentance and reformation 
 are always possible, punishment should be rather by 
 way of warning than of penalty. Opportunity should 
 be given to the criminal to redeem his lost reputationj 
 but with emphatic warning that mercy wiU not prevail 
 a second time, and that if he sins again in like manner 
 his pimishment will be doubly severe. In many of such 
 cases the Judge might beneficially adopt the course of 
 simply putting the convict under recognisances to come 
 up for judgment when called upon, notifying to him that, 
 if he continues in good behaviour, he will hear nothing 
 more of the matter ; but that, if he again offends against 
 
Principles of Punishment. xxvii 
 
 tlie criminal law in any manner, lie will be brought up 
 for judgment and punished with the greater severity for 
 the offence of which he has been now convicted. The 
 obvious advantage of this course is, that it operates 
 more powerfully than even police supervision to keep 
 the convict in good behaviour. The leniency thus 
 shown to him rarely fails to have some influence in 
 restraining him from relapse into crime. Even if it do 
 not induce reform, the knowledge that if he offends in 
 anything he will be punished on a conviction already 
 secured, with none of the chances of escape that attend 
 a new prosecution, will certainly operate as the most 
 powerful check upon him when tempted again to err. 
 
 2. The Habitual Oeiminal. 
 This class of criminals, defining it as above, is by far 
 the most perplexing for those who administer criminal 
 justice. The hard and fast line proposed as a test by 
 "The Habitual Criminals Act," as sent from the House 
 of Lords, namely, two previous convictions, which were 
 to be followed rigidly in aU cases with seven years of 
 penal servitude, would have wrought such an intolerable 
 wrong that juries would have refused to convict and 
 Judges would have taxed their ingenuity to find holes 
 for escape from a law so indiscriminate in its opera- 
 tion. Judges aiid Justices are continually perplexed 
 how to deal with the petty plunderer, who is not a 
 thief by profession, who works, perhaps, at an honest 
 employment, who would not commit a great crime, but 
 who appears to be unable to resist the temptation of 
 appropriating things of small value that he chances to 
 find unprotected. Penal Servitude for seven years is a 
 punishment so manifestly disproportioned to the nature 
 c2 
 
xxviii Principles of Punishment, 
 
 of the crime and the character of the criminal, that it 
 would shock the' public sense of justice and bring 
 odium upon the law itself. Yet have short imprison- 
 ments been tried upon him in vain. It is certain that, 
 as soon as he is released, after a confinement of two or 
 three months, the old habit will be resumed. The 
 real remedy for such an offender, who cannot exercise 
 sufficient self-control to keep his hands from picking and 
 stealing, would be to place him under restraint for a 
 long term, and compel him to work ; treating him, after 
 a limited probation, not as a convict, but as a labourer 
 for the public, under the control of the servants of the 
 public. But until a more rational system of punishment 
 is provided by the Legislature, Judges and Magistrates 
 can only administer the law as it is ; and the best 
 chance of cure at present provided is an imprisonment 
 long enough to loosen, if not to sever, evil associations, 
 to disturb old, and to implant new, habits. Penal 
 servitude, as contemplated by the original bill, would 
 probably be a better punishment in many of such cases 
 than mere imprisonment ; but the nature and uses of 
 such a treatment of habitual offenders are not sufficiently 
 understood by the public to prevent the shout of 
 indignation that would be raised if a criminal were 
 sentenced to seven years of penal servitude (that being 
 the least term which the statute permits to be awarded 
 in case of a former conviction) for some petty theft, even 
 although the prisoner had been twice, thrice, or more 
 often still, previously convicted of similar petty thefts 
 and suffered many short terms of imprisonment, but is 
 not a professional criminal. 
 
Principles of Punishment. xxix 
 
 3. The PEorEssiONAL Obiminal. 
 
 There ouglit to be very little difficulty in dealing 
 witli this class of criminals. Educated to crime, living 
 by crime, they commit crime systematically, deliberately, 
 with malice aforethought, calculating oarefuUy the pro- 
 portion which the chance of profit bears to the risk of 
 detection, capture, trial, conviction, and punishment — 
 all of which are taken into the aocoimt. A Professional 
 Criminal is never, or very rarely, reformed. In his mind 
 crime is no sin. No seK-reproach follows him; no 
 conscience pricks him. It is his business. He fights 
 with justice and its officers as his natural enemies, 
 whom to defy, to evade, to defeat, is a boast and not 
 a shame. He weighs the value of his prize against the 
 risk of penal servitude, and if he is caught calls it his 
 ill-luck and hopes for better luck next time. He calcu- 
 lates on spending a certain proportion of his life in a 
 gaol, and adapts himself to that condition, making his 
 prison residences as comfortable as he can by good 
 behaviour while there, and compensating for his forced 
 temporary abstinence by revelling in every sensual 
 pleasure when he is again at large. Eeformation with 
 such a man is hopeless. Punishment, at least, such 
 as it is now, does not deter him, because it is his 
 business to hazard it — precisely as the soldier does 
 not shrink from the service, although he knows that 
 he must face the chance of wounds and death. It is 
 his profession to risk his Kfe, and he does it. It is 
 the profession of the thief to risk his liberty and 
 he does it. 
 
 When, therefore, the Judge is satisfied that the 
 prisoner is a professional criminal the course is plain. 
 
XXX Principles of Punishment. 
 
 Mercy is wasted on sucli a man ; leniency is of no 
 advantage to the convict and it is an injustice to the 
 community. The effect of a short imprisonment is 
 merely to send back the plunderer to prey upon society 
 for a time, to be again returned to the dock after he 
 has run up a new score of offences and probably 
 educated a new race of thieves to assist and to succeed 
 him in his business. Penal servitude should be in- 
 flexibly awarded to a convict of this class, the object of 
 that punishment being to restrain him for the longest 
 possible period from the exercise of his nefarious calling, 
 and to make it more difficult for him to follow it after his 
 release ; for we may be assured that, come when it will, 
 his profession of preying upon the public will be resumed 
 with doubled zest after a long abstinence. 
 
 The only care required in these oases is that the 
 Judge should be assured by due inquiry that the 
 prisoner is really a "professional" criminal. This 
 may be ascertained in two ways ; first, by the character 
 of the offence itself ; secondly, by inquiry from the 
 police. 
 
 1. By the nature of the offence. Certain crimes 
 require an education for their successful accomplishment 
 and therefore the presumption is that the practitioner 
 of them is a professional criminal. Such are, burglary 
 effected with burglarious instruments, or in any manner 
 showing the exercise of a considerable degree of skill ; 
 pocket picking, dexterously done, with the aid of 
 accomplices, or where the coat worn has false pockets, 
 or upon the prisoner being found the scissors com- 
 monly used in the commission of that crime ; or his 
 hands showing by their softness .that they have not been , 
 employed in manual labour ; or, the place where done. 
 
Principles of Punishment, xxxi 
 
 as at a railway station, a theatre, a race, a fair, or 
 otter locality wliere professional pickpockets usually 
 ply their trade ; tlie possession of skeleton keys, 
 picklocks, and instruments used for housebreaking. 
 Indeed, wheresoever there is a conspiracy of two or 
 more for the purpose of committing the offence, the 
 reasonable presumption is that the convict is a profes- 
 ' sional criminal, at least sufSoiently to call upon him to 
 show, by some satisfactory evidence, that he has been in 
 honest work ; that he is not, as he appears to be, living 
 by crime, but is only an occasional criminal. Eeceivers 
 of stolen goods especially belong to this class ; they are 
 not merely criminal themselves, but they tempt others 
 into crime. If, upon inquiry, the Judge is satisfied that 
 the convict is an habitual receiver of stolen goods, penal 
 servitude should be inflexibly awarded. 
 
 2. If none of these indicia appear, the police of the 
 district where the prisoner dwells, or which he frequents, 
 should be asked as to their knowledge of him. Does he 
 associate with thieves ? Has he any honest calling ? 
 Who was his employer, if any? Such questions will 
 probably elicit sufficient of his past history to enable the 
 Judge to form a safe judgment whether the convict is a 
 professional criminal. But where such an inquiry is 
 made, justice to the prisoner requires that he should be 
 permitted, and indeed invited, to answer the facts stated 
 against him by any explanation he can offer, personally 
 or by witnesses, and if he refers to known persons 
 in refutation of the charge of being a professional 
 criminal, further inquiry should be made by the police 
 before his sentence is determined — and judgment should 
 be deferred for that purpose. 
 
 In reference to this class of criminals, I ventured to 
 
sxxii Principles of Punishment. 
 
 recommend tliat the indictment should charge the 
 prisoner with being a professional criminal, precisely as 
 it now charges a former conviction ; that, after con- 
 viction for the particular offence, the jury should try 
 the charge of his being a professional criminal, precisely 
 as it now tries the question of a' former conviction ; that 
 the jury should hear the proof of this charge by the 
 prosecution, and also the prisoner's answer to it, and find 
 a verdict thereupon, and that the punishment affixed to 
 the crime of which he has been convicted should then be 
 increased accordingly, from a penalty, designed mainly 
 to operate as a warning, to one that is designed to 
 operate by way of long restraint. 
 
 The reasons I have ventured here to urge for the 
 treatment of professional criminals with exceptional 
 severity, even on a first conviction, with the avowed 
 object of excluding them for a long term of penal servi- 
 tude from the community which they both plunder 
 and corrupt, have received a remarkable confirmation 
 in the very instructive report of Colonel Henderson on 
 "Metropolitan Crime," issued since the above remarks 
 were written. I find the substance of that report so 
 well condensed in an article in the Quarterly Review, 
 that I extract the passages relating to the subject of 
 professional criminals : 
 
 That orimlnals pursue their trade as a regular oalliug is clear 
 from the number of reoommittals every year. The thief who 
 has been once in gaol is almost certain to reappear there. He is 
 not deterred by the so-called " punishment " of the model prison, 
 in which he enjoys food, warmth, and clothing, provided for him 
 at the public expense. So he is no sooner set free than he at 
 once recommences the practice of his vocation. The police had 
 captured him before and handed him over to justice ; but after a 
 short term of absence justice restores him to society again. 
 
Frindples of Punishment. xxxiii 
 
 Another round of thefts or borglarles follows ; the police catch 
 him again ; and again he is handed over to justice, to travel in 
 the same circle of imprisonment, restoration to society, and 
 renewal of burglary and crime 
 
 These receivers of stolen goods are among the greatest eu- 
 couragers of crime. They are not only as bad as the thief, but 
 worse. They educate, cherish, and maintain the criminal. The 
 young thief begins by stealing small things from stalls, from 
 shops, from warehouses; or he first picks pockets in a small 
 way, proceeding from handkerchiefs to watches and purses; 
 always finding a ready customer for his articles in the receiver 
 of stolen goods. And when a skilled thief gets out of gaol, 
 without means, the receiver will readily advance him 50Z. at a 
 time, until he sees his way to an extensive shoplifting, from 
 which he not only gets his advance returned, but a great deal 
 more in the value of the stolen goods. The number of detected 
 receivers of stolen goods committed for trial in the metropolitan 
 district for the five years ending December, 1868, was 642; 
 being an increase of 38 on the preceding period 
 
 The police acknowledge, for it cannot be denied, that there is 
 a large class of known thieves abroad — men skilled in burglary, 
 who pursue it as a regular calling. But are the police responsible 
 for these men being at liberty to pursue their nefarious industry ? 
 " Why don't the police catch the burglars ? " ask the public. The 
 police reply that they have caught these habitual criminals again 
 and again, and handed them over to " justice ; " but that justice 
 has again and again let them loose to rob and plunder as before. 
 " Why do not the police catch the portico thieves ?" The reason 
 is that these portico thieves, as well as the skilled burglars, are 
 all old, trained, and repeatedly caught and convicted criminals, 
 who, after each successive capture by the pohce, came out of 
 gaol with an increased degree of cunning and circumspection, 
 rendering them not only more dangerous as thieves but more 
 artful in evading detection and apprehension. The question 
 which should be asked is, not " Why do not the police catch 
 the burglars?" but "Why is it that confirmed and habitual 
 criminals already repeatedly caught and convicted are let loose 
 upon society to pursue their known profession of plunder ? " 
 
 The total number of criminals committed to prison through- 
 out England and Wales, in 1868, was 158,480. Of these, 21,189 
 c3 
 
xxxiv Principles of Punishment. 
 
 had been in gaol oiioe before; 9263 twice; 5213 three times; 
 3557 four times ; 24:38 five times ; 2933 seven times and above 
 five ; 2427 ten times and above seven ; while 4488 had been in 
 prison more than ten times ! The worst thieves and burglars 
 were those who had been in gaol the oftenest. Not fewer than 
 1343 were re-oommitted in 1868, who, on previous convictions, 
 had been sentenced to transportation or penal servitude because 
 of burglary, in some cases accompanied by violence; and yet 
 they were again found at large, committing the same crimes, 
 and were again apprehended by the police, and again handed 
 over to justice as before. 
 
 It is the same as regards the worst criminal class of the 
 metropolis. Of the 21,498 criminals convicted in metropolitan 
 Courts during the seven years ending 1868, 2628 were recog- 
 nised* as having been twice before in custody for felony ; 391 
 had been three times ; 70 had been four times ; and 16 had been 
 five times and upwards. Yet the number recognised probably 
 forms but a small proportion of those who have undergone pre- 
 vious imprisonments. Many old and habitual criminals are not 
 recognised at all, because their previous convictions occurred in 
 other police districts, from which they removed because already 
 too well known there ; and even in the case of such as have 
 before undergone sentences in metropolitan prisons, identifica- 
 tion is not always easy. 
 
 The old and hardened criminals, with whose faces the police 
 have come to be so familiar, are, without exception, the worst 
 and most dangerous class of the community. They pursue 
 crime as a vocation, and train up young thieves to follow in 
 their footsteps. Hating work, but loving debauchery, their 
 whole time is spent in contriving how to live upon the labour of 
 others. They think of nothing but picking pockets, robbing 
 warehouses, and breaking into dwellings. These are the people 
 who keep society in constant alarm, and nervous women and 
 children in a state of nightly terror. These accomplished 
 scoundrels, who have taken every degree in thieving, and 
 
 * " To meet the risk of being recoguised and its consequences " (says-the 
 Ordinary of Newgate, in his recent letter to Lord Kimberley) " old offenders 
 change their names, age, trade, religion, condition, and the particulars of 
 their education,— in fact, every oiroumstanoe ; and many eld offenders, 
 notwithstanding the great aptitude of Sessions otaoers for their duties by 
 these tricks escape perhaps not recognition, but legal idaUiJkation." ' 
 
Principles of Punishment. xxxv 
 
 advanced from area-sneaking to shoplifting, until they have 
 graduated as first-class oraokamen, and are at perpetual war 
 with the honest part of society. They have been repeatedly 
 apprehended by the police, and as repeatedly set at liberty; 
 and when another robbery occurs, because the police do not 
 immediately succeed in apprehending them — skilled as they 
 have become in the art of evading detection — loud outcries 
 are raised of " Where are the police ? " 
 
 It is not the police who are really in fault, so much as that 
 tenderness for scoundrelism of all kinds that has become one of 
 the pervading follies of our time. Modern philanthropy has so 
 busied itself in ameliorating the condition of criminals that the 
 condition of the thief has come to be almost more tolerable 
 than that of the honest working man. We have abolished the 
 severer punishments, done away with transportation, and pro- 
 vided comfortable houses of detention, where convicted criminals 
 are better housed, clothed, and fed than the average of city 
 mechanics. We do not, as we once did, send our convicts to 
 forced labour on unoccupied land in the colonies, but we get 
 rid of our skilled workmen instead, sending them off in ship- 
 loads abroad, and keeping our thieves and criminals at home. 
 Indeed, it is scarcely to be wondered at if the honest poor man, 
 struggling to keep out of the devil's ranks, and taxed all the 
 while to maintain the scoundrel class, should begin to think, 
 with Dean Swift, that honesty must, after all, be derived from 
 the Greek word onos, signifying an ass. 
 
 The convicted criminals have now had every consideration 
 shown them ; but the question arises whether some consideration 
 is not also due to those who are robbed, as well as to those who 
 rob — to the wives, daughters, and children of the rate-paying 
 and non-burglar part of the community, who are kept in 
 constant terror by their depredations. It is notorious that the 
 worst crimes of late years have been committed by criminals out 
 of gaol " on licence," who have beien taken red-handed with 
 their tickets-of -leave upon them! Yet the men who are let 
 loose upon society with those tickets-of-leave are almost in- 
 variably the most hardened and habitual criminals. " The 
 principle," says the Ordinary of Newgate, " upon which licences 
 are regulated at present is this : he who can do most work, and 
 who conforms most entirely to the prison rules, is he who 
 
xxxvi Principles of Punishment. 
 
 receives most mitigation of sentence. And who is he? The 
 old criminal, who has served an apprenticeship to the work and 
 
 discipline of prison My own conviction is, that as a rule 
 
 (and the exceptions are very rare) mercy is never more un- 
 deservedly shown than to a prisoner who has been previously 
 convicted."* 
 
 The tenderness for crime which has grown up of late years 
 has become extraordinary. The common working man, who 
 pays his way, and struggles with diflHoulty to keep himself 
 and family out of the workhouse, excites comparatively little 
 interest. Bat, let an atrocious murder be committed, and the 
 whole country is roused to rescue the criminal from the gallows. 
 The burglar may not murder, or intend to murder ; yet he is no 
 less the sworn enemy of society. But we have ceased to hang 
 him ; we no longer flog him at the cart's tail ; we have ceased 
 to transport him ; we make him as comfortable as possible 
 in the model prison we have built for him ; and we even 
 cut short the term of his imprisonment there and let him loose 
 again upon society with his ticket-of-leave to recommence his 
 depredations 
 
 " Humanity should be exercised " (says the Ordinary of 
 Newgate) " rather for the protection of those who keep the law 
 than for those who choose to break it ; for, in nine cases out of 
 ten, it is choice, and not necessity, that leads to crime." f 
 
 As regards the repeatedly-convicted and habitual criminals, 
 we hold that something more is needed for the security of society 
 than confining them in well-warmed, well-ventilated, well-regu- 
 lated model prisons for a few years, and then setting them free 
 to pursue their vocation of crime. It used to be said by the 
 advocates of the aboUtion of capital punishment that the worst 
 use that could be made of a man was to hang him ; but surely 
 it is a still worse use to make of a man who has become a 
 hardened and habitual criminaJJ to let him loose upon society, 
 
 * Beport of tlie Rev. J, E. Lloyd Jones, Ordinary of Newgate, to the 
 Lord Mayor and Aldermen, 1868. 
 
 t Letter to Lord Kimberley. 
 
 t In a letter addressed by the Rev. Mr. Lloyd .Tones to Lord Eimberley 
 
 {11th March, 1869), the following passages are worthy of note : " The 
 
 greatest difference rests, morally and religiously, between those who are 
 not and those who are habitual criminals. To treat these latter from a 
 humanitarian point of view, securing them from the stigma of their own 
 victoia choice, is inflicting a great wrong upon society, and exposing it to 
 great danger. An habitual criminal moy reform, bu^ with the greatest 
 
Principles of Punishment. xxxvii 
 
 after numerous convictions, to resume his Tocation of plunder 
 and educate others in criminality. 
 
 Why should incorrigible thieves and irreclaimable burglars be 
 left at large? We shut up lunatics for life because they are 
 dangerous to society ; but liberate confirmed and habitual crimi- 
 nals who are infinitely more dangerous. Such men have clearly 
 forfeited all claim to personal liberty. Their repeated convic- 
 tions have proved them to be a constant source of danger to 
 society. We have ceased to banish them ; the only remedy that 
 remains is continuous incarceration, with compulsory productive 
 labour. Thus only can society be effectually protected from the 
 injuries and terrors which habitual and irreclaimable criminals 
 inflict upon it. 
 
 These facts and figures speak for themselves. I can 
 but repeat the expression of an earnest hope that they 
 will receive from the Judges by whom the criminal law 
 is administered the thoughtful attention they deserve, 
 and that the result will be a conference and an agree- 
 ment to look upon professional crime as an evil only to be 
 eradicated by treating the professional criminal as a foe 
 to the community, who cannot be reformed or reclaimed, 
 and whom therefore it is both wise and just to deprive 
 of his powers of mischief by a long term of restraint ; 
 and this, not merely for the protection of the public 
 from his depredations, but also for the purpose of 
 making his profession unprofitable and breaking up his 
 haunts, associations, and habits. 
 
 And inasmuch as, according to the common consent 
 of all who are best informed, he returns invariably from 
 the gaol to his work of plunder and training of youth 
 
 advantages, he rarely does. I could give your Lordship iustances of 
 habitual crinunals being in good situations, when their former course of 
 life is not known, who have availed themselves of the opportunity to 
 concoct plans for extensive robberies ; for which purpose they have cor- 
 rupted their fellow workmen who, till then, had been honest men 
 
 I could give your Lordship some valuable information, derived from old 
 convicts sent to prison again for fresh crimes planmd juit b^ore their 
 release, from, information they had received from fresh arrivals at the prison 
 when they had finished their sentence." 
 
xxxviii Principles of Punishment. 
 
 to crime, the "one chance more " that should be given 
 to all other criminals on a first conviction shotild be 
 refused to him, and his career of crime at once stayed 
 for a longer term than any sentence of mere imprison- 
 ment will secure. 
 
 The single requirement for the adoption of such a 
 policy by the Judge will be to take all needful precau- 
 tion, by careful inquiry, to be assured that the convict 
 is realli/ a professional criminal. If this be denied by 
 the convict, his counsel, or his friends, let sentence be 
 deferred to enable him to produce some satisfactory 
 proof that he is not what he is asserted to be, but 
 has been pursuing some honest employment. 
 
 And in passing sentence of penal servitude because 
 the convict is deemed to be a professional criminal, 
 the Judge should expressly state his reason for the 
 sentence ; so that if by any mischance there may 
 have been a mistake as to this, application may be 
 made to the Home Office for a mitigation of the 
 sentence, should the convict be enabled to show that 
 he has been wronged by the representations made of 
 his character and pursuits. 
 
 There yet remain a few other conditions affecting the 
 character of the criminal, which should be weighed in 
 the determination of his sentence. 
 
 1. Abe. — ^Every humane Judge or Magistrate must 
 feel extreme reluctance to send a young boy or girl 
 to a prison. The alternative of the reformatory or 
 industrial school presents itself, but these are not 
 adapted for all cases. Young persons thoughtlessly 
 commit occasional acts of crime without being necessarily 
 so morally degraded as to require the discipline of five 
 yeaxs to implant or restore the moral sense. It would 
 
Fnnciples of Punishment. xsxix 
 
 be unjust to tte ratepayers to relieve some parents from 
 the duty of supporting and teaching their children, for 
 whom, therefore, five years in a reformatory, at the 
 public cost, is not the right treatment. A prison, if 
 not in itself a contamination, is a stigma that attaches 
 to a boy for life. How, then, to deal with him ? If 
 his offence is a felony, let bi-m be whipped and dis- 
 charged. But if it be a misdemeanor, or if he is just 
 beyond the age to which whipping is so unwisely 
 restricted, what then shall be done with him ? This is 
 a problem perplexing to Judges and Magistrates, which 
 the Legislature should solve by extending the offences 
 for which, and the age at which, boys might be whipped. 
 As for girls, it is difficult to say how they can be 
 treated. A gaol is ruin ; whipping is impossible ; 
 reformatories are few. Here, as commonly in the case 
 of young persons who do not appear to be hopelessly 
 depraved, discharge on recognisances to appear for 
 judgment when called upon is often the most efficient 
 course, for it holds over them a long and powerful 
 security for good conduct, likely to be far more 
 efficacious in restraint than would have been an 
 imprisonment endured and ended, the shame of it 
 gone, the stain of it remaining — a Cain's mark for life. 
 
 2. Sex. — Although the crime may be the same, it 
 is found in practice to be impossible to adjudge the 
 same degree of punishment to women as to men. 
 This difficulty, continually confronting every Judge 
 and Magistrate, is doubtless rather sentimental than 
 rational. No reason can be advanced for a distinction, 
 which nevertheless is made in practice, and neglect 
 to observe which would be severely blamed by the 
 public. Hence it is that, while a third or a fourth 
 
xl Principles of Punishment. 
 
 conviction properly consigns a male thief to penal servi- 
 tude, many more convictions wUl not always suffice to 
 bring down the like sentence upon a woman. This is 
 probably due to the terms " hard labour " or " penal 
 servitude," in which the sentence is conveyed; and 
 although no compunction is felt by any — Judge, 
 spectator, or newspaper — ^at the infliction of labour 
 however hard, or servitude however penal, on an in- 
 corrigible rascal who lives by plunder, all are averse 
 to condemn a female reprobate to punishments so 
 described. Sometimes it is argued that the same sen- 
 tence in terms would be a different punishment in fact, 
 as applied to a man or to a woman. But this is an 
 error, arising from ignorance of the manner in which 
 convict prisons are conducted. " Hard labour " applied 
 to women is such labour only as is adapted to her sex ; 
 and whUe men are set to toilsome tasks, women are 
 employed only in washing, sewing, cooking, and such 
 employments as are suited to them and which honest 
 and industrious women pursue as their ordinary daily 
 duties at home ; so that, in fact, the real punishment of 
 female convicts is not the hardness of the labour but 
 the restraint and discipline to which they are subjected. 
 In aU populous places, and in the metropolis especially, 
 there are many women who spend more of their lives in 
 a gaol than out of it. Surely mercy so called is not 
 mercy in such cases. A short imprisonment is absurd. 
 As soon as the convict is free again she resumes her old 
 habits. For such women the truest mercy is to lock 
 them up, keep them employed, and make the repetition 
 of crime impossible by depriving them of opportunity 
 and temptation. After a fair trial given to short sen- 
 tences of imprisonment, if these fail to secure honesty. 
 
Principles of Punishment. xli 
 
 the rightful sentence will be to remove them from the 
 community on which they systematically prey for so 
 long a time as to afford some chance of breaking, by 
 that disciplined life which penal servitude only can 
 secure, the chain of evil habits and associations by 
 which they are bound to a life of crime. Where it 
 appears that the female convict is an accidental and 
 not an habitual offender, especially if she be young, it 
 is politic as well as merciful to save her from the ruin 
 too often consequent on the moral degradation of a 
 gaol ; and if the employer can be persuaded to taie her 
 again into his service, or if any friend or relative wUl 
 undertake to keep watch upon her, it will be by far the 
 better course to put her upon recognisances to appear 
 for judgment when called upon, with a warning, as 
 before suggested, that if she offends again she will be 
 doubly punished for what she has now done. 
 
 3. The Temptation. — Criminality is really measured, 
 in some degree, by the amount of temptation to which 
 the criminal was exposed. It is impossible to lay down 
 any rules by which the various shades of temptation can 
 be defined. It will be enough to remind the Judge that 
 it is an element in the estimate of guilt, to be taken 
 into account in apportioning punishment. 
 
 4. If A FiEST, OB EEPEATED, Offenoe. — This, though 
 the last, is perhaps the most important, matter for con- 
 sideration in relation to the criminal ; for he who has 
 had so emphatic a warning as a trial, a conviction, and 
 punishment, can plead none of the excuses which may 
 be properly urged in behalf of first offenders. His crimi- 
 nality is, indeed, very largely increased by the fact that 
 he is an old offender, even although the particular 
 crime with which he is now charged may be in itself 
 
xlii Principles of Punishment. 
 
 a lesser crime in degree tlian that of which, he was 
 formerly convicted. Hence it is that the law properly 
 makes the fact of the committing of a crime after a 
 previous conviction an offence in itself, apart from 
 the particular character of the new offence, and visits 
 it with a severe punishment, in addition to the punish- 
 ment that would have been awarded to the crime of 
 which the offender is now convicted. To so great an 
 extent is this principle recognised by the law that, on a 
 second conviction, the court has no option, if it sen- 
 tences to penal servitude, but to inflict it for seven 
 years. Certainly there never was a law that more 
 entirely defeated its own object. It was designed to 
 increase the severity of punishment for old offenders. 
 By compelling a sentence of not less than seven years 
 of penal servitude, it has forced upon Judges, conscious 
 of the excessive severity of such a sentence in many 
 cases, the alternative of inflicting an inadequate penalty 
 of imprisonment, where the proper sentence would have 
 been three or four years of penal servitude. Thus it 
 has come to pass that, by aiming at excessive severity, 
 the law has practically driven reluctant Judges to 
 excessive leniency. 
 
 The rules, as nearly as they can be defined, for deal- 
 ing with old offenders may be thus stated : 
 
 Careful inquiry should be made into the nature of 
 the former charge, the length of time that has since 
 elapsed, what the prisoner has been doing during the 
 interval, — ^if he has been pursuing an honest calling, or 
 otherwise-^in short, if this second offence, as well as 
 the first, wears the complexion rather of accidental or 
 occasional, than of professional or habitual crime. If 
 so it should prove, then one more chance should be 
 
Principles of Punishment. xliii 
 
 given to tlie convict, but of course with a more 
 lengthened sentence of imprisonment and accompanied 
 with emphatic warning that it is the last escape he 
 will have from penal servitude. If, on the other 
 hand, the history of the criminal, before and since 
 the former conviction, or the nature of that or the 
 present crime, indicates that he is a professional 
 criminal, mercy in such case is wasted upon him 
 and is injustice to the community. The truest mercy 
 to both is to remove him for a long period from his old 
 habits, haunts, and associates, and to relieve society from 
 the presence of one who would certainly continue to 
 prey upon it while he is at large, because crime is his 
 profession, because he knows no other calling, and because 
 he prefers it, with all its hazards, to honest industry. 
 
 Othee Offences. 
 
 A few other offences, not properly falling within 
 either of the former categories of crime, may be briefly 
 referred to here. They wUl be found, for the most part, 
 to partake of the character of vices, and only to become 
 crimes under certain circumstances. 
 
 The distinction between crimes and vices is not at 
 all times sufficiently remembered, possibly not always 
 clearly understood, either by the makers or the 
 administrators of the criminal law. Yet it is a most 
 important distinction, for the province of jurisprudence 
 embraces the one and excludes the other. The object 
 of the criminal law is the protection against invasion 
 by others of the personal liberty and property of the 
 subject; — the liberty to live, to think, to act, to 
 employ the faculties of mind and body, and to use 
 our property in any manner we please, provided we 
 
sliv Principles of Punishment. 
 
 do not thereby invade the equal liberty of others to 
 the like free enjoyment of their persons and property. 
 These are the objects of all criminal law and, if it tres- 
 passes beyond these objects, it becomes itself an offender 
 against that liberty of the individual for the protection 
 of which society exists and laws are made. The 
 barbarous distinction between felony and misdemeanor, 
 founded on an extinct condition of things, ought to be 
 abolished in form as it is in fact ; for it only serves to 
 make the law complex and to create confusion in the 
 public mind. Oeimes are such acts as invade the 
 right of free enjoyment of person and property, com- 
 mitted with a guilty mind and by design, and not 
 under a bond fide claim of right, or accidentally. The 
 public avenges these wrongs because the safety of 
 all would be imperilled if any one member of it could 
 be invaded with impunity. In this lies the distinction 
 between crimes and vices, the latter being sins which a 
 man commits, not against his fellow-man, but against 
 himseK, and for which he is responsible only to his God. 
 An illustration of this distinction, as it is observed in 
 our law, is the case of a man who eats and drinks to 
 excess, or games for his own indulgence. So long as his 
 vice injures only himself, the law will not control him ; 
 but if, as a consequence of it, he neglects to maintain his 
 family, and throws them as a burden upon the public, 
 he commits a crime against the public, for which the law 
 will punish him. Incontinence is a vice in those who 
 indulge in it ; but the law does not punish it as a crime 
 vmless it is so openly done as to be an annoyance to others. 
 So it is with many other immoralities. It is true that our 
 law, in some instances, trespasses beyond its proper pro- 
 vince in this respect ; but the statutes that have so done. 
 
Principles of Punishment. xlv 
 
 like sumptuary and other laws that attempt interference 
 with the right of the individual to do what he pleases, 
 provided he does not thereby invade the equal liberty 
 or property of others, are, for the most part, either 
 obsolete or rarely sought to be enforced. There is, 
 however, a class of laws, verging closely upon them, that 
 make vice penal, not because it is vice, but because it 
 becomes a crime under certain circumstances ; and Judges, 
 Magistrates, and Juries, in dealing with those composite 
 offences, should carefully separate the criminal element 
 from the m.erely vicious one, not merely for the purpose 
 of conviction, but for the award of punishment. It is 
 especially in this class of cases that the danger arises of 
 an unconscious substitution of the impulse of emotion for 
 the calm voice of reason ; and Juries are apt wrongly to 
 convict and Judges to punish, not for the crime against 
 the public, with which alone it is their province to deal, 
 but for the vice in the individual, with which they have 
 generally no concern. The only way to avoid this not 
 infrequent error is sedulously to keep in view the dis- 
 tinction between vice and crime, and first to see that 
 the criminal portion of the offence is proved, and then 
 to award the penalty in strict accordance with the crime, 
 without permitting hatred for the vice and aversion to 
 the vicious to sway the judgment in estimating the 
 punishment. 
 
 Foremost in this class of composite offences are those 
 more properly to be described as immoralities. The law 
 usually professes to take no notice of these unless they 
 are so practised as to offend public order and decency. 
 Thus, a prostitute is not punishable for taking men to 
 her own lodgings ; but a person who keeps a house for 
 , the purpose of indiscriminate prostitution is subject to 
 
xlvi Principles of Punishment. 
 
 penalties. It is an offence to have connection witli a 
 woman in a public ttorouglifare, but not if it be done 
 in a private place. Indecent exposure in a public place, 
 where it may be seen by two or more persons, is an 
 indictable offence ; but it is not so to expose to one 
 person in a private place. Many similar instances 
 might be adduced, but these will suffice to show what it 
 is that converts vice into crime, what is necessary to be 
 proved for a conviction, and how the punishment should 
 be measured. 
 
 Indictments for keeping a house of ill-fame have for 
 their object prevention rather than punishment ; and 
 therefore, if the house has been well conducted, the usual 
 and proper course is discharge on recognisances to appear 
 for judgment when called upon, a pledge being taken 
 for the giving up of the premises within a fixed time, 
 and that the defendant wiU not so offend again. But if 
 it has been a public nuisance by the habitual miscon- 
 duct of its inmates, or visitors, or by the negligence of 
 the manager, it becomes on that account a proper 
 subject for punishment. 
 
 The sale of indecent books, photographs, and prints 
 calls, not merely for suppression, but for punishment of 
 some severity. It is, in fact, the distribution of a moral 
 poison. It has been said that, inasmuch as they only 
 purchase who are abeady corrupted, no harm is done to 
 the community ; but when once the evU thing has passed 
 to a purchaser, the vendor cannot know into what in- 
 nocent hands it may come and what mischief it may do. 
 If the transaction were limited to the parties who deal 
 in them, the argument would hold good ; but as that can- 
 not be secured, the seller is guilty of a great crime against 
 the community and should be punished accordingly. 
 
Principles of Punishment. ^ > xlvii 
 
 Sexual injuries to cidldren, if jneasured by their 
 consequences to the victim, require exemplary punish- 
 ment ; and it is a crime peculiarly to be held in check 
 by fear of the consequences of detection. 
 
 This subject admits of considerable extension ; but 
 I hope enough has been said to direct the attention of 
 Judges and Magistrates to the importance and the prac- 
 ticability of approaching somewhat nearer than hitherto 
 they have done to uniformity in the measure of punish- 
 ment. I will now conclude with a brief recapitulation 
 of the course of the argument that has been here 
 pursued, which may be useful if any reader should 
 desire to recall the suggestions put forth more at length 
 in the foregoing pages. 
 
 The considerations in determining the measure of 
 punishment are : — 
 
 I. The Chaeactee op the Oeime. 
 II. The Chaeactee op the Oeiminal. 
 
 I. The Character of the Grime. 
 Tor this purpose crimes may be classed thus : 
 
 1. Crimes of Wantonness. 
 
 2. Crimes from Temptation. 
 
 3. Crimes involving Breach of Trust. 
 
 4. Crimes of Fraud. 
 
 5. Crimes of Passion. 
 
 6. Crimes of Violence. 
 
 7. Crimes of Brutality and Cruelty. 
 
 8. Prevalent Crimes. 
 
xlviii Principles of Funishment. 
 
 II. The Character of the Criminal. 
 
 For tMs purpose criminals may be divided into three 
 
 classes — 
 
 1. The Occasional Criminal. 
 
 2. The Habitual Criminal. 
 
 3. The Professional Criminal. 
 
 Other circumstances to be taken into account in 
 measuring punishment are : — 
 
 1. Age. 
 
 2. Sex. 
 
 3. Temptation. 
 
 4. If a first, or repeated, offence. 
 
 There are other offences, more in the nature of vices 
 than crimes, or in which vice becomes crime. 
 
 Immoralities that become crimes in certain circum- 
 stances. 
 
 FOEFEITUEE FOE FELONY, AND AWAED OF 
 COSTS, EXPENSES, AND COMPENSATION. 
 
 The new act abolishing forfeiture for felony makes 
 provisions in respect of the property of felons which 
 may be properly considered here, inasmuch as it em- 
 powers the Court before which the criminal is convicted 
 to deal with such property as a part of the judgment. 
 
 The act will be found in full in another part of the 
 volume. 
 
 The provisions to which I would invite attention in 
 this place, are those only that relate to the powers to 
 be exercised by the Judge at the time of the trial. 
 
Forfeiture for Felony. xlix 
 
 It sliould be premised that sect. 9 of 30 & 31 Vict, 
 c. 35, enacted that where a prisoner is convicted, 
 summarily or otherwise, of larceny, or other offence 
 which includes the stealing of any property, and it 
 appears that the prisoner had sold the property to some 
 other person who had no knowledge that it had been 
 stolen, the Court may, on the restitution of the stolen 
 property to the prosecutor, order any moneys taken 
 from the prisoner on his apprehension, not exceeding 
 the amount of the proceeds of the sale, to be delivered 
 to the purchaser. 
 
 The new statute makes the following further provisions 
 as to the application of moneys taken from the prisoner. 
 
 These are contained in sections 3 and 4, which sub- 
 stantially empower the Court to order payment of the 
 costs and expenses of the prosecution, and of compensa- 
 tion for any-loss of property not exceeding lOOZ., suffered 
 through, or by means of, the felony. 
 
 The sections are in terms as follows : 
 
 Sect. 3. It shall be lawfal for any Court by whioH jadgmebt 
 shall be pronounced or recorded, upon the conviction of any 
 person for treason or felony, in addition to such sentence as may 
 otherwise by law be passed, to condemn such person to the pay- 
 ment of the whole or any part of the costs or expenses incurred 
 in and about the prosecution and conviction for the offence 
 of which he shall be convicted, if to such Court it shall seem fit 
 so to do ; and the payment of such costs and expenses, or any 
 part thereof, may be ordered by the Court to be made out of any 
 moneys taken from such person on his apprehension, or may be 
 enforced at the instance of any person liable to pay, or who may 
 have paid the same, in such and the same manner (subject to 
 the provisions of this act) as the payment of any costs ordered to 
 be paid by the judgment or order of any Court of competent 
 jurisdiction in any civil action or proceeding may for the time 
 being be enforced : Provided, that in the meantime and until 
 the recovery of such costs and expenses from the person so 
 d 
 
1 Foi'feiture for Felony. 
 
 convicted as aforesaid, or from his estate, the same shall be 
 paid and provided for in the same manner as if this act had not 
 passed; and any money which may be recovered in respect 
 thereof from the person so convicted, or from his estate, shall be 
 applicable to the reimbursement of any person or fund by whom 
 or out of which such costs and expenses may have been paid or 
 defrayed. 
 
 Sect. 4. It shall be lawful for any such Court as aforesaid, if 
 it shall think fit, upon the application of any person aggrieved, 
 and immediately after the conviction of any person for felony, to 
 award any sum of money, not exceeding one hundred pounds, by 
 way of satisfaction or compensation for any loss of property 
 suffered by the applicant through or by means of the said felony, 
 and the amount awarded for such satisfaction or compensation 
 shall be deemed a judgment debt due to the person entitled to 
 receive the same from the person so convicted, and the order for 
 payment of such amount may be enforced in such and the same 
 manner as in the case of any costs ordered by the Court to be 
 paid under the last preceding section of this act. 
 
 It will be observed that the powers here given are 
 vested in any Court by which judgment may be pro- 
 nounced or recorded, upon the conviction of any person 
 for felony, and that therefore they extend to Magis- 
 trates' Courts in the exercise of their summary jurisdic- 
 tion in larceny. 
 
 The condemnation to costs or expenses must be in 
 addition to the sentence, and therefore must be pro- 
 nounced at the same time or during the session of the 
 Court. 
 
 The Court may exercise a discretion as to the 
 amoimt, and it may award either costs or expenses 
 incurred in the prosecution and conviction for the 
 offence of which the prisoner is convicted, and either 
 all or any part of them. The term " expenses " being 
 used as well as costs indicates that some other than 
 the legal costs may be thus ordered to be paid. 
 
Forfeiture for Felony. li 
 
 " Expenses " is a word of large significance, and might 
 fairly be held to include all outlay legitimately incurred 
 in tte detection of tlie crime and the capture of the 
 criminal, even although they are not such " prosecution 
 costs " as the law recognises. This power may be 
 often exercised with great benefit, especially in Magis- 
 trates' Courts, where no costs are allowed for any outlay 
 or labour preliminary to the actual appearance of the 
 prisoner in the Court. 
 
 The 4th section empowers the Court, on the appli- 
 cation of any person aggrieved, and immediately after 
 the conviction of any person for felony, to award any 
 sum of money not exceeding lOOZ. by way of satisfac- 
 tion or compensation for any loss of property suffered 
 by the applicant through or by means of the felony — 
 payment to be enforced m the same manner as in the 
 last section is stated. 
 
 It will be observed that this wholesome power is 
 limited to a conviction for felony. It cannot be 
 exercised in cases of misdemeanor, as in obtaining by 
 false pretences, for instance ; and it is limited to com- 
 pensation for loss of property, and does not extend to 
 compensation for personal injuries. 
 
 Certainly it is greatly to be regretted that the 
 opportunity was not taken to give the like power of 
 compensation and payment of expenses in cases of fraud, 
 assault, and, in fact, in all offences attended with injury 
 to the person or property of another, without reference 
 to the ideal distinction between felony and misde- 
 meanor. How absurd is it that compensation and 
 costs may be awarded against the stealer of a penny 
 loaf, but not against the ingenious rogue who has 
 obtained 50Z. by a false pretence. 
 d2 
 
Hi Forfeiture for Felony. 
 
 But how is the order to be enforced ? 
 
 First. The Court may order pajrment to be made 
 " out of the moneys taken from such person on his 
 apprehension." Observe, that such pajrment must be 
 out of moneys only ; an order cannot be made for the 
 appropriation to this purpose of other property found 
 upon the prisoner. A question here arises, what are 
 " moneys" ? Doubtless the term includes bank notes 
 that are legal tender. But does it extend to country 
 and foreign bank notes, which are only promises to pay 
 money ; or to promissory notes, cheques, and warrants, 
 or orders for the payment of money ? It is difficult to 
 suppose that the legislature did not intend to confiscate 
 all representatives of money equally with money itself ; 
 but not having done so in terms, it would be unsafe for 
 the Judge to depart from the literal language of the 
 statute. 
 
 Questions are sure to arise upon the meaning of the 
 phrase "taken from such person on his apprehension." 
 Is this an equivalent expression to "found upon " him ? 
 Must the moneys be in the bodily possession of the 
 prisoner, or will it suffice that they shall be in his 
 constructive possession ? For instance, B. and his wife 
 are together when B. is apprehended. Seeing the 
 constable coming, he passes his money to his wife, and, 
 taken from her, will that be held to be "taken from 
 him?" Or in the like case of a servant, will the rule 
 prevail for this purpose that the possession of the 
 wife is that of the husband, of the servant is that of 
 the master? Again, two or three persons have been 
 engaged together in the commission of a joint larceny ; 
 one of them is in possession of " moneys " passed to 
 him by the others. He is acquitted, the others are 
 
Forfeiture for Felony. liii 
 
 convicted. Can tlie Courts construe the expression 
 " moneys taken from such person " as extending to 
 moneys taken from the accomplice who held them for 
 such person at the time of his apprehension ? 
 
 These are not imaginary difficulties. They are certain 
 to present themselves frequently in these and many 
 other forms, and they must be dealt with, not only by 
 Judges of experience, but by Magistrates, whom they 
 wiU greatly perplex ; and therefore I have directed their 
 attention to them, with a respectful reconimendation 
 that, until a construction has been put by a higher 
 authority upon the imperfect language of the statute, 
 they should adhere strictly to the letter of the law, and 
 limit their orders to the application of such "moneys " 
 only as are taken from the person of the prisoner at the 
 time of his apprehension. 
 
 Secondly. Payment of costs or expenses and of satis- 
 faction or compensation for loss of property, wholly or 
 in part, may also be ordered by the Court, although 
 no moneys are taken from the prisoner, or the moneys 
 taken are insufficient for the purpose ; and such an 
 order may be enforced at the instance of the " person " 
 liable to pay such costs or expenses, or who may have 
 paid them in part (though not liable in law to do so), in 
 the same manner as the judgment or order of any Court 
 of competent jurisdiction in a civil action may be 
 enforced. 
 
 As for money ordered by way of satisfaction or 
 compensation, in addition to this last mode of re- 
 covery it is to be deemed a judgment debt due to 
 the person entitled to receive the same from the person 
 convicted. 
 
 These new statutory provisions for dealing with the 
 
liv . Forfeiture for Felony. 
 
 property of felons may be summarised thus, so far as 
 they relate to acts to be done by the Court at the time 
 of trial and conviction. It is not necessary to notice in 
 this place the other provisions of the statute, for which 
 the reader is referred to the law itself, as it will be 
 found in its proper place in a subsequent part of this 
 volume : 
 
 1. The jurisdiction is given to every Court competent 
 to pronounce or record judgment on the conviction of 
 any person for treason or felony. 
 
 Oonsequenily, the powers of the act extend to Magis- 
 trates in Special Sessions as weU as in General or 
 Quarter Sessions. 
 
 2. It must be " in addition to the sentence, and 
 immediately after conviction." 
 
 3. The Court is empowered to order — 
 
 (1.) The payment of " the whole or any part 
 of the costs or expenses incurred in and 
 about the prosecution and conviction for 
 the offence" of which the prisoner is con- 
 victed. And also 
 
 (2.) " Satisfaction or compensation for any loss of 
 property suffered by the applicant, through 
 or by means of the said felony," not exceed- 
 ing in amount lOOZ. 
 
 4. To be made out of — 
 
 (1.) Any moneys taken from such person on his 
 apprehension. 
 
 (2.) To be enforced as is " the payment of any 
 
 costs ordered to be paid by the judgment or 
 
 order of any Court of competent jurisdiction 
 
 in any civil action or proceeding." 
 
 And in case of an order for " satisfaction or compen- 
 
The Habitual Criminals Act. Iv 
 
 sation for any loss of property suffered througli or by 
 means of the said felony." 
 
 (3.) The order is also to be deemed a judgment 
 
 debt due to the person entitled to receive the 
 
 same from the person so convicted. 
 
 For the appointment by justices of administrators and 
 
 curators of the property of convicted felons, and the 
 
 powers and duties of such ofBcers, the reader is referred 
 
 to the statute. 
 
 THE HABITUAL OEIMmALS ACT. 
 
 The reader's attention may be usefuUy directed to some 
 difficulties that have arisen in the construction of the 
 Habitual Criminals Act (32 & 33 Vict. c. 99). 
 
 In reading the 8th section it is to be observed that 
 the marginal note is entirely wrong. It runs thus — 
 "Person twice guilty of felony and not punished with 
 penal servitude, to be subject to the supervision of the 
 police.'' The section contains no such provision as that 
 in italics. On the contrary, it enacts that supervision 
 of the police is to be the consequence of a former con- 
 viction, in addition to any other punishment which 
 may be awarded. 
 
 I extract so much of sect. 8 as caUs for comment : 
 
 8. Where any person is convicted on indictment of any offence 
 specified in the first schedule hereto in England or Ireland, 
 and in the second schedule hereto in Scotland, and he be proved 
 to have been previously convicted of any offence specified in the 
 said schedule, either before or after the passing of this act, 
 then, in addition to any other punishment vfhioh may be 
 awarded to him, it shall be deemed to be part of the sentence 
 
Ivi The Habitual Criminals Act. 
 
 passed on him, unless otherwise declared by the court, that he is 
 to be subject to the supervision of the police aa hereinafter 
 mentioned for a period of seven years, or such less period as the 
 court shall direct, commencing from the time at which he is 
 convicted, and exclusive of the time during which he is under- 
 going his punishment. 
 
 ******* 
 When a person is convicted under this section of an offence 
 which subjects him to the supervision of the police, the record of 
 his conviction shall contain & statement to the effect that he is 
 subject to the supervision of the police in pursuance of this Act 
 for a period of seven years commencing from the date of his 
 conviction, and exclusive of the time during which he is under- 
 going his punishment, or words to the like purport, but the 
 omission of any such statement shall not exempt any person 
 from the operation of this section. 
 
 The previous conviction must be for one of the 
 following offences : 
 
 Any felony not punishable with death. 
 Uttering false or counterfeit coin. 
 Possessing counterfeit gold or silver coin. 
 Obtaining goods or money by false pretences. 
 Conspiracy to defraud. 
 
 Misdemeanor under s. 58 of 24 & 25 Vict. c. 96, 
 namely : 
 
 Whosoever shall be found by' night armed with any dangerous 
 or offensive weapon or instrument whatsoever, with intent to 
 break or enter into any dwelling-house or other building 
 whatsoever, and to commit any felony therein, or shall be found 
 by night having in his possession without lawful excuse (the 
 proof of which excuse shall lie on such person) any picklock key, 
 crow, jack, bit, or other implement of housebreaking, or shall be 
 found by night having his face blackened or otherwise disguised 
 with intent to commit any felony, or shall be found by night in 
 any dwelling-house or other building whatsoever with intent to 
 commit any felony therein, shall be guilty of a misdemeanor, 
 and being convicted thereof shall be liable, at the discretion of 
 
T^iB Habitual Criminals Act. Ivii 
 
 the court, to be kept in penal aervitude for the term of three 
 years, or to be impriaoned for any term not exceeding two years, 
 with or without hard labour. 
 
 The first question that arises on this section is 
 as to the manner in which a previous conviction is 
 to be proved so as to bring the convict within its 
 provisions. 
 
 Some Judges consider it to be necessary that the 
 previous conviction should be charged in the indictment, 
 proved, and found by the jury in precisely the same 
 manner as hitherto. Others, and among them the 
 writer of this note, are of opinion that the former con- 
 viction needs not to be so charged, but may be proved 
 by any sufficient legal evidence to the satisfaction of 
 the Judge alone. In this conviction I am confirmed 
 by the above list of offences that may be proved for 
 the purpose of placing the convict under police super- 
 vision, for some of these could not be charged in an 
 indictment for felony, and, consequently, would be in- 
 capable of proof unless proved in the manner suggested. 
 If this view be the right one, all that is required where 
 a former conviction has been discovered, although not 
 charged in the indictment, is that the Judge should 
 take special care to see that such former conviction is 
 sufficiently proved ; he should require the production of 
 the certificate and the proof of identity precisely as if it 
 had been charged in the indictment ; and an oppor- 
 tunity should be given to the prisoner to deny or dis- 
 prove it. It is to be noted that where this course is 
 taken there must be an express recorded judgment of 
 the Court that the prisoner had been formerly convicted 
 of the offence (stating it^ ; otherwise police supervision 
 would not foUow as of course. It would be the better 
 d3 
 
Iviii The Haiilual Criminals Act. 
 
 plan in suet a case for the Judge to pronounce publicly 
 the sentence of police supervision. 
 
 The section proceeds to enact that police supervision 
 " shall be deemed to b6 part of the sentence." It ia 
 not, therefore, necessary that it should be stated m 
 passing sentence ; nor, indeed, is it the general practice 
 of the judges to do so. But it is well worthy of con- 
 sideration whether, as matter of policy, the sentence of 
 police supervision should not be pronounced in open 
 court in all cases ; not merely that the convict, but that 
 his friends and companions and all the public, should 
 know that the consequences of crime are not limited to 
 the immediate punishment, but that they will be fol- 
 lowed by inconveniences and restraints, more or less dis- 
 agreeable, for many years after the punishment has been 
 endured. The writer was once asked by a convict on 
 whom he had pronounced this sentence what it meant, 
 and certainly he was unable to say ; but the very vague- 
 ness of it is calculated to make it formidable to the minds 
 of the convict class ; and as it was designed to be repres- 
 sive, surely it ought to be proclaimed as publicly as pos- 
 sible that a second conviction does entail such conse- 
 quences. It will be observed that the direction in the 
 latter part of the section is not in accordance vdth the 
 provision in the preceding part of it, which empowers the 
 Ooart to order a less term of supervision than seven 
 years ; for it proceeds to enact that the record of convic- 
 tion shall contain " a statement to the effect that he is 
 subject to the supervision of the police, in pursuance of 
 this act, for a period of seven years, commencing from 
 the date of his conviction and exclusive of the time 
 during which he is undergoing his punishment, or words 
 to the like purport ;'' omitting the words " or for such 
 
The Habitual Criminals Act. lix 
 
 lesser term as the Court shall have ordered." This is one 
 instance of the many to be found of the careless manner 
 in which the biU was drawn or amended. It is, however, 
 of little practical importance ; for the section goes on 
 to provide that " the omission of any such statement 
 shall not exempt any person from the operation of this 
 section." 
 
 Passing to sect. 11, relating to receivers of stolen 
 goods, it is enacted that — 
 
 Where any person who either before or after the passing of 
 this act has been previously convicted of any offence specified in 
 the first schedule hereto, and involving fraud or dishonesty, is 
 found in the possession of stolen goods, evidence of such previous 
 conviction shall be admissible as evidence of his knowledge that 
 such goods have been stolen ; and in any proceedings that may 
 be taken against him as receiver of stolen goods, or otherwise in 
 relation to his having been found in possession of such goods, 
 proof may be given of his previous conviction before evidence is 
 given of his having been found in possession of such stolen 
 goods ; provided that not less than seven days' notice shall be 
 given to such person that proof Is intended to be given of his 
 previous conviction, and that he will be deemed to have known 
 such goods to have been stolen until he has proved the contrary. 
 
 The words " he wiU. be deemed to have known such 
 goods to have been stolen until he has proved the 
 contrary," have been read by the majority of lawyers as 
 meaning what the words in their usual sense would 
 certainly be taken to mean, namely, that a person 
 charged with receiving stolen goods, having been pre- 
 viously convicted of the like offence, on proof of pos- 
 session of the stolen goods, vriU be " deemed to have 
 known such goods to have been stolen until he has 
 proved the contrary," and that the effect of such an 
 enactment is to throw upon the prisoner the burden of 
 proof ; that is to say that, whereas in other cases the 
 
Ix The Habitual Criminals Act. 
 
 proof of guilty knowledge was on the prosecution, 
 where the prisoner has been formerly convicted, guilty 
 knowledge is to be presumed unless he proves the 
 contrary. But the Court of Criminal Appeal has taken 
 a different view of this provision, and, rendering the 
 words in a non-natural sense, has decided in the 
 case of Reg. v. Davis (22 L. T. Eep. 763) that the 
 act has made no change in the burden of proof, 
 and that it is stUl, as it was before, for the prose- 
 cution to prove that the piisoner had guilty knowledge. 
 According to this decision, the only change made by 
 the section is that proof of a previous conviction for 
 " any offence specified in the first schedule, and in- 
 volving fraud or dishonesty, may be given in evidence 
 against him before evidence is produced of the posses- 
 sion of such stolen goods ;'' but seven days* notice is to 
 be given to the prisoner that such proof of a previous 
 conviction is intended to be produced. 
 
 Some time since I had occasion to ask the opinion 
 of my learned friend, Mr. Gebaves, Q.C, the framer 
 and draftsman of the Criminal Law Consolidation 
 Acts, and the well-known editor of " EusseU on 
 Crimes," for his views on some points of Criminal Law, 
 upon which considerable dtfiference and doubt appeared 
 to prevail. I was favoured, in Etnswer to my request, 
 with an elaborate treatise on those subjects, which was 
 of so rfluoh value that, with his permission, I gave the 
 Profession the benefit of it in the pages of the Law 
 Times. Appearing to me to be well worthy of pre- 
 
Arrest without Warrant. Ixi 
 
 eervation in a more accessible form, I have asked and 
 obtained tbe consent of the Author to its republication 
 in this volume, where it wiU, I doubt not, be an appro- 
 priate and acceptable addition to the Consolidation Acts 
 that are his handiwork, and I am sure wiU not be looked 
 upon by readers as the least valuable portion of these 
 pages. I preface it with an article, by the same hand, on 
 " The Law of Arrest without a Warrant," written in 
 answer to a paper on that subject which appeared in the 
 Times. 
 
 THE LAJP^OF ARREST WIXSOUT A, WABSA^T. 
 
 It is so very desirame that the authority to arrest without a 
 warrant in cases of indictable offerees should be clearly under- 
 stood, that I have drawn up the following paper, and I have 
 thought it incumbent on me so to do in order that my silence 
 may not be supposed to give an implied assent to everything 
 contained in a paper on the subject which appeared in the Times, 
 and was transferred into these columns, as I have been erro- 
 neously supposed by some to be the author of that paper. 
 
 I will first deal with cases of misdemeanor, and I shall use 
 that word throughout to denote an offence below treason and 
 felony, for which an indictment will lie ; and it must be borne in 
 mind that it is a general rule that " an attempt to commit a 
 misdemeanor is a misdemeanor, whether the offence is created 
 by statute, or was an offence at common law :" (Rex v. Roderick, 
 7 C. &_P. 795, Parke, B. ; Reg. v. Chapman, Den. 0. 0. 432.) 
 
 Now it is perfectly settled that no person can, without a 
 warrant, arrest another for a misdemeanor after it is altogether 
 over; in other words, the authority to arrest, if it exist, is' 
 confined to cases where " the party is caught in the fact :" 
 {Fox V. Gaunt, 3 B. & Ad. 798.) And this limitation necessarily 
 excludes all misdemeanors where the offence consists entirely in 
 the omission or neglect to do or perform some act or duty : 
 such, for instance, as the neglect to provide food for a child or 
 apprentice ; the neglect to repair a highway by a party bound to 
 
Ixii Arrest without Warrant, 
 
 repair ratione temrcB, and the like : (see MorUy v. Rogers, 
 2 E. & E. 674.) 
 
 In the paper in the Times it ia laid down that " in a case of 
 mere misdemeanor, indeed, except when a statute enacts other- 
 wise, a private individual is not justified in arresting without a 
 warrant; and even an ofSoer is not justified in so arresting, 
 unless the misdemeanor is committed in his presence." 
 
 This general proposition as to private individuals is partly 
 correct and partly erroneous. It is correct as to the cases of 
 omissions and neglects, which have already been mentioned, and 
 as to all oases where the party is not caught in the act ; but 
 it is erroneous in numerous other cases ; and the important 
 question is whether it is not erroneous in every case where 
 the party is caught in the act; and whether in every such 
 case a private person may not lawfully arrest the offender with- 
 out a warrant. 
 
 In Hollyday v. Oxenbridge (Oro. Oar. 324), to an action of 
 trespass, &o., the defendant pleaded that the plaintiff communiter 
 usus fait an ill trade called cheating at play with false dice and 
 defrauding people of their money ; that he went to a house where 
 he found the defendant and one Arnold, unespert in such play, 
 and induced them to play at dice with him for money, and the 
 plaintiff playing with them " with false dice subtilly conveyed 
 by the plaintiff (divers sums of the defendant's money faho et 
 fraudttknter depredatis) " would have sought to escape, but the 
 defendant, knowing certainly that he was deceived by the 
 cheating with false dice, moUiter manus imposuit on the plaintiff 
 to take him before a justice to be examined concerning the said 
 offence, and that the justice examined him and bound him to 
 appear at the sessions, where he was convicted of the said 
 offence. On demurrer to this plea, it was objected that " one 
 cannot, without an officer, for any cause, and that upon his 
 own suspicion only, arrest or stay any person unless in felony." 
 But all the Court (the Chief Justice being absent) held " the 
 plea to be good; for it is shown that he was a common 
 cheater, and that he cozened with false dice, and therefore 
 the defendant led him to a justice of the peace; and it 
 appears by the plea that there was good cause for staying 
 him ; for he was afterwards conTioted of that offence. And it 
 is pro bono publico to stag sueh offenders." There is a note of 
 
Arrest without Warrant. Ixiii 
 
 thia case in 2 Roll. Abr. tit. " Trespass " 0., pi. 2, p. 646, which 
 agrees with thia report. 
 
 Now, here we have the very proposition which ia asserted in 
 the paper in the Times, put forward as the only ground of 
 objection to the plea, and instantly overruled ; and the caae 
 decides that the right to arrest a person caught in the com- 
 mission of an offence is not confined to treason and felony, but 
 does at least extend to this misdemeanor. Then the decision is 
 not rested upon any ground which ia solely applicable to that 
 oEfence ; but ia reated upon the broad ground that " it is pro 
 bono publico to stay such offenders," which is equally applicable 
 to every case of misdemeanor, and is, no doubt, the ground upon 
 which the authority to arrest in treason and felony also rests. 
 
 I have stated this case thus fully, because it may well be 
 considered aa the leading case upon the subject. It has never 
 been questioned, and, on the contrary, it haa been aanotioned by 
 very great authority. In JFox v. Gaunt, the following pasaage of 
 Hawkins, in which he cites and comments on this caae, was cited 
 in the argument: " It hath been adjudged that anyone may 
 apprehend a common notorious cheats going about the country 
 with false dice, and being actually caught playing with them, in 
 order to have him before a justice of the peace j for the public 
 good requires the utmost discouragement of all such persons; 
 and the restraining of private persons from arresting them with- 
 out a warrant from a magistrate would often give an opportunity 
 of escaping. And from the reason of this case it seems to follow 
 that the arrest of any other offenders by private persons, for 
 offences in like manner scandalous and prejudicial to the public, 
 may be justified :'' (2 Hawk. P. C, c. 12, aect. 20.) And Lord 
 Tenterden, O.J., in delivering the judgment of the Court, said, 
 " The instances in Hawkins are where a party is caught in the 
 fact, and the observation there added assumes that the person 
 arrested is guilty. Here the case is only of suspicion." Little- 
 dale, Parke, and Taunton, JJ., concurred. Here, then, is a 
 distinct recognition by these four great judges of the case of 
 HoUyday v. Oxenbridge, and of the distinction between the 
 apprehension of a party caught in the act of committing a 
 misdemeanor and on a charge of having committed such an 
 offence at a previous time; and as the Court expressly held 
 that there was no distinction iij. the latter case between one kind 
 
Ixiv'. Arrest without Warrant. 
 
 of misdemeanor and another, the fair inference is, that there is 
 no distinction in the former case either — in other words, the 
 fair inference from this decision is, that where a party is caught 
 in the act of committing any misdemeanor, he may be arrested 
 by any private person. It seems clear, also, that it was tacitly 
 assumed by all in this case that there was power to apprehend a 
 party caught in the act; for if there were no such power, there 
 assuredly could be no power to arrest after the offence had been 
 completed, and the offender had gone away. 
 
 It does notappear by Oroke's report of Hollyday v. Oxenhridge 
 that any previous authorities were cited; but I have no doubt 
 that the Judges, who in those days were very familiar with the 
 Year Books and other old authorities, were aware of the 
 previous authorities, especially as they based their decision 
 upon the very ground there stated. Thus, in the Tear Book 
 (4 Hen. 7, fol. 18, pi. 12), Hussey and Fairfax held that any- 
 one could apprehend night-walkers, " for it is for the common 
 benefit " [the reference here to Pasc. 2 Hen. 7, fol. 6, should be 
 fol. 16], and in the case in the Tear Book (4 Hen. 7, fol. 1, 2, 
 pi. 2), where it was held that a watchman may arrest a night- 
 walker by a warrant in law (as Lord Ooke says, in 2 Inst. 52), 
 it was laid down by Fairfax that a court leet might lawfully 
 inquire of night-walkers, for it is for the common weal. So that 
 we see where the principle on which HoUyday v. Oxenbridge was 
 decided may have come from, clearly enough. 
 
 In Willow's case (Latch. 173), it was held that an indictment 
 which alleged that the defendant, being of ill-fame, &c., fuit 
 nocte vagans, was good, and Doderidge, J. (a great Judge), said 
 that by the common law any man can arrest a night-walker, and 
 he referred to the Tear Book (4 Hen. 7, fol. 18, pi. 12). 
 
 Lord Coke (2 Inst. 52) says : " If a man keep the company of 
 a notorious thief, whereby he is suspected, &c., it is a good cause 
 and warrant in law to arrest him." For which he cites the Year 
 Book, 26 Edw. 3, 71a [an error for 17a, pi. 8], where the case 
 was that the bailiffs of H. were about to arrest the suspected 
 person, but he fled, and they freshly pursued him to W., where 
 " a lour pursuit " the bailiffs and constable there arrested him. 
 Neither argument nor judgment is given. It is clear the bailiffs 
 of H. would be private individuals in W. 
 
 I have referred to these old authorities, and I might have 
 
Arrest without Warrant. Ixv 
 
 referred to others in oases of affrays and breaches of the peace, 
 in order to show that there has been from very early times 
 indeed a regular current of decisions and judicial opinions that 
 any private person may arrest an offender caught in the act of 
 committing a misdemeanor, and, consequently, that Mollyday v. 
 Oxenbridge was only an instance of a previously well-known 
 rule. 
 
 I will next advert to a class of cases of which there are many 
 to be found in the old books, but it will be quite sufBoient to 
 refer to the late authorities alone. 
 
 In Timothy v. Simpson (5 Tyr. R. 244), the defendant, who 
 had himself immediately before witnessed an affray, gave one of 
 affrayers in charge to a constable on the very spot where it was 
 committed, and whilst there was a reasonable apprehension of 
 its continuance, and the Court held that he was justified in so 
 doing, though the constable had seen no part of the affray. 
 And, after referring to old authorities, the Court say, in one of 
 the ablest judgments delivered by Lord Wensleydale : "It is 
 clear, therefore, that any person present may arrest the affrayer 
 at the moment of the affray, and detain him till his passion has 
 cooled and his desire to break the peace has ceased, and then 
 deliver him to a police officer ? And if that be so, what reason 
 can there be why he may not arrest an affrayer after the actual 
 violence is over, but whilst he shows a disposition to renew it by 
 persisting in remaining on the spot where he has committed it ? 
 Both cases fall within the same principle, which is, that for the 
 sake of the preservation of the peace, any individual who sees it 
 broken may restrain the liberty of him whom he sees breaking 
 it so long as his conduct shows that the public peace is likely to 
 be endangered by his acts." And the Court afterwards say: 
 "He was justified in securing any one (of the affrayers), not 
 absolutely, but only until a Magistrate could inquire into all the 
 circumstances, on oath, and bind one party to prosecute or the 
 other to keep the peace, as upon a review of all the circum- 
 stances he might think fit." 
 
 And this decision has been approved in Jngle v. Bell, 
 (1 M. & W. 516), Cohen v. HusJcisson (2 M. & W. 477), Webster 
 V. Watts (11 Q. B. 311), and other cases; so that there can be 
 no doubt that any private person may take in to custody any 
 other, who commits a breach of the peace in his presence, and 
 
Ixvi Arrest without Warrant. 
 
 take him before a magistrate, to be dealt with according to 
 law; and this rule will apply to all oases of riot, rout, un- 
 lawful assemblies, and affrays. 
 
 I now turn to another class of misdemeanors, viz., attempts to 
 commit felony. Many of these axe now made felony by statute ; 
 but at common law they were all of them only misdemeanors ; 
 and I shall here deal with them as such only. " All persons 
 whatsoever, who are present when a felony is committed, are 
 bound to apprehend the offender " (2 Hawk. P. G. c. 12, i). 1) ; 
 and "silently to observe the commission of a felony, without 
 using any endeavours to apprehend the offender, is a misprision " 
 of felony : (1 Hawk. P. 0. o. 69, s. 2.) 
 
 It would seem that these authorities alone prove that a private 
 person may apprehend anyone attempting to commit a felony- 
 The object of apprehending an offender is twofold ; first, in order 
 to prevent the commission of an offence ; and secondly, in order 
 to bring the offender to justice, and both are pro bono publico. 
 If there were no power to arrest in order to prevent a felony, 
 either unknown offenders would always escape, or the offender 
 must be permitted to complete his crime and then be arrested. 
 Now, the primary object of the law is the prevention of crime, 
 and over and over again have I heard learned Judges, especially 
 that great and good Judge, Patteson, J., severely reprimand 
 private persons for not at once arresting offenders whilst 
 attempting to committing crimes, instead of watching them till 
 they had completed their object. In order to prevent a breach of 
 the peace, an offender may be apprehended by a private person, 
 and strange indeed would it be if the same might not be done in 
 order to prevent a capital offence ; and, in considering this ques- 
 tion, it must be remembered that aU felonies were capital at 
 common law. There is, however, abundance of decisive authority 
 upon the subject. 
 
 In the Year Book, 9 Edw. 4, fol. 26, pL 36, to trespass for 
 false imprisonment, the defendant pleaded that the plaintiff was 
 lying in wait in the highway to rob the King's subjects, and one 
 Alice at Stile rode along the highway, against whom the plaintiff 
 drew his sword, and commanded her to deliver her purse to him, 
 whereon she levied hue and cry, and the defendant was riding 
 there, and heard the cry, and returned to her, and took the 
 plaintiff; and because there were no stocks in the village took 
 
Arrest without Warrant. Ixvii 
 
 him to S., and there delivered him to the constable. Oenney 
 objected to the plea, that no (priyate) person can imprison 
 another for any trespass ; but a constable can arrest him until he 
 has found surety. But for suspicion of felony anyone can arrest 
 another ; but then it is necessary that a felony has been com- 
 mitted in fact, and that he who is arrested was suspected of it, 
 but here no felony was committed. Moile : " If a man say to 
 me, ' See this man, I will certainly kill him,' &o., in this case I 
 may hold him so that he do not kill the man, and yet this 
 holding is an imprisonment, but it is for a lawful cause." 
 Genney : " In your case, if I see that a man would have killed 
 another, I may well prevent him, and so I may prevent a man 
 from doing a thing against the peace ; but yet I cannot arrest 
 him and commit him to gaol." Nedham : " You may well arrest 
 and commit Mm to gaol, if he intends to do a felonious act, as this 
 was." And all the justices held this justification good. In the 
 Yeai- Book, 13 Edw. 4, fol. 9, pi. 4, it was held that for felony a 
 man may break into a house to arrest the felon, for to arrest him 
 is for the common weal. 
 
 In Handcock v. Baker, 2 B. & P. 260, to trespass for breaking 
 and entering the plaintiff's dwelling-house, forcing him out of 
 his house along the public street and imprisoning him, the 
 defendant pleaded that the plaintiff in his dwelling-house 
 assaulted his wife, and purposed to have feloniously killed her, 
 and was on the point of doing so, whereupon the defendant, to 
 prevent the plaintiff from so killing his wife, and committing the 
 said felony, broke into the house and prevented the plaintiff from 
 killing his wife ; and for the same purpose, and also for that of 
 taking and delivering the plaiutiff to a constable, to be by him 
 taken before a justice, and dealt with according to law, kept him, 
 a reasonable time, &c., and then took him along the public 
 streets till he could find a, constable, and then delivered him to 
 the constable for the purpose aforesaid ; and this plea was held 
 good after the verdict by Lord Eldon and the Judges of the 
 Common Pleas ; and Chambre, J,, said — " There is a great 
 difference between the right of a private person in cases of 
 intended felony and of a breach of the peace. It is lawful for a 
 private person to do anything to prevent the perpetration of a felony." 
 One objection to this plea was that it did not allege that the 
 plaintiff's intention to kill continued during the whole time the 
 
Ixviii Arrest without Warrant. 
 
 defendant detained him; but the Court held that "it was 
 suiSoient to answer that after verdict it muat be presumed that 
 everything is proved which is necessary to support the verdict." 
 It should seem that a bettar answer would have been that this 
 plea justified the imprisonment on two grounds ; firstly, in order 
 to prevent the commission of the felony ; and, secondly, in order 
 that the plaintiff might be taken before a justice and " dealt 
 with according to law ;" and as to this the continuance of the 
 intention was certainly unnecessary. 
 
 It may be doubted whether this plea alleges an attempt to 
 murder, as it uses the terms of an indictment for manslaughter, 
 and omits the technical terms of an indictment for murder. 
 
 In Rex V. Hunt (R. & M. 0. 0. R. 93, a.d. 1825), the prisoner 
 was indicted for wounding ; and it appeared that he had in the 
 night entered the prosecutor's yard, with intent to break open 
 the stable, and steal his goods. The prosecutor was called up by 
 one of his servants, and found the stable had been attempted, 
 and the door cut in such a manner that the bolt was exposed, 
 and found the prisoner concealed in the yard, and some house- 
 breaking instruments, with one of which the door of the stable 
 appeared to have been cut, were found near the spot where the 
 prisoner was. The prosecutor arrested the prisoner, who after- 
 wards cut the servant, who was assisting in detaining him. It 
 was objected that the prisoner was not lawfully in custody, an 
 attempt to commit felony being only a misdemeanor ; but it was 
 held that, " the prisoner being detected in the night attempting 
 to commit a felony, might lawfully be detained without warrant 
 till he could be taken before a magistrate." At the time when 
 this offence was committed a burglary might be committed in a 
 stable, which was within the curtilage, and consequently at that 
 time an attempt to break into such a stable in the night, with> 
 intent to steal the goods therein, was an attempt to commit a 
 felony, and that was clearly the offence of the prisoner ; for at 
 that time no other attempt to break into a stable was an attempt 
 to commit a felony; as the 10 & 11 Will. 3, o. 23, and 1 Geo. 4, 
 c. 117, which applied to private stealing in a stable, did not 
 apply where the stable was broken open at the time the goods 
 were stolen: (Post. 79 ; 2 East P. C. c. 16, s. 79, p. 641.) This 
 case, therefore, decides that a private person may arrest anyone 
 caught in the act of attempting to commit a burglary. I have 
 
Arrest without Warrant. Ixix 
 
 made this explanation, because the caae is so reporteci that any- 
 one might suppose that the power to arrest depended on the 
 attempt to commit a felony being made in the night ; ■whereas 
 the night is really only mentioned in the case because the 
 particular felony there attempted could only be committed in 
 the night. 
 
 In Rex V. Sowarih (R. & M. 0. 0. E., 207) a similar question 
 arose, and, in stating the case for the Judges, Littledale, J., 
 raised the question whether a private person could arrest a 
 person found attempting to steal boards ; but in the argument 
 for the prisoner, that great lawyer. Sir W. Erie, put it thus : 
 " The power to arrest for offences inferior to felony is confined 
 to the time of committing the offence. Neither peace officer nor 
 private individual can arrest for a misdemeanor after it is over 
 upon the charge of another, and the attempt to commit a felony 
 is within the rule ; '' and then he went on to contend that " here 
 the attempt was over, the intention abandoned," &o. And in 
 reply to Rex v. Hunt, which was cited for the Grown, he said 
 there " the prisoner was caught in the act, and was arrested 
 actually attempting to commit a felony. Here both these facts 
 are negatived." He seems, therefore, to have admitted that any 
 person might arrest another for an attempt to commit a felony in 
 his presence; and the Judges clearly so understood him; for 
 they held that, as the prisoner was taken on fresh pursuit, it 
 was the same as if he had been taken in the outhouse where the 
 boards were, which clearly assumed that he might lawfully have 
 been arrested there. 
 
 The arrest in this case was also supported by the counsel for 
 the Crown under " The Vagrant Act" (5 Geo. i, u. 83, ». 4), 
 which makes every person found, inter alia, in any outhouse " for 
 any unlawful purpose " a rogue and vagabond, and sect. 6, which 
 authorises any person to apprehend any person "found offend- 
 ing" against the act; but this statute was neither noticed in 
 the reply nor by the Judges, and it seems clear that it did 
 not apply to this case ; for the offences created by sect. 4 are 
 plainly offences for which there was no provision previdusly 
 made; suo^ as a man going into any of the places specified 
 for " any unlawful purpose," but not having attempted to carry 
 it into effect. To extend it to attempts to commit felony would 
 raise the question whether, if it did so extend, it did not 
 
Ixx Arrest without Warrant. 
 
 impliedly repeal the heavier punishments to which they were 
 liable. 
 
 On these authorities it seems to be perfectly clear that any 
 private person may lawfully apprehend any person whom he 
 may catch in the attempt to commit any felony, and take him 
 before a justice to be dealt with according to law. 
 
 I have now adduced abundantly sufficient authorities to prove 
 that the general assertion in the paper in the Times that " a 
 private individual is not justified in arresting without a warrant " 
 a person found committing a misdemeanor, cannot be supported. 
 On the contrary, those authorities very strongly tend to show 
 that any private individual may arrest any person whom he 
 catches committing any misdemeanor. It is quite true that 
 I have been unable to find any express authority which goes 
 to that extent ; but it must be remembered that where the 
 question turns on some common law rule, there never can have 
 been any authority to lay down any general rule ; each case 
 must necessarily be a single instance of a particular class. And 
 as in larceny, notwithstanding the vast number of cases which 
 have been decided, no complete definition of the ofience has 
 ever yet been given by any binding authority, so in the 
 present case we must not be surprised if we find no general 
 rule established. 
 
 But when we find that all misdemeanors are of the same class ; 
 that it is impossible to distinguish in any satisfactory way 
 between one and another, and that in the only case (^Fox v. Gaunt) 
 where such a distinction was attempted, the court at once repu- 
 diated it ; and when, on the question whether a party indicted 
 for a misdemeanor was entitled to be discharged on habeas corpus, 
 Lord Tenterden, O.J., said, in delivering the judgment of the 
 court, "I do not know how, for this purpose, to distinguish 
 between one class of crimes and another. It has been urged 
 that the same principle will warrant an arrest in the case of a 
 common assault. That certainly will follow :" {Ex parte Scott, 
 9 B. &. 0. 446.) And when, above all, the same broad principle 
 that it is for the common good that all offenders should be 
 arrested, applies to every misdemeanor, and that principle has 
 been the foundation of the decisions from the earliest times, and 
 was the ground on which Timothy v. Simpson was decided ; the 
 only reasonable conclusion seems to be that the power to arrest 
 
Arrest without Warrant. Ixxi 
 
 applies to all misdemeanors alike wherever the offender is 
 caught in the act. 
 
 As I understand the words, "except where a statute enacts 
 otherwise," in the passage I have copied from the Times, those 
 words refer to statutes which authorise the apprehension of 
 offenders for offences created hj them, such as the Larceny and 
 Malicious Injuries Acts. If that be so, the learned author seems 
 to have overlooked the very important clause in sect. 11 of the 
 14 & 15 Yict. c. 19, which merits a prominent notice in any 
 paper on the power to arrest in cases of misdemeanor. This 
 clause enacts that " it shall be lawful for any person whatsoever 
 to apprehend any person who shall be found committing any 
 indictable offence in the night." It is perfectly clear that this 
 provision includes every misdemeanor committed in the night. 
 As I was the author of this clause I can explain the reason 
 why it was introduced. 'A serious misapprehension had arisen 
 in oases of poaching by three or more persons armed in the 
 night, under sect. 9 of the 9 Geo. 4, c. 69. Sect. 1 of that act 
 created an offence, not indictable, but punishable on summary 
 conviction, where any person entered or was in any land by 
 night for the purpose of poaching ; then sect. 2 empowered the 
 owner of the land, and certain others, to apprehend any person 
 found committing any offence against sect. 1. And sect. 9 made 
 any persons who, to the number of three or more, entered or 
 were in any land by night, armed with offensive weapons for the 
 purpose of poaching, guilty of a misdemeanor. 
 
 In Eex V. Ball (B. & M. C. 0. R. 330), the prisoner was 
 indicted for shooting at S. Goode with intent to resist his 
 apprehension for the offence that he and divers other persons 
 were found armed in the night in a wood for the purpose of 
 taking game. It is doubtful whether this sufficiently charged 
 an offence within sect. 9 of the 9 Geo. 4, o. 69 ; but the evidence 
 proved an offence by the prisoner and twenty-one others within 
 sect. 9 ; and thereupon it was objected that sect. 2 gave no power 
 to arrest for any offence other than one within sect. 1, and that 
 
 this was an offence against sect. 9, and not against sect. 1 ; but 
 Bayley, B., " thought the offence was an offence upon the first 
 
 section, though, from the circumstances of aggravation that 
 accompanied it, it was punishable under the ninth section," and 
 
 the Judges supported this ruling, "as the prisoner was guilty of 
 
Ixxii Arrest without Warrant. 
 
 an offence under the first seotion as well as the ninth."' As the 
 conviction was sustained on this ground, it was unnecessary to 
 consider the power to apprehend for a misdemeanor under 
 sect. 9, even if it coiild "have been raised under this form of 
 indictment ; and the point was not noticed in the case. In Bex 
 T. Warner (R. & M. C. 0. R. 380; 5 C. & P. 525), the prisoners 
 were convicted of maliciously wounding a gamekeeper of one 
 manor, who met them on a highway two or three hundred yards 
 from a wood in another manor, and the conviction was supported 
 on the ground that there was no attempt to arrest the prisoners, 
 and no provocation sufficient to reduce the offence to man- 
 slaughter, if death had ensued. It was admitted by the counsel 
 for the Crown that there was no power to apprehend, under 
 sect. 2 of the 7 Geo. 4, u. 69, and there clearly was not, for the 
 prisoners were not " found upon any land committing " any 
 offence against sect. 1, but were met at a distance from the 
 place where the offence, if any, had been committed; and, for 
 the same reason, there clearly was no power to apprehend for 
 the misdemeanor under sect. 9, and this point was not noticed in 
 this case. In Rex v. Addis (6 C. & P. 389) a party of poachers 
 were in a wood in pursuit of game, and the deceased, an 
 assistant keeper of Mr. Clive, pursued and tried to apprehend 
 ,them, and one of them turned roimd and shot the deceased. 
 Mr. Olive had only the owner's permission to preserve the wood, 
 which was not within any manor belonging to Mr. Clive. It was 
 objected that the deceased had no authority to apprehend under 
 sect. 2 of the 9 Geo. 4, c. 69, and Patteson, J., held the objec- 
 tion to be well founded, but he afterwards . told me that he 
 thought he had gone too far in this case. In Rex v. Davis 
 (7 C. & P. 785), the prisoner was indicted for shooting at a 
 servant of Sir T. Winuington, with intent to murder him. 
 The prisoner and another man had been found poaching 
 by night in -. wood of Colonel Charlet's, and the servant of 
 Sir T. Winnington was shot at whilst pursuing one of them. 
 Parke, B., said : " Unless the prosecutor had authority from 
 Colonel Charlet to arrest poachers, it would only have been 
 manslaughter if death ' had ensued. If Sir T. Winnington 
 was lord of a manor. Including his own land and Colonel 
 Chariot's, he might be justified in apprehending." And there- 
 upon a witness proved that the wood was in a manor of 
 
Arrest without Warrant. Ixxiii 
 
 Sir T. Winninglon's. As there were only two poachers in 
 this case, they were only guilty of an offence under sect. 1, 
 and sect 9 did not apply. 
 
 From this examination of the cases, it is clear that the point 
 as to the power to apprehend for a misdemeanor against sect. 9 
 was never raised, and that the only case in which it would have 
 been material was Rex v. Addis. It had appeared, however, to 
 me that if that question were raised the cases I have referred to 
 might be cited to show that there was no authority to arrest 
 offenders against sect. 9, except that given by sect. 2 ; and as any 
 doubt as to the authority to arrest in these cases was calculated 
 to lead to acts of violence, it seemed to me, when I prepared the 
 14 & 15 Viot. c. 19, to be much better to set the matter at rest, 
 and therefore I framed sect. 11 of that act, and, instead of 
 reciting that there was no power to arrest in cases of mis- 
 demeanor, I recited, as is usual in like cases, that " doubts had 
 been entertained as to the authority to apprehend persons found 
 committing offences in the night." 
 
 In Reg. v. Sanderson (1 F. & F. 598) Willes, J., held that 
 sect. 11 of the 14 & 15 Vict. o. 19, authorised the apprehension 
 of persons found committing offences against sect. 9 of the 
 9 Geo. 4, c. 69; and that very learned Judge held that the 
 clause applied to all persons whomsoever " found committing 
 offences in the night," and thus fully carried into effect the 
 object with which the clause was framed. 
 
 In this case the counsel for the prisoners alleged that " the 
 night was (by sect. 13 of the same act) enacted to be the same 
 as in cases of burglary." Now, sect. 13 enacts that " the time 
 at which the night shall commence in any offence agai-ast the 
 provisions of this act shall be the same as in cases of burglary ; " 
 and sect. 11 not only does not create any offence, but it does not 
 even apply to any offence against the act, for the previous section 
 provides for the apprehension of persons found committing any 
 offence against the act. Night, therefore, in sect. 11 is not 
 defined at all ; and the time at which it begins and ends, in each 
 case, with reference to this section, will depend on the common 
 law or statute applicable to the case. 
 
 There ia a distinction between a private person and a constable 
 as to the power to arrest anyone upon suspicion of having com- 
 mitted a felony, which ia thus stated by Lord Tenterden, C. J., 
 e 
 
Ixxiv Arresl without Warrant. 
 
 in Bechmth v. Philby (6 B. & 0. 635) : " In order to justify a 
 private person in causing the imprisonment of a person, he must 
 not only make out a reasonable ground of suspicion, but he must 
 prove that a felony has been actually committed; whereas a 
 constable, having reasonable ground to suspect that a felony has 
 been committed, is authorised to detain the party suspected 
 until inquiry can be made by the proper authorities." This 
 distinction is perfectly settled. The rule as to private persons 
 was so stated by Genney in the Year Book, 9 Edw. 4, already 
 mentioned, and has been fully settled ever since the case of' 
 Ledwith v. Catchpoh{CaM. 291, a.d. 1783). 
 
 But there seems to be an exception to this rule where an 
 indictment for felony has been found against the party appre- 
 hended, for this seems to be a good cause of arrest by a private 
 person: (Dalt. c. 170, s. 5; 1 East P. C, o. 5, s. 68, p. 301.) 
 And as the Court of Queen's Bench will not discharge a party 
 indicted even for a misdemeanor {Ex parte Scott, already cited), 
 this seems to show that a detention of a person indicted is law- 
 ful : (see, also, the Canadian Prisoners' ease, 5 M. & W. 32.) 
 
 It is quite clear that a person who has committed a felony 
 may, by the common law, be apprehended in any part of Her 
 Majesty's dominions. By the common law each county in 
 England was as distinct from every other county as if it wei-e a 
 different kingdom ; and Lord Mansfield, C. J., in Hex v. Weston- 
 under-Penyard (4 Burr. B507), said, " The old jurisdiction of 
 counties was local; they were like different kingdoms. There 
 was no jurisdiction out of the county; no process out of it." 
 And so totally distinct is one county from another, that where 
 a parish lies partly in two adjoining counties, an indictment for 
 the non-repair of part of a highway lying in one county must be 
 against the inhabitants of the part of the parish which lies in 
 that county: (/6irf.) The question, therefore, of the right to 
 arrest a felon in one part of Her Majesty's dominions for a 
 felony committed in another, is precisely the same as that of the 
 right to apprehend a felon in one county for a felony committed 
 in another. 
 
 Now, it was held very long ago that any person may appre- 
 hend a felon in one county for a felony committed in another 
 county (Tear Books, 11 Edw. 4, fol. 4, pi. 8; s. c. 'M. 6, and 
 13 Edw. 4, fol. 8, pi. 4 ; see also Piatt v. Lokke, Plowd. 35, 37 ; 
 
Arrest without Warrant. Ixxv 
 
 2 Hale P. 0. 51) ; and a justice of the peace may examine a felon 
 arrested in his county for a felony committed in another county 
 (2 Hale, P. C. 51), or may issue his warrant to apprehend a 
 felon who is in his county for a felony committed in another 
 county: (1 Hale, P. 0. 580.) In reality, the' corporeal presence 
 of a felon in a county gives exactly the same power to apprehend 
 him there as if the felony had been there committed. And hence 
 it is that it is quite immaterial in what part of Her Majesty's 
 dominions the felony was committed or the prisoner apprehended. 
 Thus, a prisoner may be apprehended in Scotland for a felony 
 committed in Ireland, brought to England, and sent to Ireland 
 to be tried : (Co/. Lundy's case, 2 Ventr. 314.) So a person may 
 be apprehended in England for a, felony committed In Ireland' 
 and sent thither to be tried : (^Rex v. Kimberletj, 2 Str. 848.) So a 
 person arrested in England for a murder in Barbadoes may be 
 sent thither to be tried : (^Anonymous, cited 2 Ventr. 314.) Nay 
 more, if -■ felony be committed out of the Queen's dominions, 
 whether on land or sea, the felon may be apprehended in 
 England, as in the case of the man committed in England for 
 a murder in Portugal, cited in 2 Str. 849, from 3 Keble, 785, and 
 of the man who had committed a felony on the high seas, and 
 was examined and committed by a justice into whose county he 
 came: {Rex v. Muilman, Park, 241; 5 Bum, J., D. and W. 11.) 
 
 And here I may mention a case where a man was arrested in 
 London on his own confession that he had committed a felony in 
 Australia not very long since, and, if I mistake not, discharged 
 on the ground that such an offender could only be dealt 
 with under the 6 & 7 Vict. t. 34, which requires a warrant to be 
 issued in that part of the Queen's dominions where the offence 
 was committed for his apprehension in Great Britain. But this 
 was a clear mistake, as that act was expressly passed " to make 
 more effectual provision for the apprehension and trial of offenders " 
 who may be in other parts of Her Majesty's dominions than 
 those where the offences were committed. So that it is perfeotly 
 clear that the conamon law power of arrest in such cases remains 
 unaffected by this act. 
 
 Very important questions may arise where an officer has two 
 
 or more warrants, one of which is bad, or a bad warrant, and a 
 
 lawful authority to arrest independently of that warrant. The 
 
 points which may arise in such cases in consequence of the 
 
 e2 
 
Ixxvi Arrest without Wan-ant. 
 
 resistance of the party apprehended, or of the interference of 
 other persons, are very numerous, and only a few of them can 
 be noticed. 
 
 In civil cases it is fully Settled that an officer is not confined 
 in court to the authority which alone he alleged when he acted ; 
 but he may certainly resort to any authority which justified his 
 proceedings. Governors of Bristol Poor- v. Wait (1 Ad. & E. 
 264), which ia in accordance with the Year Book 5 Hen. 7, fol. 
 23, not 13 as cited in 2 Roll. Abr. Replevin, M. pi. 4, p. 433, and 
 other authorities there collected, and many subsequent cases. 
 But I have failed to discover any criminal case in vfhioh any 
 such, point has ai'isen, except on habeas corpus. 
 
 Some civil cases, however, nearly approach criminal cases. 
 In Grenville v. The CoUege of Physicians (12 Mod. R. 386), 
 where in an action for assault, &c., the defendants justified 
 under a warrant, and it was held that a replication de injuria 
 was bad because it did not traverse the warrant. Holt, C.J., 
 said : " Suppose one has a legal and an illegal warrant (to 
 arrest), yet he may justify by virtue of the legal one, for it is 
 not what he declares, but the authority which he has is his 
 justification." In Hoye v. Busk (1 M. & G. 775), the plaintiff 
 had been arrested under a warrant to take John Hoye tor 
 stealing a mare; but his name was really Richard, and it 
 was held that the arrest was illegal, although he was the 
 person against whom the information was given, and the 
 warrant was intended to be issued. It was not proved that any 
 felony had been committed, and Tindal, 0. J., observed during 
 the argument, " If he were the guilty person, the officer would 
 not want the warrant, supposing the felony to have been com- 
 mitted." And in delivering judgment the same great Judge said : 
 " Where, indeed, it can be shewn that a felony has actually been 
 committed, the constable may throw the warrant aside. It will 
 be sufficient in such a case for the constable to show that he has 
 taken the person really charged with the offence, however he 
 may have been described in the warrant." In both these cases 
 these dicta were perfectly correct, as they were civil suits, and 
 in such a suit the authorities abundantly show that the officer 
 may justify his acts by any authority which he in fact possessed. 
 But it seems to admit of grave doubts whether this doctrine can 
 be supported in all criminal oases. Suppose a constable, having 
 
Arrest without Warrant. Ixxvii 
 
 a good and bad warrant, ai-rest a man on the bad warrant only, 
 which he allows the man to read, who sees it is void, and resists 
 his arrest on that ground, and the result is the death of the 
 o£Eoer ; if this had been the only authority the ofBcer had the 
 offence would have been only manslaughter ; is the man guilty 
 of murder by reason of the good warrant, of which he knew 
 nothing? It would seem that there are strong reasons for 
 saying that he would not be guilty of murder. The ground on 
 which the killing an oflScer is murder is that the killer is 
 wilfully setting the law at defiance, and killing an officer in the 
 execution of his duty. The ground on which the killing of an 
 officer whilst executing an unlawful warrant is manslaughter is 
 that every man has a dght to resist an unlawful arrest, and 
 that such an arrest is a sufficient provocation to reduce the 
 killing to manslaughter. In the supposed case the killer would 
 not be setting the law at defiance, but would be resisting what 
 appeared to him to be an unlawful arrest; and the actual 
 provocation would be just as great as if the bad warrant alone 
 existed. It is of the essence of a warrant that " the party upon 
 whom it is executed should know whether he is bound to 
 submit to the aiTest :" (Per Ooltman, J., in Hoye v. Busk, citing 
 Rex V. Weir, 1 B. & C. 288.) And where an arrest is made 
 without a warrant, it is of the essence of the lawfulness of the 
 arrest that the party arrested should have either express or 
 implied notice of the cause of the arrest. Now where a 
 constable in the supposed case arrests on the void warrant, the 
 party arrested has no express notice of the good warrant, for it 
 is not shown, and no implied notice of it, for every thing done 
 by the constable is referable to the void warrant ; and, besides, 
 the conduct of the constable is calculated to mislead, and it may 
 well be that the party is innocent, and knows nothing of the 
 offence specified in the valid warrant. Lastly, it must be re- 
 membered that in such a case the criminality of the act depends 
 upon the intention of the party arrested, and that intention can- 
 not in any way be affected by faults of which he is ignorant. 
 
 On the other hand, it would seem to be clear that, where an 
 officer has two or more warrants, one of which is bad, and he 
 shows all to the party to be arrested, who kills the officer in 
 resisting the arrest, it would be murder; for he was bound 
 to yield obedience to the lawful authority. 
 
Ixxviii Arrest without Warrant. 
 
 Next, as to third persons interfering. If tbe ofiBcer has a 
 person in custody nnder a good and bad warrant, that is clearly 
 a lawful custody, and consequently the killing of an officer by 
 tlird persons, under such circumstances, would clearly be 
 murder. In fact, where an officer has a man in custody under 
 a lawful as well as an unlawful authority, the latter, being in 
 point of law a complete nullity, may be wholly thrown aside in 
 considering the lawfulness of the custody. Suppose, then, a 
 constable were to apprehend a person on reasonable suspicion of 
 having committed a felony, and take him before a justice, who 
 either remanded or committed him by a void warrant, it seems 
 clear that, if the constable were killed by a third person whilst 
 he had the man in custody, it would be murder ; for, though the 
 warrant was bad, he had a lawful authority to detain on the 
 reasonable suspicion. 
 
 The points as to the law on habeas corpus in criminal cases 
 require explanation. It is said " the rule of law is that a person 
 in custody in this country upon a, criminal charge, with a view 
 to trial, is not, by reason of any irregularity in his arrest, entitled 
 to discharge upon habeas corpus without trial." And again, " in 
 a case of felony, there could be no discharge from custody before 
 trial upon the ground of mere informality in the warrant." 
 
 Now, the practice and law upon habeas corpus in indictable 
 cases before trial is this : If the prisoner has been committed for 
 trial by a justice, a certiorari directed to the justice to return the 
 depositions miist be obtained, and the case is decided upon the 
 depositions, whenever the commitment is void ; for though the 
 warrant of commitment is informal, yet if, upon the depositions 
 returned, the Court see that a felony or misdemeanor has been 
 committed, and that there, is a reasonable ground of charge 
 against the prisoner, they will not discharge him : (ifei v. Marhs, 
 3' East B. 1 57.) But if the warrant be void, and the depositions 
 either disclose no indictable offence, or fail to show any reason- 
 able ground of charge against the prisoner, the Court will 
 discharge him. So, if the prisoner has not been taken before a, 
 justice, but the return or affidavits show that he is in custody 
 for any indictable offence, the Court will not discharge him. 
 Thus, where a return showed that the prisoner was in custody 
 on suspicion of a murder, the Court refused to discharge him ; 
 Lord Tenterden saying, " I certainly do not recollect any instance 
 
Arrest without Warrant. Ixxix 
 
 of .sf writ of habeas coi'pus to bring up persons who were in custody 
 for inquiry only, and if we could see that these persons are un- 
 lawfully in custody we must discharge them. But nothing of that 
 kind appears. It is lawful for any person to take into custody a 
 man charged with felony; and keep him until he can be taken 
 before a magistrata." And the Court committed the prisoner to 
 the marshal of the Marshalsea to be taken before some com- 
 petent authority to be examined : (Ex parte Krans, 1 B. & C. 
 258.) So where it appeared by affidavits that a bill of indict- 
 ment for perjury had been found against the prisoner, the Court 
 refused to discharge her (^Ex parte Scott, 9 B. & C. 446) ; and 
 this case has settled the rule that the law as to habeas cotpus 
 extends to every indictable offence ; for in it the contention was 
 that that law did not extend to misdemeanors, and that if it were 
 extended to that ca^e, it must be held applicable even to cases of 
 common assault ; and Lord Tenterden, as we have seen, declared 
 that that consequence would certainly follow, and the prisoner 
 was remanded. 
 
 These authorities clearly prove that where, independently of a 
 void commitment, there is a sufficient criminal charge, either in 
 the depositions or otherwise, the Court will not discharge ; but 
 that where there is no sufficient criminal charge they will. 
 They, therefore, do fully bear out the position for which they 
 are referred to in the paper in the Times, that Brett, inde- 
 pendently of the warrant of remand, had full authority to detain 
 Kelly. But it also seems to me that Ex parte Scott tends very 
 strongly to prove that the right of a private person to arrest a 
 person found committing a misdemeanor extends to every mis- 
 demeanor ; for that case shows that in no case of m^isdemeanor 
 would the Court discharge the prisoner, which proves that the 
 custody is lawful. Now, if the custody was lawful when the 
 habeas was obtained, or when the prisoner was remanded, how 
 can it have been unlawful at any previous time ? The custody 
 has from the first been for the same cause, and has in no respect 
 changed in its character. Its lawfulness, therefore, at one time 
 necessarily leads to the conclusion that it was always lawful. 
 Of course this must be limited in general to the oases where the 
 custody has all along been in England : where (as in Scoffs case) 
 the original arrest was abroad, the custody, whatever it may 
 have been previously, became ■». lawful custody as soon as the 
 
Ixxx Arrest without Warrant. 
 
 priooner came into England, at which time the prisoner came 
 within the jurisdiction of the English law. 
 
 Although the party arresting must catch the offender in the 
 act of committing the misdemeanor, he is not restricted to 
 apprehending him whilst committing the offence — he may 
 apprehend him upon the spot immediately after the offence, or 
 upon fresh pursuit if he run away. In Hex v. Howarth 
 (R. & M. 0. 0. B. 207) the prisoner was seen in an outhouse 
 and a noise was heard among the boards there, the owner was 
 fetched, and, after searching several places, the prisoner was 
 found in another person's garden crouched down under a tree ; 
 the jury found only an attempt to commit a. felony, and it was 
 held that, as the prisoner was seen in the outhouse, and was 
 taken on fresh pursuit before he had left the neighbourhood, 
 it was the same as if he had been taken in the outhouse, or 
 in running away from it : (see Rex v. Hunt, already cited ; 
 Hanway v. Boidtbee, 1 M. & Rob. 14 ; 4 0. & P. 350 ; and 
 Bex V. Fraser, R. & M. 0. 0. R. 419.) 
 
 But the arrest must be upon fresh pursuit, and not after a 
 lapse of time during which all pursuit has been abandoned. In 
 Hex V Gardener (B. & M. 0. 0. R. 390), the prisoner was seen by 
 a constable playing at thimble-rig between two and four p.m. in 
 a fair ; the constable then tried to arrest him, but he escaped, 
 and the constable could not find him till nine p.m., when the 
 constable attempted to arrest him, and it was held that the 
 arrest could not lawfully be made, as it was not on fresh 
 pursuit (Addenda R. & M. xii.), though the jury found that the 
 prisoner knew that the constable was attempting to arrest him 
 for the offence committed in the fair : (see also Reg. v. Walker, 
 Dears. 0. 0. 358.) 
 
 Treason is felony and something more j wherever, therefore, 
 there is authority to apprehend for felony, there is certainly 
 authority to apprehend for treason. But a distinction may here 
 well be noticed between them. In the case of felony there may 
 be a great many things done for the purpose of accomplishing 
 the felony, which do not amount to felony, as nothing amounts 
 to felony, except what constitutes the person doing it either a 
 principal or accessory before or after the fact. A recent case 
 well illustrates what I mean. Williams gave poison to Edwards 
 telling him that it was poison, and that he wanted to kill 
 
A7rest without Warrant. Ixxxi 
 
 Vaughan, and directed him to go to Vaughan's house with it, 
 and put it in some beer, and so poison Vaughan. Edwards went 
 to Vaughan with the poison, told him what had passed, and gave 
 up the poison. It was held that this was not the felony of 
 attempting to administer poison within the 1 Vict. a. 85, s. 3 : 
 (Eeg. T. Williams, \ Den. 0. C. 39.) But the same prisoner 
 was afterwards convicted before that great Judge, Oresswell, 3., 
 for the misdemeanor of doing the acts with the felonious intent : 
 (Dears. 0. 0. 647.) But to provide weapons, powder, or poison, 
 to put the King to death is treason : (1 Hale P. C. 108.) So to 
 take a pistol, powder, and pellets, and to go towards the place 
 where the. Queen is, with ". traitorous intent, is an overt act of 
 treason: {Somervile's case, 1 And. 104.) Indeed, taking any ■ 
 step in order to carry out a treasonable design is an overt act. 
 Thus, taking a boat at the Surrey-stairs in Middlesex, in order 
 to go on board a smack, with papers to be used in Prance for 
 treasonable purposes, is an overt act in Middlesex: (^Lord 
 Preston's case, i St. Tr. 406) ; for " every step taken for those 
 purposes is an overt act " : (Fost. 196.) Nay, it has even been 
 held that where the prisoner had said in Portugal, " I will kill 
 the King, if I may come unto him," and he afterwards came 
 into England for the same purpose, he was guilty of treason : 
 (^Crokagan's case, Cro. Car. 332), on the ground that coming 
 into England for the purpose of killing the King was an 
 overt act: (Post. 202, 203.) Now, let us consider how this 
 distinction between treason and felony may affect the authority 
 to arrest. Let us first suppose that there is a number of 
 persons who have committed treason, and that, one or more 
 of them being imprisoned for it, the others combine to 
 break open the prison and rescue them, in order that they 
 may all prosecute their treasonable purposes, and that those 
 who are in prison are participating in these designs. If 
 the rescue were effected, there is no doubt all would be 
 guilty of treason (as persons who rescue actual traitors are 
 guilty of treason, if they know them to be such, although they 
 have not previously joined in their treason). But suppose, in- 
 stead of affecting their purpose, a baiTel of powder is brought 
 and exploded for the purpose of effecting the designs I have men- 
 tioned by blowing down the wall of a yard of the prison, the 
 authorities I have cited seem to show that the procuring the 
 e3 
 
Ixxxii Arrest without Warrant. 
 
 powder, the taking it to the prison, and the exploding it there, 
 in fact, to use the words of Foster, " every step taken for those 
 purposes was an overt act of treason." Every private person, 
 therefore, not only might, but would be bound to, arrest any one 
 of the persons doing any of these acts, if he had reasonable 
 ground to believe that they were done for the purposes in 
 question. 
 
 But, on the other hand, if the offenders were imprisoned for 
 felony only, the breaking open the prison and rescuing the 
 offenders would only be felony, and consequently the attempt to 
 break open the prison for that purpose would only be an attempt 
 to commit a felony, and that attempt would be confined to the 
 explosion, and would not include the steps preparatory to it. 
 This will suSBoe to show how important it was to point out 
 clearly that any private person has authority to arrest anyone 
 caught in the act of attempting to commit any felony, and 
 was indeed the principal cause which induced me to write this 
 paper. 
 
 It must be observed also that a criminal act coupled with cri- 
 minal or felonious intention constitutes in many cases a misde- 
 meanor, although the act be not so proximate to the intended 
 offence as to constitute an attempt to commit it. Williams's 
 case already cited affords one instance ; but it is impossible to 
 lay down any definite rule as to this class of offences, as each 
 must depend upon its particular circumstances. The best guide 
 on this subject is the doctrine laid down by Lord Mansfield in 
 Rex V. 6'coji[€H(Cald. 397), which mMexy. ff%ms(2Ea8tR.22) 
 Lawrence, J., said "comprises all the principles of the former 
 decision," that " so long as an act rests in bare intention it is 
 not punishable by our law, but immediately when an act is done, 
 the law judges not only of the act done, but of the intent with 
 which it is done, and if accompanied with an unlawful and malicious 
 intent, though the act itself would otherwise have been innocent, 
 the intent being criminal, the act becomes criminal and punish- 
 able." This is a plain and clear rule, and has been constantly 
 acted upon. Thus, unlawfully having counterfeit coin with intent 
 to utter it is no offence, but obtaining such coin with intent to 
 utter it is a misdemeanor, and the same distinction has been held 
 as to obscene prints : {Beg. v. Dugdale, 1 E. & B. 435.) Upon 
 these authorities it would seem that procuring powder or arms 
 
Arrest without Warrant. Ixxxiii 
 
 with Intent to commit a felony is a misdemeanor, for the procur- 
 ing is an act done, and it is coupled with a criminal intent. And 
 here it is right to notice a dictum or two which require to be 
 properly understood. 
 
 In Reg. v. Collins (L. & 0. 471) the prisoners were charged 
 with an attempt to commit a felony, and Orompton, J. is reported 
 to have said " Suppose a man were to buy a pistol with intent to 
 rob and murder another in a lane, and the man who was to be 
 murdered never came, the intent would not be enough without 
 the attempt." This is equivocal ; as it might mean that it would 
 not be enough to constitute a misdemeanor, as well as an attempt 
 to commit a felony. But all doubt is removed by the much 
 clearer statement in the report in 10 L. T. Rep. N. S. 581. 
 Orompton, J. — " Suppose a man were to go down a lane armed 
 with a pistol, with the intention to rob a particular person whom 
 he expected would pass that way, and the person does not happen 
 to come, would that be an attempt to rob the person ? " And this 
 is quite in accordance with what Maule, J., said in Reg. v. 
 Eagletan (Dears, 0. 0. 525), " The doubt may arise what is an 
 atteng)t? Must it not be a proximate attempt? Does a man 
 intending to murder, attempt to do so, if he buys a dagger or 
 poison, but uses neither the one nor the other ? " 
 
 It is clear that neither of these learned Judges did more than 
 speak of an attempt to commit an offence, and it seems to me 
 that they intended to put the case of what they considered to be 
 an act coupled with a criminal intent, which did not amount to 
 an attempt to commit an offence, and that their attention was 
 not directed to the question whether that would constitute a 
 misdemeanor, and their dicta certainly have no tendency to show 
 that it would not. 
 
 In this class of misdemeanor, which do not amount to an at- 
 tempt to commit a felony, the right of a private person to arrest 
 those who are caught committing them, depends upon the ques- 
 tion whether the conclusion that I have drawn from the cases be 
 right or not, viz., that that right extends to all misdemeanors 
 where the offender is caught in the act. 
 
 The main object of the Troason-Polony Act was to enable the 
 Crown to treat such persons as felons whose Offences might in 
 strictness be held to be treason, in oases where the offences were 
 of a minor character, and it in no way affects the duty or right 
 
Ixxxiv Attempts to commit Crimes. 
 
 to apprehend persons guilty of treason within the 25 Edw. 3, o. 2, 
 or the unrepealed part of the 36 Geo. 3, o. 57. 
 
 There are sundry other points which I might advert to, but 
 this paper has already extended to a much greater length than I 
 anticipated, and it is time to conclude. 
 
 ATTEMPTS TO COMMIT CRIMES AND INDICTABLE 
 ORIGINAL ACTS. 
 
 In my paper upon the poweFto arrest in cases of misdemeanor, 
 I touched upon attempts to commit offences and criminal acts, 
 which amounted to misdemeanors, though they did not amount 
 to attemps to commit offences ; but I did not go so fully into the 
 nature of either of these classes of offences as I should have 
 done if I had been writing a paper upon them. As, however, 
 questions frequently arise respecting these offences, and as it is 
 desirable to place them in as clear a light as may be, I will 
 proceed to consider them as carefully as I can. 
 
 It may be as well to premise that all acts which are done with 
 a criminal intent, and are such as may subject those who do 
 them to prosecution by indictment, may properly be divided into 
 three classes : first, those which actually effect the crime itself ; 
 secondly, those which fall short of effecting the crime, but 
 approach so nearly to it as to constitute attempts; and lastly, 
 those which are too remote from the crime itself to constitute 
 attempts, but nevertheless are indictable as acts done with a 
 criminal intent. With the crimes themselves, and with those 
 who are participators in them, either as principals or accessories, 
 this paper has nothing to do, except in so far as occasional 
 reference to them may be made in order the better to illustrate 
 any point affecting either of the other two classes. 
 
 On the whole, it would seem to be the more expedient course 
 to deal with acts done with a criminal intent before taking 
 attempts to commit crimes into consideration, as a clear insight 
 into the law affecting the former may help to give a clearer 
 insight into the law relating to the latter. 
 
 In the first place, it may bo well to explain a misapprehension, 
 which has long prevailed, as to whether an act was necessary in 
 
Attempts to commit Grimes. IxxxV 
 
 addition to a criminal intent in order to constitute an indictable 
 offence at common law; a3 couBiderable doubt seems to have 
 arisen from the inaoeui-ate use of the expression voluntas repii- 
 tabatur pro facto, 
 
 Braoton, treating of homicide per infortunium, says that if a 
 man throwing a dart at a wild beast, or playing with his com- 
 panion, and striking him jocosa levitate, kill a man, not, however, 
 with the intention of killing, he ought to be acquitted ; " quia 
 crimen non contrahitur nisi voluntas nocendi interoedat, et 
 voluntas et propositum distinguunt maleficium, et furtum 
 omnino ndn committitur sine affectu furandi;'' and he after- 
 wards adds, " In maleficiis autem spectatur voluntas et non 
 exitus, et nihil interest oooidat quis, an cauaam mortis praebeat :" 
 (Braoton, Lib. III., u. 17, p. 136, i.) Now, it is quite clear from 
 the context and the words used that Braoton did not mean a 
 hare intention, or plotting of the death of a man by the offender ; 
 but, as Lord Coke says, " He must causam mortis prcebere ; that 
 is, declare the same by some open deed tending to the execution 
 of his intent, or which might cause the death :" (3 Inst. 5.) 
 
 Where a man's wife went away with her adulterer, and they 
 compassed the death of the husband, and assaulted and struck 
 him with weapons, so that he fell down as dead, but recovered ; 
 and they were indicted, and this special matter was found by 
 verdict, it was adjudged that the man should be hanged and the 
 wife burnt: (15 Edw. 2, tit. Ooron. 383, cited 3 Inst. 5.) And 
 Sir W. Beresford, O.J., of Common Bench, said that, before him 
 and his companions, justices of oyer and terminer, a youth was 
 arraigned for that he would have stolen the goods of his master, 
 and went to his master's bed, and with a knife attempted with 
 aU his force to cut his master's throat, and, on a special verdict, 
 he was adjudged to be hanged, &o., quia voluntas rtputabatur pro 
 facto. But Lord Coke adds in the margin, " Sed haec voluntas 
 non intellecta fuit de voluntate nudis verbis aut scriptis 
 propalata, sed mundo manifestata per apertum factum, id est 
 cum quis dederat operam, quantum in ipso fuit, ad occidendum; 
 et sic de similibus;" and he adds; "so it was not a bare 
 compassing or plotting of the death of a man, either by word or 
 writing (but) by such overt deed as is aforesaid, to manifest the 
 same." Lord Coke, however, afterwards says that, before the 
 Statute of Treason (25 Edw. 3, c. 2), " if a man had compassed 
 
Ixxxvi Attempts to commit Crimes. 
 
 or imagined the death of the King, and had declared his 
 compassing or imagination by words or writing, this had been 
 high treason, and a sufficient overture by the ancient law :'' 
 (3 Inst. 5.) Foster has, however, satisfactorily shown that none 
 of Lord Coke's authorities bears out his position, and that the 
 true explanation of them is that they refer to a meeting of 
 conspirators, and a consultation between them for traitorous 
 purposes: (Fost. 205, 206.) And thus Lord Coke is made 
 consistent with himself, for, in 3 Inst. 140, he says, that 
 "compassings or imaginations against the King by word, 
 without an overt act, is a, high misprision ;" and " in case of 
 high treason, he that knoweth it before it be done, and asseateth 
 unto it, Is particeps criminis, and guilty of treason." 
 
 By the 25 Edw. 3, stat. 5, c. 2, " if percase any man of this 
 realm ride armed covertly or secretly with men of arms against 
 any other to slay him, or rob him, or take him or retain him till 
 he hath made fine or ransom for to have his deliverance, it shall 
 be judged felony or trespass (i.e., misdemeanor), according to 
 the laws of the land of old time used, and according as the case 
 requireth." On which enactment Lord Coke (3 Inst. 161) 
 remarks: "Concerning the point of felony, it must.be observed 
 that at the making of that statute, and by the laws of the realm 
 of old time used in such cases, when any purposed to slay, and 
 declared it by such overt act, voluntas reputabatur pro facto, and 
 so is this branch concerning that point to be understood." It is 
 plain, therefore, that a criminal purpose declared by an overt act 
 was indictable at common law ; and it is also clear that in this 
 passage Lord Coke applied the words voluntas reputabatur pro 
 facto to a criminal intent so declared by an overt act. 
 
 In the 27 Ass. foL 137, pi. 38, Shardhill mentioned a case 
 where a thief had assaulted a man feloniously, with intent to rob 
 him, and it was advised by all the council, oxoept Stouf , that he 
 should be hanged. And this case was cited and approved by 
 Gascoigne, in the Tear Book, 13 Hen. 4, fol. 7, pi. 20 ; and the 
 25 Edw. 3, fol. 85, pi. 33, is to the same effect. 
 
 Lord Hale says : " Although anciently an assault, to the 
 intent to rob, or an intent to rob, was reputed felony voluntas 
 reputabatur pro facto (25 Edw. 3, 42, which is a mistake for 
 fol. 85, pi. 33 ; 13 Hen. 4, 7 ; per Gascoigne, 27 Ass. 38), yet the 
 law is held otherwise at this day, and for a long time since the 
 
Attempts to commit Crim^. Ixxxvil 
 
 tiniB of Edward III., and therefore if A. lie in wait to rob B., 
 and assault him to that purpose, and require him to deliver his 
 purse, yet if de facto he hath taken nothing from him, this 
 is not felony, but only a misdemeanor, for which he is punish- 
 able by fine and imprisonment:" (9 Edw. 4, 26, 6, pi. 36; 
 1 Hale, 532.) So that Lord Hale plainly used the maxim voluntas 
 reputabatw pro facto as including an act done with a criminal 
 intent. 
 
 Hawkins says, " the bare intention to commit a felony is so 
 very criminal that, at the common law, it was punishable as 
 felony, where it missed its effect through some accident no way 
 lessening the guilt of the offender" (1 Hawk, P. 0. m. 25, s. 3)j 
 for which he cites Rex v. Bacon (1 Sid. 230 ; 1 Lev. 146). 
 Bacon was indicted for offering lOOZ. to J. S. to murder Sir 
 H. Orimstone, and, according to Levinz, the Court said, 
 "anciently voluntas reputahatur pro facto in felony, and although 
 it is not so now, it is a great offence and finable." But, according 
 to Siderfin, the Court said that " although voluntas reputabatwr 
 pro facto, so as to punish it as felony, yet it cannot (ceo ne poet) 
 be punished as a misdemeanor.' But, according to both reports. 
 Bacon was fined, &c. It is clear, therefore, that these dicta were 
 applied to the act of offering the money coupled with the 
 criminal intent; and, as Bacon was sentenced, the report in 
 Siderfin must be erroneous. Hawkins also refers to Kelyng 24 ; 
 but neither at that page nor elsewhere in Kelyng can I find any 
 passage which bears on the question. Hawkins adds, " But it 
 seems agreed, at this day, that felony shall not be imputed to a 
 bare intention to commit it ; yet it is certain that the party may 
 be very severely fined for such an intention." For which he 
 cites Bacon's case (1 Lev. 146) (which requires, as we have 
 seen, an act coupled with such an intent) and Bex v. Cowper 
 (5 Mod. 206), which is to the same effect ; for there the prisoner 
 was indicted for hiring a boat for twenty guineas, /ofed, malitiose, 
 et proditorie, to assist the King's enemies. Curia : " The very 
 intention to commit treason is regarded in the law, and any 
 preparation to assist the King's enemies is a prejudice to the 
 pubhc, and therefore an offence at common law. Our actions 
 are governed by intentions, as qualified by them ; so that in divers 
 cases the intention makes the act more or less criminal;" and the 
 prisoner was heavily fined. 
 
Ixxxviii Attempts to commit Crimes. 
 
 The result of this long — but I trust not too long — examina- 
 tion of the old authorities is to clear up the matter completely. 
 A mere intent never was indictable by the common law; 
 consequently the expression voluntas r^mtobatur pro facto was 
 inaccurately applied. But where there was not only an intent, 
 but an attempt to carry that intent into execution, the offence 
 ■was held at the common law to be as great as if the intended 
 crime had been perpetrated ; and I think rightly so, for as the 
 guilt of the offender depends upon his criminal intention and his 
 acts, the amount of his criminality when he has done all that in 
 him lies to effect his purpose is identically the same, whether 
 his attempt succeed or not. And it is not unworthy of remark 
 that in the oases of attempts to rob and murder, the legislature 
 has expressly restored them to the class of felony, and some 
 of them were till recently punishable with death, which tends to 
 show that the original common law rule was at least as good as 
 treating them as misdemeanors only. 
 
 Lastly, these old authorities tend very strongly to show that 
 any act coupled with a criminal intent was always indictable at 
 common law, and the statute of the 25 Edw. '3, before cited, 
 plainly shows that such acts were not confined to what amounted 
 to attempts to commit crimes, especially when it is remembered 
 that the same statute required an overt act in treason, and that 
 many acts have been held to be overt acts within that statute 
 which, if the offence had been felony, would not have amounted 
 to attempts. 
 
 We may now proceed to the oases in which acts done with a 
 criminal intent have been holden to be indictable as misde- 
 meanors. 
 
 Where an information stated that a deed was produced on the 
 trial of a cause, by which a verdict was obtained for the 
 defendant, and that Johnson agreed with another person to give 
 him 350?. to prove that the said deed was forged, which was 
 stated to be done malitios^, with the other usual adverbs, and 
 Johnson was convicted, it was held that this was a misdemeanor; 
 for witnesses ought to come unbiassed, and not affected by 
 money; and though this was not subornation of perjury, it was 
 an endeavour to procure one to get another to prove a deed 
 forged : (JRex v. Johnson, 2 Show. R. 1.) 
 
 Where an information alleged that the defendant unlawfully 
 
Attempts to commit Grimes. Ixxxix 
 
 and corruptly promised to pay W. H., who had a vote in an elec- 
 tion of the mayor of a town, 500?. upon condition that he woul d 
 give his vote in a certain way, it was objected that, if the 
 defendant made such a promise, it will be no crime without 
 showing the fact done, that the money was paid and accepted 
 by W. H. But the Gom't were of opinion that to bribe persons, 
 either by giving money or promises, to vote at elections of 
 members of corporations, which are created for the sake of 
 public government, is a misdemeanor : (iJea; v. Ptympton, 2 Lord 
 Baym. 1377.) 
 
 By the 8 & 9 Will. 3, «. 26, a. 1, any person who knowingly 
 had in his possession, without lawful authority or excuse, any 
 instrument which would make the figure of both or either of the 
 sides of any gold or silver coin, was guilty of treason. A count 
 alleged that the prisoner, without lawful authority, had in his 
 possession two iron stamps, each of which would make the figure 
 of one of the sceptres made on half-guineas, with intent to make 
 the impression of sceptres on sixpences, and to colour them of 
 the colour of gold, and utter them for half-guineas. Another 
 count alleged that the prisoner had in his possession a piece of 
 silver, coloured of the colour of gold, and made to resemble a 
 half-guinea, with intent to utter it. On the- case being brought 
 into the King's Bench, after conviction Lord Hardwicke, C. J., 
 said : " As to the first part of the indictment, I doubted whether 
 it was not high treason within the 8 & 9 Will. 3, c. 26, s. 1 ; but 
 it is not at all clear it would be so, because this is only to stamp 
 part of one side of the coin, viz., putting sceptres. Then is it a 
 misdemeanor at common law ? And it did not occur to me that 
 having in one's custody, vrithout any act done, was a misde- 
 meanor. As to the second part, I doubted whether any prece- 
 dent could be found to show that the bare having counterfeit 
 money in one's possession with intent to utter it, without 
 uttering it, was an offence." But the three other Judges, in 
 the absence of the Chief Justice, held the conviction right on the 
 first count. Lee, J. : " It is certain that a bare intention is not 
 punishable, and yet, when joined with acts whose circumstances 
 may be tried, it is so ; so ah action innocent in itself may be 
 made punishable by an intention joined to it, as loading wool 
 with intention to transport it, as Lord Hale says : (1 Hale 
 P. 0. 229.) Now, the 8 & 9 Will. 3, o. 26, has considered the 
 
xc Attempts to commit Crimes. 
 
 having as an act, for by that statute it is treason to have know- 
 ingly any instrument, &o., in his possession ; and though the 
 word ' knowingly ' is added, yet that is SCn act of the mind only ; 
 and the only act capable of trial in the offence against the 
 statute is the having in possession. A U that is necessary in this 
 case is an act' charged and a criminal intention joined to that act ;" 
 {Rex V. Suttcm, C. T. H. 370 ; 2 Sfr. 1074.) This case has been 
 since overruled, as we shall see ; but it is clear that it was 
 decided upon the true principle, though that principle was not 
 properly applicable to the case, according to the subsequent 
 decisions. 
 
 It has long been settled that a man cannot be guilty of arson 
 at common law by setting fire to a house of which he is in 
 possession as tenant: {Holmes's case, Oro. Oar.-^376.) But if the 
 house so set fire to be in a town, or so near to other houses as to 
 create danger to them, it is a great misdemeanor. In some cases 
 the indictment has laid the setting fire to be with intent to bum 
 the adjoining houses (Holmes's case) ; but in others the indict- 
 ment has merely stated that the houses were adjoining to that 
 set fire to by the prisoner. And such indictments are grounded 
 on the fact that such an act must necessarily cause danger and 
 terror to the neighbourhood. 
 
 In Bex V. Scqfield (Oald. 397), the indictment alleged that the 
 prisoner, maliciously intending to set fire to the house of 
 J. Ramsay, of which the prisoner was possessed for a term 
 of years, put a lighted candle into a closet of the house, which 
 was contiguous and adjoining to dwelling-houses in New Bond- 
 street, with intent to bum the house of the said J. Bamsay ; and 
 this count was held good after verdict, and Lord Mansfield, 0. J., 
 said : " So long as an act rests in bare intention it is not punish- 
 able by our laws ; but immediately when an act is done, the law 
 judges not only of the act done, but of the intent with which it 
 is done ; and if it is coupled with an unlawful and malicious 
 intentj though the act itself would otherwise have been innocent, 
 the intent being criminal, the act becomes criminal and punish- 
 able." And his lordship expressly approved of the principles 
 upon which Rex v. Sutton was decideid, and did not intimate any 
 doubt as to the correctness of that decision. 
 
 In Rex V. Higgins (2 East-E. 5), a count alleged that the 
 prisoner did falsely, wickedly, and unlawfully solicit and incite 
 
Attempts to commit Crimes. xci 
 
 J. D. to take, embezzle, and steal a quantity of twist, the 
 property of his masters ; and, upon error after sentence, it was 
 objected that a bare solicitation or incitement to commit an 
 offence was not indictable, unless it were accompanied by some 
 overt act towards carrying the intent into execution ; but it was 
 held that the solicitation was an act ; the offence did not consist 
 in mere intention ; for in soliciting J. D. to commit the felony, 
 the prisoner did an act towards carrying his intent into execu- 
 tion, and Lawrence, J., fully adopted the rule laid down by Lord 
 Mansfield in Rex v. Scofield. 
 
 In the preceding case several older cases were approved. One 
 was a case before Adams, B., tried at Shrewsbury, where the 
 Judges unanimously held that an attempt to suborn one to 
 commit perjury was a misdemeanor. Another was an indictment 
 charging that the defendant, knowing that J. 0. was indicted 
 for forgery, endeavoured to keep away a material witness for the 
 Crown: {Bex v. Lady Lawley, Fitzg. 263.) A third was an 
 indictment for soliciting one to kill the Chevalier d'Eon. And a 
 fourth was an information for an attempt to influence a jury- 
 man in giving a verdict : (Young's case.") 
 
 There is a class of cases which well illustrates and supports 
 Lord Mansfield's rule in Rex v. Scofield, and by which it is 
 settled that procuring base coin with intent to utter it, is a 
 misdemeanor (JRex v. FuUer, R. & R. 308) ; but that having base 
 coin in possession with intent to utter it is not, on the ground 
 that procuring is an act done, but that having in possession 
 cannot be considered as such an act. A second count charged the 
 prisoner with having counterfeit coin in his possession, knowing 
 it to be counterfeit, with intent to circulate it. At a meeting of 
 the Judges " they relied much upon the authority of Rex v. 
 Sutton, and the cases there cited, in forming their opinion, and 
 were then inclined to think this a misdemeanor. But, on 
 considering the case again, the majority of the Judges seemed to 
 be of opinion that having in his possession, with the terms 
 ' knowingly,' &a., annexed to it, could not be considered an act, 
 and that an intent without an act was not a misdemeanor, and 
 they considered Rex v. Sutton as untenable :" (Rex v. Heath, 
 R. & R. 184-.) And in a subsequent case the Judges were 
 unanimously of opinion that a similar count charged no offence : 
 (Rex V. Stewart, R. & R. 288.) Indeed the question seems to be 
 
xcii Attempts to commit Crimes. 
 
 fully settled, and' the principle has been applied to the case of 
 indecent prints. Thus it has been held that the procuring 
 indecent prints, with intent to publish them, is a misdemeanor ; 
 for the procuring is an act done in the commencement of 
 misdemeanor, the misdemeanor being the wicked offence of 
 pnblishing obscene prints. But preserving and keeping such 
 prints in possession with a like intent is not a misdemeanor, for 
 it is an intent unaccompanied by any act, and the prisoner might 
 have procured them without any intent to publish them, and 
 have afterwards conceived that intention ; (Dugdale v. The 
 Queen, 1 E. & B. 435, in which the preceding cases as to coin 
 were fully recognised.) 
 
 But where on searching a prisoner a quantity of bad shillings 
 inclosed in paper was found in his breeches' pocket, and another 
 packet in his waisteoat pocket, and each parcel contained about 
 twenty bad shilhngs carefully wrapped up in soft paper, and 
 separated from each other by folds of similar paper; it was 
 held that this possession, unaccounted for, and without any- 
 thing to induce a belief that the prisoner was the maker, 
 was evidence of procuring with intent to utter: (Jiex v. 
 Fuller, R. & E. 308.) And in a previous case, where the 
 prisoner had delivered a box packed up, containing a very large 
 number of bad shillings and sixpences, at a coach-office to the 
 book-keeper, the Judges seem to have been of opinion that these 
 facts afforded grounds for a good indictment, by stating that the 
 prisoner acquired or procured the bad money with intent to 
 circulate it, or packed it np or delivered it to the book-keeper, 
 with intent to circulate it : (Rex v. Heath, R. & R. 184, note a.) 
 
 In Rex V. Vaughan (4 Burr. R. 2494) the Court of King's 
 Bench granted a criminal information against Vaughan for 
 sending a letter to the Duke of Grafton, then First Lord of the 
 Treasury, containing an offer to pay 5000?. into the hands of Mr. 
 H. Newcome, to be delivered by him to the person who should 
 procure a patent of the reversion of the office of the Clerk of the 
 Supreme Court of the Island of Jamaica, for the lives of three 
 persons; which office was in the disposition of the King, and 
 passed by a grant under the Great Seal. And the Court held 
 that a great officer at the head of the Ti-easury, and in the 
 King's confidence, selling his interest with the King in procuring 
 an office, would be guilty of a, crime at common law; that 
 
Attempts to commit Crimes. xoiii 
 
 wherever it is a crime to take, it ia a crime to give ; they are 
 reciprocal. And in many cases, especially in bribery at elections 
 to Parliament, the attempt is a crime ; it is complete on his side 
 who offers it. And so also must an ofEer to bribe a privy 
 councillor to advise the King to grant an ofBce to ^ny person : 
 (See the indictment in this case, 3 Oh. 0. L. 683, which alleged 
 the sending of the letter, &c., but did not in terms allege an 
 attempt to bribe.) 
 
 Where an'indiotment alleged that the defendant, intending to 
 do great bodily harm to R. G. Thomas, and to break the peace, 
 sent to Thomas a scandalous and malicious letter, which charged 
 him with having behaved like a blackguard, with intent to 
 provoke Thomas to challenge the defendant, it was objected that, 
 "although the sending a challenge to flght may, on account of 
 its direct and immediate tendency^ to a breach of the peace, be 
 an indictable offence, yet that a mere endeavour to provoke a 
 person by a letter so to do, such endeavour, not in itself having 
 a direct and immediate tendency to a breach of the peace, 
 nor being alleged to be done with that intent, but having only a 
 tendency to provoke a challenge, and a challenge having only a 
 tendency to a breach of the peace, and not being itself a breach 
 of the peace, was too remotely dangerous to the public peace to 
 be the subject of indictment as a substantive misdemeanor." 
 Bat the Court held that, " although the intended effect may not 
 have been produced, yet the means calculated and likely to 
 produce such an effect have been used. The letter was as much 
 an act done towards the mUdemeanor meant to he accomplished^ 
 namely, a challenge, as it was in Bex v. Vaughan, where the 
 misdemeanor meant to be accomplished by the letter offering to 
 bribe a minister of state, was the inducing such minister 
 corruptly to recommend to an ofHce of public trust: (^Rex t. 
 Philips, 6 East R. W^ 
 
 We will now take the case of Reg. v. Roberts (Dears, 0. 0. 
 539), which requires a careful examination in order to prevent 
 its leading to the supposition that an act done with a criminal 
 intent must be proximate to the offence in order to make it 
 indictable. By the 37 Geo. 3, u. 126, ». 2, any pei-son counter- 
 feiting any coin, not the coin of this realm, but resembling any 
 coin of any foreign prince or state, was mnrlo guilty of folouy. 
 A count stated that the prisoner made two dies, upon one of 
 
xciv Attempts to commit Crimes. 
 
 •which was engraved the figure of one of the sides of a silver 
 half-dollar of the republic of Peru, and upon the other side 
 of which was engraved the figure of the other aide of the said 
 coin, with intent by means of them feloniously to make counter- 
 feit Peruvian half-dollars ; and so the jurors said that the 
 prisoner unlawfully did attempt feloniously to counterfeit 
 Peruvian half dollars. There were several other counts varying 
 the statement as to the acts of the prisoner ; but all alleged 
 that he attempted to counterfeit coin. The prisoner bad caused 
 to be made by a die-sinker the necessary dies for making a 
 counterfeit half-dollar of the republic of Peru; the dies could 
 not alone produce it, a press, copper blanks, galvanic battery, 
 and a preparation of silver being also necessary for that purpose; 
 but the prisoner was not proved to have procured either press, 
 blanks, or preparation of silver. The jury found that he 
 intended to procure the dies and other necessary apparatus 
 in order therewith to coin counterfeit Peruvian half-dollars, and 
 to make a few of them in England to try whether the apparatus 
 would answer before sending it out to Peru, to be there used in 
 making the counterfeit coin ; and upon a case reserved upon the 
 questions, whether the prisoner under these circumstances was 
 guilty of an offence against the laws of this country, and whether 
 any of the counts alleged such offence, it was contended that the 
 acts found did not amount to an attempt to make 'counterfeit 
 foreign coin, and that the acts, although coupled with intent 
 to coin in England, did not amount to an offence. There was 
 no foundation for the proposition that any act dona towards the 
 commission of a felony or misdemeanor is an indictable offence. 
 The act must be immediately connected with the offence. And 
 Reg, V. Eagleton (Dears, C. 0. 515), was cited to show that acts 
 remotely leading to the commission of an offence are not to be 
 considered as attempts to commit it. And the doctrine that an 
 act, coupled with an intent, is indictable was denied, and Hex v. 
 Sutton and Rex v. Heath were said not to be law. But the 
 Court, without hearing the counsel for the Crown, held the 
 conviction right. Jervis, C.J. : " This is not an indictment for 
 an attempt to commit a statutable, offence, as was the case in 
 Reg. V. Williams (1 Den. C. G.^oap, where the charge was an 
 attempt to administer poison. Here there is no direct attempt 
 to coin, but the indictment is founded on a criminal intent, 
 
Attempts to commit Crimes. xcv 
 
 coupled with an act immediately connected with the offence. 
 It is difficult, and perhaps impossible, to lay down a clear and 
 definite rule, to define what is, and what is not, such an act 
 done, in furtherance of a criminal intent, as will constitute an 
 offence.; at all events, I shall not attempt to do so. Many acts, 
 coupled with the intent, would not be sufficient. For instance, if 
 a man intends to commit a murder, and is seen to walk towards 
 the place of the contemplated scene, that would not be enough; 
 but although it is sometimes difficult to say whether a case 
 comes within or ranges without the line, it is not difficult to say 
 that the act done in this case is one which falls within it." 
 Parke, B. : "I quite agree with the law laid down in Beg. v. 
 Eagleton, that an attempt at committing a misdemeanor is not 
 an indictable attempt unless it is an act directly approximating 
 to the commission of an offence, and I think this act is a 
 sufficient approximation." Wightman, J. : " No doubt the act 
 was done with intent to commit a felony, and is sufficient to 
 support such an indictment as the present one. It is an act 
 immediately connected with the commission of the offence ; and 
 in truth the prisoner could have no other object than to commit 
 the offence." Oresswell, J., agreed " that the act done in this 
 case is sufficiently proximate to the offence." Now it seems 
 clear that Jervis, C.J., treated the indictment as simply charging 
 acts done with a criminal intent; but that Parke, B., clearly 
 treated the indictment as charging an attempt to coin ; and the 
 judgments of Wightman, J., and Oresswell, J., are quite consis- 
 tent with that view ; and that is quite in accordance with the 
 indictment. It is very remarkable that the form of the indict- 
 ment was never refered to expressly by any one. It is clear, 
 however, that, in whatever way this decision may be viewed, it 
 merely amounts to a determination that the prisoner was rightly 
 convicted upon the evidence adduced on the trial. No rule as to 
 the proximity of the act to the offence was laid down; on the 
 contrary, the attempt to do so was studiously avoided. There is 
 not even a single ohiter dictum, still less any decision to support 
 the proposition that an act done with a criminal intent must 
 be immediately connected with the intended. offence. On the 
 contrary, all the authorities, as well as the principle and reason 
 on which they are founded, are the other way. The only ques- 
 tions in a case of this kind are, " Did the prisoner intend to 
 
xcvi Attempts to commit Grimes. 
 
 commit, or to cause to be committed, an indictable offence, and 
 did he do an act with that criminal intent?" Proximity to, or 
 remoteness from, the intended offence has nothing at all to do 
 with the latter question. * 
 
 The law of treason may well serve to confirm our views. In 
 speaking of this law Foster says : " It considereth the wicked 
 imaginations of the heart in the same degree of guilt as if 
 carried into actual execution from the moment measures appear to 
 have been taken to render them effectual; and, therefore, if con- 
 spirators meet and consult how to kill the king, though they do 
 not then fall upon any scheme for that purpose, this is an overt 
 act of compassing his death ; and so are all means made use of, 
 be it advice, persuasion, or command, to incite or encourage 
 others to commit the fact, or to join in the attempt, and every 
 person who but assenteth to any overtures for that purpose will 
 be involved in the same guilt:" (Post. 195.) So to provide 
 weapons, powder, or poison to put the king to death is treason 
 (1 Hale, P. 0. 108); in fact, every step taken in order to carry 
 out a treasonable design is an overt act : (Fost. 196 : Somervik's 
 case, 1 And. 104 ; Fost. 202, 203.) Now, these authorities lead 
 to the conclusion that, whatever in treason would amount to an 
 overt act, would in inferior offences be indictable ; for the ground 
 upon which these authorities rest is, that there is an act coupled 
 with a criminal intent; and the only difference between such 
 acts in case of treason and inferior offences is, that the character 
 of the offence would differ, and lead to different punishments. 
 
 There are some authorities in treason which make me pause 
 before I assent to the position that going to a place with intent 
 to commit a murder is not an indictable offence. In Lord 
 Preston's case (i St. Tr. 406), it was objected that no overt act 
 was proved in Middlesex, where all the overt acts were laid, for 
 he was taken with the papers containing a scheme for invading 
 the kingdom in Kent. But the Court told the jury that if they 
 believed that his lordship had an intention of going into Prance 
 and carrying those papers thither for the purposes charged in 
 the indictment, " his taking boat at Surrey stairs, which are in 
 Middlesex, in order to go on board a smack which had been 
 procured to transport him to France, was a suiHcient overt act in 
 Middlesex. Every st^ taken for those pin-poses was an overt act :" 
 (Fost. 196.) Orohagan at Lisbon said, " I will kill the king 
 
Attempts to commit Crimes. xcvii 
 
 (meaning the King of England), if I may come unto him," and 
 he afterwards came into England for the same purpose ; and both 
 Lord Hale (1 Hale, 116) and Foster (Post. 202) agree that the 
 coming into England was an overt act ; and Foster says, " the 
 words could not be so properly deemed an overt act of treasom 
 as an evidence against the man out of his own mouth quo animo 
 he came into England. The traitorous intention, proved by his 
 words, converted an action, innocent in itself, into an overt act 
 of treason:" (CroAajAare's case, Cro. Oar. 332.) If the coming 
 into England with a traitorous intent is an overt act of treason, 
 how can it be otherwise than an indictable offence to go towards 
 a place with intent to commit murder? The locomotion of the 
 body is as much an act in the one case as in the other, and the 
 evil intent is coupled with the act in the one case as much as in 
 the other. No doubt a man may have an intent in his mind to 
 commit au offence, and do an act, which will not be indictable ; 
 c. g., he may go to bed with an intent in his mind to commit a 
 murder the next day. But this is widely different from going 
 towards a place with intent to commit a murder, as this is a step 
 towards committing the crime. 
 
 So in the cases of misdemeanor, where, as in treason, all are 
 principals, it would seem that whatever would make a person a 
 principal, if the misdemeanor were completed, would, if it were 
 not completed, render him guilty of a misdemeanor in doing an 
 act with a criminal intent. Thus, the prisoner, who made an 
 affidavit in order fraudulently to obtain money out of the Court 
 of Chancery, but was absent when the false pretence was 
 made, was held to be a principal in obtaining the money: 
 (iJej. V. Moland, 2 M. C. C. R. 276.) But if the fraud had 
 not succeeded, he might have been indicted for making the 
 affidavit with the criminal intent. 
 
 It would also seem to be clear that whatever would make a 
 man an accessory before the fact, if the felony were committed, 
 would, if it were not committed, make him guilty of a mis- 
 demeanor. In Rex V. Higgins, Grose, J., said : " If a robbery 
 were actually committed, the inciter would be a felon. The 
 incitement, however, Is the offence, though differing in its conse- 
 quences, according as the offence solicited, if it be felony, is com- 
 mitted or not." That is, if the felony be committed, the incitement 
 is felony ; if it be not committed, the incitement is a misdemeanor. 
 / 
 
xcviii Attempts to commit Crimes. 
 
 Foster says ; *' Whoever procureth a felony to be committed, 
 though it be by the intervention of a third person, is an acces- 
 sory before the fact. For what is there in the notion of com- 
 manding, hiring, counselling, aiding, or abetting, which may not 
 be effected by the intervention of »■ third person, without any 
 direct immediate connection between the first mover and the 
 actor ? A. biddeth his servant to hire somebody to murder B., 
 and furnisheth him with money for that purpose ; the servant 
 procureth C, a person whom A. never saw nor heard of, to 
 do it ; is not A., who is manifestly the first mover or contriver 
 of the murder, an accessory before the fact? It would be a 
 reproach to the justice of the kingdom to suppose he is not;'' 
 (Post. 125.) And he cites The Earl of Somerset's case (1 St. Tr. 
 335), where the Lord Chancellor directed the Peers triers, and 
 all the Judges present concurred with him, that the only poin* 
 in issue was whether the earl caused or procured the murder or 
 not; and accordingly the earl was found guilty upon evidence 
 which satisfied his peers that he had contributed to the murder 
 by the intervention of his lady and of Sir J. Elwys and Franklin, 
 who were themselves no more than accessories, without any 
 proof that he had ever conversed with Weston, the only principal 
 in the murder, or had corresponded with him directly by letter 
 or message: (Fost. 126.) In this case, if the murder had not 
 been committed, all who incited Weston would have been guilty 
 of an indictable offence by doing acts with a felonious intent. 
 
 We may next consider attempts to commit offences. 
 
 What is an attempt to commit an offence ? This is a question 
 very much easier to ask than to answer; and as far as I am 
 competent to judge, no general rule can be laid down upon the 
 subject, but each aase must depend upon its own particular 
 circumstances. As the means by which, and the modes in 
 which, crimes may be committed are innumerable, so the modes 
 in which attempts to commit crimes may be made must be 
 innumerable also ; and not only so, but the nature of one attempt 
 to commit a crime may totally vary from the nature of another 
 attempt to commit the same crime. Thus, o, murder may be 
 committed by a single stab, and so an attempt to murder may be 
 made by a single stab ; whilst, on the other hand, a murder may 
 be committed by administering small doses of poison at intervals 
 daring a considerable space of time, in such a manner that the 
 
Attempts to commit Crimes. xcix 
 
 death ia the result of the combined effect of all the poisoninga, 
 and would not have been oauaed by one or even the greater part 
 of them. In such a case, if death had not ensued, although the 
 poisoner might well be convicted of an administration of poieon 
 with intent to murder by proof even of one administration of 
 poison, yet a single administration could not, perhaps, be con- 
 sidered a proof of an attempt to murder, both because the 
 murder was not intended to be committed by it, and because 
 it could not he committed by it. These supposed cases may 
 serve to show under what varied circumstances attempts to 
 commit offences may have to be considered, and yet these cases 
 are confined to acts which would have actually been the means 
 of committing the crime, if it had been effected. It seems, how- 
 ever, to he clear that wherever the act or acts done are such 
 that, if they had produced their intended effect, the crime would 
 have bean completed, an attempt to commit that crime is proved ; 
 and, consequently, upon every charge of an attempt to commit 
 an offence, the primary consideration would seem to be, whether 
 the acts done by the prisoner could have effected the crime 
 intended. 
 
 It is quite obvious, however, that attempts to commit crimes 
 cannot be hmited to such attempts as have just been mentioned ; 
 but that acts uot necessarily forming the means, or even part of 
 the means, of effecting the crime may, in some cases, suffice to 
 prove an attempt to commit the crime, and the great difficulty 
 is to determine where the line is to be drawn. 
 
 No assistance can be obtained from the dictionaries as to the 
 meaning of the term " attempt," for the explanation that " to 
 attempt " is "to try or to endeavour," is idem per idem, and helps 
 not at all, and the better course will be to review the cases which 
 have been decided, and see how far they may help us towards a 
 description of what constitutes an attempt ; or, if they fail to 
 furnish such a description, how far they may serve as guides in 
 any case that may arise. "*j' 
 
 By both sect. 3 and sect. 4 of the 1 Vict. a. 85, " whosoeveiii', 
 shall, by drawing a trigger, or in any other manner, attempt to 
 discharge any kind of loaded arms at any person, 'with any of 
 the intents therein specified, waa made guilty of felony. On an 
 indictment, which contained counts on both these sections, 
 it appeared that the prisoner either half or full cocked a pistol, 
 
 /2 
 
Attempts to commit Crimes. 
 
 and pointed the muzzle at the proaecntor, and the finger of his 
 right hand was on the trigger, but a bystander prevented the 
 trigger from going back. Parke, B. ; " The charge of felony 
 cannot be supported, as it is not proved that the prisoner drew 
 the trigger. The words ' in any other manner ' in the statute 
 mean something analogous to drawing the trigger, which is the 
 proximate cause of a loaded arm going off. Suppose, for 
 instance, you had a match lock, and put a match to it, and the 
 gun did not go off ; that would be a case within the act." And 
 again : " The object of the act was to punish proximate 
 attempts ; that is, those attempts which immediately lead to the 
 discharge of loaded arms. Therefore, if a person drew the 
 trigger, and the gun was loaded, the offence would be complete, 
 though the gun did not go off, and though (the cook) did not 
 happen to strike the percussion cap." . . - . " And so since the 
 newly invented fire-arms, if a man with a hammer were to strike 
 the cap, that would be felony under this act:" (Reg. v. St. George, 
 9 C. & P. 483.) This decision may, perhaps, be supported upon 
 the ground that, as the statute had made the "drawing u, 
 trigger " an attempt in express terms, it must be taken to 
 exclude an attempt to draw a trigger, otherwise an attempt to 
 make an attempt would be within the act. I am well aware 
 that Lord Wensleydale was, at a time later than this decision, 
 of opinion that if a statute specified, as this does, one particular, 
 and then added general words, the general words must be limited 
 to things ejusdem generis with the single particular so specified. 
 Now it is clearly settled by a multitude of cases, of which 
 Sandiman v. Breach (7 B. & 0. 96), may be considered as the 
 leading one, that where a statute uses several words efusdem 
 generis, and then adds general words to them, these general words 
 are to be limited to persons or things ^'usdem generis with the 
 persons or things previously specified ; and the reason is that the 
 specification of sundry persons or things efusdem generis shows 
 that the Legislature was providing for that particular class 
 alone. Now this rule and the reason on which it rests are 
 directly in the teeth of inferring from the mention of one thing 
 that general words added to it must be limited to things ejusdem 
 generis. It is very true that there were several decisions upon 
 the words of the 9 Geo. 4, c. 31, s. 14, " secret burying or other- 
 wise disposing of the dead body " of a <:hild, which would tend to 
 
Attempts to commit Crimes. ci 
 
 support Lord Wensleydale's opinion, but these decisions were all 
 overruled by Reg. v. Goldthorpe (2 M. 0. C. 244), where it was 
 held that any concealment of the body, whether intended to be 
 final or temporary, was within the act : (^Beg. v. Famham, 1 Oox 
 Orim. Cas. 349, per Parke, B.) And in Salkeld v. Johnson 
 (1 Hall & Twells, 329), where the question turned upon the 
 construction of the 2 & 3 Will, i, o. 100, s. 1, which speaks of 
 " any exemption from or discharge of tithes by composition real 
 or oiherwise^^^ Lord Gottenbam held that the words "by composi- 
 tion real or otherwise " were " tantamount to an enumeration of 
 every possible ground of discharge." And this ruling is quite in 
 accordance with the common usage of such expressions. If 
 we talk of sending a letter " by post or otherwise," every mode 
 by which a letter may be sent is plainly included. The proper 
 construction, therefore, of the words, "by drawing a trigger 
 or in any other manner," which are repeated in the 24 & 25 
 Vict. u. 100, ss. 14, 18, seems to be that they include any means 
 whatever by which an attempt to discharge loaded arms can be 
 made. 
 
 Where on a similar indictment the prisoner said to the 
 prosecutor, "Tou are a dead man," took out a blunderbuss from 
 kis coat, and the muzzle of it was towards the side of the room 
 where the prosecutor was ; but it was not pointed at him, and 
 not up to the shoulder, but as low as a person could hold it, and 
 whatever the prisoner's intention was it was prevented by a 
 bystander laying hold of him ; it was held that an attempt to 
 discharge the blunderbuss was not proved ; there must be 
 something more than the mere presenting of the blunderbuss, 
 some act must be shown to have been done by the prisoner 
 to satisfy the jury that he did in fact attempt to discharge 
 the blunderbuss : (^Meg. v. Lewis, 9 0. & P. 523.) This ruling 
 entirely accords with what we have contended to be the right 
 construction of the act. 
 
 On an indictment for attempting to administer poison, it 
 appeared that the prisoner had put some salts of sorrel in a sugar 
 basin, in order that the prosecutor might take it with his tea, 
 and the prosecutor and his wife took some of it with their tea, 
 and discovered that something was wrong, and this led to a 
 discovery of the poison ; Wightman, J., held that if the prisoner 
 pat the poison in the sugar intending that it should be taken) 
 
cii Attempts to commit Crimes. 
 
 that was an atti^mpt to administer it : (,Iieg. v. Dale, 6 Oox 
 Orim. Gas. 14.) The taking of the tea into the mouth by the 
 prosecutor in this case was just the same in point of law as if the 
 prisoner had poured it into Jihe proaeoutor's mouth. 
 
 Where a count charged that the prisoner falsely pretended to 
 W. 0. Nutman, a relieving officer, that he, the prisoner, had 
 supplied certain loaves of bread to a pauper of a certain weight, 
 which they were not, by means whereof the prisoner had 
 attempted to obtain a sum of money from the guardians of the 
 poor, and it appeared that the prisoner had coatracted to supply 
 the poor with loaves of bread of three and a half pounds each, at 
 seven pence per loaf, but had in fact delivered to sundry paupers 
 loaves which he knew to be deficient in weight ; and the practice 
 was for the relieving officer to give the paupers tickets specifying 
 how much bread they were to receive, and they took these 
 tickets to the prisoner, who ought have delivered the bread 
 mentioned in them to the paupers, and in the ensuing week he 
 returned the tickets to the relieving officer, aiid was thereupon 
 credited in the account with the guardians with the weight of 
 bread mentioned in the tickets, and the money would be paid to 
 the prisoner at the time mentioned in the contract ; and the 
 prisoner had so delivered the tickets to the relieving officer, and 
 obtained credit in the account for the amount of the number of 
 pounds falsely represented to have been delivered : it was held, 
 first, that the returning the tickets by the defendant was a 
 representation by him that he had delivered a certain number of 
 loaves of a certain weight j and, secondly, that he had been 
 guilty of an attempt to obtain the money — ^Parke, B., saying: 
 " We have had great doubt whether the obtiining credit in 
 the account, though undoubtedly a necessary step towards 
 obtaining the money, can be deemed an attempt to do so. The 
 mere intention to commit a miademe.iaor is not criminal. Some 
 act is required, and we do not think that all acts towards commit- 
 ting a misdemeanor are indictable " (i.e., as attempts).* " Acts 
 remotely leading towards the commission of the offence are not 
 to be considered as attempts to commit it, but acts immediately 
 connected with it are ; and if in this case after the credit with 
 
 • The context shows this must be the meaning, especially as the only 
 question was whether the prisoner had been guilty of an attempt 
 
Attempts to commit Crimes. ciii 
 
 the relieving oflSoer for the fraudulent overcharge, any further 
 sty) on the part of the prisoner had been necessary to obtain pay- 
 ment, as the making out a further account, or producing the 
 vouchers to the board, we should have thought that the obtaining 
 credit in account with the relieving officer would not have been 
 sufficiently proximate to the obtaining of the money. But on 
 the statement in this case no other act on the part of the prisoner 
 would have been required. It was the last act, depending on him- 
 self, towards the payment of the money, and therefore it ought 
 to be considered as an attempt :"(iJej. v. Eaghton, Dears. C. 0. 
 376, 515.) 
 
 This case is open to several observations. The indictment 
 alleged the false pretences as the attempt, and did not mention 
 the obtaining credit at all, the judgment proceeds upon the latter 
 only. Now, it does not appear that the prisoner was present 
 when the entry was made by the relieving officer, but rather the 
 contrary ; in either case, however, he was the innocent agent of 
 the prisoner, and here arises a difficulty. Though not stated, it 
 is clearly to be inferred from the case, that the book in which this 
 credit in account was entered, would, in the regular course, have 
 been produced to the guardians by the relieving officer, and that 
 thereupon they would have authorised or made the payment, and 
 there can be no doubt that the prisoner delivered the tickets 
 to the relieving officer in order that this course might be 
 pursued j the relieving officer, therefore, would be the prisoner's 
 innocent agent in producing the account to the guardians, and 
 the case would, on the supposition that he had so produced it, be 
 just the same as if the prisoner had entered the account and 
 produced it himself to the guardians. But the case itself was 
 just the same as if the prisoner had entered the account in the 
 book intending to produce it to the guardians, and the fraud had 
 been discovered before he did so. And here it may be well to 
 mention a case which may materially assist us in considering 
 this state of things. 
 
 In Rex V. Brisac (4 East R. 163) the prisoners were indicted 
 in Middlesex for conspiring to cheat the Grown by fabricating 
 false vouchers of payments for provisions, and sending them to 
 the commissioners for victualling the navy. All the acts in 
 which the prisoners took part were done on the high seas, at 
 Brassa Sound, or in Shetland ; but a bill of exchange, and, as far 
 
civ Attempts to commit Crimss. 
 
 as can be inferred from the report, the vouchers also, had been 
 sent by the post to the commissioners, and delivered to them in 
 Middlesex ; at all events, all of them had been delivered to them 
 by innocent agents. It was held that the trial was well had in 
 middleses, for " the delivering the vouchers and the presenting 
 the bill of exchange to the commissioners in Middlesex were the 
 acts of both the prisoners ; " " for the persons who innocently 
 delivered the vouchers were mere instruments in their hands for 
 that purpose ; the crime of presenting these vouchers was ex- 
 clusively their own." Now, it seems clear that in that case the 
 presentation of the vouchers, and not the putting them in the 
 post, would be the attempt; and so it would seem that in this 
 case the presentation of the book, and not the making the 
 pretences to the relieving officer, or the entry in the accounts, 
 would be the attempt. 
 
 The fallacy in the judgment seems to lie in the assumption 
 that no further step on the part of the prisoner would have been 
 necessary to obtain payment. That, no doubt, is correct as to 
 any personal act; but the point is, that other steps on his 
 behalf were necessary to be taken by an innocent agent ; and here 
 let it be observed that anyone who does any act, whether inten- 
 tionally or not, which tends to further the design of a criminal, 
 is that criminal's agent, and not only the agent of the person 
 intended to be injured, but even the person intended to be 
 injured, may be the prisoner's innocent agent. K a man set a, 
 spring gun intending that it may be let off by a person passing 
 the place where it is set, and that person lets it off, he is the 
 prisoner's innocent agent in so doing. Assuming, therefore, that 
 the relieving officer was the agent of the guardians, C. might 
 also be the agent of the prisoner in presenting the book, which 
 was necessary in order to enable the prisoner to obtain the 
 money, and clearly for his benefit alone. Reg. v. Garrett 
 (Dears. 0. 0. 232) seems to be the converse of this case upon 
 this point. There, the prisoner having obtained a circular letter 
 of credit on the Union Bank for 210Z., altered it to 5210?., and 
 obtained several sums at St. Petersburg on drafts on the Union 
 Bank from Messrs. Wilson, whose London house afterwards 
 presented one of these drafts to the Union Bank, but payment 
 was refused, as the fraud had been discovered. It was held that 
 the London house were not the agents of the prisoner in pre- 
 
Attempts to commit Crimes. ov 
 
 senting the draft. Coleridge, J. (assuming the question to be 
 whether, if the money had been obtained from the Union Bank, 
 the case would have been within the act), said, " It is quite clear 
 it cannot be said the defendant actually obtained the money 
 himself, nor do I think he obtained it by means of any agent. 
 The obtaining must be either by the party's desire or intention, or 
 far his benefit; but there is no foundation for saying that the 
 money would have been obtained in this case either in one of 
 these ways or the other." Piatt, B. : " It cannot be said that a 
 party who presents a cheque for his own benefit is the agent of 
 another who receives no benefit whatever." 
 
 If, however, the presentation by the London house had been 
 in order to obtain the money for the prisoner, there can be no 
 doubt that it would have been held that he had been guilty of 
 an attempt to obtain the money, on the ground that the presen- 
 tation by the London house was made by the innocent agents of 
 the prisoner. 
 
 In all cases where an innocent agent does anything in further- 
 ance of the design of a guilty person, the acts of the former are, 
 in point of law, the acts of the latter. If, for instance, an offender 
 send an innocent agent to make a false pretence, and he makes 
 it, it is just the same as if the offender had made the false 
 pretence himself : (^Reg. v. Butcher, Bell C. 0. 6.) In consider- 
 ing, therefore, what is an attempt where acts are done by an 
 innocent agent, those acts must be looked at as if they were 
 done by the offender himself. And it is to be observed that, 
 where an act is done by an innocent agent, this act is to be con- 
 sidered as the act of all the guilty parties, though the innocent 
 agent may have been employed by one of them in the absence of 
 the rest, and consequently the rule as to principal and accessory 
 is inapplicable to such a, case : (iJejr. v. Bull, 1 Cox Crim. Gas. 
 281.) Both in treason and misdemeanor all who are engaged 
 in the crime are principals, the act of each in accordance 
 with the common purpose being considered as the act of all. 
 But in felony (except where the parties are in company at the 
 time) the act of one is not considered as the act of the rest; in 
 other words, the person who does an act in such a case " is not 
 the agent of anyone:" (Per Alderson, B., Reg. v. Bull) The 
 last reported Crown case may well be mentioned here. A watch 
 was stolen at Liverpool, and Rogers forwarded by railway from 
 /3 
 
on Attempts to commit Crimes. 
 
 Liverpool a box containing the watch to Byatt, and the box was 
 delivered in due course to Byatt, in Middlesex ; and it was held 
 that the constructive possession of Bogers by the railway com- 
 pany in Middlesex was, for criminal as well as civil purposes, 
 equivalent to actual possession by him, and that (as a thief is 
 guilty of larceny in every county into which he asports the 
 goods) Rogers was properly convicted of stealing the watch, at 
 the Middlesex Sessions : (ifcy. v. Bogers, 18 L. T. Bep. N. S. 
 414.) 
 
 Where a person supplied meat under a contract to a camp, 
 and the coarse was to send meat to the quartermaster sergeants 
 at the camp, who had their own weights and scales, with which 
 the proper quantity of meat for each mess was weighed by the 
 quartermaster sergeant and a servant of the contractor; and 
 the prisoner, a servant of the contractor, and a quartermaster 
 sergeant on one occasion weighed out the meat, the prisoner 
 putting the weights into the scale, it was discovered- that a 
 false 141b. weight had been substituted for the 141b. weight of 
 the quartermaster sergeant, which was concealed under a bench ; 
 and the false weight had been used in weighing thirty-four 
 messes ; by means of which they were 451b. less in weight than 
 they had appeared to be when first weighed, and the prisoner 
 absconded before any of the surplus meat was removed, as it 
 would have been after all the messes had been supplied ; it was 
 objected that there was no overt act so proximately connected 
 with the felony intended to have been committed, as to warrant 
 a conviction on a count which charged an attempt to steal ; but 
 it was held that there was, Erie, G.J., saying, '; In my opinion 
 there were several overt acts, which brought the attempt close 
 to completion. There were the preparation of the false weight, 
 the placing it in the scale, and the keeping back the surplus 
 meat. It is almost the same as if the prisoner had been sent 
 with two articles, and had delivered one of them as if it had been 
 two. To complete the crime of larceny there only needed one 
 thing, the beginning to move away with the property. The 
 meat was in the prisoner's custody and under his control. He 
 had almost the manual comprehension of it, and had all but 
 begun the asportation :" (Beg. v. Cheesimn, L. & 0. 140.) It is 
 to be observed that all the messes had been weighed before the 
 examination took place; the meat, therefore, which had been 
 
Attempts to commit Crimes. cvii 
 
 weighed had been separated from the rest, and the jury found 
 that the prisoner intended to steal the difference between the just 
 surplus of about 151b. ; for which he would have to account to 
 his master, and the apparent surplus meat of about 601b. actually 
 remaining after the false weighing. And this is the true view of 
 the case ; for, though in every one of the thirty-four messes there 
 was a false weighing, and consequently a delivery of too little 
 meat, yet it ia obvious that the intention was not to steal the 
 false surplus of each weighing, but by means of all the false 
 surpluses to cause the aggregate false surplus at the end of all 
 the weighings, and then, perhaps, to steal that surplus. And as 
 the prisoner caused each false weighing, he was guilty of thirty- 
 four overt acts, every one of which contributed to cause 
 the false surplus at the end of all the weighings. This view 
 strengthens the judgment of the Court; but there is another 
 point, which was overlooked. The prisoner dSJ not intend to 
 steal all the surplus 601b., and until he had actually separated 
 what he did intend to steal from what he intended to devote to 
 his master's use, it was uncertain what particular meat he did 
 intend to steal. At all events, as long as that separation had not 
 been made, both the property and the possession of the whole 
 remained in the master : (Eeg. v. Roberts, 3 Cox 0. 0. 74 ; 
 Bex V. Butteris, 6 C. & P. 147.) It was an error, therefore, 
 to hold that " to complete the crime of larceny there only 
 needed one thing, the beginning to move away with the pro- 
 perty." Suppose the whole 601b. weight had been all in one 
 piepe, it is clear the 451b. must have been separated before the 
 larceny of that part could have been committed ; and the cases 
 above cited show that there must have been a separation of the 
 pieces intended to be stolen, even if the surplus 601b. consisted 
 of several pieces — in other words, the servant must have done 
 some act whereby the master's possession was put an end to and 
 a trespass committed. The decision, however, may perhaps be 
 supported on the ground that what the prisoijer did was the 
 commencement and part of the very means by which the larceny 
 might be effected; and in this case Blackburn, J., said: " There 
 is a difference between the preparation antecedent to an offence 
 and the actual attempt. But if the actual transaction was com- 
 menced, which would have ended in the crime, if not inter- 
 rupted, there is clearly an attempt to commit the crime." The 
 
cviii Attempts to commit Crimes. 
 
 doabt is, whether what the prisoner did was not rather the 
 obtaining the means by which he might be enabled afterwards 
 both to attempt and commit the larceny. If a man broke into a 
 barn with intent to steal, would he be guilty of an attempt to 
 steal the corn in it ? No doubt the prisoner might have been 
 convicted of doing the acts with a felonious intent, or of attempt- 
 ing to defraud by false pretences as to the weight, upon an 
 indictment properly framed to meet either of those views of the 
 case. 
 
 A number of oases may now be adverted to, in which it has 
 been questioned whether in case there be an impossibility to 
 commit a crime, a person can be guilty of an attempt to commit 
 it, or of doing acts with intent to commit it. The first cases we 
 shall mention are those where the question arose as to such 
 attempts. 
 
 The prisoner was indicted for breaking into the house of M. F., 
 and stealing therein certain specified articles. These things had 
 been previously stolen from the house, but there were other 
 things in the house, and the jury found that the prisoner 
 attempted to steal the goods then in the house. But it was held 
 that the prisoner could only be convicted, under the 14 & 15 
 Vict. u. 100, a. 9, of an attempt to commit the " felony charged " 
 in the indictment, and not of an attempt to commit a. felony 
 different from that charged : (-Rej. v. M'Pherson, D. & B. 197.) 
 It was well said by Orowder, J., " When yoa charge an attempt 
 to steal certain articles in a dwelling-house, you must prove that 
 some one of those articles was there." 
 
 Where an indictment alleged that the prisoners did attempt to 
 commit a certain felony, viz., that they put their hands into the 
 gown pocket of a woman with intent the prcperty of the said 
 woman in the said gown pocket then being to steal, &e., but the 
 woman was not examined, and no proof was given that there 
 was any property in the woman's pocket ; it was held that the 
 prisoners had been wrongly convicted; but upon the special 
 ground that the question "asked seemed to be whether an 
 attempt at larceny can be committed by a person putting his 
 hand into another person's pocket for the purpose of committing 
 a larceny, there being at the time nothing in the pocket." And 
 the Court were " of opinion that, assuming the fact to be that 
 there was nothing in the pocket of the woman, the offence could 
 
Attempts to commit Crimes. cix 
 
 not have been committed " (per Oookburn, C. J.). But the Court 
 thought that the question whether there was anything in the 
 pocket might have been left to the jury, and Bramwell, B., seems 
 to have thought that the prisoner famished evidence against 
 himself by putting his hand into the pocket : (Jleg. v. Collins, 
 L. & 0. 471.) There can be no doubt that this and the 
 preceding decision were right upon the grounds that the 
 indictment in the former alleged the goods to be in the house, 
 which was disproved, and in the latter to be in the pocket, which 
 was not proved. 
 
 The following cases are those in which a similar question has 
 
 arisen where the acts were alleged to have been done with intent 
 
 to commit a crime. Some of these cases, however, would clearly 
 
 amount to attempts to commit crimes ; but they were not 
 
 charged in the indictment. In Rex T. Lyons (2 East P. C. 
 
 u. XV., s. 12, p. 497), the prisoners were indicted for burglary, 
 
 with intent to steal, &c., and the Judges held that it was not a 
 
 mansion-house, aa it had never been inhabited ; " they were also 
 
 of opinion that it was not burglary upon this indictment ; for 
 
 there were no goods in the house ; and the indictment charging 
 
 the intent to steal must be to steal the goods then and there 
 
 being, and where nothing was in the house nothing could be 
 
 stolen." This report is taken by East from Or. Gas. Res. MS. 
 
 and MS. Gould and BuUer, JJ. In the report of this case 
 
 in 1 Leach, 185, it is stated that the prosecutor " had moved 
 
 some of his effects, to the value of about 10/., into the house." 
 
 In consequence of this difference in these reports, I have 
 
 searched the Old Bailey Sessions Papers, a dopy of which is in 
 
 Lincoln's-inn library, and in those for 1778, p. 83, No. 193, this 
 
 case is given, and the prosecutor did state that " some effects to 
 
 the value of 10/.," had been put in the house. The print ends 
 
 by stating that " the judgment was respited," and there is the 
 
 following MS. note : " And afterwards arrested upon the ground 
 
 that a house, newly purchased and under repair, and not 
 
 inhabited by the owner, who had never taken possession of it so 
 
 as to live or sleep in it, or to have any other person belonging to 
 
 him inhabiting or sleeping therein, was not a dwelling-house so 
 
 aa that burglary could be committed in it." This MS. note 
 
 gives the ground of the decision so much fuller than either East 
 
 or Leach that it cannot have been taken from them, and it may 
 
ox Attempts to commit Crimes. 
 
 be a note of the judgment delivered at the Old Bailey. It and 
 the statement of the prosecutor quite support the report in 
 Leach j but they scarcely suffice to negative East's report. The 
 note states what East says was held, which was quite sufficient 
 for the decision of the case. But it may well be that the Judges 
 were also of the opinion stated by Eaot, which may have arisen 
 from the case submitted to them omitting any mention of the 
 effects. 
 
 A youth under the age of fourteen cannot be guilty of rape on 
 the ground of presumed impoteucy; and in Rex v. Eldershaw 
 (3 0. & P. 396) Vaughan, B., held that such a youth could not be 
 guilty of an assault with intent to commit a rape, saying " from 
 his age the law concludes that it is impossible for him to complete 
 the offence, and that, in my judgment, must be held to negative 
 the intent " to commit a rape. And Patteson, J., in Beg. v. Phillips 
 (8 0. & P. 736), held that such a boy "could not, in point of law, 
 be guilty of the offence of an assault with intent to commit a 
 rape." In both these cases the indictments alleged an assault 
 with intent, and not an attempt, to commit a rape. 
 
 The 43 Geo. 3, c. 58, s. 1, made it a. capital felony to admi- 
 nister any poison, &c., with intent thereby to cause " the mis- 
 carriage of any woman being then quick with child ;" and sect. 2 
 made it felony with a lesser punishment to administer any 
 poison, &c., with intent thereby to cause the miscarriage of "any 
 woman not being, or not being proved to be, quick with child at 
 the time." The prisoner was charged in one count with adminis- 
 tering savin to S. 0. " being with child," and in another with 
 a similar administration, but without the words " being with 
 child." It appeared that she never had been pregnant ; and 
 it was held that " the statute did not apply where it appeared 
 negatively that the woman was not with child: " (JRex v. Saidder, 
 E. & M. 0. 0. R. 216.) The 1 Viet. c. 85, ». 6, had only the 
 words " with intent to procure the miscarriage of any woman," 
 and all the words as to the woman being quick with child were 
 omitted. But it appeared to me, when I edited Russell in 1843, 
 that this omission had not altered the law as decided by Rex v. 
 Scudder, as the 1 Vict, had done away with the dislinction as to 
 the punishment where the woman was quick with child and 
 where she was not, which was quite sufficient to acooiint for the 
 omission in question. However, in Reg. v. Goodall (or Good- 
 
Attempts to commit Crimes. cxi 
 
 child) (1 Den. 0. 0. 187; 2 0. & K. 293) the Judge8;held that on 
 an indictment upon the 1 Viot. c. 85 for using an instrument 
 with intent to procure the miscarriage of a woman, the fact of 
 the woman not being pregnant was immaterial. This case, 
 therefore, is a direct authority that a man may be convicted of 
 an intent to do that which it was impossible to do. This case 
 was not argued, and no previous authority was refen-ed to in it, 
 except Rex v. Scudder. 
 
 In the subsequent case of Meg. v. Tylney (1 Den. 0. 0. 319), 
 one count charged a forgery with intent to defraud the heir-at- 
 law of W. T., and another charged the forgery with intent to 
 defraud certain persona whose names were unknown. Colt- 
 man, J., thought that, as there was no proof of there having 
 been any heir-at-law of W. T., except one of the prisoners, the 
 first count was not proved ; but as the forgery was clearly 
 proved, and it appeared highly improbable that such a forgery 
 should be committed without an intent to defraud some one, the 
 case was left to the jury on the other count, and they convicted; 
 and the Judges were evenly divided on the question whether, 
 in the absence of evidence of the existence of some person whom 
 the prisoner could have defrauded by a forged will, a count for 
 forgery with intent to defraud some person unknown could be 
 supported. In Reg. v. Nash (^2 Den. 0. 0. 493) the question was 
 again discussed ; but the case seems to have been decided on 
 another gi-ound. Maule, J., however, said: " The Recorder 
 seems to have thought that, in order to prove an intent to 
 defraud, there should have been some person defrauded, or who 
 might possibly have been defrauded. But I do not think that 
 at all necessary. A man may have an intent to defraud, and yet 
 there may not be any person who could be defrauded by his act. 
 Suppose a person with a good account at his bankers', and a 
 friend, with his knowledge, forges his name to a cheque either 
 to try his credit, or to imitate his handwriting, there would be 
 no intent to defraud, though there would be parties who might 
 be defrauded ; but where another person has no account at his 
 bankers', but a man supposes that he has, and on that supposition 
 forges his name, there would be an intent to defraud in that case, 
 although no person could be defrauded :" (p. 499.) Alderson, B., 
 seeme to have agreed with Maule, J. (p. 501), and Lord Camp- 
 bell, C.J., Oresswell and Erie, JJ., did not express any dissent, 
 
cxii Attempts to commit Crimes. 
 
 although Cresswell, J., had previously, in Reg. v. Marcus 
 (2 C. & K. 358), held that " there must at all events be a 
 possibility of some poison being defrauded by the forgery." 
 
 With all deference I must be pardoned for doubting the latter 
 part of the dictum of Manle, J. Where a cheque on a banker is 
 forged, any one to whom the cheque is passed may be defrauded 
 by it, although the banker has no funds, and this is the common 
 case. It is difficult, too, to suppose any forgery, of which, at the 
 time of the forgery, it can be correctly affirmed that no one 'can 
 be defrauded by it. Every forged negotiable instrument may be 
 passed to ignorant persons, and.9ven non-negotiable instruments, 
 e. g., deeds or wills, may be used to raise money upon them from 
 ignorant persons. 
 
 In Seg. v. M'Pherson (D. & B. 197) the prisoner was indicted 
 -for breaking into a house and stealing certain specified goods, 
 which had, in fact, been taken out of the house previously, and 
 it was held that he could not be convicted of the attempt to 
 : commit the " felony charged." But Cockburn, 0. J., twice drew 
 the distinction between attempting to commit an offence, and 
 intending to commit it. And Coleridge, J.j said, " When the 
 prisoner broke into the house, he might have intended to steal 
 the goods mentioned in the indictment; but you must not 
 confound attempt with intent." And in Reg. v. Collins (L. & C. 
 471), where it was held that the prisoner could not be convicted, 
 on an indictment charging an attempt to steal the property 
 " then being " in a gown pocket, there being at the time nothing 
 in the pocket, a like distinction seems to have been drawn. 
 
 Such are the authorities, as far as we are aware, which bear 
 upon this question, and it would seem that the preponderance of 
 them is in favour of the position that a man may be convicted of 
 doing an act with intent to commit a crime, although it be impos- 
 sible to commit such crime ; but that a man cannot be convicted 
 of an attempt to commit a crime unless the attempt might have 
 succeeded. 
 
 It seems, however, to deserve further consideration whether 
 the distinction apparently taken between an attempt and an 
 intent to commit a crime in cases where the crime intended 
 could not in fact be committed, can be supported. What is an 
 attempt? Is it not an act or acts done with intent to commit a 
 crime ? The forms of indictment for attempts to commit crimes 
 
Attempts to commit Crimes. cxiii 
 
 in many cases do not allege an attempt at all, but allege the acts 
 to have been done with intent to commit the crime, and many 
 statutes make acta done with intent to commit crimes punishable, 
 which are clearly attempts to commit those crimes. No doubt a 
 distinction may be drawn between acts done with intent to 
 commit crimes, and attempts to commit crimes, viz., every 
 attempt to commit a crime includes an act done with intent to 
 con^piit that crime ; but an act may be done with such an intent 
 which is not an attempt ; in fact, attempts to commit crimes 
 are only a part of acts done with intent to commit crimes. If, 
 then, an intent to commit a crime may exist, though it is 
 impossible to commit the crime, why may not an attempt to 
 commit a crime also exist in like manner ? We speak commonly 
 of attempts to do things, which are either absolutely impossible, 
 or impossible to those who make the attempt : 
 
 Hie BitUB est Phaeton, cnrr&a anriga patemi, 
 Qaem si non tenult, magnis tamen excidit ausis. 
 
 Meg. V. M'Pherson and Heg. v. Collins do not decide the point ; 
 for in both those cases >• material averment in the indictment 
 was not proved, and It is but reasonable that any expressions 
 of the learned Judges, which may be wider than were necessary 
 for the decision in either of those cases, should be limited to the 
 points really decided, viz., that the particular attempts were 
 erroneously described. But suppose that the indictment had 
 omitted the averment which was not proved, and the allegation 
 of an attempt, and bad simply averred that the prisoners did the 
 acts with intent to steal the goods and chattels, neither describing 
 them nor alleging where they were, such indictments would clearly 
 have been good, and would not such indictments have alleged 
 attempts to steal? and would not the evidence have proved them? 
 If so, does not this prove that the supposed distinction between 
 attempts and acts done with a criminal intent cannot be sup- 
 ported? Perhaps the strongest way to put the point is this: 
 Suppose an indictment contained two counts, one charging an 
 attempt to commit a crime and another charging acts done with 
 intent, to commit the same crime in such terms as clearly to 
 amount to an attempt to commit the crime ; and that it appeared 
 that the prisoner did the acts with intent to commit the crime, 
 but that it was impossible to commit it ; then, according to the 
 
cxiv Attempts to commit Crimes. 
 
 authorities, he mast be acquitted on the first count charging the 
 attempt, and yet, according to the prevailing opinion, he might 
 be convicted upon the second count, though, in point of law, it 
 was precisely the same as the first count. 
 
 In jReg. v. CoUins, Cockburu, 0. J., said, " the prisoner had a 
 double purpose, first, to ascertain whether there was anything in 
 the pocket ; secondly, to take it if there was ; " and no doubt this 
 is a perfectly correct view where a thief puts his hand in a 
 pocket ; but still he would be liable to be convicted of putting 
 his hand into the pocket with intent to steal. It is just like the 
 case where, on an indictment for shooting at a person with intent 
 to do grievous bodily harm, the jury found that the prisoner's 
 motive was to prevent his lawful apprehension, but that, in 
 order to effect that purpose, he also intended to do grievous 
 bodily harm ; and the judges held that, if both intents existed, 
 it was immaterial which was the principal and which the subor- 
 dinate one : (Rex v. Gillow, R. & M. 0. 0. R. 85.) 
 
 I will now point out the proper mode of framing indictments 
 in the cases to which this paper relates. Where the attempt to 
 commit a felony is itself a felony, the indictment can, of course, 
 only charge the attempt. If, therefore, there be any fair doubt 
 whether the facts amount to an attempt, the proper course is to 
 prefer a second indictment for a misdemeanor in doing the acts 
 with a criminal intent. Heg. v. Williams (1 Den. 0. 0. 39 and 
 Dears. 0. C. 547) is a good precedent for that course. There the 
 prisoner was acquitted on an indictment for attempting to 
 administer poison by sending a guilty agent to administer it ; 
 but afterwards convicted on an indictment for the misdemeanor 
 of doing those things unlawfully with the criminal intent. 
 
 But where the attempt to commit an offence is a misdemeanor, 
 and there is any doubt as to the facts proving the attempt, the 
 proper course is to add one or more counts alleging the acts to 
 have been done with the criminal intent, and not to charge an 
 attempt in those counts. By this course, if the proof of the 
 attempt fail, the prisoner may still be convicted on the other 
 counts. 
 
 As to the frame of the latter counts, they should always 
 allege the acts to have been done " unlawfully," and should add 
 such other adverbs as are appropriate to the particular ease, 
 whether they be •' wilfully," " maliciously," " corruptly," 
 
Attempts to commit Crimes. exv 
 
 "fraudulently," or other. The criminal intent should also 
 be carefully stated in its proper legal terms. In many cases the 
 intent to commit the intended offence may well be laid and 
 proved. But there are oases in which doubts as to this may 
 arise. Suppose, for instance, that although the prisoner may 
 intend to commit the offence, and have done some act with that 
 intent, yet it is impossible he could commit the offence, the 
 question arises how is an indictment to be framed in such a case. 
 It is obvious that care must be taken not to state any fact which 
 cannot be proved. For instance, if the charge be one of putting 
 the hand into a pocket, the intent must not be laid to steal the 
 moneys " then being in the pocket," as that allegation would 
 make it necessary to prove that there were moneys in the 
 pocket : (Jteg. v. Collins.) Several cases on the 5 Geo. 4, c. 83, 
 s. 4, hear upon this point. That section applies to persons 
 frequenting certain places " with intent to commit felony." In 
 In re Cross (1 H. & N. 651 ; 1 0. B., N. S., 573) a commitment 
 under this section ran " with intent feloniously to steal the 
 moneys, goods, and chattels of S. S. from her person." In the 
 other cases the statement was " with intent to commit felony :" 
 (Jn re Jones, 7 Ex. R. 586 ; SeweU v. Tayhr, 7 0. B., N. S., 160 ; 
 In re Davis, 2 H. & N. 149 ; Reg. v. Brown, 17 Q. B. 833.) In 
 none of these cases was any objection taken to the manner in 
 which the intent was stated, except that the word " there " 
 ought to have been added after " felony;" but both the Courts of 
 Qaeen's'Benoh and Exchequer held that it was unnecessary, as 
 the offence was committed if the intent were to commit felony 
 anywhere : {Reg. v. Brown; In re Jones.) ■ It would seem, how- 
 ever, that in some cases at least it would be right to add the 
 word " there," or some equivalent, especially where it is clear 
 that it was intended to commit the offence where the act was 
 done. But there are cases where it ought not to be done ; as 
 where the act is the soliciting to murder or rob. Reg. v. Johnson 
 (L. & G. 48) shows that the statement in In re Cross as to the 
 goods was sufficient. There the prisoner was charged with 
 attempting to steal " the goods and chattels of T. R. in the 
 dwelling-house," ifcc, and it was held to be sufficient, for " where 
 there is only an attempt, it is not always possible to say what 
 property the would-be thief meant to steal;" and a fortiori that 
 must be the case where there is only an intent ; as in the case of 
 
cxvi Attempts to commit Crimes. 
 
 burglary, where it is unnecessary to describe the goods intended 
 to be stolen or to state their ownership : (2 Buss. 0. & M. H.) 
 The only correct rule is, that the intent, like other things, should 
 be stated with as much particularity as the nature o{ the case 
 will permit, and where there are several intents it is advisable to 
 have counts framed so as to meet each of them. 
 
 The intent may be laid either in the prefatory part of the 
 indictment, or in the conclusion, or in both. In Bex v. Philips 
 (6 East R. 464) the indictment began by charging that the 
 defendant, intending to do great bodily harm to R. G. T., and to 
 break the peace, &o., sent a letter to R. G. T., in which he was 
 said to have behaved like a blackguard, with intent to incite 
 R. 6. T. to challenge the defendant ; and it was held that the 
 intent was sufficiently alleged in the prefatory averment, and 
 that the indictment might be supported either by the intent, or 
 by the intent laid at the conclusion of it. 
 
 Indictments, whitfh charged attempts to commit crimes, have 
 been in two forms. In one the indictment has simply charged 
 the attempt without alleging the means by which it was made. 
 In the other the means have been stated, and then it has been 
 alleged that the prisoner thereby attempted to commit the 
 crime. It is clear that in the former case, if the evidence failed 
 to prove an attempt, the prisoner must be acquitted. But in 
 the latter case, if it be proved that the means were used with 
 intent to commit the crime, but not so as to prove an attempt, 
 the question arises whether the prisoner may not be convicted. 
 The general rule is that " it is invariably enough to prove so 
 much of the indictment as shows that the defendant has 
 committed a. substantive crime therein specified : " (Per Lord 
 Ellenborough, Bex v. Hunt, 2 Campb. 585. See the cases 
 3 Russ. 0. & M. 309, et scj.) If, therefore, it were proved that 
 the prisoner did any of the acts alleged with a criminal intent, 
 it would seem that he might be convicted thereof, provided the 
 indictment properly stated the intent (Reg. v. Reicl, 2 Den. 0. 0. 
 88), although the proof of the attempt failed. An attempt to 
 commit a crime must include one or more acts done with intent 
 to commit the crime, and on the general principle, a conviction 
 may take place for the latter, if the proof fail to substantiate the 
 former. In Reg. v. Eagktan the 8th, 9th, and 10th counts alleged 
 that the prisoner made certain false pretences, but did not 
 
Attempts to commit Crimes. cxvii 
 
 allege any intent with which they were made, and then stated 
 that the prisoner thereby attempted to obtain the money with 
 intent to defraud. If the counts had alleged that the pretences 
 were made with intent to defraud, all the difBoulties in the case 
 would have been avoided, and the prisoner might have been 
 convicted of that part of the indictment. But as no intent was 
 so laid, he could not be convicted if the making the pretences 
 did not amount to an attempt : (Reg. v, Reid.) 
 
 I have now concluded this examination of indictable criminal 
 acts and attempts to commit crimes, and I hope I have been able 
 to throw considerable light upon these subjects, which have never 
 been so fully considered before. At all events I feel sure that I 
 have collected a mass of information which may prove serviceable 
 on future occasions to those who may have to deal with any of 
 these cases. 
 
 Since my paper on attempts to commit offences was written, 
 my attention has been called to the following oases : 
 
 B., intended to murder C, wounds D. ; could he be indicted 
 tor attempting to murder D. ? Had he killed D., he would have 
 been guilty of murder undoubtedly, but could he be guilty of 
 attempting to do that which he did not design to do ? This 
 statement is imperfect, as it does not mention whether C. was 
 present at the time when D. was wounded. It is therefore 
 necessary to deal with the question on the supposition that 0. 
 was present, and also on the supposition that he was absent. 
 
 1. If C. was present, the case would be that B., intended to 
 murder C, struck at C, but missed him, and hit and wounded 
 D. • or, to put a similar case, B. shoots at C, with intent to 
 murder him, but misses him, and hits and wounds D. It is quits 
 clear that in both these cases B. was guilty of an attempt to 
 murder 0. He had the intent to murder, and he did an act 
 which, if it had taken effect, as he intended it should, would 
 have carried his intent into effect. 
 
 Then was B. guilty of an attempt to murder D. ? An attempt 
 includes an intent to do the act intended ; and as in fact B. had 
 no Intent to murder D., it may, at first sight, reasonably 
 be supposed that B. could not be guilty of an attempt to murder 
 D. But when we come to examine the authorities we shall find 
 that they lead to a different conclusion. In Saunders' case 
 (Plow. 473), A. gave his wife a poisoned apple, intending to 
 
cxviii Attempts to commit Grimes. 
 
 murder her, and she innocently gave it to her child, who ate it 
 and died ; and this was held murder in A., on the ground that 
 he had administered poison with intent to kill one person, and 
 since death had ensued from his act, though to another person, 
 yet it is murder in him, for he was the original causer of this 
 death; and when he administered poison to the intent to kill 
 any reasonable creature, and another reasonable creature, whom 
 he did not intend, is killed by it, such killing shall not be 
 dispunishable, but he who administered it shall be punished for 
 it, because he had an evil intent. And for this reason it is for 
 him to foresee what mischief will happen from his act prepared 
 and ministered to an evil intent, and he shall not be excused by 
 saying that he intended to kill another, and not this person. 
 For if one, of malice prepense, shoot an arrow at one, intending 
 to kill him, and hi^ arrow kills another, against whom he bore 
 no malice, this shall be murder in him ; for he intended murder 
 in his act, and because he directed his instrument of death, and 
 had killed another with it, it shall be an equal offence in him as 
 if he had killed the person intended. For the end of the act shall 
 be adjudged by the beginning of the act, and the last part shall 
 savour of the first, and the first pari was upon malice prepense, and 
 so implied murder, and the end of the act, viz., the IcilUng another, 
 shaUbe of the same degree, viz.,- murder, and not homicide only. 
 
 Upon the authority of this case. Gore's case (9 Rep. 81), was 
 decided. There an apothecary made an electuary, by the direc- 
 tions of an M.D., for Gore, into which Gore's wife, Agnes, put 
 poison, and gave some of it to Gore, who became grievously sick, 
 and two others who ate part became sick also. The M.D., being 
 told of these things, questioned the apothecary as to making the 
 electuary according to his directions, and his answers satisfied 
 the M.D. ; but the apothecary, in order to remove all doubt, 
 stirred the electuary together and ate part of it, of which he 
 died. The doubt was, as the apothecary of his own head, and 
 without the procurement of any, not only ate of the electuary, 
 but stirred it together, which so incorporated the poison with it 
 that it made the working more forcible than the mixture which 
 Agnes had made, whether this distinguished the case from 
 Saunders' case ; and all the Judges held that Agnes was guilty 
 of the murder of the apothecary, for " the law doth join the 
 murderous intent of Agnes inputting the poison into the electuary to 
 
Attempts to commit Crimes. oxix 
 
 kiU her husband with the event which Jbllows on it — i.e., the death 
 
 of the apothecary; and the putting of the poison into the electuary 
 
 19 the occasion and cause, and the poisoning and death of the 
 
 apothecary is the event ; quia eventus est qui ex causa sequitur, ei 
 
 dicuntur eventus quia ex causis eveniunt. And the stirring of the 
 
 electuary by the apothecary, -without the putting in of the poison 
 
 by Agnes, could not have been the cause of the death." And the 
 
 grounds of Saunders' case were altogether adopted by the court. 
 
 Now, both these were cases of poisoning, in whioh the very 
 
 essence of the offence is the intent with which the poison is laid 
 
 or administered ; and the ground of both decisions is that the 
 
 murderous intent, with which poison is laid for or given to one 
 
 person, shall be joined to the taking of the poison by another, 
 
 for whom it was not intended ; so that, in point of law, the case 
 
 is exactly the same as if the intent had actually been to murder 
 
 the person who took the poison. It follows from these authorities 
 
 that where B. strikes at G. with a murderous intent, bat misses 
 
 him and kills D., the law couples the murderous intent against 
 
 0. with the blow which kills D., and makes B. guilty of the 
 
 murder of D. In other words, the law causes the blow which 
 
 kills to be accompanied by the murderous intent. If that be so, 
 
 and the authorities seem clearly to show that it is, the blow itself 
 
 is of the same nature and character as if it had fallen on the 
 
 person for whom it was in fact intended ; in other words, it was 
 
 a blow given with intent to murder. Upon these authorities it 
 
 seems clear that, in the supposed case, B. might be guilty of an 
 
 attempt to murder D., though he struck at 0., and had in fact no 
 
 murderous intent against D. 
 
 And this conclusion seems to be strongly confirmed by this 
 consideration. Every crime, of necessity, must consist of an 
 attempt to commit it, and of the execution of that attempt ; and 
 where, if death had ensued from an act done with a murderous 
 intent, the crime would have been murder, it is exceedingly 
 difficult to conceive that the act so done is not an attempt to 
 murder. 
 
 No difficulty arises from two attempts to murder ; viz., to 
 
 murder 0. as well as D., resulting from this reasoning. In Gore's 
 
 case there was the attempt to murder Gore as well as the murder 
 
 of the apothecary. 
 
 2. The other supposition is that 0. was absent when D. was 
 
cxx Attempts to commit Crim^. 
 
 wounded, and then the case would be that B., intending to 
 murder C, wounded D., having mistaken him for C. On this 
 supposition there is no doubt that B. would be guilty of an 
 attempt to murder D. It is true that Bex v. Holt (7 0. & P. 
 518) is the other way; but after that decision in the edition of 
 Eussell in 1843, 1 remarked that " in the case of shooting at one 
 person on the supposition that he is another, although there be 
 -^ mistake, the prisoner must intend to murder that person at 
 whom he shoots ; it is true he may be mistaken in fact as to the 
 person, and it may be owing to such mistake that he shoots at 
 such person, but still he shoots with intent to kill that person. 
 So in the case of cutting : a man may cut one person under a, 
 mistake that he is another person, but still he must intend 
 to murder the person whose throat he cuts." And I cited 
 Reg. V. Mister (Salop Spring Assizes 1841). There, Mister had 
 followed one Ludlow for several days to an inn in Ludlow, and 
 he got under a bed in which he supposed Ludlow would sleep ; 
 but into which one Mackreth got, and in the night Mister cut 
 Maokreth's throat very severely, and there was no doubt 
 he mistook him for Ludlow ; and he was convicted before 
 Gurney, B., on a count, which charged him with cutting 
 Mackreth with intent to murder him, and afterwards executed. 
 The following cases fully support the positions 1 so laid down. 
 The prisoner having quarrelled with a man in a public-house, 
 waited outside to attack him, but the prosecutor, with whom 
 the prisoner had no dispute, went out first, and, being mistaken 
 by the prisoner for the other man, was wounded by him. It 
 was contended that the intent to injure the prosecutor was 
 not proved, and Sex v. Holt was cited. Alderson, B. : "If 
 Sex V. Holt lays down the position you contend for, I shall 
 certainly overrule it. I do not think it either law or good sense. 
 I shall direct the jury that if they think the prisoner did to the 
 prosecutor what he intended to do to another man, they must 
 find him guilty :'' (iJc^. v. Lynch, 1 Cox Orim. Oas. 361.) So 
 where upon an indictment for wounding Taylor with intent to 
 murder him, it appeared that the prisoner intended to murder 
 one Maloney ; but supposing Taylor to be Maloney, shot at and 
 wounded Taylor, and the jury found that the prisoner intended 
 to murder Maloney, not knowing that the party he shot at was 
 Taylor, but supposing him to be Maloney, and that he intended 
 
Attempts to commit Crimes. oxxi 
 
 to murder the person he shot at, Bupposing hira to be Maloney, 
 and oonTioted the prisoner. The judges held, on a case reserved, 
 that the conviction was right ; for, though he did not intend to 
 kill the particular person, he meant to murder the man at whom 
 he shot : {Reg. v. Smith, Dears, 0. G. 559.) This case clearly 
 overrules Rex v. Holt, which was cited in it. 
 
 The result, therefore, clearly is, that if B. wounded D., 
 supposing him to be C, whom he inteuced to murder, B. 
 would be guilty of an attempt to murder D., on the ground that 
 he intended to murder D., though he mistook him for 0. 
 
 In speaking of an attempt to murder, I have throughout 
 dealt with it as a common law offence, and not as an offence 
 within any statute. 
 
 I now advert to another case. B. persuaded a child under ten 
 years of age to allow him to take indecent liberties with her, 
 and he was indicted for an indecent assault; but that was 
 answered by the fact of consent. It was then contended that he 
 could be convicted of the attempt to commit an indecent assault ; 
 but Serjeant Cox held that if the full offence could not be sus- 
 tained in law, he could not be convicted of an attempt to commit 
 it. If the child was a, consenting party, so that there was no 
 assault, she must have consented also to the attempt. It also 
 seemed to the learned Serjeant very difSoult to understand how 
 there could be an attempt to assault in any case ; for whatever 
 would amount to an attempt to assault would be. an assault in 
 law. 
 
 1. It is quite clear that the consent of the girl answered the 
 charge of the indecent assault (^Reg. v. Martin, 2 M. 0. 0. R. 123) 
 for there can be in law no assault unless the act be done against 
 consent. 
 
 2. It is equally clear that the consent of the girl would be an 
 answer to an attempt to commit an assault, for the same reason 
 also. 
 
 3. An assault is an attempt or offer, with force and violence, 
 to do a corporal hurt to another, coupled with a present ability 
 of using the force and violence upon the person of such other 
 person. It is, therefore, confined to such acts as are accompanied 
 by such a present ability. It is not easy to define precisely what 
 a present ability is ; but the following oases illustrate the matter. 
 Where the plaintiff came to the defendant's premises, and refused 
 
 9 
 
cxxii Attempts to commit Crimes. 
 
 to leave them when ordered by him, and he collected together 
 some of his workmen, who mustered round the plaintiff, tucking 
 up their sleeves and aprons, and threatened to break his neck if 
 he did not go out, and, fearing they would strike him if he did 
 not do BO, the plaintiff went out, the Court of Common Pleas 
 held that this was an assault ; for there was a threat of violence 
 exhibiting a present intention to assault, and a present ability 
 to carry the threat into execution: (2?earf v. Coker, 13 C. B. 850.) 
 And where the plaintiff was walking along a footpath by the 
 side of a road, and the defendant rode after him at a quick pace, 
 and the plaintiff ran away and got into his own garden, when the 
 defendant rode up to the garden-gate (the plaintiff being then 
 about three yards from him), and shaking his whip, said, " Come 
 out, and I will lick you before your own servants," Lord 
 Tenterden, O.J., held, that if the defendant rode after the 
 plaintiff, so as to compel him to run into his garden for shelter, 
 to avoid being beaten, that is in law an assault : (Martin v. 
 Shoppee, 3 0. & P. 374.) So where the defendants were walking 
 with loaded guns at half cock in their hands on the plaintiffs' 
 field, and being desired to withdraw they half raised their guns, 
 which they pointed towards the plaintiffs, and threatened to 
 shoot them, WiUes, J., held,, that pointing a loaded gun is in law 
 an assault. It is immaterial that it is at half cock ; cocking is 
 an instantaneous act, and there is a, present ability of doing the 
 act threatened, fQr it can be done in an instant: (^Osborne v. 
 Veitch, 1 F. & F. 31T.) 
 
 We now advert to a case, which requires some consideration, 
 as it is obviously inaccurately reported, as one part of it Is quite 
 inconsistent with the other part. Accordiiig to the statement in 
 the report, " the declaration stated that the defendant threatened 
 and attempted to assault the plaintiff." The evidence was that at 
 a parish meeting the defendant interrupted the proceedings, and 
 the majority voted that he should be turned out of the roorh ; 
 whereon he said he would rather pull the chairman out of the 
 chair, and advanced with his clenched fist towards th.e chairman, 
 but was stopped by the churchwarden, who sat next but one to 
 the chairman, at a time when he was not near enough for any 
 blow he might have meditated to have reached the chairman, 
 but when he seemed to be advancing with an intention to strike 
 the chairman ; Tindall, O.J., told the jury "it is not every threat, 
 
Attempts to commit Crimes. cxxiii 
 
 ■when there is no actual peraoual violence, that constitutes an 
 assault ; there must, in all cases, be the means of carrying the 
 threat into effect. The question I shall leave to you will be, 
 whether the defendant was advancing at the time, in a threaten- 
 ing attitude, to strike the chairman, so that his blow would 
 almost immediately have reached the chairman if he had not 
 been stopped ; then, though he was not near enough at the time 
 to have struck him, yet, if he was advancing with that intent, I 
 think it amounts to an assault in law. If he was so advancing 
 that within a second or two of time he would have reached him, 
 it seems to me that it is an assault in law :" (^Stephens v. Myers, 
 4 C. & P. 349.) Now, the declaration, as stated, charged an 
 attempt to assault, whereas the direction to the jury applies to an 
 assault only. Clearly, therefore, one statement or the other 
 must be erroneous. It is dii&cult to conceive how the state- 
 m'ent as to the declaration can have got into the report, if 
 it were in the ordinary form, and simply alleged that the 
 defendant assaulted the plaintiff ; and the facts would certainly 
 be very likely to lead the pleader to frawe a declaration in 
 the form in which this is stated to have been; whilst, on 
 the other hand, it is very easy to conceive that the state- 
 ment of that great Judge, Tiadal, O.J., may have been in- 
 accurately reported, especially when so slight an alteration as 
 substituting " attempt to assault " for " assault " in the latter 
 part of his charge would make it consistent with the declaration 
 as stated, and the facts also. If this view of this case be correct, 
 it is a distinct authority that there may be an attempt to commit 
 an assault. 
 
 In principle there seems no satisfactory ground for doubting 
 that there may be such an attempt. Although an assault may 
 be an attempt to inflict a battery on another, as where A. strikes 
 at B., but misses him, yet it may not amount to such an attempt, 
 as where A. holds up his hand in a threatening attitude at B. 
 within reach of him, or points a gun at him without more. Is 
 not the true view this — that every offence must have its 
 beginning and completion ? and is not whatever is done which 
 falls short of the completion an attempt, provided it be suffi- 
 ciently proximate to the intended offence ? Pointing a loaded 
 gun is an assault. Is not raising the gun in order to point it an 
 attempt to assault ? 
 
cxxiv Climes and their Punishments. 
 
 So, too, there may be unlawful acts done in oases of assault 
 which do not amount to an attempt. A. threatens to horsewhip 
 B., and fetches a whip out of his house to do it, and in the 
 meantime B. has gone away. Here there is an act done, and a 
 criminal intent coupled with it. 
 
 And here let it be noted that Tindal, C.J., plainly thought 
 that advancing towards a man with intent to assault him was a 
 criminal act, and so did Lord Tentbrden think that riding after 
 a man was so also ; and these high opinions mightily strengthen 
 the doubt I expressed in my former paper as to the dictum 
 that going to a place to commit a murder was not a criminal act. 
 
 It is presumed that the indictment in this case did not contain 
 a similar statement to that in Reg. v. Ryland (18 L. T. Rep. 538), 
 so as to warrant u conviction of an attempt to commit the 
 statutory offence, although the evidence failed to prove the 
 assault. 
 
 I subjoin a Table of Crimes and tkeir Punishments, 
 whicli may be useful for ready reference in court, and 
 for which I am indebted to my friend Mr. Purcell, 
 Barrister-at-Law. 
 
A TABLE 
 
 OF 
 
 CRIMES AND THEIE PUNISHMENTS. 
 
 Coutractioiisr—F, Felony J M, Misdemeanor ; P. S., Penal Servitude; 
 imp., imprisonment; h. 1., haxd labour; s. o., solitary confinement; 
 w., whipping. N.B. In aJl cases the maximnm term of penal servitude 
 or imprisonment is given. 
 
 Abduction : 
 
 of a woman of any age or under 
 age on account of her pro- 
 perty with intent to marry 
 or defile. 
 
 fraudulenti allurement or de- 
 tention of any woman under 
 twenty-one from parents or 
 giiardians with Intent, &c. 
 
 forcible, of any woman of any 
 age, with intent, &c. 
 
 of a girl under sixteen out of 
 possession of parents or guar- 
 dians. 
 
 AbeTTOKS : 
 in misdemeanors 
 
 Abortion : 
 
 administering drugs, or using 
 instruments by woman her- 
 self or others. 
 
 supplying drugs to same 
 
 ACCESSOEIES AND PEIISrCIPALS IK 
 
 THE Second Degree : 
 
 accessories before the fact to 
 any felony. 
 
 after the fact to any felony 
 under the Larceny Act (ex- 
 cept receiving) . 
 
 after the fact under the MaU- 
 ciousInjuriestoPropertyAct. 
 
 after the fact to any felony 
 under the Offences against 
 the Person Act (except 
 murder) , 
 
 after the fact to any other 
 felony. 
 
 principals in second degree in 
 cases of felony punishable 
 imder The Larceny Act. 
 
 The Forgery Act 
 
 Coinage Offences Act 
 Offences against the Person 
 Act. 
 
 F, P. S. 14 yrs, or 
 imp, 2 yrs h. 1. 
 
 F, Ibid 
 
 F, Ibid 
 
 M, imp. 2 yrs h. 1. 
 
 M, same as princi- 
 
 F, P. S, life, or imp. 
 2yrsh. 1, s. c. 
 
 M, P. S. 5 yrs, or 
 imp. 2 yrs h. 1. 
 
 F, same as princi- 
 pal. 
 
 F, imp. 2 yrs h. 1, 
 s. c. 
 
 F, Ibid 
 
 F, imp. 2 yrs h. 1, ... 
 
 F, imp. 2yrs h. 1, and 
 sureties for keeping 
 
 the peace for not 
 more than one year. 
 F, same as princi- 
 pals in first degree. 
 
 F, Ibid 
 
 F, Ibid 
 
 P, Ibid 
 
 24 & 25 Yict. u. 
 100, B. 53. 
 
 Ibid. 
 
 Ibid. s. 54. 
 Ibid. 6. 55. 
 
 24&25Vict.c.94, 
 s. 8, and see lb. 
 C.96, s. 98 ; C.97, 
 s.56;c.98,s.49; 
 c. 99, 5. 35 ; and 
 c.lOO,s.67. 
 
 Ibid. a. 58. 
 
 Ibid. ». 59. 
 
 24&25Vict.c.94, 
 
 ss. 1, 2. 
 24&25Vict.c.96, 
 
 s.98. 
 
 24&25Tict.c.97, 
 
 8.56. 
 
 24 & 25 Vict. u. 
 100, s. 67. 
 
 24&25Vict.c.94, 
 
 s. 4. 
 
 24&25Vict.c.96, 
 
 — c.97, 0.56. 
 
 — c.99,s.35. 
 
 — c.l00,s.67. 
 
Crimes and their Punishments. 
 
 Accusing op Ceime : 
 (or threatening to accuse) with, 
 intent to extort. 
 
 with intent to defraud^ by un- 
 lawful vaolence or restrainti 
 or hy threats of accusing, of 
 treason, felony or infamous 
 crime, compelling to execute 
 deed, &c. 
 
 SeeaJso "Letter Threatening." 
 
 Admiealtt : 
 offences within jurisdiction of, 
 see " Ship," port. * 
 
 Agent, see "Fraudulent Trus- 
 tee," ;gost. 
 
 Aems : 
 training to the use of, &c. 
 
 Abson: 
 places of divine worship 
 
 dwelling house, any person 
 being thereiu. 
 
 house, outhouse, warehouse, 
 farmbuilding, &c., whether 
 the same be in the possession 
 of the offender or any other 
 peraon. 
 
 bmldings appertainii^ to rail- 
 way, port, dock, harbour, 
 canal, or other navigation. 
 
 any other bmlding belonging to 
 the Queen, or to any county, 
 riding, di vision, city,^borough, 
 poor-law union, parish, or 
 place, or belonging to any 
 university, college, or hall of 
 any university, or to any inn 
 of court, or devoted to public 
 use or ornament, or erected 
 or maintained by public sub- 
 scription. 
 
 any other building than those 
 in the Act (24 & 25 Vict. c. 
 97) specified. 
 
 anything being in or against 
 or under any building, under 
 such circumstances that if 
 the same were thereby set 
 fire to, the offender womdbe 
 guilty of felony. 
 
 attempting to set fire to any 
 building or any matter or 
 thing (as last offence) under 
 such circumstances that if 
 the same were thereby set 
 fire to, the offender would be 
 guilty of felony. 
 
 F, P. a life, or imp. 
 % yrs h. 1, and male 
 under 16 w. 
 
 P, Ibid, (w, ex- 
 cepted) with s. c. 
 
 M, P. S. 7 yrs, or 
 fine or imp. 2 yre, 
 or both. 
 
 F, P. S. life, or imp. 
 
 2yrsh. 1, s.c,male 
 
 under 16 w, 
 F, Ibid 
 
 F.Ibid 
 
 F, Ibid. 
 F, Ibid. 
 
 F, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, and 
 male under 16 w. 
 
 F, Ibid 
 
 F, P. S. 14 yrs, or 
 imp. 2yrsh.l, s. c, 
 male under 16 w. 
 
 24&25Vict.c.96, 
 
 s. 47. 
 
 Ibid. s. 48. 
 
 30 Geo. 3 & 1 
 Geo. 4, c. 1, s. 1. 
 
 24&25Tict.c.97, 
 s. 1. 
 
 Ibid. s. 2. 
 
 Ibid. s. 3. 
 
 Ibid. s. 4. 
 Ibid. B. 5, 
 
 Ibid. 8. 6. 
 
 Ibid. 8. 7. 
 
 Ibid. 8. 8. 
 
Crimes and their Punishments. 
 
 Arson (oontmued) : 
 
 crops of hay,' grass, com, &:c., 
 standing or cut down, or 
 wood, coppice, plantation, 
 heath, gorse, furze, fern. 
 
 stacks of corn, grain, pulse, 
 hay, or any cultivated vege- 
 table produce or furze, &c., 
 peat, coals, wood, hark, &;g. 
 
 attempting to set fire as in the 
 two lost offences, under such 
 circumstances that if the 
 same were thereby set fire 
 to, the offender would be 
 under either of these sections 
 (16 and 17) guilty of felony. 
 
 mines, setting fire to 
 
 attempting ditto... 
 ships, setting fire to 
 
 attempting ditto 
 
 settittg fire to Her Majesly's 
 vessels of war, &c. 
 
 setting fire to the works or 
 vessels lying in dock. 
 See " Malicious In]*uries, 
 "Accessories and FrincipaJs 
 in the Second Degree." 
 
 ASSATILT : 
 
 common assault 
 
 ■ anyassaultcausiagbodilyharm 
 
 impeding any person saving 
 mmsftlf or others from a 
 wreck. 
 
 with intent to do grievous 
 bodily hflxm, or to resist or 
 prevent lawful apprehension 
 or detainer. 
 
 unlawfully wounding 
 
 attempting to choke, strangle, 
 &c,, with intent to commit 
 indictable offence. 
 
 doing grievous bodily harm by 
 gunpowder or other explo- 
 sive substance. 
 
 causing explosive substance to 
 explode, or sending such to 
 any person, or laying such at 
 any place, or throwing such, 
 or any corrosive liquid with 
 intent to maim or do grievous 
 bodily harm, whether injury 
 effected or not. 
 
 P, P. S. 14 yrs, or 
 imp. 2 yrs h. 1. s.c. 
 
 m£ue under 16 w. 
 
 P, P. S.life, or imp. 
 2 yrs h. 1, s. c, and 
 male imder 16 w. 
 
 P, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 and male under 16 
 
 P, P. S. life, or imp. 
 2 yrs h. 1, s. c, and 
 male under 16 w. 
 
 F, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 F, P. S. life, or imp. 
 2 yrs, h. 1, s. c, 
 male under 16 w. 
 
 P, Ibid 
 
 P, death (sentence 
 recorded4Geo. 4, c. 
 48, B. 1 ; 2 & 3 Vict, 
 c. 56. 8. 17.) 
 
 F, IMd 
 
 M, imp. lyr h. 1. ... 
 
 M, P. S. 5 yrs, or 
 imp. 2yrsh. 1. ... 
 
 F, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 F, Ibid. 
 
 24&25Vict.c.97, 
 s. 16. 
 
 Ibid. B. 17. 
 Ibid. 8. 18. 
 
 Ibid. s. 26. 
 Ibid. B. 27. 
 Ibid. ss. 42, 43. 
 
 Ibid. 8. 44. 
 12 Geo. 3, c. 24, 
 B. 1. 
 
 Ibid. 
 
 24 & 25 Vict. c. 
 100, s. 47. 
 Ibid. 
 
 Ibid. s. 17. 
 Ibid. 8. 18. 
 
 M, Ibid. s. c. ex- 
 cepted. 
 
 P, P. S, life, or imp. 
 2 yrs h. 1. and w. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, s. c, and 
 male under 16 w. 
 
 F, Ibid 
 
 Ibid. s. 20. 
 Ibid. s. 21. 
 
 Ibid. 
 
 Ibid. 8. 
 
csxviii 
 
 Crimes and their Punishments. 
 
 ASSAT7LT {conimAied) : 
 throwing gunpowder or other 
 eaplosive snhstaace upon or 
 near hiiildinga,ships,&c.,with 
 intent to do bodily injury, 
 whether injury effected or 
 not. 
 with intent to commit felony.,. 
 
 on males, with, intentj &c. 
 
 on persons discharging duty 
 with regard to the preserva- 
 tion of wrecks. 
 
 arising from a combination to 
 raise wages. 
 
 on ministers of religion en- 
 gaged at their duties, or 
 gomg or returning. 
 
 with intent to rob, being armed 
 with offensive weapons, or 
 together with one or more 
 persons, or the using per- 
 sonal violence at the time of 
 robbery or just before or 
 after. 
 
 with menaces or force demand- 
 ing with intent to steal. 
 
 on peace officers and parish 
 and union officers in dis- 
 charge of duty. 
 
 upon aJiy person with intent 
 
 to resist or prevent lawful 
 
 apprehension of self or other 
 
 person. 
 
 indecent upon any female 
 
 with intent to rob 
 
 on keeper of deer while in 
 execution of his powers, 
 seizing gun, &g. 
 
 on special or county constable 
 
 by any person liable to be 
 apprehended under the pro- 
 visions of 14 & IS Vict, c. 19, 
 on person authorised to ap- 
 prehend. 
 
 Attempts to Hubdeb: 
 by poison 
 
 F, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 and male under 
 16 w. 
 
 M, imp. 2 yrs h. 1, 
 also fine and sure- 
 ties. 
 
 M, P. S. 10 yrs, or 
 imp. 2 yrs h. 1, 
 
 M, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, and 
 court may fine in 
 lieu or addition, 
 and compel to find 
 sureties. 
 
 SI, imp., &c., as 
 above. 
 
 M, imp. 2 yrs h. 1. 
 
 F, P. S. life, or imp, 
 2 yrs h. 1, s. c. (and 
 if a male once, 
 twice, or thrice w. 
 26 & 27 Vict, c. 44.) 
 
 F, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 M, imp. 2 yrs h. 1, 
 aJso fine and surety. 
 
 M, Ibid. 
 
 M, imp. 2 yrsh.l.... 
 
 F, P. S. 5 yrs, or 
 imp. 2 yrsh.l, s. c. 
 
 F, imp. 2 yrs h. 1, 
 s. c, male under 16 
 w. 
 
 M, imp. 2 yrs h. 1, 
 also fine and sure- 
 ties. 
 
 M, imp. h. 1.3 yrs... 
 
 P. S. life, or imp. 24 & 25 Vict. u. 
 2 yrs h. 1, s. c. 100, s. 11. 
 
 24 & 25 Vict. 
 100, s. 30. 
 
 Ibid. SB. 38, 71. 
 
 Ibid. ». 62. 
 Ibid. d. 37. 
 
 Ibid. s. 41. 
 Ibid. 8. 36. 
 
 24 & 25 Vict. c. 
 
 ;, BS. 43, 49. 
 
 FDid. s. 45. 
 
 24 & 25 Vict. c. 
 100, ss. 38, 71, 
 and 13&14 Vict, 
 c. 101, 8. 9; and 
 for definitions 
 see4&5Will.4, 
 c. 76, and 14 & 
 15 Vict. c. 105, 
 
 8.18. 
 
 24 & 25 Vict. c. 
 100, SB. 38, 71. 
 
 Ibid. 8. 52. 
 24 & 25 Vict. c. 
 96, s. 42. 
 Ibid. B. 16. 
 
 1 & 2 Will. 4, c. 
 
 41, 8. 11, and 
 
 2&3Vict.c.93, 
 
 s. 8. 
 14 & 15 Vict. u. 
 
 19, s. 13. 
 
Crimes and their Punishments* 
 
 csxix 
 
 Attempts to Murder (contwiwed) : 
 \>y explosions ... .*. 
 
 by setting fire to ships 
 
 by sbooting-, (fee 
 
 by otlier means 
 
 Attemfes to Commit other 
 Crimes : 
 by administering chloroform 
 or attempting to administer, 
 with a view to commit or aid 
 in the commission of an in- 
 dictable offence. 
 to commit a felony whether 
 statutable or at common law. 
 
 to commit a misdemeanor. 
 Bailee, see "Larceny," 'post. 
 Bankers, see '* Fraudulent Trus- 
 tees," post. 
 BaneinG' Shares : 
 
 the inserting in any contract or 
 agreement for the sale or 
 transfer of shares in any 
 banking company any false 
 entry of the numbers, or any 
 name other than that of the 
 person in whose name the 
 shores stand. 
 Bankruptcy : 
 
 persons made bankrupt in pur- 
 suance of the act of 1869, 
 where bankrupt does not 
 truly discover all his pro- 
 perty to trustee. 
 
 does not deliver up to trustee 
 all such part of his real and 
 personal property as is under 
 his control. 
 
 does not deliver up aU books, 
 papers, &c., relating to his 
 property after the presenta- 
 tion of petition or com- 
 mencement of liquidation, or 
 within four months before, 
 or concealing any part of his 
 property, value £10 or up- 
 wards, or any debt due to or 
 from him. 
 
 if after, &c, (as above) , bankrupt 
 fraudulently removes any 
 portion of his property, value 
 101. or upwards. 
 
 makes any material omission 
 in any statement relating to 
 his affairs. 
 
 fails to inform trustee within a 
 month where he knows or 
 believes a false debt has been 
 proved by any person under 
 the bankruptcy or liquida- 
 tion. 
 
 P, P. S. life, or imp. 
 2 yrs h. 1. s. c. 
 
 F, Ibid 
 
 F. Ibid 
 
 F, Ibid 
 
 F, P. S. life, 5 yrs, 
 or imp. 2 yrs h. 1, 
 
 M, fine, imp, or both 
 (and h. 1. 3 Geo. 4. 
 c. 114). 
 
 M, fine or imp, or 
 both. 
 
 M, fine or imp, or 
 both. 
 
 K, imp. 2 yrs h. 1. 
 
 M, Ibid. 
 
 M, Ibid. 
 
 24 & 25 Vict. 
 100. s. 12. 
 Ibid. s. 13. 
 Ibid. B. 14. 
 Ibid. s. 15. 
 
 !4 & 25 Yict. c. 
 100, s. 22. 
 
 Common law. 
 Common law. 
 
 30 Vict. c. 
 s.l. 
 
 32 & 33 Vict. u. 
 62, 8. 11. 
 
 Ibid. 
 
 Ibid. 
 
 M. Ibid. 
 
 M, Ibid. 
 
 M, Ibid. 
 
 Ibid. 
 
 Ibid. 
 Ibid. 
 
cxxx 
 
 Crimes and thdr Punishments. 
 
 BAUKRTJPTcy {coniinued) : 
 if after the presentation of tlie 
 bankruptcy petition or com- 
 mencement of liquidation 
 bankrupt prevents the prat* 
 duction of any book or docu- 
 ment. 
 if after, &c., or within four 
 months next before, &c., he 
 conceals, mutilates, &c., or is 
 privy to concealment of any 
 book or document relating 
 to his affairs. 
 if, &c. (as before), he makes or 
 is privy to the making any 
 false entry in aay book or 
 document. 
 if, &c. (as before), he fraudu- 
 lently parts with, or alters^ 
 or makes any omission in, or 
 is privy to the parting with, 
 altering, &c., any document, 
 if , after presentation of petition, 
 or commencement of liqui- 
 dation,'or at any meeting of 
 his creditors within four 
 months next before such he 
 attempts to account for any 
 part of his property by ficti- 
 tious losses or expenses. 
 if within four months next 
 before the presentation, &c., 
 or commencement, &c., he 
 by any false representation, 
 or other fraud, has obtained 
 any property on credit and 
 has not paid for same. 
 if, as above, he, being a trader, 
 obtains xmder the false pre- 
 tence of carrying on business 
 and dealing in the ordinary 
 way of his trade any property 
 on credit, and has not pEiid. 
 for same, 
 if, as above, he, being a trader, 
 pawns, pledges, or disposes 
 of, otherwise than in the 
 ordinary way of his trade, 
 any property which he has 
 obtamed on credit and has 
 not paid for. 
 if he is guilty of any false re- 
 presentation, or other fiuud, 
 for the purpose of obtaining 
 the consent of his creditors, 
 or any of them, to any agree- 
 ment with reference to his 
 affairs, or his banfa^ptcy, or 
 liquidation, 
 not surrendering upon the 
 day limited, and signing 
 and subscribing surrender, 
 and submitting to be ex- 
 amined. ' 
 
 M, imp. 2 yrs h. 1. 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, unp.3yr8,atthe 
 discretion of the 
 court. 
 
 ! & 33 Vict, V. 
 
 12, s. 11. 
 
 Ibid. 
 
 Ibid. 
 
 [bid. 
 
 Ibid. 
 
 Ibid. 
 
 24 & 25 Vict. 
 134, s. 221. 
 
Crimes and their Punishments. 
 
 Bankrttptct (coufwiued) : 
 bankrupt or his wife, or any 
 other person, giving false 
 evidence. 
 
 wilfully and corruptly swearing 
 or affirming faJselj before a 
 registrar. 
 
 wilfully and corruptly making 
 any declaration for proof of 
 debt knowing the same or 
 the statement pf account ap- 
 pended to be untrue in any 
 material particular. 
 
 forging signature of commis- 
 sioner or officer or seal of 
 court. 
 
 inserting without authority, 
 or knowing same to be false, 
 any advertisement in London 
 Gazette, or other newspaper 
 pretending to be under the 
 acts. 
 
 Bigamy 
 
 Bribery, see " Elections," 
 
 BURGLART : 
 
 entering the dwelling-house of 
 another at night with intent 
 to commit felony therein, or 
 being in such committing a 
 felony , and in either cf 
 breaking out. 
 
 entering dwelling-house at 
 night with intent to commit 
 felony. 
 
 Cattle, see " Larceny," and 
 " Malicious Injuries," post. 
 
 Chain Cable or Akchor : 
 stamping, or assisting 
 stajnping of, vritji mark of 
 tester without authority, 
 with intent, &c. 
 
 ^HALLEITGE : 
 
 sending of, &c 
 
 ChILDREIT : 
 
 taking away or decoying when 
 nnder fourteen years of age, 
 or with intent to steal clothes 
 of, or receiving knovpingly 
 decoyed child. 
 
 procuring defilement of girl 
 under 21. 
 
 [" Eape." 
 carnal knowledge Qf, see 
 
 M, same as pei^jury. 
 
 M, Ibid 
 
 M, Ibid 
 
 F, P. S. 7 yrs, or 
 imp. 3 yrs h. 1. 
 
 M, fine or imp, or 
 both. 
 
 P, P. S. 7 yrs, or 
 imp. 2 yrs h. 1. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, s. c. 
 
 F, P. S. 7 yrs, or 
 imp. 2yrsh. l,s. c. 
 
 M, imp. 2 yrs h. 1, 
 a. G. 
 
 M, fine or imp, or 
 both. 
 
 F, P. S. 7 yrs, or 
 imp, 2 yrs h, 1, and 
 male under 16 w. 
 
 M!, imp, 2 yrs h. 1, 
 and fine in addition 
 or in lieu, and sure- 
 ties for good beha- 
 viour. 
 
 12 & 13 Vict. c. 
 
 106, s. 254 (and 
 
 see " Perjury," 
 
 post) . 
 24 & 25 Vict. 0. 
 
 134, s. 54. 
 
 Ibid. s. 145. 
 
 Ibid. s. 205, and 
 see8&9Vict.c. 
 113, s. 4 J 20 & 21 
 Vict. c. 3, s. 2. 
 
 12 & 13 Vict. c. 
 106, s. 272. 
 
 34 & 25 Vict. c. 
 100, s. 57. 
 
 24 & 25 Vict. c. 
 96, a. 52. 
 
 Ibid. 3. 54. 
 
 27 & 28 Vict. u. 
 27, a. 12. 
 
 Common law,. 
 
 24 & 25 Vict. c. 
 100, s. 56. 
 
 Ibid. ss. 69, 71. 
 
Crimes and their Punishments. 
 
 Childkek (omiMmed,) : 
 
 
 
 indecent assault upon, or at- 
 
 M, imp. 2 yrs 
 
 24 & 25 Vict. c. 
 
 tempt to have carnal know- 
 
 
 100, s. 66, 
 
 ledge of, where under 12. 
 
 
 
 abandonment or exposure of, 
 
 M, P. S. 5 yrs, or 
 
 Ibid. ». 27. 
 
 under age of 2 years ; and see 
 
 imp, 2 yrs h. 1, 
 
 
 " Concealing Birth," post. 
 
 
 
 Clebotiiah : 
 
 
 
 preventing from officiating or 
 
 M, imp. 2 yrs, and 
 
 24, & 25 Vict. u. 
 
 obstructing, or assaulting or 
 
 fine in addition or 
 
 100, a. 36, 
 
 arresting while engaged in. 
 
 in lieu, and sure- 
 
 
 or about to engage in, his 
 
 ties. 
 
 
 clerical rites or duties. 
 
 
 
 Coin: 
 
 
 
 falsely making or counterfeit- 
 
 F, P. S, life, or imp. 
 
 24 & 25 Vict. c. 
 
 ing any coin resembling, or 
 
 2 yra h, 1, s, o. 
 
 99, s. 2. 
 
 intending to resemble, or 
 
 
 
 pass for any current gold or 
 
 
 
 silver coin. 
 
 
 
 colouring of, or of pieces of 
 
 P, Ibid. 
 
 Ibid. s. 3. 
 
 metal to pass for gold or 
 
 
 
 silver coin, or colouring or 
 
 
 
 altering genuine silver or 
 
 
 
 
 
 
 for a higher coin. 
 
 
 
 impairing gold or sUver coin 
 
 P, P, S. M yrs, or 
 
 Ibid. s. 4. 
 
 with intent to pass same. 
 
 imp. 2 yrs h. 1, s. c. 
 
 
 
 P, P. S. 7 yrs, imp. 
 
 Ibid. s. 5. 
 
 or clippings of gold, or silver 
 coin, 
 buying or selling counterfeit 
 
 2 yrs h. 1, s. c. 
 
 
 P, P. S. life, imp. 2 
 
 Ibid. s. 6. 
 
 coin. 
 
 yrs h. 1, s. c. 
 
 
 importing counterfeit coin ... 
 
 P, Ibid 
 
 Ibid. s. 7. 
 
 exporting ditto 
 
 M, imp. 2 yrs, h. 1, 
 
 Ibid. s. 8. 
 
 uttering ditto 
 
 s. c. 
 M, imp,lyrh. l,s.o. 
 
 Ibid, s, 9. 
 
 uttering, accompanied by pos- 
 
 M, imp, 2 yrs, h. 1, 
 
 Ibid. s. 10. 
 
 session of other counterfeit 
 
 s. c. 
 
 
 coin, or followed by a second 
 
 
 
 uttering. 
 
 
 
 having three or more pieces of 
 
 M, P, S. 5 yrs, imp. 
 
 Ibid. s. 11. 
 
 counterfeit gold or silver coin 
 
 2 yrs h. 1, s. o. 
 
 
 in possession, with intent, &c. 
 
 
 
 every second offence of utter- 
 
 P, P. S. life, imp. 2 
 
 Ibid. B. 12. 
 
 ing, &c. 
 
 yrs h. 1, s. c. 
 
 
 uttering foreign coin, medals. 
 
 M, imp. 1 yr h. 1, 
 
 Ibid. B. 13. 
 
 as current coin, &o., with 
 
 s. c. 
 
 
 intent to defraud. 
 
 
 
 counterfeiting copper coin, &c. 
 
 P, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 Ibid. 0. 14. 
 
 uttering base copper coin, and 
 
 M, imp,lyrh.l,s, c. 
 
 Ibid, s, 15. 
 
 having in possession, with 
 
 
 
 intent to utter three pieces 
 
 
 
 of such. 
 
 
 
 defacing by stamping names or 
 
 M, imp, 1 yr h, 1. 
 
 Ibid. s. 16. 
 
 words thereon. 
 
 
 
 counterfeiting foreign gold or 
 
 P, P, S, 7 yrs, or 
 
 Ibid. =. 18. 
 
 silver coin. 
 
 imp. 2 yrs h. 1, s. c. 
 
 
 bringing such into the kingdom 
 
 P, P. S. 7 yrs, imp. 
 2 yra h. 1, s. o. 
 
 Ibid. a. 19. 
 
 uttering such ,. 
 
 M, imp. 6 mths h. 1. 
 
 Ibid. s. 20. 
 
 second offence 
 
 M,imp. 2yrsh.l,3.c. 
 
 Ibid, s, 21, 
 
Crimes and their Punishments, 
 
 Cots {contmued) : 
 third oifeuce 
 
 counterfeiting foreign coin 
 other than gold or silver. 
 
 making, mending, or posseBsing 
 coining tools. 
 
 conveying tools or moneys out 
 of the mint without au- 
 thority. 
 
 accessories in case of every 
 felony punishable under 
 24 & 25 Vict. c. 99. 
 
 accessories after the fact 
 
 COITCEALIITG BiBTH QP CHILD : 
 GOB'SFIBACY : 
 
 to charge another with crime, 
 to defraud or injure others, 
 to commit any offence, to 
 prevent the course of justice, 
 to effect legal purposes by 
 improper means, of journey- 
 men to raise wages. 
 
 COPTEIGHT IN BOOES : 
 
 maldng false entry in the Eeg- 
 ister Book of the Stationers 
 Company, or producing, or 
 causing to be tendered, in 
 evidence, any paper falsely 
 purporting to be a copy of 
 such entry. 
 
 Cetteltt (and see "Children" 
 •post) 
 
 DaKgeeotts Goods : 
 delivery of, sending of, deposit- 
 ing oz, &c. 
 
 Disobedience : 
 of justices* order, or of direc- 
 tion or prohibition of statute 
 to which no penalty is an- 
 nexed. 
 
 Drivers of Caekia&es : 
 doing bodily harm by wilful 
 misconduct, or wilful ueglect. 
 
 Election : 
 
 making false answer to ques- 
 tions of returning officer. 
 
 . personation ... ^^. ... 
 
 falsely, or fraudulently s^ning 
 voter's declaration of place 
 of abode, 
 
 bribery, tindue influence, mak- 
 ing payments not through 
 authorised agents. 
 
 P, P. S. life, imp. 
 
 2 yrs h. 1, s. c, 
 F, P. S. 7 yrs, imp, 
 
 2 yrs h. 1, s. o. 
 P, P. S. life, imp. 2 
 
 yrs h. 1, s. c, 
 P, Ibid 
 
 F, same as princi- 
 pal in first. 
 
 M, imp. 2 yrs h. 1,.„ 
 
 M, imp. 2 yrs h. 1..., 
 
 M, fine or imp. or 
 
 both (h. 1. 14 & 15 
 
 ■ Vict. c. 100, s. 29). 
 
 M, fine or imp, or 
 
 both. 
 
 M, fine or imp. or 
 
 both. 
 
 M, penalty not ex- 
 ceeding 5001, or 
 imp. 2 yrs h. 1, and 
 forfeiture of the 
 goods. 
 
 M, fine or imp. or 
 both. 
 
 M, imp. 2 yrs h. 1. . 
 
 M, fine or imp. or 
 
 both. 
 
 M, Ibid 
 
 M, fine or imp. not 
 
 exceeding 1 yr, and 
 
 declaration may be 
 
 impounded. 
 M, fine or imp. or 
 both. 
 
 24 & 25 Vict. c. 
 
 99, s. 21. 
 Ibid. s. 22. 
 
 Ibid. s. 24. 
 
 Ibid. s. 25, 
 
 Ibid. B. 35. 
 
 Ibid. 
 
 24 & 25 Vict. u. 
 
 100, s. 60. 
 
 Common law. 
 
 5 & 6 Vict. c. 45, 
 s. 12. 
 
 Common law. 
 
 29 & 30 Vict. 
 69, ss. 3-5. 
 
 Common law. 
 
 24 & 25 Vict, u, 
 100, s. 35, 
 
 6&7Vict. u. 18, 
 
 s. 81, 
 Ibid. ss. 83, 89. ; 
 28 Vict. c. 36, 8. 
 
 11. 
 
 17 & 18 Vict. c. 
 102, ss. 2, 3, 5. 
 
 h 
 
Crimes and their Punishments. 
 
 Election {conivtmeA) -. 
 agent or candidate, fornislpizig 
 tmtrue Btatement of expenses 
 falsely signing, &c. voting 
 paper (universities.) 
 
 ElUIBEZZLEMENT : 
 
 by an officer of the Bank of 
 
 England. 
 
 Entbt (foecibIiE) : 
 into a freehold or leasehold ... 
 
 Escape and Eesctte : 
 escaping from penal servitude 
 before time. 
 
 rescue of a convict from gaoler, 
 
 &c. 
 of a murderer or his body after 
 
 execution. 
 
 officer having person in charge 
 for felony, voluntarily per- 
 mitting Ms escape. 
 
 breaking prison when in cus- 
 tody for capital offence. 
 
 when in custody on a minor 
 
 charge, 
 rescuing person convicted of 
 
 felony. 
 
 charged with ditto, or convict- 
 ed of misdemeanor. 
 
 aiding to escape, or conveying 
 into prison any article to 
 facili^te such. 
 
 rescuing a prisoner charged 
 with treason, if subsequently 
 convicted. 
 
 aiding the escape of a prisoner, 
 in custody for treason or 
 felony, while being conveyed 
 to prison, or in prison. 
 
 in custody for petty larceny, 
 or for debt of 1001., do. 
 
 aiding prisoners, of war to 
 escape. 
 
 M, fine or. imp. or 
 
 both. 
 M, fine or imp. not 
 
 exceeding 1 yr. 
 
 P. P. S. 14 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 P. S. life, or imp. 2 
 yrs h. 1, s. c. 
 
 H, imp. and ransom 
 at Sovereign's will, 
 restitution of pro- 
 perty, or fine or 
 imp. or both. 
 
 F, P. S. life, and pre- 
 vious imp. not ex- 
 ceeding 4 yrs h. 1. 
 or P. S. life. 
 
 P, imp. 2 yrs h. 1. ... 
 
 P, P. S. life, or imp. 
 3 yrs h. 1. (in case 
 ofbody,P.S.7yrs.; 
 
 P, or M.* P, the 
 same as the person 
 escaping was sen- 
 tenced to ; M, fine 
 and imp. h. 1. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 and w. 
 
 M, fine and imp, h. 1. 
 
 F, P. S. 7 yrs, or 
 imp. 3 yrs, and not 
 less than 1 yr. 
 
 M, fine and imp. 
 
 P, imp. 2 yrs h. 1. 
 
 P, punishment as 
 traitor, or P. S. 7 
 yrs, or imp. 4 yrs. 
 
 F, P. S. 7 yrs. 
 
 IVT, fine aad imp. ... 
 F, P. S. life 
 
 17 & 18 Vict. c. 
 
 102. s. 4. 
 24 & 25 Vict. u. 
 
 53, s. 5. 
 
 24 & 25 Vict. c. 
 
 I, s. 68. 
 
 Ibid. «. 73. 
 
 5 Bic. 2, c. 8; 
 15 Eic. 2, c.2j 
 31 Eliz. c. 11; 
 21Jac.l, c. 15; 
 8 Hen. 6. c. 9;. 
 Common law. 
 
 5 Geo. 4, c. 84, 
 s.22j4&5WiU. 
 4, c. 67. 
 
 Ibid, and 56 Geo. 
 
 3,c.27,ss.7,l3. 
 25 Geo. 2, c. 37, 
 
 ss. 9, 10. 
 
 Common law. 
 
 lEdw.2, st.2,c. 
 
 1 ; 7 & 8 Geo. 4,. 
 
 c. 28, ss. 8, 9. 
 Common law. 
 
 1 & 2 Geo. 4, c. 
 88, s. 1. 
 
 Common law. 
 
 28 & 29 Vict. c. 
 126. 8. 37. 
 
 Common law, 
 and l&2Geo. 
 4, c. 88. 
 
 16 Geo. 2, c. 31, 
 ss. 1, 3. 
 
 Ibid. 
 
 52 Geo. 3, c. 156, 
 s. 1. 
 
 * This is felony if prisoner escapes after conviction j misdemeanor, 
 if before. The officer cannot be convicted of felony tiU after the con- 
 viction of the delinquent, bat can be punished for a misdemeanor. 
 
Grimes and their Punishments. 
 
 Excise : 
 armed persous, rescuing of- 
 ienders, assaulting officers, 
 informers, &c. 
 
 False Pbbtences : 
 
 by, obtaining aaiy money, chat- 
 tel, &o. 
 
 by, procuring any money to be 
 paid, or chattel,- or valuable 
 security to be delivered to- 
 an^ person. 
 
 fraudulently causing any per- 
 son, by false pretences, to 
 execute, &c., ttae -whole or 
 part of any valuable security, 
 or to write, or impress, or 
 affix his name, or- that of any 
 company or partnership, or- 
 the seal of any body corpo- 
 rate, upon any paper or 
 parchment, in order that 
 the same may be afterwards 
 made, or converted into, ox 
 dealt with as a -valuable 
 security. 
 
 attempting to obtain property, 
 as above. 
 
 False Scales and W^ishts : 
 selling by 
 
 Fish; 
 taking, or destroying in water 
 running through Imid adjoin- 
 ing the dwelUng-house of a 
 person o-wning such water, or 
 having a right of £shing. 
 
 FOEGEKT : - 
 
 forging the Great Seal, Privy 
 
 Seal, &c. 
 East India honds 
 Exchequer bUls, bonds, and 
 
 debentures. 
 
 bank notes 
 
 wills 
 
 bills of exchange, and promis- 
 
 , sory notes. 
 
 debentures 
 
 proceedings of Courts ofEecord 
 
 or Courts of Bctuity. 
 .ti^nsfei: of Stock of Bank of 
 
 England, or of Incorporated 
 
 Societies, &s., or power of 
 . attorney relating thereto,- or 
 
 demanding to act- by virtue 
 . of -forged power of attorney, 
 deeds, bonds, &G. 
 
 orders, receipts, &c. for money, 
 
 goods, &c. 
 court rolls ... 
 
 P, P. S. 7 yrs. 
 
 M, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. 0. 
 M, Ibid 
 
 M. Ibid. 
 
 Tvr , fine and imp. 
 
 Fine or imp. or both 
 (and h. 1; 14 & 15 
 Tiot. 0. 100, s. 29.) 
 
 M, fine or imp. or 
 both, and sureties. 
 
 F, P. S. UEe, or imp, 
 2 yrs h. 1, s. c. 
 
 F, Ibid 
 
 F, Ibid 
 
 F, Ibid 
 
 F, Ibid 
 
 F, Ibid 
 
 F, P. S. 14 yrs, or 
 imp. 2yrsh.l,s. c. 
 
 F, P. S. 7 yrs, oi 
 imp.2yrsh.l, s. o. 
 
 F, P. S. life, or imp, 
 2 yrs h. 1, B. c. 
 
 F, P. S. life, or imp. 
 2-yrsh. 1, s. o. 
 F, Ibid 
 
 P, Ibid. ... ... 
 
 23 & 24 Vict. c. 
 114, s. 200. 
 
 24 & 25 Vict. 0. 
 96, B. 88. 
 Ibid. s. 89. 
 
 Ibid. s. 90. 
 
 Common law. 
 
 Ibid. 
 
 24 & 25 Tict. c. 
 96, s. 24, 
 
 24 & 25 Vict, c 
 98, B. 1. 
 Ibid. s. 7. 
 Ibid. s. 8. 
 
 Ibid. 
 Ibid. 
 Ibid. 
 
 s, 12. 
 
 S.21. 
 B. 22. 
 
 Ibid. 
 
 S.26. 
 
 Ibid. 
 
 ».27. 
 
 Ibid. 
 
 s. 2. 
 
 Ibid. s. 20. 
 Ibid, s, 23. 
 Ibid. s. 30. 
 
Onmes and their Punishments. 
 
 FoEGEET (contmued) : 
 
 orders of justices, recogni- 
 sances, affidavitSf &c. 
 
 forging' name of Accottntant- 
 General of Court of Chance^ 
 in England or Ireland, or of 
 judge of Landed Estates 
 Court, Ireland. 
 
 copies or certificates of records, 
 proceeds of courts not of re- 
 cord, and using forged process 
 
 instruments made evidence by 
 acts of Parliament. 
 
 making' false entries of stock in 
 public funds, &c. 
 
 demanding property upon forg- 
 ed instruments. 
 
 making, or accepting bill, or 
 note, &c. by procuration, 
 ■without lawful authority, or 
 uttering such with intent to 
 defraud. 
 obliterating crossing on cheques 
 
 personating owner of stock, or 
 endeavouring to transfer, or 
 receive the dividends from 
 stock in such. 
 
 forging attestation to, power 
 of attorney for transfer of 
 stock, &c. 
 
 making out false dividend war- 
 rants, by clerks of Banks of 
 England or Ireland. 
 
 falsely acknowledging recog- 
 nisances. 
 
 making plates, &c., in imitation 
 of those used for Exchequer 
 bills. 
 
 making paper, in imitation of 
 that used for Exchequer 
 bills. 
 
 having in possession paper, 
 plates, or dies, to be iwed for 
 Exchequer bUls, &c. 
 
 piu:chasing, or receiving, or 
 having forged, bank notes or 
 biUs. 
 
 national debt, register, trans- 
 fer, &c., or personating nomi- 
 nees under act enabling the 
 commissioners to grant an- 
 nuities. 
 
 certificates relating to quaran- 
 tine. 
 
 dies, &c., for stamping gold or 
 
 silver wares. 
 stamps on parchment, &c. 
 
 makihg or having mould for 
 making paper with the words 
 Bank of England, or witii 
 curved bar lines, &c. 
 
 F, P. S. 5 yrs, 
 imp. 2 yrs h. 1, s. 
 
 F. P. S. 14 yrs, 
 imp. 2 yrs h. 1, s. 
 
 F, P. S: 7 yrs, or 
 imp. 2 yrs h. 1, t 
 s. c, 
 
 F, Ibid. 
 
 F, P. S. life, or imp. 
 
 2 yrs h. 1, s. c. 
 F, P. S. 14 yrs, or 
 
 imp. 2 yrs h. 1, s. c. 
 P, P. S. 14 yrs, or 
 
 imp. 2 yrs h. 1, s. c. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, s. c. 
 F, Ibid. 
 
 F, P. S. 7 yrs, or 
 
 imp. 2 yrs h. l,s.c. 
 
 F, Ibid 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1. s. c. 
 F,Ibid 
 
 F, Ibid. 
 
 M, imp. 3 yrs h. 1. 
 (or fine and sure- 
 ties, s. 51.) 
 
 P, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 F, P. S. life, or imp. 
 4 yrs, h, 1, s. c. 
 
 F, P. S. 7 yra, or 
 
 imp. 2 yrs h, 1, 
 
 s. c. 
 P, P. S. 14 yrs, or 
 
 imp. 3 yrs, h. 1. 
 P. P. S. life, or imp. 
 
 4 yrs. 
 P, Ibid 
 
 24 & 25 Vict. c. 
 98, s. 32. 
 Ibid. 8. 33. 
 
 Ibid. 8. 28. 
 
 Ibid. B. 29. 
 Ibid. B. 5. 
 Ibid. s. 38. 
 
 Ibid. a. 24. 
 
 Ibid. 8. 25. 
 Ibid. a. 3. 
 
 Ibid. s. 4'. 
 
 Ibid. a. 6. 
 
 Ibid. 8. 34. 
 Ibid. s. 9, 
 
 Ibid. B. 10. 
 
 Ibid. s. U. 
 
 Ibid. s. 13. 
 
 2 & 3 Will, 4, c. 
 59, 8. 19. 
 
 6 Geo. 4,0. 78, s. 
 
 7 & 8 Vict. c. 22, 
 
 s. 2. 
 3 & 4 Will. 4, c. 
 
 97, 8. 12. 
 Ibid. 8. 14. 
 
-^Cnmes and their Punishments, 
 
 cxxxvii 
 
 FoRGEET (continued) : 
 
 en^aving,or having any plate, 
 &Ct for maMng notes of Bank 
 of En^lajid, or other banks, or 
 uttering or havingpaperupon 
 which, a blank note, &c., is 
 printed. 
 
 engraving on a platet&o., any 
 number, word, device, &c., 
 resembling paxt of a bank 
 note, or bill, or of note, &c., 
 of other bankers, orusingi or 
 having any such plate, &c., or 
 uttering, or having pUper on 
 which any such worck, &o. 
 is impressed. 
 
 m&Mng, or having mould for 
 making paper with the name 
 of any banker, or making, or 
 having such paper. 
 
 engraving plate for foreign bill's 
 or notes, or using, or having 
 such plates, or uttering paper 
 on which any part of such 
 bill, or note is printed. 
 
 registers of deed!s 
 
 marriage licenses 
 
 accessories after the fact in 
 felonies under this act. 
 
 alders in misdemeanor ditto ... 
 
 o:fficial documents, decrees, or- 
 ders, private acta, &c. 
 
 seals, signatures, &c., under 
 Probate Court Act. 
 
 ditto Divorce Court 
 
 foiling or uttering instru- 
 ments not provided for Xty 
 
 statute, 
 
 Pkatjdulekt Tbttstees : 
 banker, merchant, broker, 
 attorney, or otiher agent 
 entrusted with money or 
 security with direction in 
 writing to apply same for any 
 specified purpose, converting 
 to his own usie, or entrusted 
 with any chattel or valuable 
 security or power of attorney 
 for sale or transfer of interest 
 in public or other funds, for 
 safe custody or special pur- 
 pose without author!^ to 
 sell, selling, converting, &c., 
 such. 
 
 F, P, S. life, or imp. 
 •4 yrs. 
 
 F, P. S. life, or imp. 
 2 yrs. h. 1, s. c. 
 
 F, Ibid. 
 
 F, Ibid. 
 
 F, P. S. 14 yrs, or 
 
 imp.2jrs. h. I, s. c. 
 F, P. S. 7 yrs, or 
 
 imp. a yrs, h. 1, 
 
 s. c. 
 F, imp, 2 yrs, h, 1, 
 
 s. c. 
 
 Same as principal. 
 F, P. S. 7 yrs, or 
 
 imp, 3 yrs, h. 1. 
 
 F, P. S. life, and not 
 less than 7 yrs, or 
 imp. 3 yrs, and not 
 less than 1 yr, 
 
 F, Ibid 
 
 M, fine or imp, or 
 both. 
 
 M, P. S. 7 yrs, or 
 imp. 2yrBh.l, s. c. 
 
 3 & 4 Will. 4, c. 
 97, s. 16. 
 
 Ibid. s. 17. 
 
 Ibid. s. 18. 
 
 Ibid. s. 19. 
 
 Ibid. a. 31. 
 Ibid, s. 35, 
 
 Ibid. a. 49. 
 
 Ibid. 
 
 8&9ViGt.c.ll3, 
 s,4j 7&8Geo. 
 
 4, c. 28, s. 4 • 11 
 & 12 Vict, c. 78, 
 
 5. 6. 
 
 21 & 2^ Vict. u. 
 95, s. 33. 
 
 21 & 22 Vict. . 
 108, s. 22. 
 Common law. 
 
 24 & 25 Vict, 
 96, s. 75. 
 
 A3 
 
Primes and their Pumshments* 
 
 FKiTJDtTLEMT TRUSTEES (con- 
 
 tmued) \ 
 
 bankerB;t.iiierc!baiits, &c. fraudu- 
 lently converting property 
 entrusted to them. 
 
 persons under powers, ditto ..^ 
 
 trustees,, ditto 
 
 directors, &c. of public com- 
 panies or bodies corporate, 
 appropriating- the property 
 of the company. 
 
 ditto, l^eeping fraudulent ac- 
 counts. 
 
 ditto, destroying boobs, &c. ... 
 
 ditto, publishing fraudulent 
 statements. 
 
 Pkiendlt Societies : 
 circulating false copies of rules, 
 or alterations of rules. 
 
 GAME} 
 
 taking game orrabbits by night, 
 or using net for taking same 
 on laud or the high road, after 
 two previous summary con- 
 victions. 
 
 offenders committing the above 
 oifence, and assaulting keeper 
 with gun. 
 
 three or more persons together 
 by night, entering or being 
 upon land with olf ensive wea- 
 pons, to take game or rabbits. 
 
 taking, or killingat night, hares 
 or rabbits in any warren, en- 
 closed or not. 
 
 M. P. S. 7 yrs, oi 
 imp. 2 yrs, h. 1, B. c. 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid 
 
 M, Ibid, 
 
 M, Ibid. 
 M, Ibid, 
 
 M, fine or imp, or 
 both. 
 
 M, P. S. 7 yrs, or 
 imp. 2yrsh. 1, 
 
 GuHPOWDEB, see "Malicious In- 
 juries." 
 
 HOTTSEBBEAKIDTQ i 
 
 breaking into and committing a 
 felony within the curtilage of 
 abuilding,and occupied there- 
 with, but not part thereof, or 
 being in such a building and 
 eommittingfelpny,and break- 
 ing out, 
 
 breaking and entering, atid 
 committing felony, or having 
 committed felony, breaking 
 out of any dwelling-house, 
 school-house, shop, ware- 
 bouse, or counting-house. 
 
 breaking and entering any 
 dwelling-house, place of di- 
 vine worship or building, 
 ■within the curtilage, school- 
 liouse, shop, ware or count- 
 ing house, with intent to 
 commit a f elony« 
 
 24 & 
 
 Ibid, s, 
 Ibid, B, 
 Ibid, B< 
 
 Ibid. 
 
 Ibid. B. 
 Ibid. B. 
 
 25 Vict. 
 .76, 
 
 .77. 
 
 .80. 
 
 81. 
 
 M, Ibid. 
 
 M. fine or imp, or 
 both, 
 
 M, P. S. 14 yrs, or 
 imp. 3 yrs h. 1, 
 
 P, P. S. 14 yrs, or 
 imp, 2 yrs h. 1, s. c, 
 
 F, Ibid. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 18 & 19 Vict. 
 "-,8,29. 
 
 !0 & 21 Vict, 
 3, s, 1-2. 
 
 Ibid. s. 2. 
 
 Ibid. s. 9. 
 
 24 & 25 Vict. c. 
 96, B. 17. 
 
 t & 25 Vict, e. 
 )6, a. 55. 
 
 Ibid. s. 56, 
 
 Ibid, s. 57. 
 
Crimes and their Funishments. 
 
 Housebreaking (contmued) : 
 , being' foimd by nigrht, armed 
 with weapon or instrument 
 with, intent to break, or enter 
 into any dwelling-boude, or 
 other building, with intent to 
 commit felony, or having in 
 jTOSsession, without lawful ex- 
 cuse, any picklock, key, crow, 
 jack, bit, or other implement 
 of housebreaking, or being 
 found atnight with face black- 
 ened, or disguised with in- 
 tent, &c., or being found in 
 any dwelling-house or build- 
 ing by night, with intent, &g. 
 anyone convicted of any of the 
 above misdemeanors (s. 58), 
 aftisr a previous conviction for 
 either felony or sudh misde- 
 meanor. 
 
 Ihdecent Assault, see "Assault* 
 
 Ihdecent Exposube : 
 of the person, or the printing, 
 publishing, or exposing to 
 Tiew, obscene writings or 
 prints, 
 
 Labcehy : 
 simple 
 
 as bailee 
 
 after previous convicUpn for 
 felony. 
 
 after conviction of indictable 
 
 misdemeanor. 
 
 after two summary convictions 
 under 7 & 8 Geo. 4, cc. 29, 
 30, or 10 & 11 Vict. c. 82, or 
 24 & 25 Vict. cc. 96, 97. 
 
 cattle 
 
 killing cattle with intent to 
 steal. 
 
 killing deer in nninclosedf orest, 
 
 second offence, 
 killing, hunting, or carrying 
 
 away, or attempting to kill 
 
 deer in inclosed ground, 
 stealing dog, after previous 
 
 summary conviction, 
 possession of stolen dog, after 
 
 previous summary conviction 
 corruptly taking money for 
 
 aidmg to recover any dog. 
 
 M, P. S. 5 yrs, or 
 impi 2 yrs h. 1, and 
 sureties for the 
 peace. 
 
 M, P. S. 10 yrs, or 
 imp. 2 yrs h. 1. 
 
 SI, fine or imp. or 
 both,h.l. 
 
 P, P. S. 5 yrs, imp. 2 
 yrs h. 1, s. c, and 
 male under 16 w, 
 
 P. Ibid. 
 
 F, P. S. 10 yrs, and 
 not less than 7, and 
 imp, and whipping 
 as above. 
 
 F, P. S. 7 yrs, imp. 
 and whippixig a^ 
 above. 
 
 F, Ibid 
 
 P, P. S. 14 yrs, imp, 
 as above. 
 
 Fj same punishment 
 AS for stealing, 
 provided the steal- 
 ing would have 
 amounted to a 
 felony, 
 
 F, im^. as above, 
 whipping as above. 
 
 F, Ibid, 
 
 M, imp.lSmthsh.!. 
 
 M, Ibid 
 
 M,imp.l&xiith»h.l. 
 
 24 & 25 Vict. 
 
 96, s. 58. 
 
 Ibid. B. 59'. 
 
 Common law. 
 
 24 & 25 Vict, u, 
 96, s. 4. 
 
 Ibid. s. S. 
 Ibid. s. 7, 
 
 Ibid. a. 8. 
 Ibid. s. 9. 
 
 Ibid, s. 10. 
 Ibid. s. 11. 
 
 Ibid. s. 12. 
 Ibid. s. 13. 
 
 Ibid, s. 18. 
 Ibid. s. 19. 
 Ibid. 8, 20. 
 
cxl 
 
 Grimes and their Punishments* 
 
 Laecent {continued,) : 
 
 ■ Btealingf oysters fromfisliery... 
 
 rising dredpe or otlier instru- 
 ment witliiii the limits of an 
 oyster bed for the purpose of 
 taking oysters^ though none 
 he actually taken, or dira^ging 
 upon the ground of such 
 fishery, 
 
 stealing bonds, 'bills, notes, or 
 for ttaudulent purpose des- 
 troying, cancellmg, oblitera- 
 ting the whole, or any part 
 of any valuable security, 
 other than a document of 
 title to lands. 
 
 ditto (destroyiog or conceal- 
 ing) of whole or part of any 
 document of title to lands. 
 
 ditto of wills 
 
 ditto of records or other original 
 document of Court of Becord, 
 or document relating to 
 Grovernment offices. 
 
 metal, &c,, fixed to buildings ... 
 
 trees, shrubs, &g., stealing, or 
 damaging with intent to 
 steal, in any ^ park, pleasure 
 . ground, garden, orchard, 
 avenue, or ground belonging 
 to a dwelling-house, in case 
 the value exceeds 11. 
 
 stealing, &c., when growing any- 
 where else than described 
 above, in case the value ex- 
 ceeds 51. 
 
 wheresoever growing, to value 
 of !«., after two previous 
 summary convictions. ' 
 
 the like oSences in respect to 
 plants, fruits, &c. in gardens, 
 
 . after one previous Bummary 
 conviction. 
 
 frommines 
 
 from mines, by those employed 
 therein. . 
 
 robbery and larceny from the 
 person. 
 
 by menaces or threats, demand- 
 ing property with intent to 
 steal. 
 
 in houses, to the value of 5Z. or 
 more. 
 
 and putting anyone therein in 
 bodily fear by menaces or 
 threats. 
 
 in manufactories, goods, or 
 materials to the value of 10s. 
 or more. 
 
 in ships and wharfs 
 
 goods belonging to any ship in 
 distress, or patt of such ship 
 
 F, as simple larceny. 
 
 M, imp, 3 mths h. 1, 
 B. c, 
 
 F, same as simple 
 larceny. 
 
 F, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, s, c. 
 F, Ibid 
 
 F, as simple larceny. 
 F, Ibid. 
 
 F, Ibid. 
 
 F, Ibid 
 
 Ibid. s. 33. 
 
 P.Ibid/ 
 
 Ibid. s. 36. 
 
 P.imp. Syrali.l.B.c. 
 P, Ibid 
 
 Ibid. s. 38. 
 Ibid. s. 39. 
 
 P, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 
 P, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 Ibid. a. 40. 
 Ibid. s. 45. 
 
 P, P. S. W yrs, or 
 imp. 2yrsli. 1, s.o. 
 
 Ibid. s. 60. 
 Ibid. s. 61 
 
 P, Ibid 
 
 Ibid. s. 62 
 
 P, Ibid 
 
 P, Ibid 
 
 Ibid. s. 63 
 Ibid. s. 64 
 
 24 & 25 Vict. c. 
 96, s. 26. 
 Ibid. 
 
 Ibid. a. 27. 
 
 Ibid. s. 
 
 Ibid. s. 
 Ibid. a. 
 
 Ibid, s, 31. 
 Ibid. s. 32. 
 
 Ibid. 
 
Cnmes and their Punishments, 
 
 cxli 
 
 Larceht (cowtmued) : 
 . by clerks or servants 
 
 by tenants or lodgers, of chat- 
 tels or fixtures let to the 
 offender, where value not 
 exceeding hi. 
 
 the like, where value exceedsSl. 
 
 Letter (Threatening) : 
 to kill 
 
 to burn 
 
 denmnding money 
 
 threatening to accuse of crime 
 punishable by death or penal 
 servitude not less than seven 
 years, or of assault with in- 
 tent to commit rape, or of 
 any attempt or endeavour 
 to commit rape, or of any 
 infamous crime (buggery 
 with man or beast, assault 
 to commit such, or attempt 
 or solicitation to move any 
 person to permit it) with 
 ^ intent to extort. 
 
 See " Accusing of Crime " 
 (threats not by letter). 
 
 Libel : 
 
 publishing or threatening to 
 publish any libel upon any 
 ■ person, or threatening to 
 permit and publish; or pro- 
 posing to abstain or prevent 
 the publishing of any matter 
 or thing touching any other 
 person with a view to extort 
 money, &c. 
 
 false defamatory libel 
 
 malicious ditto 
 
 blasphemous ditto 
 
 against the person and govern- 
 ment of the Sovereign, 
 or against either House of 
 Parliament.the constitution, 
 or the administration of 
 justice. 
 Lotteries ... .^ 
 
 Lunatics : 
 
 receiving pauper into county 
 or borough asylum vrithout 
 order an,d medical certificate 
 reqxured. 
 
 the like a person not a pauper 
 
 P, P. S. 14 yrs, or 
 imp. 2yrs h. 1, s. c, 
 male under 16 w. 
 
 P, imp. 2 yrs h, 1, 
 B. p, and male under 
 16 w. 
 
 P, P. S. 7 yrs, imp. 
 &c. as above. 
 
 P, P. S. 10 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 P, Ibid 
 
 P, P. S. life, imp. 
 &c. as above. 
 P, Ibid 
 
 M, imp. Syrsh. 1.... 
 
 M, imp. 2 yrs, and 
 such fine as the 
 court may award, 
 
 M, imp. 1 yr, or 
 fine or both. 
 
 Pine and imp. 
 
 Pine or imp.or both. 
 
 To he deemed com- 
 mon nuisances. 
 
 M, fine or imp, or 
 both. 
 
 M, Ibid, 
 
 24 & 25 Vict. M. 
 96, s. 67. 
 
 Ibid. s. 74. 
 
 Ibid. 
 
 24 & 25 Vict. u. 
 100, s. 16. 
 
 24 & 25 Vict. 0. 
 
 97, s. 50. 
 24 & 25 Vict, u, 
 
 96, a. 44. 
 Ibid. s. 46. 
 
 6 & 7 Vict. c. 96, 
 
 8.3. 
 
 Ibid. s. 4, 
 
 Ibid. s. 5. 
 
 Common law. 
 Ibid. 
 
 42 Geo. 3, c. 119, 
 
 s. 1. 
 
 16 & 17 Vict. c. 
 97, s. 73. 
 
 Ibid. s. 74. 
 
cxlii 
 
 Crimes and their Punishments. 
 
 Lunatics (cont'mvsd) : 
 
 clerk of asylum making un- 
 true entry of death, dis- 
 charge, or removal of a 
 patient. 
 
 physician, &c., signing false 
 certificate, or person signing 
 certificate as physician, &c., 
 when not such. 
 
 officer, attendant, &c., striking, 
 ill - treating, or neglecting 
 lunatic. 
 
 as to private asylums, see 8 & 9 
 Vict. c. 100, ss. 23, 27, 29, 44, 
 49, 50, 52, 54, 59, 63, 64, 68, 90, 
 and 16 & 17 Tict. c. 96, ss. 4, 
 5, 7, 9. 13, 14, 18. , 
 
 criminal lunaticSj the rescuing 
 any person being conveyed 
 to an asylum for criminal 
 lunatics during his convey- 
 ance thereto, or any officer 
 &c., in asylum permitting es- 
 cape, or conniving at it. 
 
 any of^cer, &c., ill-using or ne- 
 glecting persons confined in 
 asylum for criminal lunatics. 
 
 Malicious Injukies to the 
 
 Person : 
 poisoning, stabbing, wounding, 
 
 &c., with intent to murder. 
 administration of poison so as 
 
 to endanger life, 
 ditto with intent to annoy ... 
 
 attempt to murder by poison- 
 ing, shooting, strangling, 
 drowning, suffocating, or in 
 any other way. 
 
 wounding with intent to maim 
 or resist lawful apprehension. 
 ■ inflicting bodily injury with or 
 without weapon. 
 
 attempting to choke with in- 
 tent to commit indictable 
 offence. 
 
 using chloroform with intent 
 as above. 
 
 damaging a building with in- 
 tent to murder. 
 
 setting fire to ship or her 
 apparel with intent to 
 murder. 
 
 maiming by explosion of gun- 
 powder. 
 
 gunpowder, caumng to ex- 
 plode, or, sending explo- 
 sive substance to any per- 
 son, or throwing corrosive 
 liquid. 
 
 gunpowder, placing of, in or 
 near a building with intent 
 to jdo bodily injury. . . 
 
 M, fine or- imp, or 
 both. 
 
 M, Ibid. 
 
 M, Ibid, or sum- 
 marily. 
 
 F, P. S. 5 yrs, or 
 
 23 & 24 Vict. 0. 
 
 imp. 2 TTB h. 1. 
 
 75, s. 12, and 
 
 
 see also soviet. 
 
 
 0. 12, ss. 5, 6. 
 
 M, fine or imp. h. 1. 
 
 Ibid. o. 13. 
 
 or fine and imp. or 
 
 
 
 
 P, P. S. life, or imp. 
 
 24 & 25 Viot. u. 
 
 2yrsli. 1, s. c. 
 
 100, a. 11. 
 
 P, P. S. 10 yrs, or 
 
 Ibid. s. 23. 
 
 imp. a yrs h. 1. 
 
 
 M, P. S. 5 yrs, or 
 
 Ibid. s.24. 
 
 imp. 2 yrs h. 1. 
 
 
 P, P. S. life, imp. 2 
 
 Ibid. s. 14, 15. 
 
 yra h. 1, s. o. 
 
 
 F, P. S. life, or imp. 
 
 Ibid. s. 18. 
 
 2 yrs li. 1, s, c. 
 
 
 M, P. S. 5 yrs, imp. 
 
 Ibid. B. 20. 
 
 2 yrs h. 1. 
 
 
 F, P. S. life,orimp. 
 
 Ibid. s. 21. 
 
 2 yrs h. 1. {and w. 
 
 
 26 & 27 Viot. 0. 44.) 
 
 
 F,Ibid. w. excepted. 
 
 Ibid. s. 22. 
 
 P, Ibid, and s. c. 
 
 Ibid. s. 12. 
 
 P, Ibid, and s.u. 
 
 Ibid. ». IS. 
 
 Ibid, and w. in case 
 
 Ibid. s. 28. 
 
 of male under 16. 
 
 
 P. Ibid. „ ... 
 
 Ibid. B. 29. 
 
 16 & 17 Viot. «. 
 97, s. 93. 
 
 Ibid. s. 122. 
 
 Ibid. s. 12S. 
 
 P, P. S. 14 yrs, imp. 
 as before. 
 
 Ibid. 9. 30. 
 
Crimes and their Punishments. 
 
 cxliii 
 
 Malicious Injueies to Pko- 
 
 PEETT : 
 
 tlirowin^ into, upon, near, &c., 
 any Building with, intent 
 to damage it or machinery, 
 &<;., gunpowder or explosive 
 substance, whetlier damage 
 caused or not. 
 
 injuries to, toy rioters 
 
 malicious injuries to,bT tenants 
 
 machinery, materials for manu- 
 factures, &c. 
 
 ditto agricultural machinery... 
 
 hopbinds ,. 
 
 trees, shrubs, &c., growing in 
 any park, pleasure-ground, 
 orchard, &;c., or any ground 
 adjoiniug or belonging to 
 a pleasure ground, where 
 amount of injury exceeds £1. 
 
 the like growing elsewhere, 
 where the damage exceeds 
 £5. 
 
 the like, wheresoever growing, 
 the injury being not less 
 than Is., after two previous 
 summary convictions. 
 
 the hke offences in respect to 
 plants, fruits, &c., in gar- 
 dens, &c., after one previous 
 summary conviction. 
 
 mines, setting fire to a coal 
 mine. 
 
 attempting to set fire to a 
 mine. 
 
 conveying water into them 
 
 damaging engines belonging 
 
 to them., 
 to sea and river banks ... 
 
 removing piles, chalk, &e., 
 used for securing sea bank or 
 sea. wall, or opening sluice or 
 floodgate, or other damage 
 to navigable river or canal 
 with intent to obstruct the 
 navigation. 
 
 to ponds 
 
 to bridges, viaducts, &c. 
 
 turnpikes and toll bars... 
 
 telegraphs 
 
 works of art 
 
 P, P. S. U yrSj or 
 imp. 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 F. Ibid 
 
 M, fine and imp. or 
 
 both. 
 P, P. S. life, or imp. 
 
 2 yrs h. 1, s. o, male 
 
 under 16 w. 
 F, P. S. 7 yrs, imp. 
 
 as above. 
 P, P. S. 14 yrs, or 
 
 imp. 2 yrs h. l,t s. c, 
 
 and miale under 16 
 
 w. 
 P, P. S. 5 yrs, or 
 
 imp. 2yrsh.l, s. c, 
 
 and male under 16 
 
 F, Ibid. 
 
 M, imp. 2 yrs h. 1, 
 s. G, and mole under 
 16 w. 
 
 P, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 and male under 16 
 w. 
 
 F, P. S. life, or imp. 
 &c., as above. 
 
 F, P. S. 14 yrs, imp. 
 &;c., as above. 
 
 P, P. S. 7 yrs, imp. 
 &;c., as above. 
 
 F, Ibid 
 
 P, P. S. life, or imp. 
 
 2 yrs h. 1, s. c, and 
 
 male under 16 w. 
 F, P. S. 7 yrs, the 
 
 rest as in last 
 
 offence. 
 
 M, Ibid Ibid. s. 32. 
 
 F, P. S. life, or imp. Ibid. s. 
 
 2 yrs h. 1, s. c, male 
 
 under 16 w. 
 M, fine or imp. or Ibid, b, 34. 
 
 both. 
 
 M, imp. 2 yrs h. 1.... Ibid. s. 37. 
 M, imp. 6 mths h. 1, Ibid. s. 39. 
 
 male under 16 w. ' 
 
 24 & 25 Vict. 
 97, s. 10. 
 
 Ibid. s. 11, 
 Ibid. e. 13 and 
 common law. 
 Ibid. s. 14. 
 
 Ibid. a. 15. 
 Ibid. s. 19. 
 
 Ibid. B. 20. 
 
 Ibid. a. 21. 
 
 Ibid. s. 2.2. 
 
 Ibid. s. £ 
 
 Ibid. 
 Ibid. 
 Ibid. 
 Ibid. 
 
 s. 26. 
 S.27. 
 
 s. ^ 
 
 Ibid. s. 30. 
 Ibid. a. 31. 
 
cxliv 
 
 Crimes and their Punishments. 
 
 Malicious Istxubies to Pro- 
 PEKTT (oontmited) : 
 cattle „ 
 
 Bhips— damage otherwise than 
 by fire or explosive sub- 
 stances. 
 
 masking, siltering, &c., any 
 signal, or maliciously doing 
 anything tending to the im- 
 mediate loss or destruction 
 of a ship for which no punish- 
 ment provided. 
 
 cutting adrift, altering, con- 
 cealing, &c., boat, buoy, rope, 
 &c., iatended for the guid- 
 ance of seamen, or the pur- 
 poses of navigation. 
 
 destroying any part of any 
 vessel in distress, or stranded 
 or cast ashore, or any goods 
 of any kind belonging to such 
 vessel. 
 
 other injuries to real or per- 
 sonal property not provided 
 for in the act, &c., exceeding 
 £5. 
 
 the like offence, if committed 
 between nine in the evening 
 and six in the morning. 
 
 unlawfully or maliciously 
 placing, throwing upon, or 
 into, &c., any ship, gun- 
 powder, or other explosive 
 substance, with intent to 
 destroy or damage, whether 
 injury effected or not, 
 
 making or manufacturing, or 
 knowingly having in posses- 
 sion gunpowder, or explo- 
 sive substance, or dangerous 
 or noxious thing or machine, 
 &c., with intent thereby, or 
 by means thereof, to commit, 
 or enable another to commit, 
 any felonies mentioned in this 
 act (24 & 25 Vict. c. 97.) 
 
 Ibid, as 24 & 25 Vict. c. 100, 
 and see " Arson." 
 
 Manslaughteb 
 
 Mabikes 
 " Ship." 
 
 (DESEBTioiir), see 
 
 IVlABItlAGE : 
 
 clergyman solemnising at im- 
 proper time or place, or pot- 
 son falsely pretending to be 
 in holy orders aolemnisin g . 
 
 F, P. S. 14 yrs, or 
 imp. 2yr8h. I, s.c. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s.c. 
 
 F, P. S. life, or imp, 
 2 yrs h. 1,^ s. c, and 
 male under 16 w. 
 
 F, P. S. 14 yrs, or 
 imp, 2 yrs h. 1, 
 s. c, and male under 
 16 w. 
 
 F, P. S. 14 yrs, or 
 imp, 2 yrs h. 1, 
 B. o, male under 
 16 w, 
 
 M, imp. 2 yrs h. 1. 
 
 M, P. S. 5 yrs, or 
 imp. 2 yrs h. 1. 
 
 F, P. S. 4 yrs, or 
 imp. 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 Mt imp, 2 yrs h. 1, 
 8. c, male under 
 16 w. 
 
 M, Ibid. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, or £ne m 
 addition, or fine 
 alone. 
 
 F, P. S. 14 yrs. 
 
 24 & 25 Vict. c. 
 97, s. 40. 
 Ibid. B. 46. 
 
 Ibid. 8. 47. 
 
 Ibid. s. 48. 
 
 Ibid. u. 49. 
 
 Ibid. B. 51. 
 
 Ibid. 
 
 Ibid. B. 45. 
 
 Ibid. s. 54. 
 
 24 & 25 Vict. 0. 
 100, s. 64. 
 
 t4 & 25 Vict. u. 
 100, B. 5. 
 
 4 Geo. 4, c, 76, 
 s. 21. 
 
Crimes and their Punishments. 
 
 cxlv 
 
 Medical FBACTixioHEsa : 
 . any registrar making falBlflca- 
 tiou in any matter connected 
 with the register, 
 any person fraudtilently pro- 
 curing himself to be regis- 
 tered under the act, or at- 
 tempting to do so. 
 
 SIiLiTABT Law : 
 
 conveying into prison tools, 
 
 &G,, to facilitate escape of 
 
 prisoner, or aiding by any 
 
 means the escape of prisoner. 
 
 MrinoiPAi CoEPOEATiOHS Act : 
 . offences against 
 
 HirsD£B 
 
 accessories after the fact 
 
 . conspiring to murder any per- 
 son, whether subject of Her 
 Majesty or not, and whether 
 lie be within the Queen's do- 
 
 . . minions or not, and soliciting 
 to the murder of any per- 
 son as above. 
 
 Naval Sioses : 
 
 without authority (proof on 
 accused) applying the au- 
 thorised marks of ownership 
 in or on stores. 
 
 with intent to conceal Her 
 Majesty's property in any 
 stores,obliterating,&c,whoUy 
 or in part such mark. 
 
 without authority (proof on 
 accused)receiving, &c. stores, 
 bearing such mark, or part 
 thereof, if above 51. in value. 
 
 NmSANCE : 
 
 obstructing highway, &c. 
 
 Oaths (unlawful) : 
 
 administering, or causing to be 
 administered, oath to commit 
 treason, murder.orany felony 
 punishable with death. 
 
 taking same without being 
 compelled. 
 
 administering to, &c., or pre- 
 sent at, Ebdministration . of 
 oath to disturb public peace, 
 or engage in seditious pur- 
 poses, or taking same with- 
 out being compelled. 
 
 M, imp. not exceed- 
 1 yr. 
 
 M, Ibid 
 
 F, P. S. 6 yrs, and 
 not less than i yrs, 
 or imp. 2 yrs h. 1. 
 
 M, P. S, 5 yrs, or 
 imp, 2 yrs h, 1, or 
 fine. 
 
 P, death. 
 
 P, P. S. life, or imp. 
 
 2 yrs. 
 M, P. S. 10 yrs, or 
 
 imp. 2 yrs h. 1. 
 
 M, imp. 2 yrs h. 1. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s. c. 
 
 M, imp. 1 yr h. 1. 
 
 M, fine or imp. or 
 both. 
 
 P, P. S. life, and not 
 less than 15 yrs, or 
 imp. 3 yrs h 1, s. c. 
 
 P, P. S. life. 
 P, P. S. 7 yrs. 
 
 21 & 22 Vict. 
 90, s. 38. 
 
 Ibid. s. 39. 
 
 30 Vict. c. 13, s. 
 
 20&21Vict.c.54, 
 
 s. 10; 23 Vict. c. 
 
 18, s. 7. 
 24 & 25 Vict. 0. 
 
 100, S3. 1, 2, 3, 
 
 and 31 Vict. c. 
 
 24. 
 24 & 25 Vict. c. 
 
 lOO, a. 67. 
 24 & 25 Vict. c. 
 
 100, a. 4. 
 
 30 & 31 Vict. 0. 
 119, s. 5. 
 
 Ibid. s. 6. 
 
 Ibid. s. 7. 
 
 Common law. 
 
 i Geo. 3, c. 104, 
 !. 1. 
 
 Ibid. 
 
 37 Geo. 3, c. 123, 
 s. 1. 
 
cxlvi 
 
 Crimes and their Punishments. 
 
 Oaths (voluntary) : 
 . justice of tlie peace, or other 
 
 adininlstermg oatli when not 
 
 authorised by law. 
 
 Peejdrt : 
 perjury, or subornation of per- 
 jury. 
 
 Fersohation : 
 of soldiers for their prize 
 
 money, &c. 
 of seamen, see "Ships." 
 without lawful authority (onus 
 
 on accused), acknowledging. 
 
 recognisance, bail, cognovvb 
 
 actwnemf &c., or any iustm. 
 
 ment before judge or person 
 
 lawfully authorised in that 
 
 behalf. 
 
 Piracy : 
 
 • whether at common law or by 
 statute, 
 
 assaulting with intent to mur- 
 der, or stabbing, wounding, 
 &c.,or doins anyactwhereby 
 life may be endangered with 
 intent to commit, or at the 
 time, or immediately before, 
 or after committing piracy, 
 
 PoisoH, see " Malioious In- 
 juries," ante. 
 
 Police, see " Public Service," 
 
 PooB: 
 
 parish officer promoting mar- 
 riage of the mother of a 
 bastard child improperly. 
 
 wilfully injuring, &&, poor- 
 rate, book, or giving false 
 evidence before union assess- 
 ment committee. 
 
 person employed in execution 
 of a warrant for removal of 
 Irish poor wilfully deserting 
 pauper on the journey. 
 
 Post OrriOE : 
 stealing or embezzling letters.. 
 
 ditto, if contxdning money ... 
 
 stealing from letters or stealing 
 a post letter bag, letters from 
 it, or a mail, or stopping amail 
 
 stealing a post letter from a 
 post office packet. 
 
 M, fine or imp. or 
 both. 
 
 M, P. S. 7 yrs, or 
 imp. h.l,7yrs, and 
 incompetency as 
 witness, or fine and 
 
 imp. (h. 1, 3 Geo, 4, 
 0. Hi). 
 
 P, P. S. life. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h, 1, s. c. 
 
 P, the same as if a 
 robbery committed 
 upon land. 
 
 F, death (sentence 
 recorded 4 Geo. 4, 
 c. 48, s. 1 ; 2 & 3 
 Tiot. c. 56, s. 17.) 
 
 M, fine or imp, or 
 both. 
 
 M.Ibid 
 
 M, Fine, imp, in de- 
 fault not exceeding 
 3mths, 
 
 F, P. S, 7 yrs, or 
 imp. 3 yrs h.l, s.o. 
 
 F, hfe, or imp. 4 yrs 
 h. 1, s. 0, 
 
 F, Jbid 
 
 F, P, S. 14 yrs, or 
 imp. Syrah. 1,8.0. 
 
 5 & 6 Will, 4, «. 
 62, s. 13. 
 
 2 Geo. 2, li. 25, 
 
 s. 2. 
 
 9 ft 10 Vict. c. 
 24, s, 1. 
 
 24 & 25 Vict, c, 
 l,s,34. 
 
 7 & 8 Geo. 4, c. 
 28, B. 12. 
 
 7 Will. 4 & 1 
 Vict. 0.88,8.2. 
 
 7 & 8 Vict. c. 
 101, 8. 8. 
 
 25 & 26 Viot. c. 
 103, s. 40, 
 
 ! & 27 Tiot. c. 
 19, s, 4, 
 
 4 & 1 
 
 7 Will. 
 Vict. c. 36, s. 26. 
 Ibid. 
 
 Ibid. SB, 27, 28. 
 
 Ibid, 8, 
 
Crimes and th&ir PunishmMs, 
 
 cxlvii 
 
 Post Office (contwiued) ; 
 receiving letters, bags, money, 
 
 &o., stolen, embezzled, &o. 
 opening or delaying letters ... 
 
 retaining or secreting, or re- 
 fusing to deliver up letters, 
 &c., lost ormisdelivered. 
 
 stealing or detaining parlia- 
 mentary votes, &c., or news- 
 ^pers. 
 
 writing, &c., in newspapers 
 sent by peat. 
 
 forging the handwriting of the 
 Beceiver-Greneral of the Post 
 Office. 
 
 forging the superscription of 
 a post letter. 
 
 forging dies for marking post- 
 age or postage stamps, oq. 
 
 maMug m.oulcU, &c., used for 
 postage envelopes, &c. 
 
 having possession of postage 
 envelopes before issued for 
 public use. 
 
 accessories after the fact. 
 
 soliciting others td commit a 
 felony or misdemeanor. 
 
 officer of post office granting or 
 issuing Emy money order with 
 a fraudulent intent. 
 
 Peincipals is Second Deqbee, 
 see "Accessories," atde. 
 
 Peize FiftHT: 
 persons present mid aiding 
 thereat. 
 
 PiTBLic Service: 
 .larceny by servants 
 
 embezzlement ditto 
 
 Queen, The : 
 discharging, &c., firearms at or 
 near the person of the Queen 
 with intent to injure or 
 alarta her, &c. 
 producing gun or explosive 
 matter, &c., near the Queen, 
 ' ' with intent to use the same, 
 &c. 
 
 Bailwats : 
 
 servants of comimny guilty of 
 misconduct whilst employed, 
 or negligently doing or omit- 
 ting to do any act whereby 
 life shall be endangered or 
 trains impeded. 
 
 obstructing engines 
 
 P, P. S. life, or imp. 
 
 4 yrs h. 1, s. c, 
 M, fine or imp. or 
 
 both, h. 1, B. c, 
 M, fine and imp. h. 1, 
 
 s, c. 
 
 M, fine and imp. h. 1, 
 s. c. 
 
 H, fine or imp. or 
 
 both. 
 P, P. S. life, or imp. 
 
 4 yrs h. 1, s. o. 
 
 F, P. S. 7yrs 
 
 P, P. S. life, or imp. 
 
 4 yrs. 
 P, P. S. 7 yrSjOrimpf 
 
 23TS. 
 M, imp. 3 yrs. 
 
 F, imp. 2 yrs h. 1, 
 
 Mi Ibid 
 
 P, P. S. not less 
 tloan 5 yrs, or imp. 
 3 yrs. 
 
 M!, punishable as for 
 assault and riot. 
 
 F, P. S. 14 yrs, or 
 imp. 2 yrs h. 1, a. c. 
 F,Ibid. B.C. excepted 
 
 M, P. S. 7 yrs, or 
 imp. 3 yrs h. 1, w. 
 
 M. Ibid. 
 
 M, Imp. 2 yrs h. 1.,., 
 
 M, Ibid. 
 
 7WiU.4&lVict. 
 
 0.36,8.30. 
 Ibid. s. 25. 
 
 Ibid. B. 31. 
 
 Ibid. s. 32. 
 
 Ibid. s. 5. 
 Ibid. a. 33. 
 
 Ibid. s. 34. 
 
 3 & 4 Yict. c. 96, 
 s. 22. 
 Ibid. s. 29. 
 
 Ibid. a. 30. 
 
 7 Will. 4 &1 Vict, 
 c. 36, a. 35. 
 Ibid. s. 36. 
 
 11 & 12 Vict. ^. 
 88, a. 4. 
 
 Common law. 
 
 24 & 25 Vict, c: 
 96, a. 69. 
 Ibid. s. 70. 
 
 5 & 6 Vict. c. 51, 
 
 Ibid. 
 
 3&4Vict. C.97, 
 ss. 13, 14; 5&6 
 Yict.c.55,a.l7. 
 
 24 & 25 Vict. c. 
 97, a. 36. 
 
cxlriii 
 
 Crimea cmd their Punishments. 
 
 Post Office (continued) ; 
 
 ajiy person, by wilful omission 
 or neglect, endangering the 
 safety of any person con- 
 veyed, or being in or upon a 
 railway, and aiding or assist- 
 ing tberein. 
 
 placing anything on a railway, 
 or displacing rail or sleeper, 
 or divertin gpoints, or making 
 &c., signal, or maliciously 
 doing other matter with 
 intent in any of these cases 
 to obstruct, upset, or destroy 
 any engine, carriage, &c. 
 
 ditto witii intent to endanger 
 the safety of any person tra- 
 velling or being upon arailway 
 
 casting stone, &c., at en^e, &c. 
 
 « 
 
 Eafe 
 
 carnal knowledge of children 
 
 under ten, 
 ditto between ten and twelve... 
 
 attempt to have carnal know- 
 ledge of children tinder 12. 
 
 Beai. Estate : 
 
 (as to registration) making 
 material false statement, &h3., 
 or suppressing or concealing 
 from registrar material docu- 
 ments, &c., relating to land 
 put upon the registry. 
 
 fraudulently procuring, &c., 
 order of Court of Chancery 
 in relation to registered land, 
 or the entry on the register 
 of any caveat or notice of 
 a charge, &c. 
 
 declaration of title (similar 
 oiEences), 
 
 Keceitebs : 
 where principal offence a 
 felony. 
 
 where a misdemeanor. 
 
 Eegisters'; 
 
 births, deaths, marriages, 
 burials, baptisms, destroying 
 or defacing, or altering, or 
 forging or making false entry 
 in register, giving false cer- 
 tificate, or certifying any 
 writing to be true copy know- 
 ing it not to be such in any 
 materia] particular, or forg- 
 ing tbo seal of register office 
 or burial board, or uttering, 
 &c,, such fraudtilent register 
 or copy of entry. 
 
 Mjimp. 2yrBh. 1.... 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, male 
 under 16 w. 
 
 P, Ibid 
 
 F, P. S, life, or imp. 
 
 2 yrs h. 1. 
 P, P. S. life, or imp. 
 
 2 yrs h. 1. 
 F, P. S. life, or imp. 
 
 2 yrs h. 1. 
 F, P. S. 5 yrs, imp. 
 
 2 yrs h. 1. 
 M, imp. 2 yrs h. 1, 
 
 M,imp. 3 yrs h. 1, 
 or fine, as court 
 shall award. 
 
 M, imp. 3 yrs, or fine 
 as court may think 
 just. 
 
 Dl, similar punish- 
 ment. 
 
 F, P. S. 14 yrs, or 
 imp, 2 yrs h. 1, s. c, 
 male under 16 w. 
 
 M, P. S. 7 yrs, the 
 rest as above. 
 
 P, P. S. life, or imp. 
 2 yrs h. 1, s. c» 
 
 24 & 25 Vict. c. 
 100, s. 34. 
 
 24 & 25 Tict. c. 
 97, 8. 35, 
 
 Ibid. c. 100, s. 32. 
 
 Ibid. s. 33. 
 
 24 & 25 Tict. c. 
 100, a. 48. 
 Ibid. s. 50. 
 
 Ibid. a. 51. 
 
 Ibid. 8. 52. 
 
 25 & 26 Vict. u. 
 53, s. 105, 
 
 Ibid. BS.138, 139. 
 
 25 & 26 Vict. c. 
 67, ss. 44, 45. 
 
 24 & 25 Vict. c. 
 96, s. 91. 
 
 Ibid. 8. 95, 
 
 24 & 25 Vict. c. 
 98, S. 36. 
 
Crimes and their PunishmeMs. 
 
 cxlix 
 
 &E0ISIEB3 {amixmusi) ; 
 inserting, &o., false entry in 
 &ny copy o£ any re^ster di- 
 rected or required by law to 
 be transmitted to any regis- 
 trar, or forging or uttering 
 such, or signing, verifying, 
 &o., copy of register so cE- 
 rected or recLuired to be selit 
 which shall be false in any 
 part thereof, injuring, &c., 
 any such copy. 
 
 Eeqzsibatioit aitd Mabbuge 
 
 Acts ; 
 
 making false declaration, or 
 signing false notice as to 
 marriage, or falsely forbid- 
 ding the issue of the super- 
 intendent registrar's certifi- 
 cate. 
 
 making false statement for in- 
 sertion in register of birth, 
 death, or marriage. 
 
 solemnising marriage without 
 licence, or in unregistered 
 building. 
 
 superintendent registrar un- 
 duly issuing licence for or 
 solemnising marriage de- 
 clared void. 
 
 Eewabds ; 
 corruptly taking reward for 
 recovery of stolen property 
 without using due diligence 
 to cause offender to be 
 brought to trial. 
 
 ElOT 
 
 demolishing buildings ... 
 
 injuring buildings 
 
 offences against Itiot Act (1 
 Geo. 1, Stat. 2, c. 5). 
 
 seditious meetings, &c. 
 
 BoBBEBT, see ''Assault" and 
 " Larceny," ante, 
 
 Sacbilese 
 
 SAviires Banes : 
 any company, &c., using the 
 title " Savings Bank certified 
 under Act of 1863" not en- 
 titled thereto; 
 
 F, P. S. life, or imp. 
 2 yrs h. 1. s. o. 
 
 21 & 25 Yict. 
 98,s.87. 
 
 M, the penalties of 
 pejjuiy. 
 
 M, Ibid. 
 
 P, P. S 
 imp. 2 
 s. c, w. 
 
 F, Ibid. 
 
 7 yrs, oi 
 yrs h. 1, 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs h. 1, s, Cj 
 male under 18 w. 
 
 M, fine or imp, or 
 
 both (h. 1. 3 Geo. 4, 
 
 0. 114.) 
 F, P. S. life, or imp. 
 
 2 yrs h. 1, s. c. 
 M, P. a. 7 yrs, 
 
 imp. 2 yrs h. 1. 
 P, P. S. life, and not 
 
 less than 7 yrs, or 
 
 imp. 3 yrs. 
 
 M, P. S. 7 yrs, or 
 imp. 2 yrs. 
 
 P, P. S. life, or imp, 
 2 yrs h 1, s. c. 
 
 M, fine or imp, or 
 both. 
 
 64;7Wai.4,o.85, 
 
 s. 38; 7 Will. 
 
 & 1 Vict. c. 22 ; 
 
 3 & 4 Vict. 
 
 c. 72, s. 4 s 19 
 
 & 20 Tict. o. 
 
 119, ss. 2, 18. 
 6 & 7 "Will. 4, c. 
 
 86, s. 41. 
 
 6 & 7Wm. 4. c. 
 85, s. 39. 
 
 7Will.4&lViot. 
 c. 22, S.3. 
 
 24 & 25 Yict. u. 
 96, s. 101. 
 
 Common law. 
 
 24 & 25 Vict. (!. 
 97, s. 11. 
 Ibid. s. 12. 
 
 7 WiU. 4 & 1 
 Tict. c. 91, ss. 
 1, 2; 20 & 21 
 Vict. c. 3, 8. 2 ; 
 9 & 10 Tict. c. 
 24, s. 1. 
 
 39 Geo. 3, e. 79. 
 
 24 & 25 Yict. u. 
 96, s. 60. 
 
 26 & 27 Vict. 0. 
 87, s. 5. 
 
 J 3 
 
cl 
 
 Crimes and their PunishmenU. 
 
 Savings Banks (contwued) : 
 officer of, receivmg deposits 
 and not duly accounting for 
 them. 
 
 Scales and Weights : 
 selling by false 
 
 Sebvanis : 
 
 master or mistress neglecting 
 to provide necessary food, 
 clothing, and lodging for 
 servant or apprentice. 
 
 unlawfully doing or causing 
 bodily harm to he done to 
 servant or apprentice so as 
 to endanger health, or render 
 likely to be permanently in- 
 jured. 
 
 Ships : 
 
 uttering false petitions, certi- 
 ficates, &c., in order to sus- 
 tain claim to payment from 
 the compassionate fund of 
 , the navy, &c. 
 
 personating anyone entitled to 
 pay, wages, prize money, &c., 
 payable from Admiralty. 
 
 masters of ships using impro- 
 per certificate of registry, 
 permitting to he carried 
 papers, &c., with intent to 
 condeaJ. British bhara,cter of 
 ship, or td assume foreign 
 character, or making false 
 declarations of qualifications 
 of owners, falsifying agree- 
 ments of seamen, or assisting 
 therein, &c., not making re- 
 ports of chaxUcter of pennons 
 discharged before snipping 
 master, or making false re- 
 ports of service, &c., foz'cing 
 seamen or apprentices on 
 shore, or leaving them he- 
 hind before completion of 
 voyage, discharging or leav- 
 ing apprentice abroad with- 
 out certificate of some func- 
 tionary, misconduct, breach 
 of duty, &c., endangering the 
 ship, or life, or limb, destroy- 
 ing, mutil&tiug, &c., any 
 entry in official logs, or 
 Inaking a false entry therein, 
 owners and masters not 
 obeying regulations coiScem- 
 ingl^hts, fog signals, sailing 
 rules in Act 25'& 26 Tict. c. 
 63. 63. 25, 26, 27. 
 
 t>ilot, guilty of breach of duty, 
 endangering ship, life,orlimb« 
 
 M, fine or imp, or 
 both. 
 
 M, fine or imp, or 
 both. 
 
 M, P. S. 5 yrs, 
 imp. 2 yrs h. 1. 
 
 M,Ibid. 
 
 M, P. S. 5 yrs, or 
 imp.2yr'sh<l, s. c. 
 
 M,Ibid. 
 
 M, fine or imp. 
 h. 1. (misdemean- 
 ors under 17 & IS 
 Vict. c. 104, may he 
 dealt with in a sum- 
 mary manner.) 
 
 M Ibid. 
 
 26 & 27 Viot. c. 
 87, s. 9. 
 
 Comnion law. 
 
 24 & 25 Viot. 
 100, s. 26. 
 
 Ibid. 
 
 2s & 29 Tict. 
 12A, a. 6.' 
 
 Ibid. o. 8. 
 
 17 & 18 Vict. o. 
 104,25&26Vict. 
 c. 63, and for 
 o:Sencea at sea 
 see 30 & 31 Vict. 
 0.124. 
 
 17 & 18 Viot. 
 IM, 8. 366. 
 
crimes and their Punishments. 
 
 dli 
 
 Ships (cowtmusd) : 
 
 ahim)ing master or other public 
 Officer, panting or issuing 
 any money order witk a 
 fraudulent intent. 
 
 forg:ing or assisting in forging 
 any register, book, certificate 
 of surveyor, of registry, of 
 ownersbip, bill of sale, mort- 
 gage, &c. 
 
 s^ing wreck or part of cargo 
 in- foreign port. 
 
 forgery or making false repre* 
 aentations in order to obtain 
 money deposits in a seamen's 
 savings banki or any interest 
 thereon, or assisting therein. 
 
 the like, in relation to the Mer- 
 chant Seaman's Fund. 
 
 fraudulently altering forms 
 issued by Board of Trade, 
 making, &c., false' represen- 
 tations for obtaining certifi- 
 cate of competency or ser- 
 vice, or m.aking use of forged 
 certificate, falsifying agree- 
 ment with seamen, making 
 or procuring to be made 
 fal^e certificate of service, 
 &c., or forging certificate, 
 forgery or false representa- 
 tions in order to obtain wages 
 or property of deceased sea,- 
 men, forgery or false repre- 
 sentation in support of appli- 
 cation to Admir&lty for com- 
 pensation on account of seft- 
 men volunteering into the 
 navy, forging or altering cer- 
 tificate of Board, of Trade as 
 to passenger steamer, and 
 see " Malicious Injuries" and 
 •* Arson." 
 
 falsely confessing to have de- 
 serted from marine forces* 
 
 Smuggling > 
 
 making signals to smuggling 
 vessels, after sunset and be- 
 fore sunrise, between 21st 
 Sept. and Ist April, or after 
 8 p.m. and before 6 a.m. at 
 any other part of the year. 
 
 armed assemblies, to the num- 
 ber of three or more, for smug- 
 gling, or persons assisting 
 therein. 
 
 -'Shooting at boats,' &c., within 
 100 leagues, or wounding 
 officers, &c. of the navy. 
 
 in company with more than four 
 others with smuggled goods, 
 or with one other person with 
 goodSfOrarmedand disguised* 
 
 F, P. S. 5 yrs. 
 
 F, P. S. 7 yrs, or 
 imp. 2 yrs. 
 
 F, P. S. 5 yrs. 
 
 M, P. S. 5 yrs, or 
 imp. 2 yrs h. 1, or 
 summarily. 
 
 M, P. S. 7 yrs, or 
 
 summarily. 
 Pine or imp. h. 1, 
 
 and summarily. 
 
 M, P. S. 7 yrs, or 
 fine or imp, or both, 
 the imp. with h. 1, 
 s. c. 
 
 M, fine lOOZ, or imp. 
 lyrh.L 
 
 F, P. S.life,notless 
 than 15 yrs, or imp. 
 3 yrs h. 1, s. c. 
 
 F, Ibid. 
 
 P, P. S. 7 yrs. 
 
 17 & 18 Vict. c. 
 104, 8. 179. 
 
 Ibid. s. 101, and 
 7 & 8 Geo. 4, c. 
 28, ss. 8,9. 
 
 17 & 18 Vict. c. 
 
 104, s. 479. 
 19 & 20 Vict. c. 
 
 41, s. 6. 
 
 14 & 15 Vict. c. 
 
 102, s. 55. 
 17 & 18 Vict. c. 
 
 104, s. 518. 
 
 30 Vict, 
 s. 53. 
 
 14, 
 
 16 & 17 Vict. c. 
 107, s. 244. 
 
 Ibid. B. 248. 
 
 Ibid. s. 249. 
 Ibid. s. 250. 
 
clii 
 
 Grimes and their Punishments.' 
 
 SutiooLiiia (contmwcl) : 
 , assaulting or opposing officers 
 
 on duty, 
 tlie like while aearcbing for 
 
 goods. , 
 
 SODOItT (AND BESIIAUTT) 
 
 attempt to commit, or assault 
 .with intent to commit the 
 same, or an indecent assault 
 upon male. 
 
 Sfbikq Quns and Man Tkafs : 
 placing, &C. of. 
 
 SlOCEINa Fhaues : 
 selling or disposing of hired 
 stocking frames,&c.,or receiv- 
 ing, or purchasing same. 
 
 StTBSEftUEHT FeIOMT : 
 
 committing felony, not punish- 
 able with death (not being 
 simplelarcenyj^Ji & 25 Vict, c, 
 96, s, 7) committed after pre- 
 vious conviction for felony, 
 
 SniciDE : 
 attempting to commit. 
 
 TELEaKAFHS, See " Malicious In- 
 juries." 
 
 Tbade Mabes : 
 
 with intent to defraud, or to 
 enable another to defraud, 
 forging or falsely applying 
 any trade mark, or any forged 
 trade mark to any chattel or 
 article. 
 
 with intent to defraud, or to 
 enable another to defraud, 
 applying a forged trade mark 
 to any vessel, wrapper, &c. 
 
 persons aiding in commission 
 of the above offences. 
 
 TKADIUa COMPAHIES !' 
 
 director, officer, or contributory 
 of company wound up, falsi- 
 fying books, &c., with intent 
 to defraud or deceive. 
 
 anv person upon oath, affidavit, 
 '&C.J vrilfully and corruptly 
 giving false evidence. 
 
 M, P. S. 7 yrs, or 
 imp. 3 yrs h. 1. 
 
 M, imp. 3 yrs h. 1, 
 in lieu, or in addi- 
 tion to any other 
 punishment or 
 penalty. 
 
 P. S.life,andnotless 
 
 than 10 yrs. 
 M, P. S. 10 yrs, and 
 
 imp. 2 yrs h. 1> 
 
 M, P. S. 5 yrs, or 
 imp, 2 yrs h. 1. 
 
 M, imp. 1 yr, not 
 lessthanSmths s.c. 
 
 F, P. S. life, and not 
 less than 7 yrs, or 
 imp. not exceeding 
 4 yrs h. 1, s. c, w. 
 
 IVI, fine, or imp. h. 1 
 (3 Geo. 4,0.114), or 
 both. 
 
 M, imp. 2 yrs h. 1, 
 or fine, or both Imp. 
 and fine, and imp. 
 till fine be paid. ' 
 
 M, Ibid, articles to 
 be forfeited or de- 
 stroyed. 
 
 M, Ibid. 
 
 M, imp. 2 yrs h. 1... 
 
 M, penalties of per- 
 
 16 & 17 Tiot. c. 
 
 107, s. 251. 
 7 & 8 Geo. i, c. 
 
 53, ss. 40, 43. 
 
 24 & 25 "Vict. c. 
 100, 3. 61. 
 Ibid. s. 62. 
 
 24 & 25 Vict. c. 
 100, s. 31. 
 
 iS Geo. 3, c. 55, 
 ss. 2, 3. 
 
 30 & 21 Vict. 0. 
 3, s. 2, and 27 & 
 28 Vict. 0. 47, 
 
 3.1. 
 
 Common law. 
 
 25 & 26 Vict. o. 
 88, s. 2. 
 
 Ibidt s. 3, 
 
 Ibid. s. 13. 
 
 25 & 26 Vict. 0. 
 89, s. 166. 
 
 Ibid. s. 169. 
 
Crimes and their PunishmenU. 
 
 cliii 
 
 Trasiitg Cohfahtxes (contvtmed,) : 
 
 a director^ maziager, or officer 
 of a company wilfully con- 
 cealing' the name of a creditor 
 entitledto object to reduction 
 of capital, or miBrepresenting 
 the nature or aJnount of debt 
 of a creditor, or director, or 
 manager, aiding or abetting, 
 or being privy to such conceal- 
 ment or misrepresentation. 
 
 forging, or uttering, &c. ashare, 
 warrant or coupon, or a docu- 
 ment, purporting to be such, 
 or endeavouring to get divi- 
 dend by means of forged 
 share warrant, &c. 
 
 personating owner of share in 
 company, or of share warrant, 
 or coupon, and obtaining or 
 endeavouring to obtain same 
 or any money due to owner. 
 
 engraving on plate, &c., any 
 share, warrant, or coupon, or 
 having possession, thereof. 
 
 Treason 
 
 compassing or devising, &c., to 
 depose Her Majesty or to levy 
 war, in order to intimidate 
 either House of Parliament, 
 of to Stir up foreigners by 
 publishing any printing or 
 writing. 
 
 accessories after the fact 
 
 Tbeastibe Trove: 
 concealing the finding from the 
 Crown. 
 
 Taccihatiok : 
 signing false certificate of suc- 
 cessful vaccination. 
 
 Valuable Secusitt, see "Lar- 
 ceny" and '• raise Pretences." 
 
 Vehdoes : 
 seller or mortgagor of land or of 
 chattels, real or personal, or 
 closes m action conveyed to 
 purchaser, or mortgagee, or 
 solicitor, or agent of such, 
 concealing any instrument 
 material to the title, or falsi- 
 fying pedigree in order to in- 
 duce the acceptance of title 
 produced, and with intent to 
 defraud. 
 
 M, fine or imp, or 
 both. 
 
 F, P. S. life, or imp. 
 2 yrs h. 1, fl. c. 
 
 F, Ibid. 
 
 P, P. S. 14 yrs, or 
 imp.2yrsh,i, s. c. 
 
 Death for offences 
 against Sovereign, 
 against others P. S, 
 lue, or imp. 2 yrs. 
 
 P, P. S. life, or imp. 
 2 yrs h. 1. 
 
 P, imp. 2 yrs h. 1. ■ 
 
 M, fine or imp. or 
 both. 
 
 M, fine or imp. or 
 both. 
 
 M, fine and imp.2 yrs 
 h. IjOrfineorbothas 
 
 court shall award, 
 and liability to ac- 
 tion for damages. 
 
 30 & 31 Vict, c, 
 131, B, 19. 
 
 Ibid. B. 34. 
 
 Ibid. 
 
 Ibid. 
 
 11 Vict. c. 12. 
 
 Ibid. s. 3. 
 
 Ibid. s. S. 
 
 Common law. 
 
 30 & 31 Vict. c. 
 
 84, s. 30. 
 
 22 & 23 Vict. c. 
 35, s. 24j and 
 23 & 24 Vict. c. 
 
 38, 8. 8. 
 
cliv 
 
 Crimes and their 'Punishments. 
 
 War Defabtmeno: : 
 
 without lawful authority (onus 
 on accused) applying any of 
 the anthorieed marks of own- 
 ership, in or on any stores. 
 
 obliteratii^ mark, with intent 
 to conceal Her Majesty's pro- 
 perty in stores. 
 
 without lawful authority (onus 
 on accused) receiTing,i>08sess- 
 iagt selling, &c., any stores 
 beaTing su^ mark, or part of 
 such mark, knowing them to 
 hear such mark. 
 
 ■Witchcraft; 
 pretending to use, or pretend- 
 ing from skill in occult science 
 to discover where goods lost 
 or stolen ma^ be found. 
 
 WOMEIT: 
 
 by false pretences, false repre- 
 sentations, or other fraudu- 
 lent means, procuring any 
 woman under twenty-one to 
 have illicit connection with 
 a man. 
 
 Works of Art, see "Malicious 
 Injuries." 
 
 Workshop Eegtjlatioh" r 
 forging, or counterfeiting certi- 
 ficate required by act, or 
 giving, or signing such falsely, 
 or making use of forged cer- 
 tiiicate, or conniving at these 
 
 forging Home Secretary's cer- 
 tificate of appointment of In- 
 spector or Sub-Inspector of 
 factories, or makiag use of 
 forged certificate, or falsely 
 pretending to be Inspectoror 
 Sub-]ji8pector of factories. 
 
 WouHbUTS, see " Assault," and 
 "Malicious Injuries," ante. 
 
 M, imp. 2 yrs h, 1. 
 
 F, P. S. 5 yrs, or 
 imp. 2 yrs h, 1, s, c. 
 
 M, imp. 1 yr h. 1. 
 
 M, imp. 1 yr, sure- 
 ties for good be- 
 haviour. 
 
 M, imp. 2 yrs h. I.. 
 
 M, imp. 3 mths h. 1. 
 
 M, Ibid. 
 
 30 & 31 Vict. u. 
 128, B. 5. 
 
 Ibid. s. 6. 
 
 Ibid. s. 7. 
 
 9 Geo. 2, c. 5, H. 
 
 24 & 25 Vict. c. 
 100, 8. 49. 
 
 » & 31 Vict. 
 146, s. 17. 
 
 Ibid. s. 20, 
 
THE 
 
 CRIMINiL LAW 
 CONSOLIDATION ACTS. 
 
Ctimiral lato 
 
 CONSOLIDATION ACTS, 1861. 
 
 I. 
 
 ACCESSORIES AND ABETTORS ACT. 
 
 24 & 25 Vict. cap. 94. 
 
 An Actio consolidate and amend the Statute Law 
 of England and Ireland relating to Accessories 
 to and Abettors of indiotcdik Offences. — 
 [6<A August, 1861.] 
 
 WHEEEAg it is expedient to consolidate and amend 
 the statute law of England and Ireland relating to 
 accessories to and abettors of indictable offences: 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 As to accessories before the fact : 
 1. Whosoever shall become an accessory before AccesBoneB 
 
 Tiiii -u before the 
 
 the fact to any felony, whether trie same be a fact may be 
 felony at common law or by virtue of any act ^«* J^* ^^ 
 passed or to be passed, may be indicted, tried, prinoipais. 
 convicted, and punished in all respects as if he 
 were a principal felon. 
 
 B 
 
2 Accessories and Abettors Act, 
 
 Accessories 2. (') Whosoever shall counsel, procure, or 
 fact'may\e command any otlier person to commit any felony, 
 indicted as whether the same be a felony at common law or 
 
 such, or as , n i i j -u n 
 
 auhstantive by Virtue of any ,aot passed or to be passed, snail 
 felons. i^g guilty of felony, and may be indicted and con- 
 
 victed either as an accessory before the fact . to 
 the principal felony, together with the principal 
 felon, or after the conviction of the principal 
 felon, or may be indicted and convicted of a sub- 
 stantive felony whether the principal felon shall 
 or shall not have been previously convicted, or 
 shall or shall not be amenable to justice, and 
 may thereupon be punished in the same manner 
 as any accessory before the fact to the same felony, 
 if convicted as an accessory, may be punished. 
 
 As to accessories after the fact : 
 
 ■'\t°°th"^t°^t 3. Whosoever shall become an accessory after 
 may be in- the fact to any felony, whether the same be a 
 suoh.'^or'as felony at common law or by virtue of any act 
 suistantive passed or to be passed may be indicted and con- 
 victed either as an accessory after the fact to the 
 principal felony, together with the principal felon, 
 or after the conviction of the principal felon, or 
 may be indicted and convicted of a substantive 
 felony, whether the principal felon shall or shall 
 not have been previously convicted, or shall or 
 shall not be amenable to justice, and may there- 
 
 Q In Beg. v. Gregai-y (10 Cox Crim. Cas. 459 ; 36 L. J. 
 M. C. 60) it was held that a person cannot be indicted under 
 thie section for counselling another to commit a felony 
 unless a felony be actually committed by such other person. 
 The proper course is to indict as at common law for the 
 misdemeanor of melting to commit a felony. In this case 
 Kelly, 0. B., said; "Looking at the provisions of the 
 statute, I think It is absolutely necessary to support a con- 
 viction under the above section that a substantive felony 
 •has been committed by the person counselled. That is the 
 grammatical construction of the section. How can there be 
 an accessory before the fact to the ' principal felony,' or 
 a ' principal felon,' if no felony has been committed ? The 
 offence committed therefore is properly charged as a mis- 
 demeanor, and the conviction is right." 
 
24 ^ 25 Vict. cap. 94. ' 3 
 
 upon be punisted in like manner as any accessory 
 after the fact to the same felony, if cpnvicted as 
 an accessory, may be punished. 
 
 4. Every accessory after the fact to any felony Punishment 
 (except where it is otherwise specially enacted), "orierafter 
 whether the same be a felony at common law or 'i^^ '"ot 
 by virtue of any act passed or to be passed, shall 
 
 be liable, at the discretion of the court, to be im- 
 prisoned in the common gaol or house of correc- 
 tion for any term not exceeding two years, with 
 or without hard labour, and it shall be lawful for 
 the court, if it shall think fit, to require the 
 offender to eniet into his own recognisances, and 
 to find sureties, both or either, for keeping the 
 peace, in addition to such punishment : provided 
 that no person shall be imprisoned under this 
 clause for not finding sureties for any period 
 exceeding one year. 
 
 As to accessories generally : 
 
 5. If any principal offender shall be in anywise Prosecution 
 convicted of any felony, it shaU be lawful to pro- atte°?°''""^ 
 ceed against any accessory, either before or after principal 
 the fact, in the same manner as if such principal convicted, 
 felon had been attainted thereof, notwithstanding attoSitea. 
 such principal felon shall die, or be pardoned, or 
 otherwise delivered before attainder ; and every 
 
 such accessory shall upon conviction suffer the 
 same punishment as he would have suffered if the 
 principal had been attainted. 
 
 6. Any number of accessories at different times Several 
 to any felony, and any number of receivers at marbe™^ 
 different times of property stolen at one time, included in 
 may be charged with substantive felonies in the indictment 
 same indictment, and may be tried together, not- 5^^™^^) 
 withstanding the principal felon shall not be in- (eion not 
 eluded in the same indictment, or shall not be in ™'' " ° 
 custody or amenable to justice. 
 
 B 2 
 
i Accessories and Abettors Act, 
 
 Trial of 7. Where any felony shall have been wholly 
 
 accessories, committed within England or Ireland, the offence 
 of any person who shall be an accessory either 
 before or after the fact to any such felony may 
 be dealt with, inquired of, tried, determined, and 
 punished by any court which shall have jurisdic- 
 tion to try the principal felony, or any felonies 
 committed in any county or place in which the 
 act by reason whereof such person shall have 
 become such accessory shall have been committed ; 
 and in every other case the offence of any person 
 who shall be an accessory either before or after 
 the fact to any felony may be dealt with, in- 
 quired of, tried, determined,- and punished by any 
 court which shall have jurisdiction to try the 
 principal felony or any felonies committed in any 
 comity or place in which such person shall be 
 apprehended or be in custody, whether the 
 principal felony shall have been committed on the 
 sea or on the land, or begun on the sea and com- 
 pleted on the land, or begun on the land and 
 completed on the sea, and whether within Her 
 Majesty's dominions or without, or partly within 
 Her Majesty's dominions and partly without; 
 provided that no person who shall be once duly 
 tried either as an accessory before or after the 
 fact, or for a substantive felony under the pro- 
 visions hereinbefore contained, shall be liable to 
 be afterwards prosecuted for the same offence. 
 
 As to abettors in misdemeanors : 
 
 Abettors la 8. Whosoever shall aid, abet, counsel, or pro- 
 norsI*™^°^ cure the commission of any misdemeanor, whether 
 the same be a misdemeanor at common law or by 
 virtue of any act passed or to be passed, shall be 
 liable to be tried, indicted, and punished as a 
 principal offender. 
 
 As to other matters : 
 As ^ ^^ 9. Where any person shall, within the juris- 
 
24 ^ 25 Vicf. cap. 94. 5 
 
 diction of the Admiralty of England or Ireland, °°5™"^'* 
 become an accessory to any felony, whether the juriadiotion 
 same be a felony at common law or by virtue of Admiralty. 
 amy act passed or to be passed, and whether such 
 felony shall be committed within that jurisdiction 
 or elsewhere, or shall be begun within that jiiris- 
 diction and completed elsewhere, or shall be begun 
 elsewhere and completed within that jurisdiction, 
 the offence of such person shall be felony ; and in 
 any indictment for any such offence the venue in 
 the margin shall be the same as if the offence 
 had been committed in the county or place in 
 which such person shall be indicted, and his 
 offence shall be averred to have been committed 
 " on the high seas ;" provided that nothing herein 
 contained shall alter or affect any of the laws 
 relating to the government of Her Majesty's land 
 or naval forces. 
 
 10. Nothing in this act contained shall extend ^^"^Sd't'o 
 to Scotland, except as hereinbefore otherwise Scotland. 
 expressly provided. 
 
 11. This act shall commence and take effect S^^Xo^att 
 on the first day of November one thousand eight 
 hundred and sixty one. 
 
n. 
 CRIMINAL STATUTES REPEAL ACT. 
 
 24 & 25 ViOT. CAP. 95. 
 
 An Act to repeal certain Enactments which have 
 been consolidated in several Acts of the present 
 Session relating to indictable Offences and other 
 Mvtters. — [6«A August, 1861.] 
 
 Wheeeas by six several acts of the present 
 session of Parliament, relating respectively to 
 offences against tlie person, malicious injuries to 
 property, larceny, forgery, coining, and acces- 
 sories and abettors, divers acts and parts of acts 
 have been consolidated and amended, and it is 
 expedient to repeal the enactments so consoli- 
 dated and amended, and certaia other enactments : 
 Be it therefore enacted by the Queen's most excel- 
 lent Majesty, by and with the advice and consent 
 of the Lords spiritual and temporal, and Commons, 
 in this present ParKament assembled, and by the 
 authority of the same, as follows : 
 
 Repeal of 1. The several acts and parts of acts in the 
 
 parts'"? acta schedule' hereto annexed shall continue in force 
 mentioned until and throughout the last day of October in 
 ■ the present year, and shall from and after that 
 day be repealed to the extent following ; (that is 
 to say,) in any case where the enactment does not 
 form part of the law of Scotland then the enact- 
 ment shaU be wholly repealed, but in any case 
 where the enactment does form part of the law of 
 Scotland, then the enactment shall be wholly 
 repealed as to every other place, but shall not be 
 repealed as to Scotland, unless otherwise expressly 
 mentioned. 
 
24 ^ 25 Vict. cap. 95. 7 
 
 2. Provided, that where any enactment shall ^p??^ ^^i 
 have been extended to any part of Her Majesty's colonies in 
 dominions out of the United Kingdom by any °^"°''""'*^^'' 
 Act of the Pai'liament of the United Kingdom or 
 otherwise, the same shall not be repealed as to 
 
 that part of Her Majesty's dominions. 
 
 3. Provided also, that every offence which shall Bepsai not 
 have been wholly or partly committed against offences, &c. 
 any of the said acts or parts of acts before this ^^^^^^ 
 act comes into operation shall be dealt with, in- oommenoe- 
 quired of, tried, determined, and pmiished, and^™'°'*" 
 every penalty in respect of any such offence shall 
 
 be recovered in the same manner as if the said 
 acts and parts of acts had not been repealed ; and 
 that every act duly done, and every warrant and 
 other instrument duly made or granted, before 
 this act comes into operation, shall continue and 
 be of the same force and effect as if the said acts 
 and parts of acts had not been repealed; and that 
 every right, liability, privilege, and protection in 
 respect of any matter or thing committed or done 
 before this act comes into operation shall con- 
 tinue and be of the same force and effect as if the 
 said acts and parts of acts had not been repealed ; 
 and that every action, prosecution, and other 
 proceeding which shall have been commenced 
 before this act comes into operation, or shall 
 thereafter be commenced, in respect of any such 
 matter or thing, may be prosecuted, continued, 
 and defended in the same manner as if the said 
 acts and parts of acts had not been repealed. 
 
 4. Provided also, that nothing herein contained Bepeainot 
 
 ■11,. ,, S? i *° ™ect any 
 
 shall m any manner alter or affect any power or authority to 
 authority given by any act to alter or amend any rSfSsrs of 
 register of births, baptisms, marriages, deaths, or Wrths, &e. 
 burials. 
 
Criminal Statutes Repeal Act, 
 
 THE SCHEDULE. 
 
 Inferences to Act- 
 
 Title of Act 
 
 Extent of Bepeal. 
 
 10 Car. 1, seas. 
 3, c. 20 (I.) 
 
 7 Will. 3, c 18 
 (10 
 
 2 & 3 Ann, u. 4 
 
 6 Ann, o. 2 (I.) 
 
 € Ann, u. 35 
 
 An Act against such as shall levie 
 any fine, suffer any recovery, ac- 
 knowledge any statute, recogni- 
 sance, baile, or judgment in the 
 name of any other person or per- 
 sons not being privie and consent- 
 ing thereto. 
 
 An Act for taking special bails in 
 the country upon actions and suits 
 depending in the Courts of King's 
 Bench, Common Fleas, and Ex 
 chequer at Dublin. 
 
 An Act for the public registering of 
 deeds, conveyances, and wills that 
 shall be made of any honors, 
 manors, lands, tenements, or here- 
 ditaments within the West Biding 
 of the county of Xork after the 
 nine-and-twentieth day of Sep- 
 tember one thousand seven hun- 
 dred and four. 
 
 An Act for the public registering of 
 all deeds, conveyances, and wills 
 that shall be made of any honors, 
 manors, lands, tenements, or here- 
 ditaments. 
 
 An Act for the public registering of 
 all deeds, conveyances, wills, and 
 other incumbrances, that shall be 
 made of, or that may affect any 
 honors, manors, lands, tenements, 
 or hereditaments within the East 
 Biding of the county of York, or 
 the town and county of the town 
 of Kingston-iipon Hull, after the 
 nine-and-twentieth day of Sep- 
 tember one thousand seven hun- 
 dred and eight ; and for the ren- 
 dering the register in the West 
 Biding more complete. 
 
 The whole. 
 
 Section four. 
 
 So much of sec- 
 tion nineteen as 
 relates to any 
 forging or coun- 
 terfeiting there- 
 in mentioned. 
 
 So much of sec- 
 tion seventeen 
 as relates to 
 any forging or 
 counteireiting 
 therein men- 
 tioned. 
 
 So mnch of seo^ 
 tion twenty-six 
 as relates to 
 any forging or 
 counterfeiting 
 therein ' men- 
 tioned. 
 
24 ^ 25 Vict. cap. 95. 
 
 Beferencea to Act 
 
 7 Ann, c. 20 
 
 8 Ann, c. 10 (I.) 
 
 8 Geo. 1, c 15 
 (I) 
 
 11 Geo. 1, c. 9 
 
 Title of Act 
 
 An Act for the public registering of So much of sec- 
 deeds, conveyances, and wills, and tion fifteen 
 otherincambrances, which shall be relates to any 
 made of, or that may affect honors, forging or conn- 
 manors, lands, tenements, or here- terfeitingthere- 
 ditaments within the county of in mentioned. 
 Middlesex after the twenty-ninth 
 day of September one thousand 
 seven hun(b;ed and nine. 
 
 An Act foramending an Act intituled 
 "An Act for the public registering 
 of all deeds, conveyances, and 
 wills that shall be made of any 
 honors, manors, lands, tenements, 
 or hereditaments." 
 
 An Act for explaining and amending 
 two several Acts in relation to 
 the public registering of deeds, 
 conveyances, and wills. 
 
 Extent of Bepeal. 
 
 So much of sec- 
 tion four as re- 
 lates to any 
 forging orcoun- 
 terfeiting there- 
 in mentioned. 
 
 So much of sec- 
 tion four as 
 relates to any 
 forging or coun- 
 terfeiting there- 
 in mentioned. 
 
 An Act for continuing the several^ Section six. 
 annnities of eighty-eight thousand 
 sevenhundredandfifty-one pounds 
 seven shillings and tenpence half- 
 penny and one hundred thousand 
 pounds to the Bank of England 
 until Midsummer one thousand 
 seven hundred and twenty-seven, 
 and from thence for reducing the 
 same to seventy-one thousand and 
 one pounds two shillings and three- 
 pence three farthings and eighty 
 thousand pounds, redeemable by 
 Parliament, and for preventing the 
 uttering of forged, counterfeited, 
 or erased bank bills or notes. 
 
 12 Geo. 1, c. 32 An Act for better secnrmg the Section nine, 
 moneys and effects of the suitors of 
 the Court of Chancery, and to pre- 
 vent the counterfeiting of East 
 Indk bonds, and indorsements 
 thereon ; as likewise indorsements 
 on South Sea bonds. 
 
 3 Geo. 2, c. 4 (I.) An Act for the more effectual pre- Section one. 
 venting and further punishmentof 
 forgery, perjury, and subornation 
 of perjury, and to make it felony, 
 to steal bonds, notes, or other seou- 
 b3 
 
10 
 
 Criminal Statutes Eepeal Act, 
 
 References to Act. 
 
 8 Geo. 2, c. 6 
 
 15 Geo. 2, 0. 13 
 
 17 Geo. 2, o, 11 
 
 13 & 14 Geo. 3, 
 c. 14 (I.) 
 
 21 & 22 Geo. 3, 
 c. 16 (I.) 
 
 23 & 24 Geo. 3, 
 c. 22 (I.) 
 
 25 Geo. 3, u. 37 
 
 Title of Act 
 
 rities for payment of money, and 
 for the more effectual transpOTting 
 felons, vagabonds, and others. 
 
 An Act for the public registering of 
 all deeds, conveyances, wills, and 
 other incumbrances that shall be 
 made of, or that may affect any 
 honors, manors, lands, tenements, 
 or hereditaments within the North 
 Biding of the county of York, after 
 the nine -and -twentieth day of 
 September one thousand seven 
 hundred and thirty-six. 
 
 An Actfor establishing an agreement 
 with the Governor and Oompany 
 of the Bank of England for advan- 
 cing the sum of one million six 
 hundred thousand pounds towards 
 the supply for the service of the 
 year one thousand seven hundred 
 and forty-two. 
 
 An Act for (he amendment of the 
 law in relation to forgery, and the 
 salvage of ships and goods stranded 
 
 An Act for the more effectual pre- 
 venting the forging or altering the 
 acceptance or indorsement of bills 
 of exchange, or the numbers or 
 principal sums of accountable re- 
 ceipts for notes, bills, or other 
 securities for payment of money, or 
 warrants or orders for payment of 
 money or delivery of goods. 
 
 An Act for establishing a bank by 
 the name of the Governor and 
 Company of the Bank of Ireland. 
 
 AnAct for better securingthemoneys 
 and effects of the suitors of the 
 Court of Chancery and the Court 
 of Exchequer by depositing the 
 same in the National Bank; and to 
 prevent the forging and counter- 
 feiting any draft, order, or other 
 voucher for the payment or de- 
 livery of such money or effects ; 
 and for other pui'poses. 
 
 An Act to explain and amend an 
 Act passed in the thirteenth and 
 fourteenth years of the reign of 
 
 , his present Majesty King George 
 
 Extent of BepeaL 
 
 So much of sec- 
 tion thirty-one 
 as relates to 
 any forging or 
 counterfeiting 
 therein men- 
 tioned. 
 
 Section twelve. 
 
 Section one. 
 The whole. 
 
 Sections fifteen 
 and sixteen. 
 
 Section twenty- 
 two. 
 
 The whole. 
 
24 ^ 25 Vict. cap. 95. 
 
 11 
 
 ReferenceB to Act. 
 
 Title of Act 
 
 Extent of Repeal. 
 
 27 Geo. 3, 0. 15 
 
 (10 
 
 the Third, intituled " An Act for 
 the more effectually preventing the 
 forging or altering the acceptance 
 or indorsement of bills of ex- 
 change, or the numbers or princi- 
 pal sums of accountable receipts 
 for notes, bills, or other securities 
 for payment of money, or warrants 
 or orders or payment of money or 
 delivery of goods." 
 An Act to prevent tumultuous ris- 
 ings and assemblies, and for the 
 more effectual punishment of per- 
 sons guilty of outrage, riot, and 
 illegal combination, and of ad- 
 ministering and taking unlawful 
 oaths. 
 
 35 Geo. 3, u. 66 An Act for making part of certain 
 principal sums or stock and annui- 
 ties raised or created or to be 
 raised or created by the Parlia- 
 ment of the Kingdom of Ireland on 
 loans for the use of the govern- 
 ment of that kingdom transferable, 
 and the dividends on such stock 
 and annuities payable at the Bank 
 of England; and for the better 
 security of the proprietors of such 
 stocks and annuities, and of the 
 Governor and Company of the 
 Bank of England. 
 An Act to prevent the forging of 
 notes and bills of the Governor 
 and Company of the Bank of Ire- 
 land, and to prevent the obtaining 
 of false credit, and the committing 
 of frauds by the imitation of notes 
 or bills of the said Governor and 
 Company. 
 An Act for making certain annuities 
 created by the Parliament of the 
 kingdom of Ireland transferable, 
 and the dividends thereon payable 
 at the Bank of England; and for 
 the better security of the pro- 
 prietors of such annuities, and of 
 the Governor and Company of the 
 Bank of England. 
 
 37 Geo. 3, c. 54 An Act to enable the proprietors of 
 (I.) debentures issued by government 
 
 37 Geo. 3, .;. 26 
 (I) 
 
 37 Geo. 3, c. 46 
 
 Section five. 
 
 Section three 
 and all the 
 subsequent sec- 
 tions. 
 
 The whole. 
 
 Section three and 
 all the subset 
 quent sections. 
 
 Section eleven 
 and all the sub* 
 
12 
 
 Criminal Statutes Eepeal Act, 
 
 Reference 5 to Act 
 
 37 Geo. S, c. 126 
 
 38 Geo. 3, c. 
 
 (I-) 
 
 39 Geo. 3, c. 
 
 (I) 
 
 40 Geo. a, c. 96 
 (I) 
 
 41 Geo. 3, c. 57 
 43 Geo. 3, c. 139 
 
 48 Geo. 3, o. 1 
 
 Title of Act. 
 
 to convert them into stock trans- 
 ferable at the Bank of Ireland. 
 
 An Act to prevent the counterfeiting 
 any copper coin in this realm 
 made or to be made current by 
 proclamation, or any foreign gold 
 or silver coin ; and to prevent the 
 bringing into this realm or utter- 
 ing any counterfeit foreign gold or 
 silver coin. 
 
 An Act for the more effectually pre- 
 venting the forging of the notes 
 and bills of the Governor and Com- 
 pany of the Bank of Ireland, and 
 the circulation of forged notes and 
 bills of .the said Governor and 
 Company. 
 
 An Act for the more effectually 
 preventing the forging of bills of 
 exchange and promissory notes, or 
 any acceptance, assignment, or in- 
 dorsement thereof, or any acquit- 
 tance or receipt for money or 
 goods; and also for preventing 
 the forging of the promissory 
 notes of the Governor and Com- 
 pany of the Bank of England 
 commonly called bank notes, and 
 the bills of exchange of the said 
 Governor and Company called 
 bank post biUs. 
 
 An Act to revive, amend, continue, 
 or make perpetual certain tem- 
 porary statutes. 
 
 An Act for the better prevention of 
 the forgery of the notes and bills 
 of exchange of persons carrying 
 on the business of bankers. 
 
 An Act for preventing the forging 
 and counterfeiting of foreign bills 
 of exchange, and of foreign pro- 
 missory notes and orders for the 
 payment of money ; and for pre- 
 venting the counterfeiting of 
 foreign copper money. 
 
 An Act for regulating the issuing 
 and paying off of exchequer bills. 
 
 Extent of Repeal 
 
 sequent sec- 
 tions. 
 
 The whde, both 
 as to England 
 and Scotland, 
 except section 
 one. 
 
 The whole. 
 
 The whole, ex- 
 cept the last 
 section. 
 
 So much of sec- 
 tion five as per- 
 petuates the 
 part of the 
 2 7 Geo. 3, 
 c. 15, hereby 
 repealed. 
 
 The whole. 
 
 Sections one and 
 two as to Ire 
 land, and the 
 rest of the act 
 as to the whole 
 United King- 
 dom. 
 
 Section nine. 
 
24 St 25 Viot. cap. 95. 
 
 13 
 
 Beferences to Act 
 
 Title of Act. 
 
 Extent of Repeal. 
 
 49 Geo. 3, c. 13 
 (I) 
 
 1 Geo. 4, u. 4 
 
 1 Geo. 4, c. 92 
 
 3 Geo. 4, u. 116 
 
 4 Geo. 4, c. 54 
 
 An Act for the more effectually pre- The Trhple. 
 
 venting the forging of bank notes, 
 
 bank bills of exchange, and bank 
 
 post bills, and the negotiation of 
 
 forged and counterfeited bank 
 
 notes, bonk bills of exchange, and 
 
 bank post bills of the Governor 
 
 and Company of the Bank of 
 
 Ireland. 
 An Act for punishing criminaU; The whole. 
 
 drivers of stage coaches and car- 
 riages for accidents occasioned by 
 
 their wilful misconduct. 
 
 An Act for the prevention of forging 
 and counterfeiting of bank notes. 
 
 An Act for the more convenient and 
 effectual registering in Ireland 
 deeds executed in Great Britain. 
 
 6 Geo. 4, c. 25 
 
 7 Geo. 4, 0. 64 
 
 7 & 8 Geo. 4, 
 c. 18 
 
 An Act for allowing the benefit of 
 clergy to persons convicted of cer- 
 tain felonies, under two Acts of 
 the ninth year of King George the 
 First and of the twenty-seventh 
 year of King George the Second ; 
 for making better provision for 
 the punishment of persons guilty 
 of sending or delivering threaten- 
 ing letters; and of assaults with 
 intent to commit robbery. 
 
 An Act to repeal so much of an Act 
 passed in the ninth year of the 
 reign of King William the Third 
 as relates to burials in suppressed 
 monasteries, abbeys, or convents 
 in Ireland; and to make further 
 provision with respect to the burial 
 in Ireland of persons dissenting 
 from the Established Church. 
 
 An Act for improving the adminis- 
 tration of criminal justice in Eng- 
 land. 
 
 An Act to prohibit the setting spring 
 guns, man traps, and other engines 
 calculated to destroy human life 
 or inflict grievous bodily harm. 
 
 Sections one and 
 two. 
 
 So much of sec- 
 tion seven as 
 relates to any 
 forgingor coun- 
 terfeiting there- 
 in mentioned. 
 
 The whole. 
 
 Section five. 
 
 Sections nine, 
 ten, and eleven. 
 
 The whole. 
 
14 
 
 Criminal Statutes Repeal Act, 
 
 References to Act. 
 
 7 & 8 Geo. i, 
 0.29 
 
 7 & 8 Geo. 4, 
 c30 
 
 9 Geo. 4, 0. 31 
 
 9 Geo. 4, 0. 64 
 
 . ao 
 
 9 Geo. 4, e. 55 
 (10 
 
 9 Geo. 4, 0. 66 
 
 (I) 
 
 10 Geo. 4, >i. 34 
 
 11 Geo. 4 &1 
 WiU. 4, c. 66 
 
 2 & 3 Will. 4, 
 
 c. 4 
 
 2 & 3 Will. 4, 
 c. 34 
 
 2 & 3 Will. 4, 
 
 0.75 
 
 2 & 3 Will. 4, 
 
 0.123 
 
 3 & 4 Will. 4, 
 
 0.44 
 
 Title of Act. 
 
 An Act for oonsolidatin g sind amead- 
 ing the la^ra of England rela- 
 tive to larceny and other offences 
 connected therewith. 
 
 An Act for consolidatingand amend- 
 ing the laws in England relative 
 to malicious injuries to property. 
 
 An Actforooneolidatingand amend- 
 ing the statutes in England rela- 
 tive to offences against the per- 
 son. 
 
 An Act for improving the adminis- 
 tration of justice in orimiaal cases 
 in Ireland. 
 
 An Act for consolidating and amend- 
 ing the laws in Ireland relative 
 to larceny and other offences con- 
 nected therewith. 
 
 An Act for consolidating andamend- 
 ing the laws in Ireland relative 
 to malicious injuries to property. 
 
 An Actforconsolidatingandamend- 
 ing the statutes in Ireland relating 
 to offences against the person. 
 
 An Act for reducing into one Act 
 all such forgeries as shall hence- 
 forth be punished with death, and 
 for otherwise amending the laws 
 relative to forgery. 
 
 An Act for more effectually pre- 
 venting embezzlements by persons 
 employed in the public service of 
 his Majesty. 
 
 AnAct for consolidating and amend- 
 ing the laws against offences re- 
 lating to the coin. 
 
 An Act for regulating schools of. 
 anatomy. 
 
 An Act for abolishing the punish- 
 ment of death in certain cases of 
 forgery. 
 
 An Act to repeal so much of two 
 Acts of the seventh and eighth 
 years and the ninth year of King 
 George the Fourth as inflicts the 
 punishment of death upon persons 
 breaking, entering, and stealing 
 in a dwelling-house; also for 
 giving power to the judges to add 
 to the pdnishment of transporta- 
 
 Eztent of Bepeal. 
 
 The whole, as to 
 the whole Uni- 
 ted Kingdom. 
 
 The whole. 
 
 The whole. 
 
 Sections twenty- 
 three, twenty- 
 f o u r, and 
 twenty five. 
 
 The whole, as to 
 the whole Uni- 
 ted Kingdom. 
 
 The whole. 
 
 The whole. 
 
 The whole, ex- 
 cept section 
 twenty .one. 
 
 The whole. 
 
 The whole, as to 
 the whole Uni- 
 ted Kingdom. 
 
 Section sixteen. 
 
 The whole. 
 
 The whole. 
 
24 ^ 25 Vict. cap. 95. 
 
 15 
 
 Beferences to Act. 
 
 4 & 5 
 
 5 & 6 
 
 Will. 4, 
 c. 26 
 
 Will. 4, 
 u. 34 (I.) 
 
 5 & 6 
 
 Will. 4, 
 c. 81 
 
 ; 7 Will. 4, 
 
 0.4 
 
 6 & 7 Will. 4, 
 
 O.30 
 
 6 & 7 WiU, 4, 
 
 0.86 
 
 7Will.4&lViot. 
 0.77 
 
 Title of Act. 
 
 tion for life in oertain cases of 
 forgery and in certain other cases. 
 
 An Act to abolish the practice of 
 hanging the bodies of criminals in 
 chains. 
 
 An Act to amend two clerical errors 
 contained in an Act passed in the 
 ninth year of the reign of his lute 
 Majesty King George the Fourth, 
 intituled "An Act for consolida- 
 ting and amending the laws in Ire- 
 land relative to larceny and other 
 o£fences connected therewith. '' 
 
 An Act for abolishing capital pun- 
 ishments in cases of letter stealing 
 and sacrilege. 
 
 An Act to amend the Act of the 
 last session for abolishing capital 
 punishments in ca^es of letter 
 stealing and sacrilege. 
 
 An Act to repeal so much of two 
 Acts of the ninth and tenth years 
 of King George the Fourth as 
 directs the period of the execution 
 and the prison discipline of per- 
 sons conyioted of the crime of 
 murder. 
 
 AnAct for registering births, deaths, 
 and marriages in England. 
 
 An Act to assimilate the practice 
 of the Central Criminal Court to 
 other courts of criminal judicature 
 within the kingdom of .England 
 
 Extent of Repeal. 
 
 Section two. 
 The whole. 
 
 So much as re- 
 lates to the pun- 
 ishment of any 
 person who shall 
 break and en- 
 ter any church 
 or chapel, and 
 steal therein 
 any chattel, or 
 having stolen 
 any chattel in 
 any church or 
 chapel shall 
 break out of the 
 same, and to 
 principals in the 
 second degree 
 and accessories 
 in such offences. 
 So much as al- 
 ters and amends 
 that part of the 
 5 & 6 Will. 4, 
 c. 81, which is 
 hereby repealed. 
 The' whole. 
 
 Section forty.- 
 three. 
 
 So much of sec- 
 tion three as 
 empowers the 
 court to direct 
 
16 
 
 Criminal Statutes Repeal Act, 
 
 Beterences to Act. 
 
 Title pf Act 
 
 Extent of Bepeol. 
 
 7WiU.4&lViot 
 c. 84 
 
 7Wm.4&lViot. 
 
 c. 85 
 7Wai.4&lVict. 
 
 0.86 
 
 7WiU.4&lViot. 
 c. 87 
 
 7Will.4&lViot. 
 e. 89 
 
 and Wales with respect to offen- 
 ders liable tp tb@ punishment of 
 death. 
 
 An Act to abolish the punishment 
 of death in cases of forgery. 
 
 Au Act to amend the laws relating 
 
 to offences against the person. 
 An Act to amend the laws relating 
 
 to burglary and stealing in a 
 
 dwelling house. 
 An Act to amend the laws relating 
 
 to robbery and stealing from the 
 
 person. 
 An Act to amend the laws relating 
 
 to burning or destroying buildings 
 
 and ships. 
 
 sentence of 
 death to be re- 
 corded in cases 
 of murder. 
 So much of sec- 
 tions one and 
 three as relates 
 to the forging, 
 altering, offer- 
 ing, uttering, 
 disposing of, or 
 putting off any 
 will, testament, 
 codicil, or testa- 
 mentary writ- 
 ing, or any 
 power of attor- 
 ney, or other 
 authority there- 
 in mentioned, 
 and to princi- 
 pals in the 
 second degree 
 and accessories 
 before the fact 
 in such offences, 
 and so much of 
 sections two 
 and three as 
 relates to the 
 punishment of 
 any offence 
 created by or 
 formerly pun- 
 ishable under 
 any enactment 
 in this schedule 
 before men- 
 tioned and here- 
 by repealed. 
 The whole. 
 
 The whole. 
 
 The whole. 
 The whole. 
 
24 ^ 25 Vict. cap. 95. 
 
 17 
 
 Beferencea to A.ct. 
 
 Title of Act 
 
 Extent of Bepeal. 
 
 7WiU.4&lVict. 
 C.90 
 
 2 & 3 Vict «. 58 
 
 3 & 4 Vict 0. 97 
 
 4 (S 5 Viot. c. 66 
 
 5 & 6 Vict. c. : 
 
 ao 
 
 5 & 6 Vict. c. 
 
 Ad Act to amend the kw relating to 
 offences punishable by transporta- 
 tion for life. 
 
 An Act to make further provision 
 for the administration of justice, 
 and for improving the practice and 
 proceedings in the Courts of the 
 Stannaries of Cornwall, and for the 
 prevention of frauds by workmen 
 employed in the mines within the 
 county of Cornwall. 
 
 An Act for regulating railways ... 
 
 An Act for taking away the punish- 
 ment of death in certain cases, and 
 substituting other punishments in 
 lieu thereof. 
 
 An Act to assimilate the law in 
 Ireland as to the punishment of 
 death to the law in England ; to 
 abolish the punishment of death 
 in certain cases in Ii-eland, and to 
 substitute other punishments in 
 lieu thereof. 
 
 An Act to amend thfi law relating to 
 advances bond Jide made to agents 
 intrusted with goods. 
 
 The whole, ex- 
 cept section five. 
 
 Section ten. 
 
 Section fifteen. 
 
 Sections two and 
 three, and so 
 much of section 
 one as relates to 
 embezzlements 
 by officers or 
 servants of the 
 
 Bank of England 
 
 Sections four, 
 thirteen, four- 
 teen, andfifteen, 
 and so much of 
 section seven as 
 alters the pun- 
 ishment con- 
 tained in any 
 enactmenthere- 
 by repealed, and 
 so much of sec- 
 tion eighteen as 
 relates to prin- 
 cipals in the 
 second degree 
 and accessories 
 before the fact 
 to any offence 
 mentioned in 
 tbesaid sections 
 four, thirteen, 
 fourteen and 
 fifteen or in the 
 said part of 
 the said section 
 eighteen hereby 
 repealed. 
 
 Section six. 
 
18 
 
 Criminal Statutes Repeal Act, 
 
 Beferences to Act 
 
 5 & 6 Viot. e. 66 
 
 5&6Vict.c. 106 
 
 (1) 
 
 6 & 7 Viot. c. 10 
 
 7 & 8 Viot. u. 62 
 
 7 & 8 Viot. c. 81 
 
 8 & 9 Viot. 0. 44 
 
 8 & 9 Viot. 0. 47 
 
 8 & 9 Viot. 
 
 0. 108 (I.) 
 
 9 & 10 Vict. 
 
 C.25 
 
 10 & 11 Vict. 
 
 0.66 
 
 11 & 12 Viot 
 
 0.46 
 
 12 & 13 Viot. 
 
 0.11 
 
 12 & 13 Viot. 
 
 0.76 
 1? & 14 Vict. 
 
 c. 72 (I.) 
 
 13 & 14 Viot. 
 
 e.88(I.) 
 
 Title of Act. 
 
 An Aot for fuither regulating the 
 preparation and issue of exchequer 
 bills. 
 
 An Act to regulate the Irish fisheries 
 
 An Act for remoring doubts as to the 
 punishment which may be awarded 
 under the provisions of an Act of 
 the fourth and fifth years of Her 
 present Majesty, "for taking away 
 the punishment of death in certain 
 cases," for certain offences therein 
 specified. 
 
 An Act to amend the law as to burn- 
 ing farm buildings. 
 
 An Aot for marriages in Ireland, and 
 for registering such marriages. 
 
 An Aot for the better protection of 
 works of art and scientific and 
 literary produocions. 
 
 An Aot for the further prevention 
 of the offence of dog stealing. 
 
 An Act for the further amendment 
 of an Act of the sixth year of Her 
 present Majesty for regulating the 
 Irish fisheries. 
 
 An Aot for preventing malicious in- 
 juries to persons and property by 
 fire or by explosive or destructive 
 substances. 
 
 An Act for extending the provisions 
 of the law respecting threatening 
 letters and accusing parties with 
 a view to extort money. 
 
 An Act for the removal of defects in 
 the administration of criminal 
 justice. 
 
 An Aot to amend the laws of Eng- 
 land and Ireland relative to 
 larceny and other offences con- 
 nected therewith. 
 
 in Act to protect women from 
 fraudulent practices for procuring 
 their defilement. 
 
 An Act to amend the laws for the 
 registration of assurances of lands 
 in Ireland. 
 
 An Aot to amend the law relating 
 to engines used in the rivers and 
 on the sea-coasts of Ireland for 
 the taking of fish. 
 
 Extent of Bepeal 
 
 Sections nine 
 and ten. 
 
 Sections eleven 
 and twelve. 
 The whole. 
 
 The whole. 
 
 Section seventy- 
 five. 
 The whole. 
 
 The whole. 
 Section eighteen 
 
 The whole. 
 
 The whole. 
 
 Sections one, 
 two, and three. 
 
 The whole. 
 
 The whole. 
 
 Section sixty- 
 two. 
 
 Section forty- 
 two. 
 
24 ^ 25 Vict. cap. 95. 
 
 19 
 
 Beferences to Act 
 
 Title of Act 
 
 Extent of Repeal. 
 
 14 & 15 Viot. 
 
 0.11 
 
 14 & 15 Viot. 
 
 C.19 
 
 14 & 15 Vict. 
 
 c. 92 (I.) 
 
 14 & 15 Vict 
 
 c. 100 
 
 16 & 17 Vict. 
 0. ! 
 
 An Act for the better protection of 
 persons under the care and control 
 of others as apprentices or ser- 
 vants; and to enable the guardians 
 and overseers of the poor to in- 
 stitute and conduct prosecutions 
 in certain cases. 
 
 An Act for the better prevention of 
 ofiences. 
 
 An Act to consolidate and amend 
 the Acts relating to certain offences 
 and other matters, as to which 
 justices of the peace exercise sum- 
 mary jurisdiction in Ireland. 
 
 An Act for further improving the 
 administration of criminal justice. 
 
 An Act for redeeming or commuting 
 the annuity payable to the South 
 Sea Company, and certain annui- 
 ties of three pounds per centum 
 per annum, and for creating new 
 annuities of three pounds ten 
 shillings per centum per annum, 
 and two pounds ten shillings per 
 centum per annum, and issuing 
 exchequer bonds. 
 
 Sections one, 
 two, sis, and 
 seven. 
 
 Sections one, 
 two, three, 
 four, six, seven, 
 eight, and nine. 
 
 Sections two, 
 three, four, and 
 five. 
 
 Sections four, 
 six, eight, 
 
 eleven, thirteen, 
 fourteen, ' fif- 
 teen, sixteen, 
 seventeen, and 
 so much of sec- 
 tion five as re- 
 lates to forging 
 or uttering any 
 instrumen t, 
 and so much of 
 section twenty- 
 nine as relates 
 to any indecent 
 assault, or any 
 assault occa- 
 sioning actua,l 
 bodily harm, or 
 any* attempt to 
 have carnal 
 knowledge of 
 a girl under 
 twelve years of 
 age. 
 
 Section forty- 
 one. 
 
20 
 
 Criminal Statutes Repeal Act, 
 
 BefereuceB to Act. 
 
 Title at Act 
 
 Extent of BepeaL 
 
 16 & 17 Viot. 
 
 C.30 
 
 16 & 17 Viot. 
 
 c. 99 
 
 16 & 17 Vict 
 
 c. 102 
 
 16 & 17 Viot. 
 
 0.113 
 
 16 & 17 Viot. 
 
 6.132 
 
 17 & 18 Viot. 
 
 20 & 21 Vict. 
 
 An Act for the better prevention 
 and punishment of aggisivated 
 assaults upon women and children, 
 and for preventing delay and ex- 
 pense in the administration of 
 certain parts of the criminal law. 
 
 An Act to substitute in certain cases 
 other punishment in lieu of trans- 
 portation. 
 
 An Act to prevent the defacing of 
 the current coin of the realm. 
 
 An Act to amend the procedure in 
 the Superior Courts of Common 
 Law in Ireland. 
 
 cbi 
 
 An Act to extend the provisions of 
 an Act of the present session for re- 
 deeming or commuting the annuity 
 payable to the South Sea Company 
 and certain annuities of three 
 pounds per centum per annum, and 
 to provide for payments to be made 
 under the said Act. 
 
 An Act to place public statutes 
 within theMetropolitan Police Dis- 
 trict under the control of the Com- 
 missioners of Her Majesty's Works 
 and Public Buildings. 
 
 An Act to make better provision for 
 the punishment of frauds commit- 
 ted by trustees, bankers, and other 
 persons intrusted with property, 
 
 Section one. 
 
 Section twelve. 
 
 The whole as 
 to the whole 
 United King- 
 dom. 
 
 So much of sec- 
 tion seventy- 
 one as relates 
 to any action 
 which shall 
 be commenced 
 against any 
 person for any- 
 thing done in 
 pursuance of 
 any of the acts 
 of this session 
 for consolidat- 
 ing and amend- 
 ing the statute 
 law of England 
 and Ireland 
 relating to 
 
 larceny, mali- 
 cious injuries, 
 and coin. 
 
 Sections ten and 
 eleven. 
 
 Section sis. 
 
 Xhe whole. 
 
24 ^ 25 Vict. cap. 95. 
 
 ^1 
 
 Beferences to Act. 
 
 Title of Act 
 
 21 & 22 Vict. c. 3 
 
 21 & 22 Vict. 
 
 c. 47 
 21 & 22 Vict. 
 
 c. 79 
 
 21 & 22 Vict.' 
 
 o. 106 
 
 22 Vict. li. 11 
 
 22 & 23 Vict. 
 
 c. 32 
 
 22 & 23 Vict. 
 
 c. 39 
 
 Extent of Bepeal. 
 
 An Act for enabling the East India Section ten. 
 
 Company to raise money in the 
 
 United Kingdom for the service of 
 
 the Government of India. 
 An Act to amend the law of false The whole. 
 
 pretences. 
 An Act to amend the law relating to Section three. 
 
 cheques or drafts on bankers. 
 An Act for the better government of Section fifty. 
 
 India. 
 An Act to enable the Secretary of Section ten. 
 
 State in Connoil of India to raise 
 
 mone;' in the United Kingdom for 
 
 the service of the Qovernment of 
 
 India. 
 An Act to amend the law concerning Section twenty- 
 
 the police in counties and boroughs five. 
 
 in England and Wales. 
 An Act to enable the Secretary of Section thirteen. 
 
 State in Council of India to raise 
 
 money in the United Kingdom for 
 
 the service of the Government of 
 
 India. 
 An Act to amend the law relating The whole. 
 
 to the unlawful administering of 
 
 poison. 
 23 & 24 Vict. An Act to amend an Act relative to The whole. 
 
 0. 29 malicious injuries to property. 
 23 & 24 Viot. An Act to enable the Secretary of Section thirteen. 
 0. 130 State in Council of India to raise 
 
 money in the United Kingdom for 
 the service of the Government of 
 India. 
 
 23 & 24 Vict. 
 
 c. 8 
 
22 
 
 III. 
 
 LARCENY, &c. ACT. 
 
 Interpreta- 
 tion of terms 
 
 " Document 
 of Title to 
 Goods." 
 
 "Document 
 of Title to 
 Lands,'' 
 
 24 & 25 Vict. cap. 96. 
 
 An Act to consolidate and amend the Statute Law 
 of England and Ireland relating to Larceny 
 and other similar Offences. — \Joth Av^ust, 1861.] 
 
 Whbeeas it is expedient to consolidate and amend 
 tlie statute law of England and Ireland relating 
 to larceny and otter similar offences : Be it en- 
 acted by the Queen's most excellent Majesty, by 
 and with the advice and consent of the Lords 
 spiritual and temporal, and Commons, in this 
 present Parliament assembled, and by the au- 
 thority of the same, as follows : 
 
 1. In the interpretation of this act : 
 
 The term "Document of Title to Goods " shall 
 include any bill of lading, India warrant, dock 
 warrant, warehouse keeper's certificate, war- 
 rant or order for the delivery or transfer of 
 any goods or valuable thing, bought and sold 
 note, or any other document used in the 
 ordinary course of business as proof of the 
 possession or control of goods, or autho- 
 rising or purporting to authorise, either by 
 indorsement or Tjy delivery, the possessor of 
 such document to transfer or receive any 
 goods thereby represented or therein men- 
 tioned or referred to : 
 
 The term " Document of Title to Lands " shall 
 include any deed, map, paper, or parchment, 
 
24 ^ 25 Vict. mp. 96. 23 
 
 ■written or printed, or partly written and partly 
 printed, being or containing evidence of the 
 title, or any part of the title, to any real 
 estate, or to any interest in or out of any real 
 estate : 
 
 The term " Trustee " shaU mean a trustee on " Trustee." 
 some express trust created by some deed', will, 
 or instrument in WTiting,(') and shall include 
 the heir, or personal representative, of any 
 such trustee, and any other person upon or to 
 whom the duty of such trust shall have de- 
 volved or come, and also an executor and 
 administrator, and an oflScial manager, as- 
 signee, liquidator, or other like ofiScer acting 
 under any present or future act relating to 
 joint-stock companies, bankruptcy, or insol- 
 vency : 
 
 The term "Valuable Security" shall include any g^*''?*'']? 
 order, exchequer acquittance, or other security "" ^' 
 whatsoever entitling or evidencing the title of 
 any person or body corporate to any share or 
 interest in any public stock or fund whether 
 of the United Kingdom, or of Great Britain 
 
 (') In Reg. v. Fletcher (9 Cox Crim. Cas. 189 ; Leigh & 
 Cave 180 ; 31 L. J. M. 0. 206) it was held that the rules of a 
 sayings bank were an " instrument in writing " within this 
 section. 
 
 In the above case the prisoner, who was trustee, treasurer, 
 and secretary of a savings bank was indicted under the 20 
 & 21 Vict, c." 54, s. 1 (" An Act to make better Provision for 
 the Punishment of Frauds committed by Trustees, Bankers, 
 and other Persons entrusted with Property ") for misappro- 
 priation as a trustee. As secretary he received the money 
 deposited, which by the rules of the savings bank it was his 
 duty to hand over to the treasurer, who was required by 
 the Savings Bank Acts to pay it over when demanded to 
 the trustees, whose duty, as defined by the rules, was to 
 invest it in the public funds in the names of the Com- 
 sioners for the Eeductlon of the National Debt. The prisoner 
 falsified and appropriated to his own purposes part of the 
 money so deposited with him as secretary with intent to 
 defraud. It was held that he was a trustee of pi-cmerty for 
 thebeneJU of some other person within the meaning of the last- 
 mentioned section. 
 
24 Lariemy, IfC, Act, 
 
 or of Ireland, or of any foreign state, or in 
 any fund of any body corporate, company, or 
 society, wtetlier within the United Kingdom 
 or in any foreign state or country, or to any 
 deposit in any bank, and sball also include 
 any debenture, deed, bond, bill, note, warrant, 
 order, or other security whatsoever for money 
 or for payment of money, whether of the 
 United Kingdom, or of Great Britain, or 
 of Ireland, or of any foreign state, and any 
 document of title to lands or goods as herein- 
 
 " P' opei ty." before defined : 
 
 The term " Property " shall include every 
 description of real and personal property, 
 money, debts, and legacies, and all deeds and 
 instruments relating to or evidencing the title 
 or right to any property, or giving a right to 
 recover or receive any money or goods, and 
 shall also include, not only such property as 
 shaU have been originally in the possession or 
 under the control of any party, but also any 
 property into or for which the same may have 
 been converted or exchanged, and anything 
 acquired by such conversion or exchange, 
 
 "Night" whether immediately , or otherwise : 
 
 For the purposes of this act, the night shall be 
 deemed to commence at nine of the clock in 
 the evening of each day, and to conclude at 
 six of the clock in the morning of the next 
 succeeding day. 
 
 All larcenies 2. Every larceny, whatever be the value of the 
 same nature, property stolen, shall be deemed to be of the 
 same nature, and shall be subject to the same 
 incidents in all respects as grand larceny was 
 before the twenty-first day of June one thousand 
 eight hundred and twenty-seven ; and every court 
 whose power as to the trial of larceny was before 
 that time limited to petty larceny shall have 
 power to try every case of larceny, the punish- 
 
U 4- 25 Vict. cap. 96. 25 
 
 ment of wliioli cannot exceed tte punishment 
 hereinafter mentioned for simple larceny, and 
 also to try all accessories to such larceny. (^) 
 
 Continuous Act. — By means of a secret junction pipe 
 with the main, a mill was supplied with gas which did not 
 pass through the metre, and which was consumed without 
 being paid for. This continued to be done for some years. 
 Held, on an indictment for stealing 1000 cubic feet of gaa, 
 that the entire evidence might be given, as there was one 
 continuous act of stealing all the time : (Beg. v. MHh, 19 
 L. T. Eep. 746 ; Law Bep. 1 0. C. Ees. 172.) 
 
 St'mlinff from a large quantity. — Prisoner was found with 
 dead fowls in his posseeeioo, of which he could give no 
 aceount, and was tracked to a fowl-house where a number 
 of fowls were kept, and on the floor of which were some 
 feathers corresponding with the feathers of one of the fowls 
 on the prisoner, from the neck of which feathers had been 
 removed. The fowl-house, which was closed over night, 
 was found open in the morning. The spot where the 
 prisoner was found was 1200 yards from the fowl-house, 
 and the prosecutor, not knowing the number of fowls kept, 
 could not swear that he had lost any. Held, that there 
 was evidence to support a conviction for larceny : (Reg. v. 
 Mockfard, 17 L. T. Bep. 582.) 
 
 Influence of a threat — Mock auction. — A woman went into 
 a mock auction-room, where the prisoner pretended to act 
 as auctioneer. Some cloth was put up by auction, for 
 which a person in the room bid 25s. A man standing 
 between the woman and the door said to the prisoner that 
 she had bid 26s. for it, upon which the prisoner knocked it 
 down to the woman. She said she had not bid for it, and 
 would not pay for it, and tamed to go out. The prisoner 
 said she must pay for it before she would be allowed to go 
 out, and she was prevented from going out. She then paid 
 26s. to the prisoner because she was afraid, and left with 
 the cloth. Held, that these facts were sufficient to sustain 
 a conviction for larceny : (Reg. v. MacGrath, 21 L. T. Eep. 
 543; 29 L. J. M. 0. 7.) 
 
 Recent ■ possession— Presumption. — It is a presumption of 
 fact, arid not an Implication of law from evidence of recent 
 possession of stolen property unaccounted for, whether the 
 offence of stealing or of feloniously receiving has been com- 
 mitted. Where an indictment contains counts for larceny 
 and receiving, unless the evidence excludes the probability 
 of one or the other offence having been committed, the case 
 should be left to the jury on both counts : (Sea. v. Langmead, 
 10 L. T. Eep. 350.) 
 
 Toimg partridges. — Toung partridges were reared from 
 eggs by a common hen ; they could fly a little, but still 
 remained with the hen as her brood, and slept under her 
 wings at night, and from their inability to escape were 
 practically in the power and dominion of the prosecutor : 
 
 
26 Larceny, ^c. Act, 
 
 BaUees 3.(') Whosoever being a bailee of any chattel, 
 
 ooflTOrtiJg^ money or valuable security, shaU fraudulently 
 
 Held, that they might be the subject of larceny : (/fe^. v. 
 aUekU, 19 L. T. Eep. 327; Law Eep. 1 0. C. Ees. 158.) 
 
 Lost Properly. — A. dropped a sovereign on a country road 
 during the night time. She did not stop to look for it, but 
 on the following morning she started to go to the spot in the 
 hope of finding It. In the meantime the prisoner picked 
 it up, and said to his companion, " It would just make his 
 week up." Prisoner and his companion walked on and met 
 A. on her way to the spot where she lost the sovereign. 
 From what passed between A. and the prisoner and his 
 companion, the fact that the prisoner had got A.'s sovereign 
 was brought to the prisoner's knowledge; but he denied 
 having found it. Subsequently he was taxed with having 
 done so, but he would not admit it, equivocated, and 
 declined to give it up. Held, on the authority of TkurhorjCs 
 case, that the prisoner could not be convicted of larceny, as 
 at the time the prisoner picked up the sovereign, intending 
 to appropriate it to his own use, he did not kuow, and had 
 not the means of knowing,' who the owner was : (^Reg. v. Glyde, 
 18 L. T. Eep. 613; Law Eep. 1 0. 0. Ees. 139.) 
 
 Finding — Withholding in hope of a reward. — One who in 
 expectation of a reward withholds from the owner whom 
 he knows a lost cheque received by him from the finder is 
 not guilty of stealing the cheque : (Reg. v. Gardner, 7 L. T. 
 Eep. 471; 32 L. J. M. C. 35.) 
 
 Larceny by an adulterer — Evidence of possession. — The 
 prisoner, a servant of the prosecutor, eloped with the pro- 
 secutor's wife, and was found living with the wife in a 
 room which they had occupied for two days. Some of the 
 husband's property was found in a box belonging to the 
 husband, locked, and of which the wife had the key, but a 
 watch belonging to him was being worn by the prisoner. 
 ■When taken, he said that the watch was the -wife's, and 
 that he had got it from her. Held, that upon this evidence, 
 the jury were justified in convicting the prisoner of lar- 
 ceny : (Beg v. Mutters, 11 L. T. Eep. 642 ; 34 L. J. M. C. 64. 
 
 Attempt to commit a larceny. — In order to convict of an 
 attempt to commit larceny, it must appear that there was 
 property in the place where the attempt is made that could 
 be stolen. Therefore, where a person put his hand into the 
 pocket of another, with intent to steal, he cannot be con- 
 victed of an attempt to steal unless it appear that there was 
 property in the pocket which might be stolen. It should 
 be left to the jury to say whether there was any pro- 
 perty in the pocket : (Reg. v. Collins, 10 L. T. Eec. 681 : 
 33 L. J. M. 0. 177.) " ' 
 
 (3) Very many decisions having been pronounced upon 
 this section and the corresponding section in the repealed 
 statute of the 20 & 21 'Vict. o. 64, s. 4, it will bo well here to 
 refer to them. 
 
24 4- 25 Vict. cap. 96. 27 
 
 take or convert the same to his own use or the property 
 use of any person other than the owner thereof, faroony.' 
 although he shall not break bulk or otherwise 
 determine the bailment, shall be guilty of larceny, 
 and may be convicted thereof upon an indictment 
 for larceny ; but this section shall not extend to 
 any offence punishable on summary conviction. 
 
 4.(*) Whosoever shall be convicted of simple Panishmont 
 larceny, or of any felony hereby made punishable laroe^f'* 
 
 A man caunotbe convicted of larceny aa bailee, unless the 
 bailment was to redeliver the very same chattel or money : 
 (Reg. V. Soare, 1 Foa. & Pin. 647 ; Reg. v. Garrett, 2 Foe. 
 & Fiu. 140 In Reg. v. BasseU (Leigh & Oave, 58) Cock- 
 burn, 0. J., said : "The prisoner is indicted under the 4th 
 section of the 20 & 21 Vict. c. 64, for larceny as a bailee. The 
 word ' bailment' must there be understood in its legal ac- 
 ceptation, namely, a deposit of something to be returned in 
 specie, and does not apply to the receipt of money with an 
 obligation to return the amount where there is no obligation 
 to return the identical coin." 
 
 To sustain a charge of larceny by a bailee it ia necessary 
 to prove some act of conversion inconsistent with the pur- 
 poses of the bailment ; where, therefore, the prisoner was 
 indicted for larceny as the bailee of a coat, and the evidence 
 was that the prosecutor had lent the coat to the prisoner to 
 wear for a day, and that some few days afterwards the 
 prisoner left the town and was found wearing the coat on 
 board a vessel bound for Australia, Martin, B., stopped 
 the case on the ground that there was no evidence of a 
 conversion sufficient to satisfy the statute, aaying, "the 
 determination of the bailment must be something analogous 
 to larceny, and some act must be done inconsistent with 
 the purposes of the bailment :" (Reg. v. Jackson, 9 Cox Orim. 
 Oas. 505.) See, also, Regy. Weelee (10 Cox Orim. Cas. 224.) 
 
 In Reg. v. BuckneU (9 Cox Crim. Cas. 778) and Reg. v. 
 Bunhdl (Leigh & Cave, 371), the prisoner was entrusted by 
 the prosecutor with money to buy a load of coals, which 
 were to be brought to the prosecutor by the prisoner in his 
 own cart, the prisoner being paid for his services, including 
 the use of his horse and cart. He bought a load of coal 
 in his own name, and on the way to the prosecutor's he 
 abstracted a portion of the coal and converted it to hia own 
 use, delivering the rest of the coal .to the prosecutor as and 
 for the whole load. This was held to constitute the offence 
 .of larceny by a bailee. 
 
 (*) By sect. 2 of the 27 & 28 Vict. o. 47 (aee the atatute, 
 post)., five years' penal aervitude is in all cases substituted 
 aa the minimum sentence in lieu of three years. 
 
 Solitary confinemeM. — By sect. 119 of the present statute 
 it is enacted, that "whenever solitary confinement may 
 
 o2 
 
28 Larceny, ^c. Act, 
 
 like simple larceny, shall (except in the cases here- 
 inafter otherwise provided for) be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for the te»m of three years, or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 Three lar- 5.(') It shall be lawful to insert several counts 
 
 ^thin six ™ ^^® Same indictment against the same person 
 
 months may for any number of distinct acts of stealing, not 
 
 in one ta- excpeding three, which may have been committed 
 
 diotment. \,y jjim against the same person within the space 
 
 of six months, from the first to the last of such 
 
 acts, and to proceed thereon for all or any of 
 
 them. 
 
 Where a 6. If upon the trial of any indictment for 
 
 single taldng larceny it shall appear that the property alleged 
 and several in such indictment to have been stolen at one 
 
 be awarded for any indictable offence under this act, the 
 court may direct the offender to be kept in solitary confine- 
 ment for any portion or portions of his imprisonment, or of 
 his imprisonment with hard labour, not exceeding one 
 month at any one time, and not exceeding three months in 
 any one year." 
 
 Wkijfpiag. — By sect. 119 of the present statute it is 
 enacted, that " whenever whipping may be awarded for 
 any indictable offence under this act, the court may sentence 
 the offender to be once privately whipped, and the number 
 of strokes, and the instrument with which they shall be 
 inflicted, shall be specified by the court in the sentence." 
 
 The 26 & 27 Vict. o. 103 (" An Act to amend the Law in 
 cei-tain Oases of Misappropriation by Servants of the Pro- 
 perty of their Masters ") makes important alterations in the 
 cases of servants, contrary to the orders of their masters, 
 taking from the possession of such masters food for the 
 purpose of giving the same to any horse or other animal 
 belonging to or in the possession of their masters. See 
 the statute CposO- 
 
 (5) Indictment far three larcenies. — An indictment against 
 a prisoner for three larcenies from the same prosecutor con- 
 tained no averment that they were committed within a period 
 of six months. Held, nevertheless, that the indictment was 
 good : iBeg v. Eeywood, 10 L. T. Bep. 464; 33 L. J. M. 0. 133.) 
 
24 ^ 25 Vict. cap. 96. 29 
 
 time was taken at different times, the prosecutor taWnga at 
 shall not by reason thereof, be required to elect ameB™re 
 upon which taking he will proceed, unless it shall proved, 
 appear that there were more than three takings, 
 or that more than the space of six months elapsed 
 between the first and the last of such takings ; 
 and in either of such last-mentioned case's the 
 prosecutor shall be required to elect to proceed 
 for such number of takings, not exceeding three, 
 as appear to have taken place within the period 
 of six months from the first to the last of such 
 takings. 
 
 7.(^) Whosoever shall commit the offence of Larceny, 
 
 T 1 (. , . ■ i. • J after a 
 
 smaple larceny alter a previous connction for conviction 
 felony, whether such conviction shall have taken '"^ '^lo^y- 
 place upon an indictment, or under the provisions 
 of the act passed in the session held in the 
 eighteenth and nineteenth years of Queen Vic- 
 toria, chapter one hundred and twenty-six, shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for any term not exceed- 
 ing ten years, and not less than three years, — or 
 to be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 S.C) Whosoever shall commit the offence of Larceny, 
 simple larceny, or any orfence hereby made 
 
 C) This section is a modification of sect. 11 of the 
 7 & 8 Geo. 4, c. 28, which provides for the punishment of 
 offenders who commit felonies after a previous conviction 
 for felony. The present enactment, it will be observed, is 
 confined to the case of the commission of simple larceny after 
 a previous conviction for felony ; so that should the subse- 
 quent offence not be one of simple larceny, it cannot be 
 dealt with under this section. (The 7 & 8 Geo. 4, c. 28, is 
 not repealed.) See, as to penal servitude after a previous 
 conviction, 27 & 28 Vict. c. 47 (post). 
 
 (') Under the 7 & 8 Geo. 4, c. 28, s. 11, to warrant the 
 charge of a previous conviction, such conviction must be 
 
 after 
 
30 Larceny, ^c. Act, 
 
 of an punishable like simple larceny, after having been 
 
 misdemea- previously convicted of any indictable misde- 
 ?his ao*^'' ™^^'^or punishable under this act, shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for any term not exceeding seven years 
 and not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 Larceny, 9. Whosoever shall commit the offence of 
 
 summary simple larceny, or any offence hereby made 
 
 convictions, punishable like simple larceny, after having been 
 
 twice summarily convicted of any of the offences 
 
 punishable upon summary conviction, under the 
 
 provisions contained in the act of the session held 
 
 7 fe 8 Geo. 4, in the seventh and eighth years of King George 
 
 c.-. 29, 30. ^j^g Fourth, chapter twenty-nine, or the act of 
 
 the same sessitin, chapter thirty, or the act of 
 
 9 Geo. 4, CO. the ninth year of King George the Fourth, 
 85, so. chapter flfty-flve, or the act of the same year, 
 
 chapter fifty-six, or the act of the session held in 
 
 10 & 11 Vict the tenth and eleventh years of Queen Victoria, 
 •=■ *^- chapter eighty-two, or the act of the session held 
 
 11 ft 12 Vict in the eleventh and twelfth years of Queen Vic- 
 "■ ■ toria, chapter fifty-nine, or in sections three, four, 
 
 five, and six of the act of the session held in the 
 
 H sl 15 Vict, fourteenth and fifteenth years of Queen Victoria, 
 0.92. 
 
 of some Jdami; the present section, however, renders this 
 unnecessary, since the previous crime may now have been 
 any indictable misdemeanor punishable under this act. It is 
 remarkable that, whilst the Legislature were altering this 
 head of the law, they did not extend the operation of these 
 two last sections to certain misdemeanors committed after a 
 previous conviction. Take, for instance, the misdemeanor 
 of obtaining property by false pretences — that is an offence 
 which may be punished by five years' penal servitude — 
 and there seems no good reason why, upon a subsequent 
 conviction for a similar offence, it should not be put upon 
 the same footing as a larceny, and the offender be subject 
 to seven years' penal servitude. 
 
24 4- 25 Vict. cap. 96. 81 
 
 chapter ninety-two, or in tliis act, or the act 
 of this session, intituled " An Act to consolidate 24 & 25 viot. 
 and amend the Statute Law of England and "• ''■ 
 Ireland relating to malicious Injuries to Property " 
 (whether each of the convictions shall have been 
 in respect of an offence of the same description 
 or not, and whether such convictions or either of 
 them shall have been or shaU be before or after 
 the passing of this act), shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding seven years, and 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement, and, if a male under the age of 
 sixteen years, with or without whipping. 
 
 As to larceny of cattle or other animals : 
 
 10. Whosoever shall steal any horse, mare, stealing 
 gelding, colt, or filly, or any buU, cow, ox, heifer, g^™^'^'"' 
 or calf, or any ram, ewe, sheep, or lamb, shall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for any term not exceeding 
 fourteen years, and not less than three years, — or 
 to be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 ll.(*) Whosoever shall wilfully kiU any animal, KUiing 
 
 auluials 
 
 (8) Thia ia in substance a re-enactment of sect. 25 of 
 the 7 & 8 Geo. 4, c. 29, so far as it relates to the wilfully 
 killing of any of the cattle mentioned in the said section, 
 with intent to steal the carcase, &c. ; the words, however, 
 are more general in the present section, comprising any 
 anhnalf with this proviso, that the offence of stealing the 
 animal so killed would have amounted to felony. This 
 proviso exempts from the operation of the section the killing 
 of a dog for the pm'poaes before mentioned, since, by sect. 
 18, the stealing of a dog (second offence) is not a felony, 
 but a misdemeanor. 
 
32 
 
 Larceny, Sro. Act, 
 
 with mtent 
 to steal the 
 earcase, &c 
 
 Stealing 
 deer in an 
 uniucIOBed 
 part or a 
 crest. 
 
 ■with intent to steal the carcase, skin, or any part 
 of the animal so killed, shall be guilty of felony, 
 and being convicted thereof shall be liable to the 
 same punishment' as if he had been convicted of 
 feloniously stealing the same, provided the offence 
 of stealing the animal so kilUed would have 
 amounted to felony. 
 
 12.(8) 'Whosoever shall unlawfully and wilfully 
 course, hunt, snare, or carry away, or kill or 
 wound, or attempt to kiU or wound, any deer kept 
 or being in the uninclosed part of any forest, 
 chase, or purlieu, shall for every such offence, on 
 conviction thereof before a justice of the peace, 
 forfeit and pay such sum, not exceeding fifty 
 pounds, as to the justice shall seem meet ; and 
 whosoever having been previously convicted of 
 any offence relating to deer, for which a pecuniary 
 penalty shall have been imposed by this or by any 
 former act of Parliament, shall afterwards commit 
 any of the offences hereinbefore enumerated, 
 whether such second offence be of the same de- 
 scription as the first or not, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement, and, if a male under the age of six- 
 teen years, with or without whipping. 
 
 stealing 13- Whosoever shall unlawfully and wiKully 
 
 deerin^any course, hunt, snare, or carry away, or kill or 
 ground. wound, or attempt to kill or wound, any deer 
 kept or being in the inclosed part of any forest, 
 chase, or puxUeu, or in any inclosed land where 
 deer shall be usually kept, shaU be guilty of 
 felony, and being convicted thereof shall be 
 
 Second 
 offence. 
 
 (») For the mode of prooeeding against any offender under 
 this seotiou, the application of the penalty, the right of 
 appeal, &o., see sects. 105, 106, 107, 108, 109, IIU, 112, 
 and 120 (posf). 
 
24 ^ 25 Vict. cap. 96. 33 
 
 liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding two years, 
 ■with or without hard labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 14. If any deer, or the head, skin, or other Snapeoted 
 part thereof, or any snare or engine for the fo^din 
 taking of deer, shall be found in the possession possession 
 
 c ,1 . „ ^ ofvemson, 
 
 01 any person or on the premises oi any person &o , and not 
 with his knowledge, and such person being taken, toriiy°'ai 
 or summoned before a justice of the peace, shall counting for 
 not satisfy the justice that he came lawfvjly by ' ' 
 such deer, or the head, skin, or other part thereof, 
 or had a lawful occasion for such snare or engine, 
 and did not keep the same for any unlawful 
 purpose, he shall, on conviction by the justice, 
 forfeit and pay any sum not exceeding twenty Penalty 
 pounds ; and if any such person shall not under j." "^^j ^^^ 
 the said provisions be liable to conviction, then, convicted, 
 for the discovery of the party who actually killed jMttce may 
 or stole such deer, the justice, at his discretion, as proceed, 
 the evidence given and the circumstances of the case 
 shall require, may summon before him every per- 
 son through whose hands such deer, or the head, 
 skin, or other part thereof, shall appear to have 
 passed ; and if the person from whom the same 
 shall have been first received, or who shall have 
 had possession thereof, shall not satisfy the justice 
 that he came lawfully by the same, he shall, on 
 conviction by the justice, be liable to the payment of 
 such sum of money as hereinbefore last mentioned. 
 
 15. Whosoever shall unlawfully and wilfully setting 
 set or use any snare or engine whatsoever, for the t^]§"f^eer 
 purpose of taking or killing deer, in any part of or pulling 
 any forest, chase, or purlieu, whether such part fenles!'"'' ^ 
 be inclosed or not, or in any fence or bank 
 dividing the same from any land adjoining, or in 
 
 any ipolosed land where deer shall be usually 
 
 kept, or shall unlawfully and wiKuUy destroy any 
 
 c3 
 
34 Larceny, ^c. Act, 
 
 part of tte fence of any land wliere any deer shall 
 be tlien kept, shall, on conviction thereof before a 
 justice of the peace, forfeit and pay such sum of 
 money, not exceeding twenty pounds, as to the 
 justice shall seem meet. 
 
 Deer 1 6. If any person shall enter into any forest, 
 
 may seize"'' chase, or purlieu, whether inclosed or not, or into 
 the {runs,&c., any inclosed lane where deer shall be usually kept, 
 who, on with intent unlawfully to hunt, course, wound, 
 ''Tdl* ' ^° ^•^' soare, or carry away any deer, every person 
 up the same, intrusted with the care of such deer, and any of 
 his assistants, whether in his presence or not, may 
 demand from every such offender any gun, fire- 
 arms, snare, or engine in his possession, and any 
 dog there brought for hunting, coursing, or killing 
 deer, and in case such offender shall not imme- 
 diately deliver up the same, may seize and take 
 the same from him in any of those respective 
 places, or, upon pursuit made, in any other place 
 to which he may have escaped therefrom for the 
 Penalty on use of the Owner of the deer; and if any such 
 tolieeDere offender shall unlawfully beat or wound any 
 &o.,in the person intrusted with the care of the deer, or any 
 theiTdu^. of liis assistants, in the execution of any of the 
 powers given by this act, every such offender shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be imprisoned for any term not exceeding, two 
 years, with or without hard labom-, and with or 
 without solitary confinement, and, if a male under 
 the age of sixteen years, with or without whipping. 
 
 Killing, te, IT-C") Whosoever shall unlawfully and wilfully, 
 robbitsina between the expiration of the first hour after 
 
 (1") This section is open to the objection that it does not 
 direct what punishment is to be awarded for the offence 
 of killing, &c, hares and rabbits in the night time. The 
 old common law punishment, therefore, of fine or imprison- 
 ment would seem to be the appropriate punishment. 
 
24 ^ 25 , Vict. cap. 96. 35 
 
 sunset and tlie beginning of the last hour before warren in 
 sunrise, take or kill any hare or rabbit in any ump°'*" 
 warren or ground lawfully used for the breeding 
 or keeping of hares or rabbits, whether the same 
 be inclosed or not, shall be guilty of a misde- 
 meanor ; and whosoever shaU unlawfully and wil- 
 fully, between the beginning of the last hour The like in 
 before sunrise and the expiration of the first hour '''^ ''"y'lms- 
 after sunset, take or kill any hare or rabbit in any 
 such warren or ground, or shaU. at any time set or 
 use therein any snare or engine for the taking of 
 hares or rabbits, shall, on conviction thereof before 
 a justice of the peace, forfeit and pay such sum of 
 money, not exceeding five pounds, as to the justice 
 shall seem meet ; provided that nothing in this Exceptioo. 
 section contained shall affect any person taking or 
 killing in the daytime any rabbits on any sea 
 bank or river bank in the coimty of Lincoln, so 
 far as the tide shall extend, or within one furlong 
 of such bank. 
 
 18. Whosoever shall steal any dog shall, on stealing 
 conviction thereof before two justices of the peace, ^°^^- 
 either be committed to the common gaol or house 
 
 of correction, there to be imprisoned, or to be 
 imprisoned and kept to hard labour, for any term 
 not exceeding six months, or shall forfeit and pay, 
 over and above the value of the said dog, such 
 sum of money not exceeding twenty pounds, as to 
 the said justices shall seem meet ; and whosoever, second 
 having been convicted of any such offence, either ''"™<=^- 
 against this or any former act of Parliament, shall 
 afterwards steal any dog, shall be guilty of a mis- 
 demeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding eighteen 
 months, without or without hard labour. 
 
 19. Whosoever shall unlawfully have in his Poesession 
 possession or on his premises any stolen dog, dogs. '*" 
 or the skin of any stolen dog, knowing such dog 
 
36 
 
 Larceny, ifc. Act, 
 
 Second 
 offeace. 
 
 Taking 
 money to 
 restore dogs. 
 
 Stealing 
 beaBtfl or 
 birds ordi- 
 Darily kept 
 io conflne- 
 ment, and 
 not the 
 subjects of 
 larceny. 
 
 Second 
 offence. 
 
 to have been stolen or such skin to be the skin of 
 a stolen dog, shall, on conviction thereof between 
 two justices of the peace, be liable to pay such 
 sum of money, not exceeding twenty pounds, as 
 to such justices shall seem meet; and whosoever, 
 having been convicted of any such offence, either 
 against this or any former act of Parliament, shall 
 afterwards be guilty of any such offence as in this 
 section before mentioned, shall be guilty of a 
 misdemeanor, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 imprisoned for any term not exceeding eighteen 
 months, with or without hard labour. 
 
 20. Whosoever shall corruptly take any money 
 or reward, directly or indirectly, under pretence 
 or upon account of aiding any person to recover 
 any dog which shall have been stolen, or which 
 shall be in the possession of any person not being 
 the owner thereof, shall be guilty of a misde- 
 meanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding eighteen 
 months, with or without hard labour. 
 
 21. Whosoever shall steal any bird, beast, or 
 other animal ordinarily kept in a state of con- 
 finement or for any domestic purpose, not being 
 the subject of larceny at common law, or shall 
 wilfuUy kill any such bird, beast, or animal, with 
 intent to steal the same or any part thereof, shall 
 on conviction thereof before a justice of the peace, 
 at the discretion of the justice, either be com- 
 mitted to the common gaol or house of correction, 
 there to be imprisoned only, or to be imprisoned 
 and kept to hard labour for any term not exceed- 
 ing six months, or else shall forfeit and pay, over 
 and above the value of the bird, beast, or other 
 animal, such sum of money not exceeding twenty 
 pounds, as to the justice shall seem meet ; and 
 whosoever, having been convicted of any such 
 
24 4- '26 Vict. cap. 96. 37 
 
 offence, either against tMs or any former act of 
 Parliament, shall afterwards commit any offence 
 in this section before mentioned, and shall be 
 convicted thereof in like manner, shall be com- 
 mitted to the common gaol or house of correction, 
 there to be kept to hard labour for such term not 
 exceeding twelve months as the convicting justice 
 shaU think fit. 
 
 22. If any such bird, or any of the plumage Persona 
 thereof, or any dog, or any such beast, or the skin po"8eaa?on 
 thereof, or any such animal or any part thereof, of stolen 
 shall be found in the possession or on the pre- Sf'to"" 
 mises of any person, any justice may restore the Penalties, 
 same respectively to the owner thereof ; and any 
 person in whose possession or on whose premises 
 such bird or the plumage thereof, or such beast or 
 the skin thereof, or such animal or any part 
 thereof, shall be so found (such person knowing 
 that the bird, beast, or animal has been stolen or 
 that the plumage is the plumage of a stolen bird, 
 or that the skin is the skin of a stolen beast, or 
 that the part is the part of a stolen animal), shall, 
 on conviction before a justice of the peace, be 
 liable for the first offence to such forfeiture, and 
 for every subsequent offence to such punishment, 
 as any person convicted of stealing any beast 
 or bird is made liable to by the last preceding 
 section. 
 
 23. (^') Whosoever shall unlawfully and wilfully Killing 
 kill, wound, or take any hou;3 dove or pigeon P'^eons. 
 under such circumstances as shall not amount to 
 larceny at common law, 3hall, on conviction before 
 a justice of the peace, foi-feit and pay, over and 
 above the value of the bird, anj' sum not exceed- 
 ing two pounds. 
 
 (") This provision does not apply to a case where a party 
 under a claim of right kills a pigeon which is doinp: tnia- 
 ehiet upon his property : (Taylor v. Newmxtn. 8 L. T. Eep. 
 424; 32 L. J. M. 0. 186; 9 Cox Onm. Gas. 314.) 
 
38 
 
 Larceny, ^c. Act, 
 
 TabiDg fish 
 in any water 
 situate in 
 laud belong- 
 ing to a 
 dwelling 
 house ; in a 
 private 
 fishery 
 elsewhere. 
 
 Provision 
 
 respecting 
 anglers. 
 
 24.(^2) Whosoever shall unlawfully and wilfully 
 take or destroy any fish in any water which shall 
 run through or be in any land adjoining or 
 belonging to the dwelling house of any person 
 being the owner of such water, or having a right 
 of fishery therein, shall be guilty of a mis- 
 demeanor ; and whosoever shall unlawfully and 
 wilfully take or destroy, or attempt to take or 
 destroy, any fish in any water not being such as 
 hereinbefore mentioned, but which shall be private 
 property, or in which there shall be any private 
 right of flshery,(^') shall, on conviction thereof 
 before a justice of the peace, forfeit and pay, over 
 and above the value of the fish taken or destroyed 
 (if any), such sum of money not exceeding 
 five pounds, as to the justice shall seem meet : 
 provided that nothing hereinbefore contained 
 shall extend to any person angling between the 
 beginning of the last hour before sunrise and the 
 expiration of the first hour after sunset ; but 
 whosoever shall by angling between the beginning 
 of the last hour before sunrise and the expiration 
 of the first hour after sunset unlawfully and 
 wilfully take or destroy, or attempt to take or 
 destroy, any fish in any such water as first 
 
 (•2) This section is open to the objection that it does not 
 define the punishment for the misdemianor enacted in the 
 lirst portion of the section; the offence therefore will be 
 punishable as a misdemeanor at common law by fine and 
 imprisonment or either. 
 
 (13) When upon the hearing by justices of an information, 
 a claim of right is set up by the defendant, such claim, 
 if made horn fide, and with some show of reason, will oust 
 their jurisdiction ; and although it is for the justices to 
 determine whether or not such claim of right is made 
 bona fide, and with a show of reason, yet if they deter- 
 mine that it is not so made, the Court of Queen's Bench 
 will review their determination, and overrule it if come to 
 upon insufScient grounds: (^Reg. v. Stimpson and Peak, 
 8 L. T. Eep. 526; 32 L. J. M. C. 2l)8.) If, however, a claim 
 of right is set up which cannot exist in law, then, notwith- 
 standing it is made band, fide, the justices should disregard 
 it: (HvAirni v. M'Bea, 33 h. J. M. C. 65 ; 9 L. T. Bep. 678.) 
 
24 4- 25 Vict. cap. 96. 39 
 
 mentioned, sliall, on oonviotion before a justice of 
 
 the peace, forfeit and pay any sum not exceeding 
 
 five pounds, and if in any such water as last 
 
 mentioned, he shall, on the like conviction, forfeit 
 
 and pay any sum not exceeding two pounds as to 
 
 the justice shall seem meet ; and if the boundary 
 
 of an}' parish, township, or vill shall happen to 
 
 be in or by the side of any such water as is in 
 
 this section before mentioned, it shall be sufficient 
 
 to prove that the offence was committed either ProviBion as 
 
 in the parish, township, or vill named in the aarie" or 
 
 indictment or information, or in any parish, town- parishes 
 
 ship, or vill, or adjoining thereto. 
 
 25. If any person shall at any time be found The taoide 
 fishing against the provisions of this act, the may be 
 owner of the ground, water, or fishery where seized, 
 such offender shall be so found, his servant or 
 
 any person authorised by him, may demand from 
 
 such offender any rod, line, hook, net, or other 
 
 implement for taking or destroying fish which 
 
 shall then be in his possession, and in case such 
 
 offender shall not immediately deliver up the 
 
 same, may seize and take the same from him for 
 
 the use of such owner : provided, that any person Angler, on 
 
 angUng against the provisions of this act, between h°ftaoitie, 
 
 the beginning of the last hour before sunrise and exempt from 
 
 the expiration of the first hour after sunset, from 
 
 whom any implement used by anglers shall be 
 
 taken, or by whom the same shall be so delivered 
 
 up, shall by the taking or delivering thereof be 
 
 exempted from the pa3rment of any damages or 
 
 penalty for such angling. 
 
 26. Whosoever shall steal any oysters or oyster stealing or 
 brood from any oyster bed, laying, or fishery, oyste^rfn ""^ 
 being the property of any other person, and oyster 
 sufficiently marked out or known as such, shall 
 
 be guilty of felony, and being convicted thereof 
 shall be liable to be punished as in the case of 
 simple larceny ; and whosoever shall unlawfully 
 
40 
 
 Larceny, ^c. Act, 
 
 and wilfully use any dredge, or any net, instru- 
 ment, or engine whatsoever, wittin the limits of 
 any oyster bed, laying, or fishery, being the 
 property of any other person, and sufficiently 
 marked out or known as such, for the purpose of 
 taking oysters or oyster brood, although none 
 shall be actually taken, or shall unlawfully and 
 wilfully, with any net, instrument, or engine, 
 drag upon the ground or soil of any such fishery, 
 shaU be guilty of a misdemeanor, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be imprisoned for any term not 
 exceeding three months, with or without hard 
 labour, and with or without solitary confinement ; 
 and it shall be sufficient in any indictment to 
 describe either by name or otherwise the bed, 
 laying, or fishery in which any of the said offences 
 shall have been committed, without stating the 
 same to be in any particular parish, township, or 
 vill : provided, that nothing in this section con- 
 tained shall prevent any person from catching or 
 fishing for any floating fish within the limits of 
 any oyster fishery with any net, instrument, or 
 engine adapted for taking floating fish only. 
 
 As to larceny of written instruments : 
 
 Bonds, bill 27.C'') Whosoever shall steal, or shall for any 
 notes, &c. fraudulent purpose destroy, cancel, or obliterate, 
 
 CO In Reg. v. Lowrie, (36 L. J. M. C. 24; 10 Cox Ciim. 
 Cas. 388) the prisoner was convicted on an indictment 
 under this section for stealing a " certain valuable security, 
 to wit, an agreement between L. and C. whereby 0. was 
 entitled to receive payment of certain sums of money, and 
 which said suras of money were then due and unsa'tisiied 
 to C." It was proved that the sums were not due till some 
 tinie after the stealing. Dpon this it was held that since 
 this section limits the terra " valuable security " to securities 
 " other than a document of title to lands," it is material in 
 an indictment under this section to describe the valuable 
 security, so as to show that it is within the section, and 
 that the description ought to have been proved, and that 
 since it had not been proved, the conviction could not be 
 supported. 
 
 Form of 
 indictment 
 
 Proviso as 
 to floating 
 fish. 
 
24 ^ 25 Vict. cap. 96. 41 
 
 the whole or any part of any valuable security, 
 other than a document of title to lands, shall be 
 guilty of felony, of the same nature and in the 
 same degree and punishable in the same manner 
 as if he had stolen any chattel of like value with 
 the share, interest, or deposit to which the security 
 so stolen may relate, or with the money due 
 on the securities so stolen, or secured thereby and 
 remaining unsatisfied, or with the value of the 
 goods or other valuable thing represented, men- 
 tioned, or referred to in or by the security. 
 
 28. Whosoever shall steal, or shall for any Deeds, &c. 
 fraudulent purpose destroy, cancel, obliterate, or ™i^"°s '° 
 conceal, the whole or any part of any document perty. 
 
 of title to lands shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal 
 servitude for the term of three years, or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement ; and in any indictment for pdnn of 
 any such offence relating to any document of title indictment, 
 to lands, it shall be sufficient to allege such docu- 
 ment to be or to contain evidence of the title or of 
 part of the title of the person or of some one of 
 the persons having an interest, whether vested or 
 contingent, legal or equitable, in the real estate to 
 which the same relates, and to mention such real 
 estate or some part thereof. 
 
 29. Whosoever shall, either during the life of wiiia or 
 the testator or after his death, steal, or for any ""^'oiis. 
 fraudulent purpose destroy, cancel, obliterate, or 
 conceal, the whole or any part of any will, codicil, 
 
 or other testamentary instrument, whether the same 
 shall relate to real or personal estate, or to both, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life or for 
 any term not less than three years — or to be 
 
42 
 
 Larceny, ^c. Act, 
 
 other remo* 
 dies not to 
 be affected^ 
 
 Stealing 
 records or! 
 other legal 
 documentB 
 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement ; and it shall not in any 
 indictment for such offence be necessary to allege 
 that such wiU, codicil, or other instrument is the 
 property of any person : provided, that nothing 
 in this or the last preceding section mentioned, 
 nor any proceeding, conviction, or judgment to 
 be had or taken thereupon, shall prevent, lessen, 
 or impeach any remedy at law or in equity which 
 any party aggrieved by any such offence might or 
 would have had if this act had not been passed ; 
 but no conviction of any such offender shall be 
 received in evidence in any action at law or suit 
 in equity against him ; and no person shall be 
 liable to be convicted of any of the felonies in. 
 this and the last preceding section mentioned, by 
 any evidence whatever, in respect of any act done 
 by him, if he shall at any time previous to his 
 being charged with such offence have first dis- 
 closed such act, on oath, in consequence of any 
 compulsory process of any court of law or equity 
 in any action, suit, or proceeding which shall 
 have been Sows fide instituted by any party 
 aggrieved, or if he shall have first disclosed the 
 same in any compulsory examination or deposition 
 before any court upon the hearing of any matter 
 in bankruptcy or insolvency. 
 
 30. Whosoever shall steal, or shall for any 
 fraudulent purpose take from its place of deposit 
 for the time being, or from any person having 
 the lawful custody thereof, or shall unlawfully 
 and maliciously cancel, obliterate, injure, or 
 destroy the whole or any part of any record, writ, 
 return, panel, process, interrogatory, deposition, 
 aiSdavit, rule, order, or warrant of attorney, or 
 of any original document whatsoever of or 
 belonging to any court of record, or relating to 
 any matter, civU or criminal, begun, depending, 
 
24 ^ 25 Vict. cap. 96. 43 
 
 or terminated in any such court, or of any bill, 
 petition, answer, interrogatory, deposition, affi- 
 davit, order, or decree, or of any original docu- 
 ment whatsoever of or belonging to any court of 
 equity, or relating to any cause or matter begun, 
 depending or terminated in any such court, or of 
 any original document in anywise relating to the 
 business of any office or employment under Her 
 Majesty, and being or remaining in any office 
 appertaining to any court of justice, or in any 
 of Her Majesty's castles, palaces, or houses, or in 
 any Government or public office, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for the term of three years, or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or Form of 
 without solitary confinement ; and it shall not in '°*'°'"'™'- 
 any indictment for such offence be necessary to 
 allege that the article in respect of which the 
 offence is committed is the property of any person. 
 As to larceny of things attached to or grow- 
 ing on land : 
 
 31. Whosoever shall steal, or shall rip, cut, Motai, glass, 
 sever, or break with intent to steal, any glass or fljtea'to ' 
 woodwork belonging to any building whatso- {^^|« <"■ 
 ever, or any lead, iron, copper, brass, or other 
 metal, or any utensil or fixture, whether made of 
 metal or other material or of both, respectively 
 fixed in or to any building whatsoever, or any 
 thing made of metal fixed in any land being 
 private property, or for a fence to any dwelling 
 house, garden, or area, or in any square or street, 
 or in any place dedicated to public use or orna- 
 ment, or in any burial ground, shall be guilty of 
 felony, and being convicted thereof shall be liable 
 to be punished as in the case of simple larceny ; 
 and in the case of any such thing fixed in any 
 such square, street, or place as aforesaid, it shall 
 
44 Larceny, ^c. Act, 
 
 not be necessary to allege the same to be the pro- 
 perty of any person. 
 
 Trees in 32. Whosoever shall steal, or shall cut, break, 
 
 ''roundBof ''°°* ^P' '^^ Otherwise destroy or damage with 
 the value of intent to steal, the whole or any part of any 
 where of ae tree, sapling, or shrub, or any underwood, re- 
 value of 6i speotively growing in any park, pleasure ground, 
 garden, orchard, or avenue, or in any ground 
 adjoining or belonging to any dwelling house, 
 shall (in case the value of the article or articles 
 stolen, or the amount of the injury done, shall 
 exceed the sum of one pound) be guilty of felony, 
 and being convicted thereof shall be liable to be 
 punished as in the case of simple larceny ; and 
 whosoever shaU steal, or shall out, break, root 
 up, or otherwise destroy or damage with intent 
 to steal, the whole or any part of any tree, 
 sapling, or shrub, or any underwood, respectively 
 growing elsewhere than in any of the situations 
 in this section before mentioned, shall (in case 
 the value of the article or articles stolen, or the 
 amount of the injury done, shall exceed the sum 
 of five pounds), be guilty of felony, and being 
 convicted thereof shall be liable to be punished 
 as in the case of simple larceny. 
 
 stealing ^^- Whosoever shall steal, or shall cut, break, 
 
 trees, root up, or otherwise destroy or damage with 
 
 wheresoeyer intent to steal, the whole or any part of any 
 of a^y vXe t'^®' sapUng, Or shrub, or any underwood, where- 
 aboyeis., soever the same may be respectively growing, 
 on°ummary the stealing of such article or articles, or the 
 oo"™''"", injury done, being to the amount of a shilling at 
 second the least, shall, on conviction thereof before a 
 third°^' justice of the peace, forfeit and pay, over and 
 offence, above the value of the article or articles stolen, 
 °''°^' or the amount of the injury done, such sum. of 
 
 money not exceeding five pounds as to the 
 Second justice shall seem meet ; and whosoever having 
 offence. been convicted of any such offence, either against 
 
24 4' 25 Vict. cap. 96. 45 
 
 ttis or any former act of Parliament, shall after- 
 wards commit any of the said offences in this 
 section before mentioned, and shall be convicted 
 thereof in like manner, shall for such second 
 offence be committed to the common gaol or 
 house of correction, there to be kept to hard 
 labour for such term not exceeding twelve 
 months as the convicting justice shall think fit ; 
 and whosoever, having been twice convicted of Third 
 any such offence (whether both or either of such "ff^ioa- 
 convictions shall have taken place before or 
 after the passing of this act), shall afterwards 
 commit any of the offences in this section before 
 mentioned, shall be guilty of felony, and being 
 convicted thereof shall be liable to be punished 
 in the same manner as in the case of simple 
 larceny. 
 
 34. Whosoever shall steal, or shall cut, break, stealing, &o., 
 or throw down with intent to steal, any part of d°ad'feno6 
 any live or dead fence, or any wooden post, pale, wooden 
 wire, or rail set up or used as a fence, or any or'gate!'''^' 
 stile or gate, or any part thereof respectively, 
 
 shaU, on conviction thereof before a justice of 
 the peace, forfeit and pay, over and above the 
 value of the article or articles so stolen, or the 
 amount of the injury done, such sum of money 
 not exceeding five pounds as to the justice shall 
 seem meet ; and whosoever having been con- second 
 victed of any such offence, either against this or ofeioe- 
 any former act of Parliament, shall afterwards 
 commit any of the said offences in this section 
 before mentioned, and shall be convicted thereof 
 in like manner, shall be committed to the com- 
 mon gaol or house of correction, there to be kept 
 to hard labour, for such term not exceeding 
 twelve months as the convicting justice shall 
 think fit. 
 
 35. If the whole or any part of any tree. Suspected 
 sapling, or shrub, or any underwood, or any part pomeBsion 
 
46 Larceny, &fc. Act, 
 
 of wood, ftc, of any live or dead fence, or any post, pale, wire, 
 not ^satiafac ^^.^^ ^^y^^ ^^ ^^^^^ ^^ ^^^ p^^ thereof, being of the 
 
 fOT i™""^ value of one shilling at the least, shall be found 
 in the possession of any person, or on the premises 
 of any person, with his knowledge, and such 
 person, being taken or summoned before a justice 
 of the peace, shall not satisfy the justice that he 
 came lawfully by the same, he shall on conviction 
 by the justice forfeit and pay, over and above the 
 value of the article or articles so found, any sum 
 not exceeding two pounds. 
 
 steaiing.&o., 36. Whosoever shall steal, or shall destroy or 
 any fruit or damage with intent to steal, any plant, root, fruit, 
 production or vegetable production growing in any garden, 
 ftc^pun?*-' orchard, pleasure ground, nursery ground, hot- 
 abie on sum- house, greenhouse, or conservatory, shall, on 
 Son'for conviction thereof before a justice of the peace, 
 first offence. a,t the discretion of the justice, either be com- 
 mitted to the common gaol or house of correction, 
 there to be im.prisoned only, or to be imprisoned 
 and kept to hard labour, for any term not exceed- 
 ing six months, or else shall forfeit and pay, over 
 and above the value of the article or articles so 
 stolen, or the amount of the injury done, such 
 sum of money not exceeding twenty pounds as 
 Second to the justice shall seem meet : and whosoever 
 fSony^' having been convicted of any such offence, either 
 against this or any former act of Parliament, 
 shall afterwards commit any of the offences in 
 this section before mentioned, shall be guilty of 
 felony, and being convicted thereof shall be liable 
 to be punished in the same manner as in the case 
 of simple larceny. 
 
 stealing, &0. 37. Whosoever shall steal, or shall destroy or 
 ^^^d"'a° damage with intent to steal, any cultivated root 
 not growing or plant used for the food of man or beast, or for 
 m gardens, j^gdicine, or for distilling or for dyeing, or for or 
 in the course of any manufacture, and growing 
 in any land, open or inclosed, not being a garden. 
 
24 ^ 25 Vict. cap. 96. 47 
 
 orchard, pleasure ground, or nursery ground, 
 stall, on conviction thereof before a justice of the 
 peace, at the discretion of the justice, either be 
 committed to the common gaol or house of cor- 
 rection, there to be imprisoned only, or to be im- 
 prisoned and kept to hard labour for any term not 
 exceeding one month, or else shall forfeit and 
 pay, over and above the value of the article or 
 articles so stolen, or the amount of the injury 
 done, such sum of money not exceeding twenty 
 shillings as to the justice shaU seem meet, and in 
 default of payment thereof, together with the 
 costs (if ordered), shall be committed as aforesaid 
 for any term not exceeding one month, unless 
 payment be sooner made ; and whosoever, having Second 
 been convicted of any offence either against this o*""^- 
 or any former act of Parliament, shall afterwards 
 commit any of the said offences in this section 
 before mentioned, and shall be convicted thereof 
 in like manner, shall be committed to the common 
 gaol or house of correction, there to be kept to 
 hard labour, for such term not exceeding six 
 months as the convicting justice shall think fit. 
 
 As to larceny from mines : 
 
 38. Whosoever shall steal, or sever with intent Oreofmeiai, 
 to steal, the ore of any metal, or any lapis calami- "'"'^ *"■ 
 naris, manganese or mundick, or any wad, black 
 
 oawke, or black lead, or any coal or cannel coal, 
 from any mine, bed, or vein thereof respectively, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement. 
 
 39. Whosoever, being employed in or about any Miners re- 
 mine, shall take, remove, or conceal any ore of ^°™ment 
 any metal, or any lapis calaminaris, manganese, to dstrand. 
 mundick, or other mineral found or being in such 
 
48 Larceny, ^e. Act, 
 
 mine, with, intent to defraud any proprietor of or 
 any adventurer in such mine, or any workman or 
 miner employed therein, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 As to larceny from the person and other like 
 
 offences : 
 
 Bobbery or 40. Whosoever shall rob any person, or shall 
 
 from the steal any chattel, money, or valuable security 
 
 peraon. from the person of another, shall be guilty of 
 
 felony, and being convicted thereof shall be liable, 
 
 at the discretion of the court, to be kept in penal 
 
 servitude for any term not exceeding fourteen 
 
 years and not less than three years, — or to be 
 
 imprisoned for any term not exceeding two years, 
 
 with or without hard labour, and with or without 
 
 solitary confinement. 
 
 On trial for 41. If upon the trial of any person upon any 
 lurySy indictment for robbery it shall appear to the jury 
 convictof an upon the evidence that the defendant did not 
 intent to rob, commit the crime of robbery, but that he did 
 commit an assault with intent to rob, the defen- 
 dant shall not by reason thereof be entitled to be 
 acquitted, but the jury shall be at liberty to 
 return as their verdict that the defendant is 
 guilty of an assault with intent to rob; and 
 thereupon such defendant shall be liable to be 
 punished in the same manner as if he had been 
 convicted upon an indictment for feloniously 
 assaulting with intent to rob ; and no person so 
 tried as is herein lastly mentioned shall be liable 
 to be afterwards prosecuted for an assault with 
 intent to commit the robbery for which he was so 
 tried. 
 
 Assauitmth 42. WhoBoever shall assault any person vrith 
 
24 ^ 25 Vict. cap. 96. 49 
 
 intent to rob shall be guilty of felony, and being 
 convicted thereof shall (save and except in the 
 cases where a greater punishment is provided by 
 this act) be liable, at the discretion of the court, 
 to be kept in penal servitude for the term of 
 three years, or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 43. Whosoever shall, being armed with any Bobbery or 
 offensive weapon or instrument, rob or assault *^^™'"'y * 
 
 . with intent to rob, any person, or shall, together armed, or by 
 1 with one or more other person or persons, rob, or o" robbery^' 
 
 ■ assault with intent to rob, any person, or shall f^^ wound- 
 
 ■ rob any person, and at the time of or immediately "^' 
 before or immediately after such robbery shall 
 
 I wound, beat, strike, or use any other personal 
 violence to any person, shall be guilty of felony, 
 ind being convicted thereof shall be liable, at the 
 Niisoretion of the court, to be kept in penal ser- 
 vitude for life, or for any term not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard 
 labour, and vrith or without solitary confine- 
 ment. 
 
 44. Whosoever shall send, deliver, or utter. Letter, de- 
 or directly or indirectly cause to be received, ™o°''"l 
 knowing the contents thereof, any letter or writing with 
 demanding of any person with menaces, and ™™*™^- 
 without any reasonable or probable cause, any 
 property, chattel, money, valuable security, or 
 
 other valuable thing, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for life or for any term not less than three 
 years,^or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping. 
 
 D 
 
50 Larceny, ^c. Act, 
 
 Demanding 45.C®) Whosoever sliall witli menaces or by 
 
 money, &0., ^^^^ demand any property, chattel, money, 
 
 menaces, or valuable aeourity, or other valuable thing of any 
 
 with intent person, with intent to steal the same, shall be 
 
 to BteaL guilty of felony, and being convicted thereof shall 
 
 be liable, at the discretion of the court, to be kept 
 
 in penal servitude for the term of three years, or 
 
 to be imprisoned for any term not exceeding two 
 
 years, with or without hard labour, and with or 
 
 without solitary eonflnemett,. 
 
 Letter 46. (^^) Whosoever shall send, deliver, or utter, 
 
 to'^use"(rf ^'^ directly or indirectly cause to be received, 
 crime with knowing the contents thereof, anv letter or writing 
 
 intent to • xi. x • j. xt. 
 
 extort. acousmg or tnreatenmg to accuse any other person 
 of any crime punishable by law with death or 
 penal servitude for not less than seven years, or 
 of any assault with intent to commit any rape, or 
 of any attempt or endeavour to commit any rape, 
 or of any infamous crime as hereinafter defined, 
 with a view or intent in any of such cases to 
 
 (")' In -S^- V. BobeHsm (ll L. T. Kep. 387 ; 34 L. J. M. 0, 
 
 35) the prisoner was indicted and convicted under this 
 section for demanding money with menaces with intent to 
 steal the same. It wag proved that the prosecator having 
 spoken to a female in the street at night, the prisoner, a 
 policemaii, came up and told him that he had been talking 
 to a prostitute, and that he must go with him to Bridewell 
 and that he, the prosecutor, was under a penalty of one 
 pound and ooSts for talking to a prostitute in the streets, 
 but that if he would give him five shillings, he might go 
 about his business. The prosecutor thereupon gave him four 
 shillings and sispeuGe. Upon this it was held that the con- 
 viotion was right. Under this section the menace must 
 be of such a nature and extent as to unsettle the mind of the 
 person on whom it operates, and take away from his acts 
 that element of free voluntary action which alone constitutes 
 cbusent. It is a question for the jury whether the evidence 
 in any particular case comes within that principle : (Reg. v. 
 Wcilton, 9 Oox Grim. Oas. 268 ; 32 L. J. M. 0. 79.) 
 
 CO Uppn an indictment with three counts, for three 
 separate letters, it was pl-oposed to prove the sending of all 
 three. It was held, however, that the evidence of the sending 
 of only one was admissible : (Reg. v. Ward, 10 Cox Grim. 
 Gas. 42. Byles,J.) 
 
24 4- 25 Vict. cap. 96. 51 
 
 extort or gain by means of such letter or writing 
 any property, chattel, money, valuable security, 
 or other valuable thiBg, from any person, shall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for Ufe, or for any term 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement, and, if a male under the age of 
 sixteen years, with or without whipping ; and the 
 abominable crime of buggery, committed either "intamouB 
 with mankind or with beast, and every assault deflnoa. 
 with intent to commit the said abominable crime, 
 and every attempt or endeavour to commit the said 
 abominable crime, and every solicitation, persua- 
 sion, promise, or threat offered or made to any 
 person whereby to move or induce such person to 
 commit or permit the said abominable crime, 
 shall be deemed to be an infamous crime within 
 the meaning of this act. 
 
 47.(")' Whosoever shall accuse or threaten to Accusing or 
 accuse, either the person to whom such accusa- to^ccuBe" 
 tion or threat shall be made or any other person, with intent 
 
 A «■,.« ,1-ij.i to extort 
 
 01 any of the mfamous or other crimes lastly 
 hereinbefore mentioned, with the view or intent 
 in any of the cases last aforesaid to extort or gain 
 from such person so accused or threatened to be 
 accused, or from any other person, any property, 
 chattel, money, valuable security, or other valu- 
 able thing, shall be guilty of felony, and being 
 
 C) On the trial of an indictment for threatening to accuse 
 of an infamous crime, in order to extort money, the guilt 
 of innocence of the party threatened is quite immaterial. 
 Therefore, although the prosecutor may be cross-examined 
 with a view to show that he is really guilty of the offence 
 iittputed to him, yet no evidence will be allowed to be given 
 even in cross-examination by another witness to prove that 
 the prosecutor is really guilty : (Beg. v. Crachndt, 10 Cox 
 Grim. Cas. 408. Willes, J.) 
 
 D 2 
 
52 Larceny, ^c. Act, 
 
 conTicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for 
 Ufe, or for any term not less than three years, — 
 or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and, if a 
 male under the age of sixteen years, with or 
 without whipping. 
 
 Inducing a 48. Whosoever, with intent to defraud or 
 Ttoienoe or i'^j^'^s 3,ny other person, shall, by any unlawful 
 threats to violence to or restraint of, or threat or violence 
 deeds, (Sc. to or restraint of, the person of another, or by 
 withinteiit accusing or threatening to accuse any person of 
 any treason, felony, or infamous crime as here- 
 inbefore defined, compel or induce any person to 
 execute, make, accept, indorse, alter, or destroy 
 the whole or any part of any valuable security, or 
 to write, impress, or affix his name, or the name 
 of any other person, or of any company, firm, or 
 copartnership, or the seal of any body corporate, 
 company, or society, upon or to any paper or 
 parchment, in order that the same may be after- 
 wards made or converted into, or used or dealt 
 with as, a valuable security, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for life, or for any term not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or vnthout hard 
 labour, and with or without solitary confinement. 
 
 It shall be 49. It shall be immaterial whether the menaces 
 
 immaterial or threats hereinbefore mentioned be of violence, 
 from whom .. l- i_ i -i i -, -, 
 
 the menaces mjury, or acousatiou to be caused or made by the 
 
 proceed. offender or by any other person. 
 
 As to sacrilege, burglary, and house- 
 breaking : 
 
 Breaking 50. Whosoever shall break and enter any 
 
 '"'h™'h™^ church, chapel, meeting house, or other place of 
 chapel and Divine worship, and commit any felony therein. 
 
24 4- 25 Vict. cap. 9fi. 53 
 
 or being in any churcli, chapel, meeting house, or oommittdn- 
 other place of Divine worship shall commit any ""^ '*^°"'' 
 felony therein and break out of the same, shall be 
 guilty of felony, and being con-ricted thereof shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for life, or for any term 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement. 
 
 51. Whosoever shall enter the dwelling house Burglary by 
 of another with intent to commit any felony *'™*'^i''g<»>t 
 therein, or being in such dwelling house shall 
 commit any felony therein, and shall in either 
 
 case break out of the said dwelling house in the 
 night, shall be deemed guilty of burglary. 
 
 52. Whosoever shall be convicted of the crime Burglary 
 of burglary shall be liable, at the discretion of 
 
 the court, to be kept in penal servitude for life, or 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or vyithout 
 solitary confinement. 
 
 53. No building, although within the same What build- 
 curtilage with any dwelling house, and occupied J£f^"SS'ge 
 therewith, shall be deemed to be part of such shall bo 
 dweHing house for any of the purposes of this of Z"^ ''°'''' 
 act, unless there shall be a communication between dwelling 
 such building and dwelling house, either im- 
 mediate, or by means of a covered and inclosed 
 passage leading from the one to the other. 
 
 54.(^^) Whosoever shall enter any dwelling Entering a 
 house in the night with intent to commit any ^q^"' ta the 
 
 ('*) Not necessaru to specify the goods. — In an indictment 
 for attempting to steal goods and chattels in a dwelling- 
 house it is not necessary to specify the goods : {Reg. v. 
 Johmon and another, 11 L. T. Eep. 389 ; 34 L. J. M. 0. 24.) 
 
54 
 
 Larceny, ^c. Act, 
 
 Breaking 
 into any 
 building 
 within the 
 curtilage 
 wbichisno 
 part of the 
 dwelling 
 house and 
 committing 
 any felony. 
 
 night with felony fherein, shall be guilty of felony, and being 
 mSmifany oonvicted thereof shall be liable, at the discretion 
 felony. q£ ^j^g go^rt, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 55. Whosoever shall break and enter any build- 
 ing, and commit any felony therein, such building 
 being within the curtilage of a dwelling house, 
 and occupied therewith, but not being part 
 thereof, according to the provision hereinbefore 
 mentioned, or being in any such building shall 
 commit any felony therein, and break out of the 
 same, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 Breaking 56. Whosoever shall break and enter any 
 
 "o°g6°Ihop, dwelling house, schoolhouse, shop, warehouse, or 
 warehouse, counting house, and commit any felony therein, 
 committing or, being in any dwelling house, schoolhouse,, shop, 
 any felony, -vyarehouse, or counting house, shall com m it any 
 felony therein, and break out of the same, shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not ex- 
 ceeding fourteen years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 House- 57. Whosoever shall break and enter any 
 
 Aorwith'in- dwelling house, church, chapel, meeting house, or 
 tent to com- pther place of Divine worship, or any building 
 
24 ^ 25 Vict. cap. 96. 55 
 
 witHn the curtilage, schoolliouse, shop, ware- mit any 
 house, or counting house, with intent to commit '®'°°y- 
 any felony therein, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding seven years and 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 couflnem.ent. 
 
 58. (^') Whosoever shall be found by night Being armed 
 armed with any dangerous or offensive weapon ^ bre'ak and 
 or instrument whatsoever, with intent to break or enter any 
 enter into any dwelling house or other building ii°"ht "" ° 
 whatsoever, and to commit any felony therein, or 
 shall be found by night having in his possession 
 without lawful excuse (the proof of which excuse 
 shall lie on such person) any picklock, key, crow, 
 jack, bit, or other implement of housebreaking, 
 or shall be found by night having his face black- 
 ened or otherwise disguised vnth intent to commit 
 any felony, or shall be found by night in any 
 dwelling house or other building whatsoever with 
 intent to com.mit any felony therein, shall be 
 guilty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 
 C) To support, a conviction under this section it is neces- 
 sary that the person should be proved to have the intent of 
 breaking into, or entering some particular building, and 
 proof of a general intent to break into houses will be in- 
 sufficient. The indiotmeut must, as in burglary, allege the 
 ownership a-nd situation of the premises intended to bo 
 broken into : (_Keg. v. Jarrald, 32 L. J. M. C. 258 ; 9 Cox 
 Grim. Cas. 307 ; Leigh & Ca,ve, 301.) 
 
 Possession oj implements — Possession by one. — Where 
 several persons are found out together by night for the 
 common purpose of housebreaking, and one only is in pos- 
 session of housebreakii;ig implements, all may be found 
 guilty of the misdemeanor of being found by night in 
 possession of implemonra of housebreaking without lawful 
 excuse, for the possession of one is in such case the posses- 
 sion of all : (^Reg. v. Thompson, 21 L. 1'. Rep. 397.) 
 
56 Larceny, Sfc. Act, 
 
 court, to be kept in penal servitude for the term of 
 three years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour. 
 
 The like 59. Whosoever shall be convicted of any such 
 
 previons misdemeanor as in the last preceding section 
 
 conviction mentioned, committed after a previous conviction, 
 
 ^r eony, gj^^^gr for felony orsuch misdemeanor, shall on such 
 
 subsequent conviction be liable, at the discretion 
 
 of the court, to be kept in penal servitude for any 
 
 term not exceeding ten years and not less than 
 
 three years, — or to be imprisoned for any term not 
 
 exceeding two years, with or without hard labour. 
 
 As to larceny in the house : 
 
 stealing in a 60. Whosoever shall steal in any dwelling 
 dwelling house any chattel, money, or valuable security, to 
 value of 51 the value in the whole of five pounds or more, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding fourteen years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 stealing in a 61. Whosoever shall steal any chattel, money, 
 dwelling qj- valuable security in any dwelling house, and 
 menaces. shall by any menace or threat put any one being 
 therein in bodily fear, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen years 
 and not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement. 
 
 As to larceny in manufactories : 
 
 stealing 62. Whosoever shall steal, to the value of ten 
 
 goods in shillings, any woollen, linen, hempen, or cotton 
 
24 4- 25 Vict. cap. 96. 57 
 
 yarn, or any goods or article of silk, woollen, linen, prooeas of 
 cotton, alpaca, or motair, or of any one or more of J^™"'""- 
 tliose materials mixed with each other, or mixed 
 with any other material, whilst laid, placed, or ex- 
 posed, during any stage, process, or progress of 
 manufacture, in any building, field, or other place, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding fourteen years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 As to larceny in ships, wharfs, &c. : 
 
 63. Whosoever shall steal any goods or mer- steaUng 
 chandise in any vessel, barge, or boat of any dooks^'''''' 
 description whatsoever in any haven, or in any wharfs, &a 
 port of entry or discharge, or upon any navigable 
 
 river or canal, or in any creek or basin belonging 
 to or communicating with any such haven, port, 
 river, or canal, or shaU. steal any goods or mer- 
 chandise from any dock, wharf, or quay adjacent 
 to any such haven, port, river, canal, creek, or 
 basin, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 64. Whosoever shall plunder or steal any part siealing 
 
 of any ship or vessel which shall be in distress, a^^ess'or ° 
 or wrecked, stranded, or cast on shore, or any wrecked, 
 goods, merchandise, or articles of any kind 
 belonging to such ship or vessel, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding • 
 D 3 
 
68 Larceny, Src. Act, 
 
 fourteen years and not less than three years, — 
 or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement ; and the offender 
 may be indicted and tried either in the county 
 or place in which the offence shall have been com- 
 mitted or in any county or place next adjoining. 
 
 Persons in 65. If any goods, merchandise, or articles of 
 Km"'"" ^°y ^"'^ belonging to any ship or vessel in 
 wrecked distress or wrecked, stranded, or cast on shore, 
 KWing°B°' shall be found in the possession of any person, or 
 satisfactory gn the premises of any person with his know- 
 ledge, and such person, being taken or summoned 
 before a justice of the peace, shall not satisfy 
 the justice that he came lawfully by the same, 
 then the same shall, by order of the justice, be 
 forthwith delivered over to or for the use of the 
 rightful owner thereof ; and the offender shall, 
 on conviction of such offence before the justice, at 
 the discretion of the justice, either be committed 
 to the common gaol or house of correction, there 
 to be imprisoned only, or to be imprisoned and 
 kept to hard labour, for any term not exceeding 
 six months, or else shall forfeit and pay, over and 
 above the value of the goods, merchandise, or 
 articles, such sum of money not exceeding twenty 
 pounds as to the justice shall seem meet. 
 
 If any per- ^6. If any person shall offer or expose for sale 
 
 Bon offers any goods, merchandise, or articles whatsoever, 
 
 goodsW which shall have been unlawfully taken, or shall 
 
 sale the ^g reasonably suspected so to have been taken, 
 
 goods may l.- l • j- j. i j 
 
 be seized, from any snip or vessel in distress, or wrecked, 
 ■ stranded, or cast on shore, in every such case any 
 
 person to whom the same shall be offered for 
 sale, or any officer of the customs or excise, or 
 peace officer, may lawfully seize the same, and 
 shall with all convenient speed carry the same, 
 or give notice of such seizure to some justice of 
 the peace; and if the person who shall have 
 
24 ^ 25 Vict cap. 96. 59 
 
 offered or exposed the same for sale, being sum- 
 moned by such justice, shall not appear and 
 satisfy the justice that he came lawfully by suoh 
 goods, merchandise, or articles, then the same 
 shall, by order of, the justice, be forthwith de- 
 livered over to or for the use of the rightful 
 owner thereof, upon payment of a reasonable 
 reward (to be ascertained by the justice) to the 
 person who seized the same ; and the offender 
 shall, on conviction of such offence by the justice, 
 at the discretion of the justice, either be com- 
 mitted to the common gaol or house of correction, 
 there to be imprisoned only, or to be imprisoned 
 and kept to hard labour, for any tenn not exceeding 
 six months, or else shall forfeit and pay, over and 
 above the value of the goods, merchandise, or 
 articles, such sum of money not exceeding twenty 
 pounds as to the justice shall seem meet. 
 
 As to larceny or embezzlement by clerks, 
 servants, or persons in the public service : 
 
 67.(^'') Whosoever, being a clerk or servant. Larceny by 
 or being employed for the purpose or in the capa- seryaota 
 
 (20) Servant fravd-uknUy accounting for nwfmy enti^usted to 
 Mm for payment. — A servant's duty was to give out materials 
 to be wrought up and pay tlie workmen when the work 
 was finished, and for this purpose he received cash from his 
 masters, and at the end of each week he accounted to them 
 for sums so received and paid. The cash was kept by him, 
 but he was not authorised to apply the money in any other 
 way. He paid 0. 13s. and fraudulently charged his 
 employers as having paid 14s. 8d.. and appropriated the 
 Is. 8d. to his own use. Held, that this amounted to larceny : 
 (Seg. v. Low, 13 L. T. Bep. 642. ) 
 
 Servant appi^opriating money to his own vse. — Money was 
 given to the prisoner for the purpose of paying turnpike 
 tolls at two gates on hia journey. Twelve days afterwards, 
 on being asked if he had paid the toll at one of the gates, 
 he said he had not — that he had gone by a parish road, 
 which only crossed the road at the gate, and so no toll was 
 payable there, and that he had spent the money on beer 
 for himself and his mates. The prisoner having been con- 
 victed of larceny of the money, but it not appearing on a 
 case reserved as to whether the facts proved a larceny, 
 
60 Larceny, #c. Act, 
 
 city of a clerk or servant, shall steal any ohattel, 
 money, or valuable security belonging to or in the 
 possession or power of his master or employer, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding fourteen years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 and, if a male under the age of sixteen years, 
 with or without whipping. 
 
 Embezzle- 68.('^) Whosoever, being a clerk or servant, 
 , derksor Or being employed for the purpose or in the 
 
 servants. 
 
 that the question of felonious intent had been distinctly 
 left to the jury, the court quashed the couvictiou • (Reg. v. 
 Beei-ing, 20 L. T. Eep. 680.) 
 
 (21) Under this section it was held that where A. agreed to 
 engage B. as agent, or traveller, for the sale of coals, at a . 
 salary of one guinea per week, and one shilling per ton, as 
 commission on coals sold, and sixpence per ton on coals 
 sold to dealers procured by B. as customers, and B. agreed 
 to collect all moneys in connection with his orders, the com- 
 mission not to be due until the money was received by A., 
 and moneys received by B. not to be kept more than one 
 week in his hands ; that B. was a clerk, or servant. 
 
 But it was also held in the same case, that where, after B. 
 had been in A.'s service about a year, B. being desirous of 
 selling coals by retail on his own account, A. agreed to supjjly 
 him with coals, and then made the following alteration in 
 their agreemen t, — " As you are now going into the retail coal 
 trade on your own account, we think it best to have a proper 
 understanding, and in future we pay you a commission ouly. 
 your salary will be stopped from this date ; there is a largo 
 amoimt against you, and we request you to get it in," — that 
 under this new agreement B. was not a clerk, or servant • 
 QReg v. Bowers, 15 Cox Grim. Gas. 260 ; 35 L. J. M. V. 206.) 
 
 A commission, agent not a clerk or servant — The prisoner 
 was employed by a coal merchant nnder an agreement 
 " that he was to receive Is. per ton procuration fee, payable 
 out of the first payment, 4 per cent, for collecting, and Sd. 
 on the last payment. Collections to be paid on Friday 
 evening before five p.m. ; on Saturday before two p.m." 
 He received no salary, was not obliged to be at the office 
 except on Friday or Saturday, to account for what money 
 he had received. He was at liberty to go where he pleased 
 for orders. Held, that the prisoner was not a clerk or 
 
24 4- 25 Vict. cap. 96. 61 
 
 capacity of a clerk or servant, shall fraudulently 
 embezzle any chattel, money, or valuable security. 
 
 servant withia the statute: (Reg. v. Marshall, 21 L. T. 
 Rep. 796.) 
 
 IMie prisoner agreed with the prosecutor, a manufacturer 
 of earthenwnre, to act as his traveller, and " diligently 
 employ himself by going from town to town in England, 
 Irelund, and Scotland, and soliciting orders for the printed 
 and decorated earthenware, manufactured by" the prose- 
 cutor, and that he would not, without the consent in 
 writing of the prosecutor, " take or execute any order for 
 vending or disposing of any goods of the nature or kind 
 aforesaid for or on account of himself or any other person." 
 It was further agreed that the prisoner should be paid by 
 commission, and should render weekly accounts. The 
 prosecutor subsequently gave the prisoner written per- 
 mission to take orders for two other manufacturers. The 
 prisoner being indicted under the 68th section : Held, that 
 he was a " clerk or servant" of the prosecutor within the 
 meaning of the section: (Reg. v. Tm-Tier, 22 L. T. Bep. 
 278.) 
 
 Who not a clerh or servant. — The treasurer of a friendly 
 society, under the 18 & 19 Vict., c. 63, into whose hands 
 the moneys received on behalf of the society were to be 
 paid, and who was to pay no money exoopt by an order 
 signed by the secretary, and countersigned by the chairman 
 or a ti'ustee, and who, by the statute, was bound to render 
 an account to the trustees, and pay over the balance on 
 such accounting when required, is not a clerk or servant, 
 and cannot be indicted for embezzlement of such balance : 
 (Reg. V. Tp^, 19 L. T. Eep. 657 ; 1 Law Bep. 0. C. Res. 177.) 
 
 BemJUbvilding society — Secretary. — The trusteesof abenefit 
 building society borrowed money for the purposes of their 
 society on their individual responsibility (there being no 
 rule of the society authorising them to borrow money.) 
 The money on one occasion was received by the secretary 
 and embezzled by him. Held, that the secretary mi^ht be 
 charged with embezzlement as the servant of W. and others, 
 W. being one of the trustees, and a member of the societv : 
 (Reg. V. Redford, 21 L. T. Bep. 508.) 
 
 Assistant overseer. — An assistant overseer of the poor, 
 appointed by the inhabitants of a parish in vestry assembled, 
 by virtue of the 59 Geo. 3, c. 12, s. 7, is properly described 
 iu an indictment for embezzlement of moneys collected by 
 him for poor-rate, as the servant of the inhabitants of the 
 parish. (Reg. v. Carpenter, 14 L. T. Bep. 572 ; 35 L. J. 
 M. C. 169.) 
 
 County court bailiff. — A county court bailiff was indicted 
 for embezzling moneys of the prosecutor, the high bailiff. 
 The moneys embezzled were received on levies under 
 county court processes. Held, that the charge could not 
 be sustained, as the relation of master and aervaut did not 
 
62 Larceny, ire Act, 
 
 wMch shall be delivered to or received or taken 
 into possession by him for or in the name or on 
 the account of his master or employer, or any part 
 thereof, shall be deemed to have feloniously stolen 
 the same from his master or employer, although 
 such chattel, money, or security was not received 
 into the possession of such master or employer 
 otherwise than by the actual possession of his 
 clerk, servant, or other person so employed, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen years 
 and not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement, and, if a male, under the age of 
 sixteen years, with or without whipping. 
 
 Larceny by 69. Whosoever, being employed in the public 
 th™Queen'a ss'^^ioe of Her Majesty, or being a constable or 
 service, or other person employed in the police of any 
 county, city, borough, district, or place what- 
 soever, shall steal any chattel, money, or valuable 
 security belonging to or in the possession or 
 power of Her Majesty, or intrusted to or received 
 
 exist between the bailiff and the high-bailiff, nor was the 
 bailiff bouad to pay over the moneys to him : (JBeg. v. Glover, 
 10 L. T. Hep. 582 ; 33 L. J. M. C. 169.) 
 
 Trades union — Embezzlement of funds by its officers. — An 
 unregistered friendly society or trades union rnfiy pro- 
 secute its servants for embezzlement of its property, though 
 some of its rules may be void as being in restraint of trade, 
 and contrary to public policy : (JReg. v. Stainer, 21 L. T. 
 Kep. 758.) 
 
 Money —Cheque not converted. — An indictment for em- 
 bezzling money under sects. 67 and 68 is not proved by 
 showing merely that the prisoner embezzled a cheque 
 without evidence that he has converted the cheque into 
 money: (Beg. v. Keena, 17 L. T. Eep. 515; Law Bep. 
 1 0. C. Res., 113.) 
 
 The 31 & 32 Vict. c. 116 (" An Act to amend the Law 
 relating to Larceny and Embezzlement ") greatly extends 
 the law upon this subject by including members of a co- 
 partnership : (see the statute, post.') 
 
 by the police 
 
24 ^ 25 Vict. cap. 96. 63 
 
 or taken into possession by tim by virtue of bis 
 emplo3rment, sball be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years,' — or to be imprisoned for any 
 term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 70. Whosoever, being employed in the public Embezzic- 
 service of Her Majesty, or being a constable or "e^ona'^jn 
 other person employed in the police of any 'he Queen's 
 county, city, borough, district, or place, what- by the police 
 soever, and intrusted by virtue of such employ- 
 ment with the receipt, custody, management, or 
 control of any chattel, money, or valuable security, 
 shall embezzle any chattel, money, or valuable 
 security, which shall be intrusted to or received or 
 taken into possession by him by virtue of his 
 employment, or any part thereof, or in any manner 
 fraudulently apply or dispose of the same or any 
 part thereof to his own use or benefit, or for any 
 purpose whatsoever except for the public service, 
 shall be deemed to have feloniously stolen the 
 same from Her Majesty, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding fourteen years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour ; and every offender against this or the Venue, 
 last preceding section may be dealt with, indicted, 
 tried, and punished either in the county or place 
 in which he shall be apprehended or be in cus- 
 tody, or in which he shall have committed the 
 offence ; and in every case of larceny, embezzle- Form of 
 ment, or fraudulent application or disposition of ^o^^Ji^^'nt 
 any chattel, money, or valuable security in this and indict- 
 and the last preceding section mentioned, it shaU ™*° • 
 be lawful in the warrant of commitment by the 
 
64 Larceny, ^c. Act, 
 
 justice of the peace before whom the offender shall 
 be charged, and in the indictment to be preferred 
 against such off endjgr, to lay the property of any such 
 chattel, money, or valuable security in Her Majesty. 
 
 Ustinctacto 71. For preventing difficulties in the prose- 
 of embezzle- cution of offenders in any case of embezzlement, 
 ^argedfn ^ fraudulent application or disposition, hereinbefore 
 '^di^t™^ mentioned, it shall be lawful to charge in the 
 indictment and proceed against the offender for 
 any number of distinct acts of embezzlement, or 
 of fraudulent application or disposition, not ex- 
 ceeding three, which may have been committed 
 by him against Her Majesty or against the same 
 master or employer, within the space ,of six months 
 from the first to the last of such acts ; and in 
 every such indictment where the offence shall 
 relate to any money or any valuable security it 
 shall be sufficient to allege the embezzlement, or 
 fraudulent application or disposition, to be of 
 money, without specifying any particular coin or 
 valuable security ; and such allegation, so far as 
 regards the description of the property, shall be 
 sustained if the offender shall be proved to have 
 embezzled or fraudulently applied or disposed of 
 any amount, although the particular species of 
 coin or valuable security of which such am.ount 
 was composed shall not be proved ; or if he shall 
 be proved to have embezzled or fraudulently 
 applied or disposed of any. piece of coin or any 
 valuable security, or any portion .of the value 
 thereof, although such piece of coin or valuable 
 security may have been delivered- to him in order 
 that some part of the value thereof should be 
 returned to the party delivering the same, or to 
 some other person, and such part shall have been 
 returned accordingly. 
 
 Persona 72. If upon the trial of any person indicted for 
 
 indicted for embezzlement, or fraudulent application or dis- 
 ment as a position as aforesaid, it shall be proved that he 
 
24 #25 Vict. cap. 96. 65 
 
 took the property in question in any such manner clerk, te., 
 as to amount in law to larceny, he shall not by ao'uuted if 
 reason thereof be entitled to be acquitted, but the the offence 
 jury shall be at liberty to return as their verdict lete^y , 
 that such person is not guilty of embezzlement, or ■""* ""* 
 fraudulent application or disposition, but is guilty '"^'"'' 
 of simple larceny, or of larceny as a clerk, servant, 
 or person employed for the purpose or ia the 
 capacity of a clerk or servant, or as a person em- 
 ployed in the public service, or in the police, as 
 the case ^ may be ; and thereupon such person 
 shall be liable to be punished in the same manner 
 as if he had been convicted upon an indictment 
 for such larceny ; and if upon the trial of any per- 
 son indicted fpr larceny it shall be proved that he 
 took the property in question in any such manner 
 as to amount in law to embezzlement, or frau- ' 
 dulent application or disposition as aforesaid, he 
 shall not by reason thereof be entitled to be 
 acquitted, but the jury shall be at liberty to 
 return as their verdict that such person is not 
 guilty of larceny, but is guilty of embezzlement, 
 or fraudulent application or disposition, as the 
 case may be, and thereupon such person shall be 
 liable to be punished in the same manner as if he 
 had been convicted upon an indictment for Such 
 embezzlement, fraudulent application or dispo- 
 sition ; and no person so tried for embezzlement, 
 fraudulent application or disposition, or larceny as 
 aforesaid, shall be liable to be afterwards pro- 
 secuted for l9,rceny, fraudulent application or 
 disposition, or embezzlement, upon the same 
 facts. 
 
 7'd.(^^) Whosoever, being an officer or servant Embezzie- 
 of the Governor and Company of the Bank of oiTevTot 
 England or of the Bank of Ireland, and being «"« Bank of 
 intrusted with any bond, deed, note, bill, dividend I'refand. °^ 
 
 ('-') This section is more comprehensive than the 12th 
 section of the 15 Geo. 2, c. 13. 
 
66 Larcmy, ^c. Act, 
 
 warrant, or warrant for pajrment of any annuity 
 or interest, or money, or witt any security, 
 money, or other effects of or belonging to the 
 Baid Governor and Company, or having any bond, 
 deed, note, bill, dividend warrant, or warrant for 
 pajrment of any annuity, or interest, or money, 
 or any security, mbney, or other effects of any 
 other person, body politic or corporate, lodged 
 or deposited with the said Governor and Com- 
 pany, or with him as an officer or servant of the 
 said Governor and Company, shall secrete, em- 
 bezzle, or run away with any such bond, deed, 
 note, bill, dividend or other warrant, security, 
 money, or other effects as aforesaid, or any part 
 thereof, shall be guilty of felony, and being con- 
 victed thereof shall be hable, at the discretion of 
 ■ the court, to be kept in penal servitude for life 
 or for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 As to larceny by tenants or lodgers : 
 
 Tenant or 74. Whosoever shall steal any chattel or fixture 
 ■°'is?5 ^^- let to be used by him or her in or with any house 
 or flxtare let or lodging, whether the contract shall have been 
 hoS^roT"*' entered into by him or her or by her husband, 
 odginga. or by any person on behalf of him or her or her 
 husband, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 arid with or without solitary confinement, and, 
 if a male under the age of sixteen years, with or 
 without whipping, and, in case the value of such 
 chattel or fixtures shall exceed the sum of five 
 pounds, shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 
24 ^ 25 Vict. cap. 96. 67 
 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping ; and in every case of stealing 
 any chattel in this section mentioned it shall be 
 lawful to prefer an indictment in the common 
 form as for Isirceny, and in eVery case of stealing 
 any fixture in this section mentioned to prefer an 
 indictment in the same form as if the offender were 
 not a tenant or lodger, and in either case to lay 
 the property in the owner or person letting to hire. 
 
 As to frauds by agents, bankers, or factors : 
 75. Whosoever, having been intrusted, either Agent, 
 solely, or jointly with any other person, as a embSitag' 
 banker, merchant, broker, attorney, or other ™<™ey or 
 agent, with any money or security for the pay- llourifies, 
 ment of money, with any direction in writing to ^'^^"'"^ 
 apply, pay, or deliver such money or security or 
 any part thereof respectively, or the proceeds or 
 any part of the proceeds of such security, for any 
 purpose, or to any person specified in such direc- 
 tion, shall, in violation of good faith, and contrary 
 to the terms of such direction, in any~wise convert 
 to his own use or benefit, or the use or benefit of 
 any person other than the person by whom he 
 shall have been so intrusted, such money, security, 
 or proceeds, or any part thereof respectively ; and 
 whosoever, having been intrusted either solely, 
 or jointly with any other person as banker, mer- or goods, 
 chant, broker, attorney, or other agent, with any to iiim fo, 
 chattel or valuable security, or any power of safe custody, 
 attorney for the sale or transfer of any share or 
 interest in any public stock or fund, whether of 
 the United Kingdom, or any part thereof, or of 
 any foreign state, or in any stock or fund of any 
 body corporate, company, or society, for safe 
 custody or for any special purpose, without any 
 authority to sell, negotiate, transfer, or pledge, 
 shall, in violation of good faith, and contrary to 
 
68 Larceny, ^c. Act, 
 
 tlie object or purpose for wMcli suoli cHattel, 
 security, or power of attorney stall have been in- 
 trusted to bim, to sell, negotiate, transfer, pledge, 
 or in any manner convert to Ms own use or benefit, 
 or tbe use or benefit of any person other than 
 the person by whom he shall have been so in- 
 trusted, such chattel or security, or the proceeds 
 of the same, or any part thereof, or the share or 
 interest in the stock or fund to which such power 
 of attorney shall relate, or any part thereof, shall 
 Punishment be guilty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour. 
 Not to affect and with or without solitary confinement ; but 
 mor^agees; nothing in this section contained relating to agents 
 shall affect any trustee in or under any instrument 
 whatsoever, or any mortgagee of any property, 
 real or personal, in respect of any act done by 
 such trustee or mortgagee in relation to the pro- 
 perty comprised in or affected by any such trust 
 nor bankers, or mortgage ; nor shall restrain any banker, 
 fng money merchant, broker, attorney, or other agent from 
 due on receiving any money which shall be or become 
 ' actually due and payable upon or by virtue of any 
 valuable security, according to the tenor and effect 
 thereof, in such manner as he might have done if 
 or disposing this act had not been passed ; nor from selling, 
 on whiS'^^ transferring, or otherwise disposing of any secu- 
 thoy have a rities Or effects in his possession upon which he 
 shall have any lien, claim, or demand entitling 
 him by law so to do, unless such sale, transfer, or 
 other disposal shall extend to a greater number or 
 part of such securities or effects than shall be re- 
 quisite for satisfying such lien, claim, or demand. 
 
 Bankers, Ac. 76. Whosoever, being a banker, merchant, 
 fraudulently iji-gker, attorney, or agent, and being intrusted. 
 
24 ^ 25 Vict. cap. 96. 69 
 
 either solely, or jointly with any other person, selling, &c., 
 with the property of any other person for safe Smtod to 
 custody, shall, with intent to defraud, sell, their care, 
 negotiate, transfer, pledge, or in any manner 
 convert or appropriate the same or any part 
 thereof to or for his own use or benefit, or the 
 use or benefit of any person other than the person 
 by whom he was so intrusted, shall be guilty of a 
 misdemeanor, and being convicted thereof shall 
 be liable, at the discretion of the court, to any of 
 the punishments which the court may award as 
 hereinbefore last mentioned. 
 
 77. Whosoever, being intrusted, either solely. Persons 
 or jointly with any other person, with any power "0*"^^ „£ 
 of attorney for the sale or transfer of any pro- attorney 
 perty, shall fraudulently sell or transfer or other- selling °°' ^ 
 wise convert the same or any part thereof to his property. 
 own use or benefit, or the use or benefit of any 
 
 person other than the person by whom he was so 
 intrusted, shall be guilty of a misdemeanor, and. 
 being convicted thereof shaU be liable, at the dis- 
 cretion of the court, to any of the punishments 
 which the court may award as hereinbefore last 
 mentioned. 
 
 78. Whosoever, being a factor or agent in- Poctms 
 trusted, either solely, or jointly with any other °^^'^^j,"Jo„ 
 person, for the purpose of sale or otherwise, with the property 
 the possession of any goods, or of any document prinotpala 
 of title to goods, shall, contrary to or without the 
 authority of his principal in that behalf, for his 
 
 own use or benefit, or the use or benefit of any 
 person other than the person by whom he was so 
 intrusted, and in violation of good faith, make 
 any consignment, deposit, transfer, or delivery of 
 any goods or document of title so intrusted to 
 him as in this section before mentioned, as and 
 by way of a pledge, lien, or security for any 
 money or valuable security borrowed or received 
 by such factor or agent at or before the time of 
 
70 Larceny, ^c. Act, 
 
 making such consignment, deposit, transfer, or 
 delivery, or intended to be thereafter borrowed or 
 received, or shall^ contrary to or without such 
 authority, for his own use or benefit, or the use 
 or benefit of any person other than the person by 
 whom he was so intrusted, and in violation of 
 good faith, accept any advance of any money or 
 \aiuabIo security on the faith of any contract or 
 agreement to consign, deposit, transfer, or deliver 
 any such goods or document of title, shall be 
 guilty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to any of the punishments which the court 
 oieiliB may award as hereinbefore last mentioned ; and 
 ■wilfully every clerk and other person who shall knowingly 
 °' and wilfully act and assist in making any such 
 consignment, deposit, transfer, or delivery, or in 
 accepting or procuring such advance as aforesaid, 
 shall be guilty of a misdemeanor, and being con- 
 victed thereof shall be liable, at the discretion of 
 CttEBB excep- the court, to any of the same punishments : pro- 
 the pMge vided, that no such factor or agent shall be liable 
 doBBDot to any prosecution for consigning, depositing, 
 amount of transferring, or delivering any such goods or 
 their lien, documents of title, in case the same shall not be 
 made a security for or subject to the payment of 
 any greater sum of money than the amount 
 which at the time of such consignment, deposit, 
 transfer, or delivery was justly due and owing to 
 such agent from his principal, together with the 
 amount of any bill of exchange drawn by or on 
 account of such principal, and accepted by such 
 factor or agent. 
 
 Deflnitiona 79. Any factor or agent intrusted as aforesaid, 
 "intrusted ■" ^^^ possessed of any such document of title, 
 whether derived immediately from the owner of 
 such goods or obtained by reason of such factor 
 or agent having been La trusted with the possession 
 of the goods, or of any other document of title 
 
24 ^ 25 Vict. cap. 96. 71 
 
 tliereto, shall be deemed to have been intrusted 
 with the possession of the goods represented by 
 such document of title ; and every contract " pledge :" 
 pledging or giving a Uen upon such document of 
 title as aforesaid shall be deemed to be a pledge 
 of and lien upon the goods to which the same 
 relates ; and such factor or agent shall be deemed "posaeBBed:" 
 to be possessed of such goods or document, 
 whether the same shall be in his actual custody, 
 or shall be held by any other person subject to his 
 control, or for him or on his behalf ; and where 
 any loan or advance shall be bona fide made to "Advance:" 
 any factor or agent intrusted with and in posses- 
 sion of any such goods or document of title, on 
 the faith of any contract or agreement in writing 
 to consign, deposit, transfer, or deUver such goods 
 or documents of title, and such goods or docu- 
 ment of title shall actually be received by the 
 person making such loan or advance, without 
 notice that such factor or agent was not autho- 
 rised to make such pledge or security, every such 
 loan or advance shall be deemed to be a loan or 
 advance on the security of saoh goods or docu- 
 ment of title within the meaning of the last pre- 
 ceding section, though such goods or document of 
 title shall not actually be received by the person 
 making such loan or advance till the period subse- 
 quent thereto ; and any contract or agreement, " Contract 
 whether made direct with such factor or agent, ^enl'"^ 
 or with any clerk or other person on his behalf, 
 shall be deemed a contract or agreement with 
 such factor or agent ; and any payment made, "Advance.- 
 whether by money or bUl of exchange or other 
 negotiable security, shall be deemed to be an 
 advance within the meaning of the last preceding 
 section ; and a factor or agent in possession as Poj^"!^™ 
 aforesaid of such goods or document shall be aence of in- 
 taken, for the purposes of the last preceding sec- t™=«°g- 
 tion, to have been intrusted therewith by the owner 
 thereof, unless the contrary be shown in evidence. 
 
72 Larceny, Sfc. Act, 
 
 Trustees 80. Whosoever, being a trustee of any pro- 
 
 dtapo"i™'!if perty for the use or benefit, either wholly or 
 property, partially, of some other person, or for any public 
 miede- or charitable purpose, shall, with intent to defraud, 
 meaner. convert or appropriate the same or any part 
 thereof to or for his own use or benefit, or the use 
 or benefit of any person other than such person 
 as aforesaid, or for any purpose other than such, 
 public or charitable purpose as aforesaid, or other- 
 wise dispose of or destroy such property or any 
 part thereof, shall be guilty of a misdemeanor, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to any of the punishments 
 which the court may award as hereinbefore last 
 No proseou- mentioned : provided, that no proceeding or pro- 
 commenced^ secution for any offence included in this section 
 without the shall be commenced without the sanction of Her 
 some judge Majesty's Attorney-General, or, in case that oflSce 
 SeySleteral ^^ vacant, of Her Majesty's Solicitor-General : 
 provided also, that where any civil proceeding 
 shall have been taken against any person to whom 
 the provisions of this section may apply, no 
 person who shall have taken such civil proceeding 
 shall commence any prosecution under this section 
 without the sanction of the court or judge before 
 whom such civU proceeding shall have been had 
 or shall be pending. 
 
 Directors, 81. Whosoever, being a director, member, or 
 
 body oOTpo- P^^li" officer of an.y body coi-porate or public ' 
 rate or pub- company, shall fraudulently take or apply for his 
 
 lie company i: ■' in, i rr^ 
 
 fraudulently own use or benefat, or tor any use or purposes 
 ato™''"" other than the use or purposes of such body 
 property; corporate or public company, any of the pro- 
 perty of such body corporate or public com- 
 pany, shall be guilty of a misdemeanor, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to any of the punish- 
 ments which the court may award as hereinbefore 
 last mentioned. 
 
24 ^ 25 Vict. cap. 96. 73 
 
 82. Whosoever, being a director, public officer, or keeping 
 
 " " frauduleu' 
 
 accounts ; 
 
 or manager of any body corporate, or^public com' ''■''"*"i™' 
 
 pany, shall as such receive or possess himself of 
 any of the property of such body corporate or public 
 company otherwise than in payment of a just debt 
 or demand, and shall, with intent to defraud, 
 omit to make or to ' cause or direct to be made a 
 full and true entry thereof in the boots and 
 accounts of such body corporate or public com- 
 pany, shall be guilty of a misdemeanor, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to any of the punishments which the 
 court may award as hereinbefore last mentioned. 
 
 83. Whosoever, being a director, manager, or wilfully 
 public officer, or member of any body corporate 2°^^°^^*. 
 or public company, shall, with intent to defraud, 
 destroy, alter, mutilate, or falsify any book, paper, 
 writing, or valuable security belonging to the 
 
 body corporate or pubUc company, or make or 
 concur in the making of any false entry, or omit 
 or concur in omitting any material particular, in 
 any book of account or other document, shall be 
 gmlty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to any of the punishments which the court 
 may award, as hereinbefore last mentioned. 
 
 84. Whosoever, being a director, manager, or or pubUsh- 
 publio officer of any body corporate or public {"^/^tTt*"" 
 company, shall make, circulate, or publish, or ment^. 
 concur in making, circulating, or publishing, any 
 written statement or account which he shall know 
 
 to be false in any material particular, with intent 
 to deceive and defraud any member, shareholder, or 
 creditor of such body corporate or pubUo com- 
 pany, or with intent to induce any person to 
 become a shareholder or partner therein, or to 
 intrust or advance any property to such body 
 corporate or public company, or to enter into any 
 security for the benefit thereof, shall be guilty of 
 
74 Larceny, ^c. Act, 
 
 a misdemeanor, and being convicted thereof shall 
 be liable, at tbe discretion of tbe court, to any of 
 the punishments which the court may award, as 
 hereinbefore last mentioned. 
 
 No person to 85. Nothing in any of the last ten preceding 
 from *™^' sections of this act contained shall enable or en- 
 answering title any person to refuse to make a full and 
 any^oourt,™ complete discovery by answer to any bill in 
 but no per- equity, or to answer any question or interrogatory 
 a disclosure iu any civil proceeding in any court, or upon the 
 putaonr°pro- ^^^™g °^ ^"ly matter in bankruptcy or insol- 
 cefdingtobe venoy; and no person shall be liable to be 
 p'roseoution. convicted of any of the misdemeanors in any of 
 the said sections mentioned by any evidence 
 whatever in respect of any act done by him, if he 
 shall at any time previously to his being charged 
 with such offence have first disclosed such act on 
 oath, in consequence of any compulsory process 
 of any court of law or equity, in any action, suit, 
 or proceeding which shall have been bond fide 
 instituted by any party aggrieved, or if he shall 
 have first disclosed the same in any compulsory 
 examination or deposition before any court upon 
 the hearing of any matter in bankrutcy or 
 insolvency. 
 
 j^fo remedy 86. Nothing in any of the last eleven preced- 
 equttysMi ™S Sections of this act contained, nor any pro- 
 be affected, oeeding, conviction, or judgment to be had or 
 taken thereon against any person under any of 
 the said sections, shall prevent, lessen, or impeach 
 any remedy at law, or in equity, which any party 
 aggrieved by any offence against any of the said 
 sections might have had if this act had not been 
 Convictions passed ; but no conviction of any such offender 
 Svedin" shall be received in evidence in any action at law 
 evidence in Or Suit in eqtiity against him ; and nothing in the 
 oivii suits, gg^j^ sections contained shall affect or prejudice 
 any agreement entered into or security given by 
 any trustee, having for its object the restoration 
 
24 # 25 Vict. cap. 96. 75 
 
 or^ repayment of any trust property misappro- 
 priated. 
 
 87. No misdemeanor against any of the last oertain mis- 
 twelve preceding sections of this act shall be demeanors 
 prosecuted or tried at any court of general or BesBions. 
 quarter sessions of the peace. 
 
 As to obtaining money, &c*, by false pre- 
 tences : 
 
 88.(^^) Whosoever shall by any false pretence False 
 obtain from any other person any chattel, money, p^'^'^s. 
 
 (^ False pretence, or larceny. — It was the duty of the 
 priaoner, a clerk, to pay dock dues upon goods exported by 
 his master, and, tipon ascertaining the amount required 
 upon each days export before paying it to obtain the sum 
 from his master's cash-keeper. The prisoner knowing that 
 11. 3«. only was due on one of those days, fraudulently 
 represented to the cash-keeper that a larger sum was due, 
 and having obtained that, he paid the 12. 3s. and appro- 
 priated the difference. Upon this it was held that although 
 the evidence would have been sufScient to support an in- 
 dictment for false pretences, he was not guilty of larceny: 
 (ifeff. V. Thompson, 7 L. T. Eep. 393 ; 32 L. J. M. 0. 57.) 
 
 Existing fact — Promise. — Money was obtained by the 
 prisoner from an unmarried woman, on the false repre- 
 sentation that he was a single man, and that he would 
 furnish a house with the money, and would then marry 
 her. Upon this it was held that the false representation of 
 an existing fact (that he was a single man) was sufficient 
 to support a conviction for false pretences, although the 
 money was obtained by that representation, united with 
 the promise to furnish a house and then niarry her : (Reg. 
 V. Jennixon, 6 L. T. Eep. 266 ; 33 L. J. M. C. 146.) 
 
 Fcise pi-etence — A promise. — The prosecutor lent 10/. to 
 the prisoner on the false pretence that he was going to pay 
 his rent, and if the prisoner had not told him that he was 
 going to pay his rent, the prosecutor would not have lent 
 the money. Held, that this was not a false pretence of an 
 existing fact to warrant a conviction : (Eeg. v. Lee, 8 L. T. 
 Bep. 437.) 
 
 False statement of existing fact. — An indictment charged 
 that the prisoner did falsely pretend to A. that she (the 
 prisoner) had power to bring back A.'s husband to her. 
 The evidence was that A. met a woman, and conversed with 
 her, and in consequence of that A. went to the prisonet 
 and asked her to tell her a few words by the cards to 
 fetch her husband back. The prisoner then asked what 
 money the prosecutrix bad, ntid obtained from her some 
 
 e2 
 
76 Larceny, ^c. Aci, 
 
 or valuable security, with intent to defraud, shall 
 be guilty of a misdemeanor, and being convicted 
 
 money and a drees. The prisoner said that she could bring 
 A.'s husband back over hedges and ditches with the stuff 
 she had to work upon. Held, first, that the indictment 
 charged a false pretence of an existing fact, and was good : 
 Secondly, that the evidence was sufQcient, connecting it 
 together, to show wiat the money was parted with in con- 
 sequence of the false pretence, and not antecedently to the 
 making of it : (Beg. v. Giles,, 11 L. T. Eep. 643 ; 34 L. J. 
 M. 0. 50.) 
 
 Rejn'esentafion of a trade mavh. — A false representation 
 that a stamp on a watch was the hall mark of the Gold- 
 smith's Company, and that the number 18, part thereof, 
 indicated that the watch was made of eighteeu-carat gold, 
 is an indictable offence, and is not the less so because 
 accompanied by a representation that tlie watch was a gold 
 one, and some gold was proved to have been contained in 
 its composition : (Reg. v. Suter and another, 17 L. T. Eep. 
 1770 
 
 Notes of a hank whick has stopped. — The defendant know- 
 ing that some old country bank notes had been taken by 
 his uncle forty years before, and that the bank had stopped 
 payment, gave them to a man to pass, telling him to say, 
 if asked about them, that he had taken them from a man 
 he did not know. The man passed the notes, and the 
 defendant obtained value for them. Held, that the defen- 
 dant was guilty of obtaining money by false pretences; 
 also, that the bankruptcy proceedings need not be proved : 
 (Beg. V. Dowey, 17 L. T. Eep. 481; 37 L. J., M. 0. 62.) 
 
 Bepresentation that goods were wdncumbered. — The prose- 
 cutor lent money to the prisoner at interest on the security of 
 a bill of sale ou furniture, a promissory note of prisoner and 
 another person, and a declaration made by the prisoner that 
 the furniture wag unencumbered. The declaration was 
 untrue at the time it was handed to the prosecutor, the 
 prisoner having a few hours before given a bill of sale for 
 the furniture to another person, but not to its full value. 
 Held, that there was evidence to go to the jury in support 
 of a charge of obtaining money by false pretences : (Beg. v. 
 Meakin, 20 L. T. Rep. 544.) 
 
 Pretending to carry on a mtdness. — The prisoner obtained 
 a sum of money from the prosecutor by pretending that he 
 earned on an extensive business as an auctioneer and house 
 agent, and that he wanted a clerk, and that the money was 
 to be deposited as security for the prosecutor's honesty as 
 such clerk. The jury found that the prisoner was not 
 carrying ou any such business at all. Held, that this was 
 an indictable false pretence : (Reg. v. Crabb, 18 L. T. Bep. 
 370.) 
 
 Article not in esdst&ice. — It is no objection to an indict- 
 ment for false pretences, that the thing obtained was not in 
 
24 4- 25 Vict. cap. 96. 77 
 
 tliereof shall be liable at tbe discretion of the 
 court, to be kept in penal servitude for the term 
 of three years, or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement : 
 provided, that it upon the the trial of any person No aoqaittai 
 indicted for such misdemeanor it shall be proved 0^°™° '^® 
 that he obtained the property in question in any amounts to 
 such manner as to amount in law to larceny, he ""'"'"y- 
 shall not by reason thereof be entitled to be 
 acquitted of such misdemeanor ; and no person 
 tried for such misdemeanor shall be liable to be 
 afterwards prosecuted for larceny upon the same 
 facts : provided also, that it shaU be sufficient in Form of in- 
 any indictment for obtaining or attempting to ^na™™' 
 
 existence at the time of making the false pretence, provided 
 that the false pretence continued, and the thing when made 
 was delivered under the influence thereof: (Reg. v. Hartin, 
 15 L. T. Eep. 341 ; L. Bep. 1 Cr. Oas. Eea. 56.) 
 
 IndictTnent — Part-ieularity — Evidence. — The indictment 
 charged that the prisoners ialsely pretended that two loads 
 of soot which they then delivered weighed 1 ton 17 cwt, 
 whereas they weighed but 1 ton 13 cwt. by means of 
 which false pretences they obtained Ss. The evidence was 
 that a contract existed between the prosecutor and the 
 prisoners for soot which prosecutor was to buy at the rate 
 of 38s. per ton. Deliveries were made from time to time and 
 payment was made according to the quantities so pretended 
 to be delivered. The prisonera put broken bricks and slack 
 amongst the soot in their cart, and went to a public weigh- 
 ing machine and got the whole weighed, and a ticket of such 
 weight given. Afterwards the bricks and slack were re- 
 moved, and the cart with the soot in it taken to the 
 prosecutor and the soot delivered and the tickets presented, 
 and payment made by the prosecutor according to the 
 weights specified in the tickets. Held, that the indictment 
 was sufHoiently specific in form, and that the prisoners were 
 indictable for obtaining money by false pretences ; (Reg. v. 
 Lee and miother, 10 L. T. Eep. 348.) 
 
 Evidence of the acts of an accomplice. — An indictment 
 charged K. and W. with falsely pretending to B. that they 
 had a quantity of tobacco which they proposed to sell, and 
 did sell to him, and thereby obtained money from him. The 
 evidence was that K. and another person P. acting together 
 were the chief parties by whom the false pretences were 
 made. Held, that the acts of P. were the acts of K. and 
 admissible against him upon the indictment: (Jlieg. v. 
 Kerrigan, 9 L. T. Eep. 843 ; 33 L. J. M. 0. 71.), ' 
 
 levi- 
 - dence. 
 
78 Larceny, ^c. Act, 
 
 obtain any suoli property by false pretences to 
 allege that the party accused did the act with 
 intent to defraud, *without alleging an intent to 
 defraud any particular person, and without 
 alleging any ownership of the chattel, money, 
 or valuable security ; and on the trial of any 
 such indictment it shall not be necessary to 
 prove an intent to defraud any particular person, 
 but it shall be sufficient to prove that the party 
 accused did the act charged with an intent to 
 defraud. 
 
 Where any 89. Whosoever shall by any false pretence cause 
 
 money or qj. procure any money to be paid, or any chattel, 
 
 oavjsed to bo or valuable security, to be delivered to any other 
 
 delWercd to person, for the use or benefit or on account of the 
 
 any person person making such false pretence, or of any other 
 
 the person person, with intent to defraud, shall be deemed to 
 
 J1!S,«'S^.°' tave obtained such money, chattel, or valuable 
 raise pre- , .-. , .1.111 t 
 
 tenoe. security withm the meaning of the last preceding 
 
 section. 
 
 Inducing 90. Whosoever, with intent to defraud or injure 
 
 persona by g^„ other person, shall by any false pretence 
 
 fraud to j.'^ii.i -j"^ ■^i.i J. 
 
 execute fraudulently cause or mduce any other person to 
 
 otherinstvu- execute, make, accept, indorse, or destroy the 
 menta. whole or any part of any valuable security, or to 
 write, impress, or affix his name, or the name of 
 any other person, or of any company, firm, or co- 
 partnership, or the seal of any body corporate, 
 company, or society, upon any paper or parch- 
 ment, in order that the same may be afterwards 
 made or converted into or used or dealt with as a 
 valuable security, shall be guilty of a misde- 
 meanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for the term of three years, — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
24 ^ 25 Vict. cap. 96. 79 
 
 As to receiving stolen goods : 
 91. Whosoever shall receive any chattel, money, Heoeiviog, 
 valuable security, or other property whatsoever, prinoipS^is 
 the stealing, taking, extorting, obtaining, em- guuty of 
 bezzling, or otherwise disposing whereof shall ^""^ 
 amount to a felony, either at common law or by 
 virtue of this act, knowing the same to have been 
 feloniously stolen, taken, extorted, obtained, em- 
 bezzled, or disposed of, shall be guilty of felony, 
 and may be indicted and convicted either as an 
 accessory after the fact or for a substantive felony, 
 and in the latter case, whether the principal felon 
 shall or shall not have been previously convicted, 
 or shall or shaU not be amenable to justice ; and 
 every such receiver, howsoever convicted, shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for any term not exceed- 
 ing fourteen years and not less than three years, 
 — or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 imder the age of sixteen years, with or without 
 whipping : provided, that no person, howsoever 
 tried for receiving as aforesaid, shaU be liable 
 to be prosecuted a second time for the same 
 offence. 
 
 92.(^*) In any indictment containing a charge indictment 
 
 \ ' J 5 6 for stealing 
 
 (^) It is worthy of observation, that this section, which is 
 a re-enactment of sect. 3 of the 11 & 12 Vict. c. 46, does not 
 adopt the language of the 91st section of the present act, for 
 we find that it is only in an indictment containing a charge 
 of feloniously stealing any property that it shall be lawful to 
 add a count or several counts for feloniously receiving the 
 same, or any part or parts thereof, knowing the same to 
 have hem stoim; so that if the principal offence be not a 
 stealing, but a felonious taking, extorting, embezzling, or 
 otherwise disposing of any chattel, money, valuable security, 
 or other property, there can be no count for receiving, such 
 receiving being by the section required to be of the property, 
 '• knowing the same to have been stolen." It may perhaps 
 be suggested that feloniously " taking, extorting, embezzling, 
 or otherwise disposing," is of itself a ttealmg ; but, if so, 
 
80 Larceny, #c. Act, 
 
 andrsoeiT- of feloniously stealing any property it sliall 
 ™^- be lawful to add a count or several counts for 
 
 feloniously receiving tte same or any part or 
 parts thereof, knt^ing tlie same to liave been 
 stolen, and in any indictment for feloniously 
 receiving any property knowing it to liave been 
 stolen it shall be lawful to add a count for 
 feloniously stealing the same ; and where any 
 such indictment shall have been preferred and 
 found against any person, the prosecutor shall 
 not be put to his election, but it shall be lawful 
 for the jury who shall try the same to find a 
 verdict of guilty, either of stealing the property, 
 or of receiving the same, or any part or parts 
 thereof, knowing the same to have been stolen ; 
 and if such indictment shaU have been preferred 
 and found against two or more persons it shall 
 be lawful for the jury who shall try the same to 
 find all or any of the said persons guilty either 
 of stealing the property or of receiving the same, 
 or any part or parts thereof, knowing the same 
 to have been stolen, or to find one or more of the 
 said persons guilty of stealing the property, and 
 the other or others of them guilty of receiving 
 the same or any part or parts thereof knowing 
 the same to have been stolen. 
 
 wherefore this enumeration in Beet. 91? If the word 
 " stealing " be suf&cient in sect. 92, wherefore was it 
 deemed to be insufficient in scot. 91 ? 
 
 Husband and wife — Feloniovs receiving. — A husband and 
 wife were jointly indicted for stealing and receiving, and 
 the jury found the wife guilty of stealing, without any con- 
 straint on the husband's part, and the husband guilty of 
 receiving the stolen property, knowing at the time when 
 the property was delivered to him that it had been stolen 
 by his wife : Held, that the husband was properly convicted 
 of receiving : (Seg. v. McAthey, 7 L, T. Eep. 433 ; 32 L. S. 
 M. C. 35.) 
 
 Receiving from a receiver. — If A. in the absence of B. 
 feloniously receives stolen property from the thief and sub- 
 sequently delivers it to 0. who knowingly receives it, both 
 may be jointly indicted for feloniously receiving it under 
 sect. 93 and 94; (^Re Rearden, 14 L. T. Kep. 449.) 
 
24 4- 25 Vict. cap. 96. 81 
 
 93. Whenever any property whatsoeTer shall Separate 
 have been stolen, taken, extorted, obtained, ^ay ta™ 
 embezzled, or otherwise disposed of in such a included in 
 manner as to amount to a felony, either at indictment 
 common law or by virtue of this act, any number '° "'^ 
 
 of receivers at different times of such property, the principal 
 or of any part or parts thereof, may be charged 
 with substantive felonies in the same indictment, 
 and may be tried together, notwithstanding that 
 the principal felon shall not be included in the 
 same indictment, or shall not be in custody or 
 ^ amenable to justice. 
 
 94. If upon the trial of any two or more persons On an 
 indicted for jointly receiving any property it shall JorVJJ^ay' 
 be proved that one or more of such persons receiving, 
 separately received any part or parts of such be'convioted 
 property, it shall be lawful for the jury to convict, of separately 
 '^ '^ ■'■,■:,. . , 1 J! ii -J receiving, 
 upon such mdictment, such or the said persons as 
 
 shall be proved to have received any part or parts 
 of such property. 
 
 95. Whosoever shall receive any chattel, Beoelving, 
 money, valuable security, or other property p^™p'|i'' 
 whatsoever, the stealinff, taking, obtaining, con- tas been 
 
 .. ' . . S', J.S; , ^' . guilty of a 
 
 verting, or disposmg whereot is made a mis- misdemea- 
 demeanor by this act, knowing the same to have '""■• 
 been unlawfully stolen, taken, obtained, con- 
 verted, or disposed of, shaU be guilty of a mis- 
 demeanor, and may be indicted and convicted 
 thereof, whether the person guilty of the prin- 
 cipal misdemeanor shall or shall not have been 
 previously convicted thereof, or shall or shall not 
 be amenable to justice ; and every such receiver, 
 being convicted thereof, shall be liable, at the 
 discretion of the court, to be kept in penal 
 servitude for any term not exceeding seven years 
 and not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 E 3 
 
82 Larceny, Sfc. Act, 
 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 Eeeeiver 96. Whosoever shall receive any chattel. 
 
 where 
 triable. 
 
 money, valuable security, or other property 
 ■whatsoever, knowing the same to have been 
 feloniously or unlawfully stolen, taken, obtained, 
 converted, or disposed of, may, whether charged 
 as an accessory after the fact to the felony, or 
 with a substantive felony, or with a misdemeanor 
 only, be dealt with, indicted, tried, and punished 
 in any county or place in which be shall have 
 or shall have had any such property in his pos- 
 session, or in any county or place in which the 
 party guilty of the principal felony or misde- 
 meanor may by law be tried, in the same manner 
 as such receiver may be dealt with, indicted, 
 tried and punished in the county or place where 
 he actually received such property. 
 
 Eeoeiveraof 97. Where the stealing or taking of any 
 property, property whatsoever is by this act punishable on 
 
 where the J^ "^ -^ . J cc 
 
 original summary conviction, either for every offence, or 
 
 otEenM iB for tiie first and second offence only, or for the 
 
 on summary first offence only, any person who shall receive 
 
 oonyiotion. ^^^ sash, property, knowing the same to be 
 
 unlawfully come by, shall, on conviction thereof 
 
 before a justice of the peace, be liable, for every 
 
 first, second, or subsequent offence of receiving, 
 
 to the same forfeiture and punishment to which 
 
 a person guilty of a first, second, or subsequent 
 
 offence of stealing or taking such property is by 
 
 this act made liable. 
 
 Principals in 98. In case of every felony punishable under 
 de^ee an d *^^^ ^°* ^^®^y principal in the second degree, and 
 accessories, every accessory before the fact, shall be punishable 
 in the same manner as the principal in the first 
 degree is by this act punishable; and every ac- 
 cessory after the fact to any felony punishable 
 under this act (except only a receiver of stolen 
 
24 4- 25 Vict. cap. 96. 83 
 
 property) shall, on conviction, be liable, at tlie 
 discretion of tte court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement ; and every person who shall aid. Abettors in 
 abet, counsel, or procure the commission of any ™^|fnJrg 
 misdemeanor punishable under this act shall be 
 liable to be indicted and punished as a principal 
 offender. 
 
 99. Whosoever shall aid, abet, counsel, or pro- Abettors in 
 cure the commission of any offence which is by ™™8°^abie 
 this act punishable on summary conviction, either on summary 
 for every time of its commission, or for the first ''°°^"' '™' 
 and second time only, or for the first time only, 
 
 shall, on conviction before a justice of the peace, 
 be liable, for every first, second, or subsequent 
 offence of aiding, abetting, counselling, or pro- 
 curing, to the same forfeiture and punishment to 
 which a person guilty of a first, second, or subse- 
 quent offence as a principal offender is by this 
 act made liable. 
 
 As to restitution and recovery of stolen 
 property : 
 
 100. If any person guilty of any such felony The owner 
 or misdemeanor as is mentioned in this act, in p'"^',™ 
 stealing, taking, obtaining, extorting, embezzhng, proBeouHng 
 convertmg, or disposmg oi, or in knowmgiy re- receiver to 
 ceiving any chattel, money, valuable security, or ^^au have 
 other property whatsoever, shall be indicted for reatitiition 
 such offence, by or on thfe behalf of the owner of pe^^.'™" 
 the property, or his executor or administrator, 
 
 and convicted thereof, in such case the property 
 shall be restored to the owner or his representa- 
 tive ; and in every case in this section aforesaid 
 the court before whom any person shall be tried 
 for any such felony or misdemeanor shall have 
 power to award from time to time writs of resti- 
 tution, for the said property, or to order the 
 restitution thereof in a summary manner: pro- 
 
84 Larceny, (J'C. Act, 
 
 ProTision as vided, that if it stall appear before any award or 
 Tndi neg"° order made tHat any valuable security shall have 
 tiabie aecu- been hond fide paid or discharged by some person 
 "'"^s- or -body corporate Jiable to the payment thereof, 
 
 or being a negotiable instrument shall have been 
 hond fide taken or received by transfer or delivery, 
 by some person or body corporate, for a just and 
 valuable consideration, without any notice or 
 without any reasonable cause to suspect that the 
 same had by any felony or misdemeanor been 
 stolen, taken, obtained, extorted, embezzled, con- 
 verted, or disposed of, in such case the court 
 shall not award or order the restitution of such 
 Not to apply security : provided also, that nothing in this 
 tiooH'of "' section contained shall apply to the case of any 
 bank^r^' & prosecution of any trustee, banker, merchant, 
 attorney, factor, broker, or other agent intrusted 
 with the possession of goods or documents of 
 title to goods for any misdemeanor against this 
 act. 
 
 Taking a 101. Whosoever shall corruptly take any money 
 
 MpingtcT or reward, directly or indirectly, under pretence 
 
 *» toP"™'^ or upon account of helping any person to any 
 
 property chattel, money, valuable security, or other pro- 
 
 MnSng the ps''^'}' whatsoever which shall by any felony or 
 
 offender to misdemeanor have been stolen, taken, obtained, 
 
 extorted, embezzled, converted, or disposed of, as 
 
 in this act before mentioned, shall (unless he shall 
 
 have used all due diligence to cause the offender 
 
 to be brought to trial for the same) be guilty of 
 
 felony, and being convicted thereof shall be liable, 
 
 at the discretion of the court, to be kept in penal 
 
 servitude for any term not exceeding seven years 
 
 and not less than three years, — or to be imprisoned 
 
 for any term not exceeding two years, with or 
 
 without hard labour, and with or without solitary 
 
 confinement, and, if a male under the age of 
 
 eighteen years, with or without whipping. 
 
 Advertising 102. "Whosoevcr shall publicly advertise a 
 
 a reward for ^ ■' 
 
24 Sr 25 Vict. cap. 96. 85 
 
 reward for the return of any property whatsoever *° ™'a"' 
 which shall have been stolen or lost, and shall in property, so. 
 such advertisement use any words purporting that 
 no questions will be asked, or shall make use of 
 any words in any public advertisement purporting 
 that a reward will be given or paid for any pro- 
 perty which shall have been stolen or lost, without 
 seizing or making any inquiry after the person 
 producing such property, or shall promise or offer 
 in any such public advertisement to return to any 
 pawnbroker or other person who may have 
 bought or advanced money by way of loan upon 
 any property stolen or lost the money so paid or 
 advanced, or any other sum of money or reward 
 for the return of such property, or shall print or 
 publish any such advertisement, shall forfeit the 
 sum of fifty pounds for every such offence to any 
 person who will sue for the same by action of 
 debt, to be recovered, with full costs of suit. 
 
 As to apprehension of offenders, and other 
 proceedings : 
 
 103. Any person found committing any offence A person in 
 • 1, 1-1 uv ■ J- i i the act of 
 
 punishable, either upon indictment or upon sum- committing 
 
 mary conviction by virtue of this act, except only mJy°te ap^ 
 
 the offence of angling in the daytime, may be prebended 
 
 immediately apprehended without a warrant by warrant 
 
 any person, and forthwith taken, together vnth 
 
 such property, if any, before some neighbouring 
 
 justice of the peace, to be dealt with according to 
 
 law ; and if any credible witness shall prove upon 
 
 oath before a iustice of the peace a reasonable a justice, 
 
 , J ii i 1 • 1 • upon good 
 
 cause to suspect that any person has m his posses- grounds of 
 sion or on his premises any property whatsoever p^PglJ™^ 
 on or with respect to which any offence, punish- oatii, may 
 able either upon indictment or upon summary f^,,-^ 
 conviction by virtue of this act, shall have warrant. 
 been committed, the justice may grant a warrant 
 to search for such property as in the case of . 
 stolen goods ; and any person to whom any pro- ^°^^™™ 
 
86 Larceny, ^c. Act, 
 
 stolen pro- perty shall be offered to be sold, pawned, or 
 
 Sffered^miy delivered, if lie sliall tave reasonable cause to 
 
 Bcize tbe suspect that any such, offence has been committed 
 
 pfiny^offei- ^^ ^^ ^^^ respect to such property, is hereby 
 
 authorised, and, if in his power, is required to 
 
 apprehend and forthwith to take before a justice 
 
 of the peace the party offering the same, together 
 
 with such property, to be dealt with according to 
 
 law. 
 
 A person 104. Any constable or peace ofiScer may take 
 
 loiu-riug at Jji^q custody, without warrant, any person whom 
 
 suspected of he shall find lying or loitering in any highway, 
 
 agatasuhis y'lrd, or other place, during the night, and whom 
 
 act may be he shall have good cause to suspect of having 
 
 heu'ieil. committed, or being about to commit, any felony, 
 
 against this act, and shall take such person, as 
 
 soon as reasonably may be, before a justice of the 
 
 peace, to be dealt with according to law. 
 
 Mode of 105. Where any person shall be charged on 
 
 oompeiimg ^^e oath of a credible witness before any justice 
 ance ot per- of the peace with any offence punishable on suna- 
 aWemsum- i^^ry oonviction under this act, the justice may 
 mary cou- summon the person charged to appear at a time 
 and place to be named in such summons, and if 
 he shall not appear accordingly, then (upon proof 
 of the due service of the summons upon such 
 person, by delivering the same to him personally, or 
 by leaving the same at his usual place of abode), 
 the justice may either proceed to hear and deter- 
 mine the case ex parte, or issue his warrant for 
 apprehending such person, and bringing him 
 before himself or some other justice of the peace ; 
 or the justice before whom the charge shall be 
 made may (if he shall so think fit), without 
 any previous summons (unless where otherwise 
 specially directed), issue such warrant, and the 
 justice before whom the person charged shall 
 appear or be brought shall proceed to hear and 
 determine the case. 
 
24 ^ 25 Vict. cap. 96. 87 
 
 106. Every sum of money wWoli shall be for- Application 
 felted on any summary conviction for the value a"a penar' 
 of any property stolen or taken, or for the amount ties on 
 of any injury done (sucli value or amount to be conviotiona 
 assessed in each case by. the convicting justice), 
 shall be paid to the party aggrieved, except 
 where he is unknown, and in that case such sum 
 shall be applied in the same manner as a penalty ; 
 and every sum which shall be imposed as a 
 penalty by any justice of the peace, whether in 
 addition to such value or amount or otherwise, 
 shall be paid and applied in the same manner as 
 other penalties recoverable before justices of the 
 peace are to be paid and applied in cases where 
 the statute imposing the same contains no direc- 
 tion for the payment thereof to any person : 
 provided, that where several persons shall join in Proviso 
 the commission of the same offence, and shall ^y|rti per- 
 upon conviction thereof, each be adjudged to sons join in 
 forfeit a sum equivalent to the value of the pro- of same 
 perty or to the amount of the injury, in every °^®°°°- 
 such case no further sum shall be paid to the 
 party aggrieved than such value or amount ; and 
 the remaining sum or sums forfeited shall be 
 applied in the same manner as any penalty im- 
 posed by a justice of the peace is hereinbefore 
 directed to be applied. 
 
 107.(^°) In every case of a summary convic- if a person 
 tion under this act, where the sum which shall cmvioted^ 
 be forfeited for the value of the property stolen ^^"'"^^"'"t^g 
 or taken, or for the amount of the injury done, justioe may 
 or which shaU be imposed as a penalty by the "ommithim. 
 justice, shall not be paid either immediately after 
 the conviction, or within such period as the Soaie of im- 
 justice shall at the time of the conviction appoint, p"^™™'^" ■ 
 
 («) The 28 & 29 Vict. c. 127 (" The Small Penalties Act, 
 1865,") contains provisions limiting the alternative punish, 
 ment of imprisonment upon a graduated scale: (seethe 
 statute, post.^ 
 
88 Larceny, ^c. Act, 
 
 the convioting justice (unless where otherwise 
 specially directed) may commit the offender to 
 the common gaol or house of correction, there to 
 be imprisoned only,, or to be imprisoned and kept 
 to hard labour, according to the discretion of the 
 justice, for any term not exceeding two months, 
 where the amount of the sum forfeited or of the 
 penalty imposed, or of both (as the case may be), 
 together with the costs, shall not exceed five 
 pounds, and for any term not exceeding four 
 months, where the amount, with costs, shall not 
 exceed ten pounds, and for any term not exceed- 
 ing six months in any other case, the commit- 
 ment to be determinable in each of the' cases 
 aforesaid upon payment of the amount and 
 costs. 
 
 Justice may 108. Where any person shall be summarily 
 
 ae°offenaer oonvicted before a justice of the peace of any 
 
 incei-tain offence against this act, and it shall be a first 
 
 oases. . conviction, the justice may, if he shall so think 
 
 fit, discharge the offender from his conviction, 
 
 upon his making such satisfaction to the party 
 
 aggrieved for damages and costs, or either of 
 
 them, as shall be ascertained by the justice. 
 
 A summary 109. In case any person convicted of any 
 BhaiYbe"!" offsnce punishable upon summary conviction by 
 bar to any virtue of this act shall have paid the sum ad- 
 °eeain^™or ju-'lged to be paid, together with costs, under 
 the same such conviction, or shall have received a remis- 
 sion thereof from the Crown, or from the Lord 
 Lieutenant or other chief governor in Ireland, or 
 shall have suffered the imprisonment awarded 
 for non-payment thereof, or the imprisonment ad- 
 judged in the first instance, or shall have been so 
 discharged from his conviction by any justice as 
 aforesaid, in every such case he shall be released 
 from all further or other proceedings for the 
 same cause. 
 
24 ^ 25 Vict, cap. 96. 89 
 
 110.(^^) In all cases where the sum adjudged Appeal 
 to be paid on any summary conviction shall 
 exceed five pounds, or the imprisonment adjudged 
 shall exceed one month, or the conviction shall - 
 take place before one justice only, any person 
 who shall think himself aggrieved by any such 
 conviction may appeal to the next court of 
 general or quarter sessions which shall be holden 
 not less than twelve days after the day of such 
 conviction for the county or place wherein the 
 cause of complaint shall have arisen ; provided, 
 that such person shall give to the complainant a 
 notice in writing of such appeal, and of the cause 
 and matter thereof, within three days after such ' 
 conviction, and seven clear days at the least 
 before such sessions, and shaU also either remain 
 in custody until the sessions, or shall enter into 
 a recognisance, with two sufficient sureties, before 
 a justice of the peace, conditioned personally to 
 appear at the said sessions and to try such appeal, 
 and to abide the judgment of the court there- 
 upon, and to pay such costs as shall be by the 
 court awarded ; or if such appeal shaU be against 
 any conviction, whereby only a penalty or other 
 sum of money shall be adjudged to be paid, shall 
 deposit with the clerk of the convicting justice 
 such a sum of money as such justice shall deem 
 to be sufficient to cover the sum so adjudged to 
 be paid, together with the costs of the conviction 
 
 (20) This appeal clause contains a novel and a very im- 
 portant feature in connection with appealing in cases where 
 the appeal is against a conviction, whereby only a penalty 
 or other sura of money shall be adjudged to be paid, namely, 
 the depositing by the appellant with the clerk of the con- 
 victing justice of such a sum of money as such justice shall 
 deem to be sufBoient to cover the sum so adjudged to be 
 paid, together with the costs of the conviction and the costs 
 of the appeal. Thus, in such a case, instead either of re- 
 maining in prison or of entering into a reoogriisance with 
 sureties, the appellant may deposit a sum of money sufficient 
 to cover the penalty and the estimated costs of the convic- 
 tion and the appeal. 
 
90 Larceny, Sfc. Act, 
 
 and the cost? of the appeal ; and upon such notice 
 being given, and suoh recognisance being entered 
 into, or such deposit being made, the justice 
 • before whom such recognisance shall be entered 
 into, or such deposit shall be made, shall liberate 
 such person if in custody ; and the court at such 
 sessions shall hear and detennine the matter of 
 the appeal, and shall make such order therein, 
 with or without costs to either party, as to the 
 court shall seem meet, and in case of the dis- 
 missal of the appeal or the affirmance of the con- 
 viction shall order and adjudge the offender to 
 be punished according to the conviction, and to 
 pay such costs as shall be awarded, and shall, if 
 necessary, issue process for enforcing such judg- 
 ment ; and in any case where after any such 
 deposit shall have been made as aforesaid the 
 conviction shall be affirmed, the court may order 
 the sum thereby adjudged to be paid, together 
 with the costs of the conviction and the costs of 
 the appeal, to be paid out of the money deposited, 
 and the residue thereof, if any, to be repaid to 
 the party convicted ; and in any case where after 
 any such deposit the conviction shall be quashed, 
 the court shall order the money deposited to be 
 repaid to the party convicted ; and in every case 
 where any conviction shall be quashed on appeal 
 as aforesaid the clerk of the peace, or other 
 proper officer, shall forthwith endorse on the con- 
 viction a memorandum that the sam.e has been so 
 quashed ; and whenever any copy or certificate 
 of such conviction shall be made, a copy of such 
 memorandum shall be added thereto, and shall be 
 sufficient evidence that the conviction has been 
 quashed in every case where such copy or cer- 
 tificate would be sufficient evidence of such 
 conviction. 
 
 Norer-' HI- -^o such conviction, or adjudication made 
 
 tioran, &o. on appeal therefrom, shall be quashed for want of 
 
24 ^ 25 Vict. cap. 96. 91 
 
 form, or be removed by certiorari into any of Her 
 Majesty's superior courts of record ; and no war- 
 rant of commitment shall be held void by reason 
 of any defect therein, provided it be therein 
 alleged that the party has been convicted, and 
 there be a good and valid conviction to sustain 
 the same. 
 
 112. Every justice of the peace before whom oonvietion 
 any person shall be convicted of any offence ^}^ ^ . 
 
 . , ,-1 . i. 1 n ( ., 1 . . retumea t( 
 
 against tms act shall transmit the conviction to the quartei 
 the next court of general or quarter sessions ' 
 which shall be holden for the county or place 
 wherein the offence shall have been committed, 
 there to be kept by the proper officer among the 
 records of the court ; and upon any information 
 against any person for a subsequent offence, a 
 copy of such conviction, certified by the proper 
 officer of the court, or proved to be a true copy, 
 shall be sufficient evidence to prove a conviction 
 for the former offence, and the conviction shall 
 be presumed to have been unappealed against 
 until the contrary be shown. 
 
 113.(^) All actions and prosecutions to bevenne, in 
 commenced against any person for anything done P^^sding 
 in pursuance of this act shall be laid and tried in sons acting 
 the county where the fact was committed, and aefc°'""° 
 shall be commenced within six months after 
 
 ('■'') Notice of action — Larceny Act. — To entitle a defen- 
 dant to notice of action under the 24 & 25 Vict. o. 96, it is 
 not sufficient that he should have a mere suspicion that the 
 plaintiff had been attempting to commit a crime, but he 
 must honestly believe that he was found committing such 
 an offence as is mentioned in the statute. The defendant 
 was disturbed at night by a noise which he ascribed to 
 some person trying his back door. He shouted " Thieves," 
 from his bedroom window, and when he got down to his 
 front door he found the plaintiff collared by a policeman, and 
 he immediately gave him into custody. Held, in an action 
 for false imprisonment, that these circumstances were not 
 sufficient to entitle tlie defendant to notice of action : 
 (Neaie v. ffart, 18 L. T. Bep 292.) 
 
92 
 
 Larceny, 4rc. Act. 
 
 Notice of 
 actioii. 
 
 General 
 
 Stealers of 
 property in 
 one part of 
 the Uuited 
 Kingdom 
 who Uave 
 the same in 
 any other 
 part of the 
 United 
 Kingdom 
 
 the fact committed, and not otherwise ; and 
 notice in writing of such, action and of the 
 cause thereof shall be given to the defendant one 
 month at least before the commencement of the 
 action ; and in any such action the defendant 
 may plead the general issue, and give this act 
 and the special matter in evidence, at any trial to 
 be had thereupon ; and no plaintiff shall recover 
 in any such action if tender of sufficient amends 
 shall have been made before such action brought, 
 or if a sufficient sum of money shall have been 
 paid into court after such action brought, by or 
 on behalf of the defendant ; and if a verdict shall 
 pass for the defendant, or the plaintiff shall 
 become nonsuit, or discontinue any such action 
 after issue joined, or if, upon demurrer or other- 
 wise, judgment shall be given against the plaintiff, 
 the defendant shall recover his full costs as 
 between attorney and client, and have the like 
 remedy for the same as any defendant has by 
 law in other cases ; and though a verdict shall be 
 given for the plaintiff in any such action, such 
 plaintiff shall not have costs against the defen- 
 dant unless the judge before whom the trial shall 
 be shall certify his approbation of the action. 
 
 As to other matters : 
 
 114.('''*) If any person shall have in his posses- 
 sion in any one part of the United Kingdom any 
 chattel, money, valuable security, or other pro- 
 perty whatsoever, which he shall have stolen or 
 otherwise feloniously taken in any other part of 
 the United Kingdom, he may be dealt with, in- 
 dicted, tried, and punished for larceny or theft in 
 
 (2«) Transmission of property. — A watch was stolen in 
 Liverpool, and Bent with other things by railway to a re- 
 ceiver in Middlesex. Held, that the thief was triable in 
 Middlesex, although there was no evidence that he had left 
 Liverpool ; (^Reg. v. Rogers and others. 18 L. T. Rep. 414 : 
 L. Eep. 1 Or. Oas. Bes. 136.) 
 
24 ^ 25 Vict. cap. 96. 93 
 
 that part of the United Kingdom where he shall maybe tried 
 so have such property, in the same manner as if fehta^n"tha,t 
 he had actually stolen or taken it in that part ; and par' of the 
 if any person in any one part of the United King- Khlg<fom 
 dom shall receive or have any chattel, money, valu- where tiiey 
 
 i_i -i n , 1 , •',.■. have the 
 
 able security, or other property whatsoever which property. 
 
 shall have been stolen or otherwise feloniously 
 
 taken in any other part of the United Kingdom, 
 
 such person knowing such property to have been 
 
 stolen or otherwise feloniously taken, he may be 
 
 dealt with, indicted, tried, and punished for such 
 
 offence in that part of the United Kingdom where 
 
 he shall so receive or have such property, in the 
 
 same manner as if it had been originally stolen 
 
 or taken in that part. 
 
 115. All indictable offences mentioned in this Offences 
 act which shall be committed within the juris- ^°ithin the 
 diction of the Admiralty of England or Ireland jurisdiction 
 shall be deemed to be offences of the same nature, Admiralty. 
 and liable to the same punishments, as if they had 
 been committed upon the land in England or 
 Ireland, and may be dealt with, inquired of, tried, 
 and determined in any county or place in which 
 the offender shall be apprehended or be in 
 custody ; and in any indictment for any such 
 offence or for being an accessory to any such 
 offence the venue in the margin shall be the same 
 as if the offence had been committed in such 
 county or place, and the offence itself shall be 
 averred to have been committed " on the high 
 seas ;" provided, that nothing herein contained 
 shall alter or affect any of the laws relating to the 
 Government of Her Majesty's land or naval 
 forces. 
 
 116. (2^) In any indictment for any offence punish- F°™ °' 
 able under this act, and committed after a previous for a 
 
 (28) This section effects a great alteration in the practice 
 with reference to proceedings upon an indictment charging 
 
94 Larceny, ^c. Act, 
 
 subsequent conviction or convictions for any felony, misde- 
 meanor, or offence or offences punishable upon 
 summary conviction, it shall be sufficient, after 
 charging the subfequent offence, to state that the 
 offender was at a certain time and place or at 
 certain times and places convicted of felony, or of 
 an indictable misdemeanor, or of an offence or 
 offences punishable upon summary conviction (as 
 the case may be), without otherwise describing 
 the previous felony, misdemeanor, offence or 
 offences ; and a certificate containing the sub- 
 stance and effect only (omitting the formal part) 
 of the indictment and conviction for the previous 
 felony or misdemeanor, or a copy of any such 
 summary conviction, purporting to be signed by 
 the clerk of the court or other officer having the 
 custody of the records of the court where the 
 offender was first convicted, or to which such sum- 
 
 a former conviction. Although under the old law, the jury 
 were uot charged in the first instance to inquire as to the 
 previous conviction, and therefore were supposed to know 
 nothing of it, yet as the prisoner was arraigned in open court 
 upon the whole indictment, the jury had an ample oppor- 
 tunity of knowing it, and thus they were likely to come to 
 the consideration of the charge with minds much biassed 
 against the accused. The present section now provides a 
 course of proceeding which will, to a great extent, ac- 
 complish the object desired of keeping from the jury a 
 knowledge of the previous conviction, until they have found 
 the accused guilty upon the principal charge. It is still 
 however to be regretted that the section does not go further 
 and provide against the public announcement made by the 
 clerk of assize, or clerk of the peace, upon a bill being re- 
 turned by the grand jury of "a true bill against A. B. for 
 felony after a previous conviction,'' since such an announce- 
 ment of such previous conviction is in no way needful for 
 any purposes of public justice. 
 
 It will be observed that this portion of the section applies 
 to "any indictment," that is, whether preferred under this 
 statute or not. 
 
 It win also be observed, that whilst the 7 & 8 Geo. 4, 
 c. 28, and the 6 & 7 Will. 4, c. Ill (which provide for charg- 
 ing a previous conviction) are unrepealed, sects. 7, 8, and 9 
 of the present enactment contain new provisions with re- 
 ference to the punishment which may be inflicted upon a 
 conviction for simple larceny altera previous con vidian. 
 
U # 25 Vtct. cap. 96. 9S 
 
 inary conviction shall have been returned, or by tbe 
 deputy of sucli clerk or officer (for wbich oertifl- 
 cate or copy a fee of five shillings and no more 
 shall be demanded or taken), shall, upon proof of 
 the identity of the person of the offender, be suffi- 
 cient evidence of such conviction, without proof 
 of the signature or official character of the person 
 appearing to have signed the same ; and the pro- when the 
 ceedings upon any indictment for committinff anv p™""™ 
 ottence after a previous conviction or convictions is to be 
 shall be as follows ; (that is to say,) the offender SeTrfa,"" 
 shall, in the first instance, be arraigned upon so 
 much only of the indictment as charges the sub- 
 sequent offence, and if he plead not guilty, or if 
 the court order a plea of not guilty to be entered 
 on his behalf, the jury shall be charged, in the 
 first instance, to inquire concerning such subse- 
 quent offence only ; and if they find him guilty, 
 or if on arraignment he plead guilty, he shall 
 then, and not before, be asked whether he had 
 been previously convicted as alleged in the indict- 
 ment, and if he answer that he had been so pre- 
 viously convicted the court may proceed to sen- 
 tence him accordingly, but if he deny that he 
 had been so previously convicted, or stand mute 
 of malice, or will not answer directly to such 
 question, the jury shall then be charged to inquire 
 concerning such previous conviction or convictions, 
 and in such case it shall not be necessary to 
 swear the jury again, but the oath already taken 
 by them shall for all purposes be deemed to 
 extend to such last-mentioned inquiry : provided, 
 that if upon the trial of any person for any such 
 subsequent offence such person shall give evidence 
 of his good character, it shall be lawful for the 
 prosecutor, in answer thereto, to give evidence of 
 .the conviction of such person for the previous 
 offence or offences before such verdict of guilty 
 shall be returned, and the jury shall inquire con- 
 cerning such previous conviction or convictions at 
 
96 Larceny, ^c. Act, 
 
 the same time that they inquire concerning such 
 subsequent offence. 
 
 Fine and 11 T.^") Whenever any person shall be oon- 
 
 leeptogthe '^ioted of any indictable misdemeanor punishable 
 
 (*") This section contains new and very extensive powers, 
 and it may be well questioned whether, when a criminal has 
 suffered his appointed punishment, it is judicious to impose 
 upon him the further inconvenience of providing bondsmen 
 for his future good behaviour (a thing which his position 
 will in almost all cases preclude him from doing), and suf- 
 fering a long term of imprisonment in case of failure. A 
 wrongdoer ought to be fully punished for his offence, and 
 he ought, and the public ought, to learn from the judge's 
 own mouth what his punishment is to be, but he should be 
 punished for his offence alone, and that punishment ought 
 not to be uncertain, or to be made to depend upon whether 
 or not the object of it has friends who will be responsible 
 for his future conduct. By the operation of the section a 
 man may actually be kept in prison a whole year, merely 
 because he is friendless. 
 
 The clause also is open to the objection, that it is some- 
 what loosely or carelessly drawn. It could hardly have 
 been intended that, in all cases where the court imposes the 
 condition of finding sureties for keeping the peace and being 
 of good behaviour, the party should be incarcerated for the 
 long period of twelve months in default of his doing so ; and 
 yet there are no words giving any power to limit such 
 imprisonment ; and it may be asked, was it intended that 
 such imprisonment should be without hard labour ? Clearly 
 the section says nothing about hard labour, and we appre- 
 hend therefore that it cannot be imposed. 
 
 It will be observed, that the section makes a distinction 
 between misdemeanors and felonies. In the case of a con- 
 viction for a misdemeaiwr, the court may either in addition 
 to or in lieu of any other punishment fine the offender, and 
 require him to enter into his own recognisances, and to find 
 sureties both or either for keeping the peace and being of 
 good behaviour, so that if so disposed the court can in any 
 such case dispense with punishment altogether, merely 
 calling upon the offender to enter into his own recognisances 
 to keep the peaee and be of good behaviour. 
 
 As. regards the imposition of a fine, the section is silent as 
 to what is to be done in the event of its not being paid. No 
 alternative punishment of imprisonment, with or without 
 hard labour, for any time whatever, is direksted in default 
 of payment. It is difficult therefore to understand how 
 this power to fine is to be rendered effective. Suppose thb 
 court to impose a flue, we apprehend it wiU have no right 
 to impose the condition of imprisonment for any time nntil 
 it is paid. 
 
 Fiona the peculiar wording of the section it would seem, 
 
24 ^ 25 Vict. cap. 96. 97 
 
 under this act, the court may, if it shall think peace ; in 
 fit, in addition to or in lieu of any of the punish- '"'"" '"""^^' 
 ments by this act authorised, fine the offender, 
 and require him to enter into his own recog- 
 nisances and to find sureties, both or either, for 
 keeping the peace and being of good behaviour ; 
 and in case of any felony punishable under this 
 act the court may, if it shall think fit, require 
 the offender to enter into his own recognisances, 
 and to find sureties, both or either, for keeping 
 the peace, in addition to any punishment by this 
 act authorised : provided that no person shall be 
 imprisoned under this clause for not finding sure- 
 ties for any period exceeding one year. 
 
 118. Whenever imprisonment, with or without Hard labour. 
 hard labour, may be awarded for any indictable 
 
 offence under this act, the court may sentence the 
 offender to be imprisoned, or to be imprisoned 
 and kept to hard labour, in the common gaol or 
 house of correction. 
 
 119. Whenever solitary confinement may be Solitary 
 awarded for any mdictable oiience under this act, and whip- 
 the court may direct the offender to be kept in P'°s- 
 solitary confinement for any portion or portions of 
 
 his imprisonment, or of his imprisonment with 
 hard labour, not exceeding one month at any one 
 time, and not exceeding three months in any one 
 
 that when the court imposes a fine, it must also require the 
 offender to enter into recognisances, and that it has no 
 power to fine alone. 
 
 As regards a conviction for any fehmy under the act, 
 the court has no power to impose a fine either in addition 
 to or in lieu of any other punishment ; but it may require 
 the offender to enter into his own recognisances, and to 
 find sureties both or either for keeping the peace (not for 
 good behaviour) in addition to any other punishment. 
 
 The very loose way in which this section is drawn is 
 the more to be regretted inasmuch as it is repeated in pre- 
 cisely the same form in the Malicious Injuries Act (24 & 25 
 Vict. c. 97, s. 73); the Forgery Act (24 & 25 Vict. o. 98, 
 s. 51) i the Coinage Act (24 & 25 Vict. c. 99, s. 38); and the 
 Offences against the Person Act (24 & 25 Vict. c. 100, s. 71). 
 P 
 
98 Larceny, ^c. Act, 
 
 year ; and whenever whipping may be awarded 
 for any indictable offence under this act, the 
 court may sentence the offender to be once pri- 
 vately whipped, and the number of strokes and 
 the instrument with which they shall be inflicted 
 shall be specified by the court in the sentence. 
 
 Summary 120. Every offence hereby made punishable on 
 prmecdings g^jjimary conviction may be prosecuted in England 
 may te in the manner directed by the act of the session 
 u «fi2 Vict, holden in the eleventh and twelfth years of Queen 
 c. 43, and Victoria, chapter forty-three, so far as no pro- 
 unfler the vision is hereby made for any matter or thing 
 "sV^^'"' which may be required to be done in the course 
 of such prosecution, and may be prosecuted in 
 Ireland before two or more justices of the peace, 
 or one metropolitan or stipendiary magistrate, in 
 the manner directed by the act of the session 
 holden in the fourteenth and fifteenth years of 
 Queen Victoria, chapter ninety-three, or in such 
 other manner as may be directed by any act that 
 may be passed for like purposes ; and all pro- 
 visions contained in the said acts shall be appli- 
 cable to such prosecutions in the same manner as if 
 except in they were incorporated in this act : provided, that 
 ttieMetro-"'^ nothing in this act contained shall in any manner 
 poiitan alter or affect any enactment relating to prooe- 
 Dtowct. dure in the case of any offence punishable upon 
 summary conviction within the City of London or 
 the metropolitan police district, or the recovery or 
 application of any penalty or forfeiture for any 
 such offence. 
 
 The costs of 121.(") The couxt before which any indictable 
 tioa^ormis- misdemeanor against this act shall be prosecuted 
 
 (31) The 29 & 30 Viot. c. 52 ("An Act to extend the Law 
 relating to the Expenses of Prosecutions, and to make 
 Provision for Expenses on Charges of Felony, and certain 
 Misdemeanors before examining Magistrates") extends the 
 law as to granting costs : (see the statute, post.^ See, also, 
 30 & 81 Viot. c. 35 (statute, pos(). 
 
24 <$• 25 Vict. cap. 96. 99 
 
 or tried may allow the costs of tte prosecution in demeanors 
 
 ,^ . J! r 1 J against this 
 
 the same manner as in cases ot telony ; and, ^Ht may be 
 every order for the pa3Tnent of such costs shall be allowed. 
 made out, and the sum of money mentioned 
 therein paid and repaid,^ upon the same terms and 
 in the same manner in all respects as in oases of 
 felony. 
 
 122. Nothing in this act contained shall extend Act not to 
 to Scotland, except as hereinbefore otherwise Scotland. 
 expressly provided. 
 
 123. This act shall commence and take effect Commenoe- 
 on the first day of November one thousand eight ™^°' °' ^°'- 
 hundred and sixty-one. 
 
 F 2 
 
100 
 
 IV. 
 
 MALICIOUS INJURIES TO PROPERTY 
 ACT. 
 
 24 & 25 Vict. cap. 97. 
 
 An Act to consolidate and amend the Statute Law 
 of England and Ireland relatirtg to Malicious 
 Injuries to Property. — [6fA Augwt, 1861.] 
 
 Wheebas it is expedient to consolidate and amend 
 the statute law of England and Ireland relating to 
 malicious injuries to property : Be it enacted by 
 tlie Queen's most excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as 
 follows : 
 
 Injuries by Fire to Buildings, and Goods therein. 
 
 Setting Are 1- Whosoever shall unlawfully and maliciously 
 to a ohuveh get fire to any church, chapel, meeting house, or 
 or c ape . ^^j^gj, pj^j^gg (jf Divine worship, shall be guilty of 
 felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
 Setting Are 2. Whosoever shall unlawfully and maliciously 
 honseTany'^ set fire to any dwelling house, any person being 
 
24 ^ 25 Vict. dap. 97; 101 
 
 tiereiiij stall be guilty of felony, and being con- person being 
 victed thereof shall be liable, at the discretion of "serein, 
 the court, to be kept in penal servitude for life or 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or with- 
 out solitary confinement, and, if a male under the 
 age of sixteen years, with or without whipping. 
 
 3.(') Whosoever shall unlawfully and maliciously setting are 
 set fire to any house, stable, coach-house, out- outhouae"' 
 house, warehouse, office, shop, mill, malthouse, manufa<> 
 hop oast, bam, storehouse, granary, hovel, shed, or buuding,™!: 
 fold, or to any farm building, or to any building 
 or erection used in farming land, or in carrying on 
 any trade or manufacture or any branch thereof, 
 whether the same shall then be in the possession 
 of the offender or in the possession of any other 
 person, with intent thereby to injure or defraud 
 any person, shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in ,penal servitude for life 
 or for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or with- 
 out solitary confinement, and, if a male under the 
 age of sixteen years, with or without whipping. 
 
 4. Whosoever shall unlawfully and maliciously setting a-e 
 set fire to any station, engine house, warehouse, ^jt'staHon. 
 or other building belonging or appertaining to any 
 railway, port, dock, or harbour, or to any canal or 
 other navigation, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the dis- 
 cretion of the court, to be kept in penal servitude 
 
 (') TTnder this section it was lield that where the defen- 
 dants had made a iire in several places on the floor of an 
 unfinished building intended to be used vrhen finished as a 
 dwelling house, they could not be convicted upon counts 
 charging the setting fire to a house : QReg. v. EdgeU and 
 others, 11 Cox Crim, Cas. 132. Lush, J.) 
 
102 Malicious Injuries to Property Act, 
 
 for life or for any term not less than three years, 
 — or to be imprisoned for any term not exceeding 
 two years, with or*without hard labour, and, if a 
 male under the age of sixteen years, with or with- 
 out whipping. 
 
 SetHng Are 5. Whosoever shall unlawfully and maliciously 
 ^^xiins'^ set fire to any building other than such as are in 
 this act before mentioned, belonging to the Queen, 
 or to any county, riding, division, city, borough, 
 poor-law union, parish, or place, or belonging to 
 any university, or college or hall of any university, 
 or to any inn of court, or devoted or dedicated to 
 public use or ornament, or erected or maintained 
 by pubUc subscription or contribution, shall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for hfe or for any term not less 
 than three years, — or to be impriaoned for any 
 term not exceeding two years, with or without 
 hard labour, and, if a male under the age of six- 
 teen years, with or without whipping. 
 
 Setting flre 6. Whosoever shall unlawfully and maliciously 
 buSSngs. s^* ^^ *° ^"ly building other than such as are in 
 this act before mentioned shall be guilty of felony, 
 and beitig convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen years and 
 not less than three years, — or to be imprisoned for 
 any term not exceediog two years, with or with- 
 out hard labour, and, if a male under the age of 
 sixteen years, with or without whipping. 
 
 Setting flre 7. Whosoever shall imlawfully and maliciously 
 
 Inf buHdtag s^* ^^ *° ^y matter or thing, being in, against, 
 
 the setting or under any building, under such circumstances 
 
 is felony. '° tli^t iE the buUding were thereby set flre to the 
 
 offence would amount to felony, shall be guilty of 
 
 felony, and being convicted thereof shall be Uable, 
 
 at the discretion of the court, to be kept in penal 
 
24 ^ 25 Vict, cap. 97. 103 
 
 servitude for any term not exceeding fourteen and 
 not less than three years,^-or to be imprisoned for 
 any term not exceeding two years, with or with- 
 out hard labour, and, if a male under the age of 
 sixteen years, with or without whipping. 
 
 8. Whosoever shall unlawfully and maliciously Attempting 
 by any overt act attempt to set fire to any build- JJifi^'n™ *° 
 ing, or any matter or thing in the last preceding 
 
 section mentioned, under such circumstances that 
 if the same were thereby set fire to the offender 
 would be guilty of felony, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen and not 
 less than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and vrith or without solitary confine- 
 ment, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
 Injuries Jy explosive Substances to Buildings and 
 Goods therein. 
 
 9. Whosoever shall unlawfiiUy and maliciously. Destroying 
 by the explosion of gunpowder or other explosive ordamaging 
 substance, destroy, throw down, or damage the gunpowder, 
 whole or any part of any dweUiag house, any per- Sg^"^^™ 
 son being therein, or of any building whereby the therein. 
 life of any person shall be endangered, shall be 
 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 and, if a male under the age of sixteen years, 
 with or without whipping. 
 
 10. Whosoever shall unlawfully and maliciously Attempting 
 place or throw in, into, upon, under, against, or near {," naing"^^ 
 any building- any gunpowder or other explosive with gun-. 
 
104 Malicious Injuries to ProjpeHy Act, 
 
 substance, witli intent to destroy or damage any 
 building, or any engine, macliinery, working tools, 
 fixtures, goods or chattels, shall, whether or not 
 any explosion take place, and whether or not any 
 damage be caused, be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for any 
 term not exceeding fourteen and not less than three 
 years, — or to be imprisoned for any term not exceed- 
 ing two years, with or without hard labour, and 
 with or without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 Injuries to Buildings hy Rioters, ^e. 
 
 EioterB H- If ^.ny persons riotously and tumultuously 
 
 demoitahing assembled together to the disturbance of the 
 buudin'g, &0. pubUc peace shall unlawfully and with force 
 demolish, or pull down or destroy, or begin to 
 demolish, pull down, or destroy, any church, 
 chapel, meeting house, or other place of Divine 
 worship, or any house, stable, coach-house, out- 
 house, warehouse, office, shop, mill, malthouse, 
 hop-oast, bam, granary, shed, hovel, or fold, 
 or any building or erection used ia farming land, 
 or in carrying on any trade or manufacture or 
 any branch thereof, or any building other than 
 such as are in this section before mentioned, 
 belonging to the Queen, or to any county, riding, 
 division, city, borough, poor-law union, parish, 
 or place, or belonging to any university, or col- 
 lege or haU of any university, or to any inn of 
 court, or devoted or dedicated to public use or 
 ornament, or erected or maintained by pubhc 
 subscription or contribution, or any machinery, 
 whether fixed or movable, prepared for or em- 
 ployed in any manufacture or in any branch 
 thereof, or any steam engine or other engine for 
 sinking, working, ventilating, or draining any 
 mine, or any staith, building, or erection used 
 
24 ^ 25 Vict. cap. 97. 105 
 
 in conducting the business of any mine, or any 
 bridge, waggonway, or trunk for conveying mine- 
 rals from any mine, every sucli offender shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for life or for any 
 term not less than three years,^-or to be impri- 
 soned for any term not exceeding two years, with 
 or without hard labour, and with or without soli- 
 tary confinement. 
 
 ■ 12. If any persons, riotously and tumultuously Eiotera 
 assembled together to the disturbance of the '°i"dta^ 
 public peace, shall unlawfully and with force maohine'ry, 
 injure or damage any such church, chapel, meet- "' 
 ing house, place of Divine worship, house, stable, 
 coach-house, outhouse, warehouse, ofiSce, shop, 
 mUl, malthouse, hop-oast, bam, granary, shed, 
 hovel, fold, building, erection, machinery, engine, 
 staith, bridge, waggonway, or trunk, as is in the 
 last preceding section mentioned, every such 
 offender shall be guilty of a misdemeanor, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for any term not exceeding seven years 
 and not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour : provided, that if 
 upon the trial of any person for any felony in 
 the last preceding section mentioned the jury 
 shall not be satisfied that such person is guilty 
 thereof, but shall be satisfied that he is guilty of 
 any offence in this section mentioned, then the 
 jury may find him guilty thereof, and he may be 
 punished accordingly. 
 
 Injuries to Buildings by Tenants. 
 13. Whosoever, being possessed of any dwell- Tenants of 
 ing house or other building, or part of any dwell- mSutiiy 
 ing house or other building held for any term of ^jij^b 
 F 3 
 
106 Malicious Injuries to Property Act, 
 
 years or other less term, or at will, or held over 
 after the termination of any tenancy, shall unlaw- 
 fully and maliciously pull down or demolish, or 
 begin to pull down or demolish, the same or any 
 part thereof, or shall unlawfully and maliciously 
 pull down or sever from the freehold any fixture 
 being fixed in or to such dwelling house or build- 
 ing, or part of such dwelling house or building, 
 shaU be guilty of a misdemeanor. 
 
 Injuries to Manufactures, Machinery, SfC. 
 DeBtroying 14. Whosoever shall unlawfully and mali- 
 proces?of ciously cut, break, or destroy, or damage with 
 manutac- intent to destroy or to render useless, any goods 
 Ehi'nery" or article of silk, woollen, linen, cotton, hair. 
 *<=• mohair, or alpaca, or of any one or more of those 
 
 materials mixed with each other or mixed vrith 
 any other material, or any framework-knitted 
 piece, stocking, hose, or lace, being in the loom 
 or frame, or on any machine or engine, or on 
 the rack or tenters, or in any stage, process or 
 progress of manufacture, or shall unlawfully or 
 maliciously cut, break, or destroy, or damage 
 with intent to destroy or to render useless, any 
 warp or shute of silk, woollen, linen, cotton, hair, 
 mohair, or alpaca, or of any one or more of those 
 materials mixed with each other, or mixed with 
 any other material, or shall unlawfully and mali- 
 ciously cut, break, or destroy, or damage with 
 intent to destroy or render useless, any loom, 
 frame, machine, engine, rack, tackle, tool, or im- 
 plement, whether fixed or movable, prepared for or 
 employed in carding, spinning, throwing, weaving, 
 fulling, shearing, or otherwise manufacturing or 
 preparing any such goods or articles, or shall by 
 force enter into any house, shop, building, or 
 place, with intent to commit any of the offences 
 in this section mentioned, shaU be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in 
 
24 ^ 25 Vict. cap. 97. 107 
 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, witli or without 
 hard labour, and with or without solitary confine- 
 ment, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
 15.(2) Whosoever shall unlawfully and mali- Destroying 
 ciously cut, break, or destroy, or damage with ™^r manS. 
 intent to destroy or to render useless, any machine faotares. 
 or engine, whether fixed or movable, used or machines, 
 intended to be used for sowing, reaping, mowing, *"■ 
 threshing, ploughing, or draining, or for perform- 
 ing any other agricultural operation, or any 
 machine or engiae, or any tool or implement, 
 whether fixed or movable, prepared for or em- 
 ployed in any manufacture whatsoever (except 
 tiie manufacture of silk, wooUen, linen, cotton, 
 hair, mohair, or alpaca goods, or goods of any 
 one or more of those materials mixed with each 
 other or mixed vdth any other material, or any 
 
 C) Every indictment for felony, whether it be a felony at 
 common law or by statute, mnfit allege that the act which 
 forms the subject matter of the indictment was done 
 "feloniously;" where, therefore, upon an indictment under 
 this section the allegation was that the defendant "did 
 unlawfully and maliciously damage with intent to destroy 
 certain machines," omitting to allege that it was done 
 " feloniously," it was held that the indictment was bad : 
 (Reg. V. Ch-ay, Leigh & Cave, 365 i 9 Cox Crim. Cas. 417 ; 
 33L. J. M. 0. 78.) 
 
 Damaging machine with intent to render it useless. — The 
 working parts of a steam threshing machine were designedly 
 screwed too tight, which prevented it from working; and 
 the plug of the pump was designedly taken out, and replaced 
 with the wrong side up, so that no water could pass from 
 the pump to the boiler; and the pipe leading from the plug 
 to the boiler was stopped up by a piece of stick, and the 
 machine was thus rendered temporarily useless andexposed 
 to danger. But when the working parts of the engine were 
 loosened, the plug properly replaced, and the stick taken 
 from the pipe, the engine was as good as before these acts 
 were done. Held, that these acts constituted damage to the 
 machine within the fifteenth section of the 24 & 25 Vict. o. 97 : 
 QReg. v. Msher, 13 L. T. Rep. 380 ; 35 L. J. M. C. 57.) 
 
Setting fire 
 to crops of 
 com, &c. 
 
 108 Malicious Injuries to Froperiy Act, 
 
 framework-knitted piece, stocking, tose, or lace), 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, 
 if a male under the age of sixteen years, with or 
 without whipping. 
 
 I 
 
 Injuries to Com, Trees, and vegetable Productions. 
 
 16. Whosoever shall unlawfully and mali- 
 ciously set fire to any crop of hay, grass, com, 
 grain, or pulse or of any cultivated vegetable 
 produce, whether standing or cut down, or to 
 any part of any wood, coppice, or plantation of 
 trees, or to any heath, gorse, furze, or fern, where- 
 soever the same may be growing, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 fourteen years, and not less than three years, — 
 or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 Netting are 17. Whosoever shall unlawfully and mali- 
 corn!'ite! "' ciously set fire to any stack of com, grain, pulse, 
 tares, hay, straw, haulm, stubble, or of any culti- 
 vated vegetable produce, or of furze, gorse, heath, 
 fern, turf, peat, coals, charcoal, wood, or bark, 
 or to any steer of wood or bark, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not 
 less than three years, — or to be imprisoned for 
 any term not exceeding two years, with or with- 
 
24 ^ 25 Vict. cap. 97. 109 
 
 out hard labour, and with or without soKtary 
 confinement, and, if a male under the age of sis- 
 teen years, with or without whipping. 
 
 18. Whosoever shall unlawfully and maliciously Attempting 
 by any overt act attempt to set fire to any such '° ^' "''^ '°, 
 
 , " ^ . , '■ ^ J ftny crops oi 
 
 matter or tmng as m either of the last two pre- com, &o. or 
 ceding sections mentioned, under such circum- or s'telr^'"'"'' 
 stances that if the same were thereby set fire 
 to the offender would be, under either of such 
 sections, guilty of felony, shall be guilty of 
 felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 seven and not less than three years, — or to be 
 imprisoned for any term not exceeding two 
 years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 19. Whosoever shall unlawfully and maliciously DeBtroying 
 cut or otherwise destroy any hopbinds growing '"'pI'""Jb- 
 on poles in any plantation of hops shall be guilty 
 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 fourteen and not less than three years, — or to be 
 imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 20. Whosoever shall unlawfully and maU- DeBtroying 
 
 ciously cut, break, bark, root up, or otherwise "jg™''^'''* 
 
 destroy or damage the whole or any part of shrubs, &a. 
 i_ T 1 i_ J J to the value 
 
 any tree, saplmg, or shrub, or any underwood, of more than 
 
 growing in any park, pleasure ground, garden, ^f^^^J"^^^^ 
 
 orchard, or avenue, or in any ground adjoining ground, te. 
 
 or belonging to amy dwelling house (in case the 
 
110 Malicious Injuries to Property Act, 
 
 amount of the injuiy done shall exceed the sum 
 of one pound), shaU be guilty of felony, and being 
 conyioted thereof Shall be liable, at the discretion 
 of the court, to be kept ia penal servitude for the 
 term of three years, or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment, and, if a male imder the age of sixteen 
 years, with or without whipping. 
 
 Destroying 21. Whosoever shall unlawfully and maliciously 
 
 trees™*^'"^ cut, break, bark, root up, or otherwise destroy or 
 
 Bhraba, Sus. damage the whole or any part of any tree, sapling, 
 
 of more than Or shrub. Or any underwood, growing elsewhere 
 
 5(. growing than in any park, pleasure ground, garden, 
 elsewtiere , . J r ' r & ' _&_ ' 
 
 tlian in a Orchard, or avenue, or m any ground adjommg to 
 
 ground^te. °^ belonging to any dwelling house (in case the 
 amount of injury done shall exceed the sum of 
 five pounds), shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for the 
 term of three years, or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment, and, if a male under the age of sixteen 
 ■years, with or without whipping. 
 
 Damaging 22. Whosoever shall imlawfuUy and mali- 
 wlieresoever ciously cut, break, bark, root up, or otherwise 
 growing, to destroy or damage the whole or any part of any 
 of u tree, sapling, or shrub, or any underwood, where- 
 
 soever the same may be growing, the injury done 
 being to the amount of one shilling at the least, 
 shall, on conviction thereof before a justice of 
 the peace, at the discretion of the justice, either 
 be committed to the common gaol or house of 
 conrection, there to be imprisoned only, or to be 
 imprisoned and kept to hard labour for any term 
 not exceeding three months, or else shall forfeit 
 and pay, over and above the amount of the injury 
 done, such sum of money, not exceeding five 
 
24 ^ 25 Vict. cap. 97. Ill 
 
 pounds as to tlie justice shall seem meet ; and Second 
 whosoever, having been convicted of any such °"''°°»- 
 offence, either against this or any former act of 
 Parliament, shall afterwards commit any of the 
 said offences in this section before mentioned, 
 and shall be convicted thereof in like manner, 
 shall for such second offence be committed to the 
 common gaol or house of correction, there to be 
 kept to hard labour for such term, not exceeding 
 twelve months, as the convicting justice shall 
 think fit ; and whosoever, having been twice con- Third 
 victed of any such offence (whether both or either of o"^""^- 
 such convictions shall have taken place before or 
 after the passing of this act), shall afterwards 
 commit any of the said offences in this section 
 before mentioned, shall be guilty of a mis- 
 dem.eanor, and being convicted thereof shall be 
 liable at the discretion of the court, to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or 
 without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 23. Whosoever shall unlawfully and mali- Destroying 
 oiously destroy, or damage with intent to destroy, Te|e'abie'"^ 
 any plant, root, fruit, or vegetable production, production 
 
 ■' f . I ,°-, ^ jina garden, 
 
 growmg m any garden, orchard, nursery ground, 
 
 hothouse, greenhouse, or conservatory, shall, on 
 
 conviction thereof before a justice of the peace, at 
 
 the discretion of the Justice, either be cominitted 
 
 to the common gaol or house of correction, there 
 
 to be imprisoned only, or to be imprisoned and 
 
 , kept ;to hard labour for any term not exceeding 
 
 six months, or else shaU forfeit and pay, over and 
 
 above the amount of the injury done, such sum of 
 
 money not exceeding twenty pounds as to the 
 
 justice shall seem meet ; and whosoever, having second 
 
 been convicted of any such offence, either against o«™<=«- 
 
 this or any former act of Parliament, shall after- 
 
112 Malicious Injuries to Property Act, 
 
 wards commit any of the said offences in this 
 section before mentioned, shall be guUty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the couit, to be kept in penal servi- 
 tude for the term of three years, — or to be 
 imprisoned for any term not exceeding two 
 years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 under the age or sixteen years, with or without 
 whipping. 
 
 DeBtroying, 24. Whosoever shall unlawfully and mali- 
 fable^pro- cionsly destroy, or damage with intent to destroy, 
 ductiona not any cultivated root or plant used for the food of 
 iardmf, "c. ^^'^ o' beast, or for medicine, or for distilling, or 
 for dyeing, or for or in the course of any manu- 
 facture, and growing in any land, open or in- 
 closed, not being a garden, orchard, or nursery 
 ground, shall, on conviction thereof before a 
 justice of the peace, at the discretion of the 
 justice, either be committed to the common gaol 
 or house of correction, there to be inapiisoned 
 only, or to be imprisoned and kept to hard labour, 
 for any term not exceeding one month, or else 
 shall forfeit and pay, over and above the amount 
 of the injury done, such sum of money not ex- 
 ceeding twenty shillings as to the justice shall 
 seem meet, and in default of pajrment thereof, 
 together with the costs, if ordered, shall be com- 
 mitted as aforesaid for any term not exceeding 
 Second One month, ' unless payment be sooner made ; and 
 oftenoK whosoever, having been convicted of any such 
 offence either against this or any former act of 
 Parliament, shall afterwards commit any of the 
 said offences in this section before mentioned, and 
 shall be convicted thereof in like manner, shall be 
 committed to the common gaol or house of correc- 
 tion, there to be kept to hard labour for such 
 term not exceeding six months as the convicting, 
 justice shall think fit. 
 
24 (?• 25 Vict. cap. 97. 113 
 
 Injuries to Fences. 
 
 25. Whosoever shall unlawfully and maliciously Destroying, 
 cut, break, throw down, or in anywise destroy any ^^^\^yi 
 fence of any description whatsoever, or any wall, atue, or gate, 
 stile, or gate, or any part thereof respectively, 
 
 shall, on conviction thereof before a justice of the 
 peace, for the first offence forfeit and pay, over 
 and above the amount of the injury done, such 
 sum of money not exceeding five pounds as to the 
 justice shall seem meet ; and whosoever, having second 
 been convicted of any such offence, either against off™i=e. 
 this or any former act of Parliament, shall after- 
 wards commit any of the said offences in this 
 section before mentioned, and shall be convicted 
 thereof in like manner, shall be committed to the 
 common gaol or house of correction, there to be 
 kept to hard labour for such term not exceeding 
 twelve months as the convicting justice shall 
 think fit. 
 
 Injuries to Mines. 
 
 26. Whosoever shall unlawfully and maliciously setting are 
 set fire to any mine of coal, cannel coal, anthra- J^*a°°*' 
 cite, or other mineral fuel, shaU be guilty of 
 felony, and being convicted thereof shall be liable, 
 
 at the discretion of the court, to be kept in penal 
 servitudfe for life or for any term not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 and, if a male under the age of sixteen years, 
 with or withput whipping. 
 
 ^7. Whosoever shall unlawfully and mali- Attempting 
 ciously by any overt act attempt to set fire to any ^^i^e. " 
 mine, under such circumstances that if the mine 
 were thereby set fire to the offender would be 
 guilty of felony, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the dis- 
 cretion of the court, to be kept in penal servitude 
 
114 Malicious Injuries to Property Act, 
 
 for any term not exceeding fourteen years and not 
 less than ttree years, — or to be imprisoned for 
 any term not exceeding two years, with, or without 
 hard labour, and with or without solitary confine- 
 ment, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
 Oonveying 28. Whosoever shall unlawfully and mali- 
 wMer into gig^giy cause any water to be conveyed or run into 
 obstraoting any mine, or into any subterraneous passage com- 
 ' ■ municating therewith, with intent thereby to 
 destroy or damage such mine, or to hinder or 
 delay the working thereof, or shall with the like 
 intent unlawfully and maliciously pull down, fill 
 up, or obstruct or damage, with intent to destroy, 
 obstruct, or render useless, any airway, waterway, 
 drain, pit, level, or shaft of or belonging to any 
 mine, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three years,-7-or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 and, if a male under the age of sixteen years, with 
 or without whipping : provided that this provision 
 shall not extend to any damage committed under- 
 ground by any owner of any adjoining mine in 
 working the same, or by any person duly employed 
 in such working. 
 
 Damaging 29. Whosoever shaU unlawfully and mali- 
 iSes, ciously pull down or destroy, or damage with 
 Btaiths, intent to destroy or render useless, anv steam 
 
 waggon- . j.i_ • J! • 1 • ■■ . r 
 
 ways, ftc engine, or otner engine tor smking, draining, ven- 
 Sin™'™® tilating, or working, or for in anywise assisting in 
 sinking, draining, ventilating, or working any 
 mine, or any appliance or apparatus in connection 
 with any such steam or other engine, or any 
 staith, building, or erection used in conducting 
 the business of any mine, or any bridge, waggon- 
 
24 #25 Vict. cap. 97. 115 
 
 way or trunk for conveying minerals from any 
 mine, wlietlier such engine, staith, building, 
 erection, bridge, waggonway, or trunk be com- 
 pleted or in an unfinislied state, or stall unlaw- 
 fully and maliciously stop, obstruct, or hinder the 
 working of any such steam or other engine, or of 
 any such appliance or apparatus as aforesaid, with 
 intent thereby to destroy or damage any mine, or 
 to hinder, obstruct, or delay the working thereof, 
 or shall unlawfully and maliciously wholly or 
 partially cut through, sever, break, or unfasten, or 
 damage with intent to destroy or render useless, 
 any rope, chain, or tackle, of whatsoever material 
 the same shall be made, used in any mine, or in 
 or upon any inclined plane, railway, or other way, 
 or other work whatsoever, in anywise belonging or 
 appertaining to or connected with or employed in 
 any mine or the working or business thereof, shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not ex- 
 ceeding seven years and not less than three years, 
 -^or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 Injuries to Sea and River Banks, and to Works 
 on Rivers, Canals, #c. 
 
 30. Whosoever shall unlawfully and mali- Destroying 
 ciously break down or cut down or otherwise bant ot wall 
 damage or destroy any sea bank or sea wall, or onanyeanai 
 the bank, dam, or wall of or belonging to any 
 river, canal, drain, reservoir, pool, or marsh, 
 whereby any land or building shall be or shall be 
 in danger of being overflowed or damaged, or shall 
 unlawfully and maliciously throw, break, or cut 
 down, level, undermine, or otherwise destroy, any 
 quay, wharf, jetty, look, sluice, floodgate, weir, 
 
116 Malicious Injuries to Property Act, 
 
 tunnel, towing-path, drain, watercourse, or other 
 work belonging' to any port, harbour, dock, or 
 reservoir, or on or belonging to any navigable 
 river or canal, shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for life 
 or for any term not less than three years, — or to 
 be imprisoned fqr any term not exceeding two 
 years, with or without hard labour, and with 
 or without solitary confinement, and, if a male 
 under the age of sixteen years, with or without 
 whipping. 
 
 Kemoving 31. Whosoever shall unlawfully and mali- 
 anyae'r"' oiously cut off, draw up, or remove any piles, 
 bank, &o., or chalk, or other materials fixed in the ground, and 
 damage°te> used for securing any sea bank, or sea wall, or the 
 obstruotthe bank, dam, or wall of any river, canal, drain, 
 
 navigation ' ' , J , ^ , , 
 
 or a river or aqueduct, marsh, reservoir, pool, port, harbour, 
 
 cana . dock, quay, wharf, jetty, or look, or shall unlaw- 
 
 fully and maliciously open or draw up any flood- 
 gate or sluice, or do any other injury or mischief 
 to any navigable river or canal, with intent and so 
 as thereby to obstruct or prevent the carrying on, 
 completing, or maintaining the navigation thereof, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to. be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with, or 
 without whipping. 
 
 Injuries to Ponds. 
 
 Breaking 32. Whosoever shall unlawfully and mali- 
 
 dam°of'a ciously Cut through, break down, or otherwise 
 fishery, &c., destroy the dam, floodgate, or sluice of any fish 
 or poisoning pond, Or of any water which shall be private 
 
 flsh. 
 
24^25 Vict. cap. 97. 117 
 
 property, or in wMoli there shall be any private 
 right of fishery, with intent thereby to take or 
 destroy any of the fish in such pond or water, or 
 so as thereby to cause the loss or destruction of 
 any of the fish, or shall unlawfully and mali- 
 ciously put any lime or other noxious material in 
 any such pond or water, with intent thereby to 
 destroy any of the fish that may then be or that 
 may thereafter be put therein, or shall unlawfully 
 and maliciously cut through, break down, or 
 otherwise destroy the dam or floodgate of any 
 mill pond, reservoir, or pool, shall be guilty of 
 misdemeanor, and being convicted thereof .shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 seven years, and not less than three years, — or to 
 be imprisoned for any term not exceeding two years, 
 with or without hai'd labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 Injuries to Bridges, Viaducts, and Toll Bars. 
 
 33. Whosoever shall unlawfully and mali- injary to a 
 ciously pull or throw down or in aii3rwise destroy bridge, 
 any bridge (whether over any stream of water or ' 
 not), or any viaduct or aqueduct, over or under 
 which bridge, viaduct, or aqueduct, any highway, 
 railway, or canal shall pass, or do any injury with 
 intent and so as thereby to render such bridge, 
 viaduct, or aqueduct, or the highway, railway, or 
 canal passing over or under the same, or any part 
 thereof, dangerous or impassable, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
118 Malicious Injuries to Property/ Act, 
 
 DeBtroyinga 34. Whosoever shall unlawfiiUy and maliciously 
 g"te toll throw down, level, or otherwise destroy, in whole 
 house, &!. or in part, any turnpike gate or toU bar, or any 
 wall, chain, rail, post, bar or other fence belonging 
 to any turnpike gate or toU bar, or set up or 
 erected to prevent passengers passing by without 
 paying any toll directed to be paid by any act of 
 Parhament relating thereto, or any house, building, 
 or weighing engine erected for the better collection, 
 ascertainment, or security of any such toU, shall 
 be guilty of a misdemeanor. 
 
 Injuries to Railway Carriages and Telegraphs. 
 
 Placing 35. Whosoever shall unlawfully and maUciously 
 
 on railway P^*' pl^cc, cast, or throw upon or across any raU- 
 with intent way, any wood, stone, or other matter or thing, 
 c? overthrow or shaU unlawfully and maliciously take up, re- 
 any engine, move, or displace any raU, sleeper, or other matter 
 or thing belonging to any railway, or shall un- 
 lawfully and maliciously turn, move, or divert any 
 points or other machinery belonging to any rail- 
 way, or shall unlawfully and maUciously make 
 or show, hide or remove any signal or light, upon 
 or near to any railway, or shall unlawfully and 
 maliciously do or cause to be done any other 
 matter or thing, with intent in any of the oases 
 aforesaid, to obstruct, upset, overthrow, injure, or 
 destroy any engine, tender, carriage, or truck 
 using such railway, shall be guilty of felony, and 
 being convicted thereof shall be Uable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for life or for any term not less than three 
 years, — or to be imprisoned for any term not exr 
 ceeding two years, with or without hard labour, 
 and if a male tinder the age of sixteen, with or 
 without whipping. 
 
 Obstructing 36. Whosoever, by any unlawful act, or by any 
 eaS^ea^on "^^^ omission Or neglect, shall obstruct or cause 
 raiiwoj's. to be obstructed any engine or carriage using any 
 
24 ^ 25 Vict. cap. 97. 119 
 
 railwaj', or shall aid or assist therein, shall be 
 guilty of a misdemeaiior, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be imprisoned for any term not exceeding 
 two years, with or without hard labour. 
 
 37. Whosoever shall unlawfully and maUciously injuriea to 
 cut, breai, throw down, destroy, injure, or remove «ieotrio or 
 any battery, machinery, wire, cable, post, or other SSaphs. 
 matter or thing whatsoever, being part of or being 
 used or employed in or about any electric or 
 magnetic telegraph, or in the working thereof, or 
 shall unlawfully and maliciously prevent or ob- 
 struct in any manner whatsoever the sending, 
 conveyance, or delivery of any communication by 
 any such telegraph, shall be guilty of a misde- 
 meanor, and being convicted thereof shall be hable, 
 at the discretion of the court, to be imprisoned for 
 any term not exceeding two years, with or without 
 hard labour : provided that if it shall appear to 
 any justice, on the examination of any person 
 charged with any offence against this section, that 
 it is not expedient to the ends of justice that the 
 same should be prosecuted by indictment, the 
 justice may proceed summarily to hear and deter- 
 mine the same, and the offender shall, on con- 
 viction thereof, at the discretion of the justice, 
 either be committed to the conmion goal or house 
 of correction, there to be imprisoned only, or to be 
 imprisoned and kept to hard labour, for any term 
 not exceeding three months, or else shall forfeit 
 and pay such sum of money not exceeding ten 
 pounds as to the justice shall seem meet. 
 
 38. Whosoever shall unlawfully and maUciously, Attempt to 
 hy any overt act, attempt to commit any of the "le^^apifa 
 offences in the last preceding section mentioned, 
 shall, on conviction thereof before a justice of the 
 peace, at the discretion of the justice, either be 
 committed to the common gaol or house of cor- 
 
120 Malicious Injuries to Property Act, 
 
 rection, ttere to be imprisoned only, or to be im- 
 prisoned and kept to bard labour, for any term not 
 exceeding three mpntbs, or else shall forfeit and 
 pay such sum of money not exceeding ten pounds 
 as to tbe justice shall seem meet. 
 
 Injuries to Works of Art. 
 
 Destroying 39. Whosoever shall unlawfully and maliciously 
 w rk™¥''rt "^^^^'oy °^ damage any book, manuscript, picture, 
 in museums, print, statue, bust, or vase, or any other article or 
 ito^OTin thing kept for the purposes of art, science, or 
 public places literature, or as an object of curiosity, in any 
 museum, gallery, cabinet, library, or other re- 
 pository, which museum, gallery, cabinet, library, 
 or other repository is either at all times or from 
 time to time open for the admission of the public, 
 or of any considerable number of persons to view 
 the same, either by the permission of the pro- 
 prietor thereof or by the pajrment of money before 
 entering the same, or any picture, statue, monu- 
 ment, or other memorial of the dead, painted glass, 
 or other ornament, or work of art, in any church, 
 chapel, meeting house, or other place of Divine 
 worship, or in any building belonging to the 
 Queen, or to any county, riding, division, city, 
 borough, poor-law union, parish, or place, or to 
 any university, or college or haU of any university, 
 or to any inn of court, or in any street, square, 
 churchyard, burial ground, public garden or 
 ground, or any statue or monument exposed to 
 public view, or any ornament, railing, or fence 
 surrounding such statue or monument, shall be 
 guilty of a misdemeanor, and being convicted 
 thereof shall be liable to be imprisoned for any 
 term not exceeding six months, with or without 
 hard labour, and, if a male under the age of six- 
 teen years, with or without whipping : provided 
 that nothing herein contained shall be deemed 
 to affect the right of any person to recover, by 
 action at law, dainages for the injury so committed. 
 
24 cj- 25 Vict. cap. 97. 121 
 
 Injuries to Cattle and other Animals. 
 
 40. (^) WTiosoever shall milawfully and mali- EUimg or 
 ciously kill, maim, or wound any cattle shall be Mttte"^ 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 fourteen and not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 41. Whosoever shall unlawfully and maliciously Killing or 
 kill, maim, or wound any dog, bird, beast, or other Sr"°^ 
 ■animal, not being cattle, but being either the sub- animals, 
 ject of larceny at common law, or being ordinarily 
 kept in a state of confinement, or for any domestic 
 pui'pose, shall, on conviction thereof before a 
 justice of the peace, at the discretion of the 
 justice, either be committed to the common gaol 
 or house of correction, there to be imprisoned only, 
 or to be imprisoned and kept to hard labour, for 
 any term not exceeding six months, or else shall 
 forfeit and pay, over and above the amount of 
 injury done, such sum of money not exceeding 
 twenty pounds as to the justice shall seem meet ; 
 and whosoever having been convicted of any such Second 
 offence shall afterwards commit any of the said ''*™°^- 
 offences in this section before mentioned, and shall 
 be convicted thereof in like maimer, shall be com- 
 mitted to the common gaol or house of correction, 
 there to be kept to hard labour for such term not 
 
 1; ■ 
 
 (') Upon an indictment under this eectiou for wounding 
 a gelding, the prieoner was convicted upon evidence which 
 showed that the gelding had suffered a laceration of the 
 roots of the tongue, which protruded, and a tearing of the 
 mouth, which injuries might have been caused by a pull of 
 the tongue by the hand, but there was no evidence to show 
 that any other instrument than the hand had been used. 
 Held that there was sufficient evidence of a wounding, and 
 the conviction was affirmed : (Reg. v. Bullock, 37 L. J. M. C. 
 47 i Law Kep. 1 Grim. Gas. 116 ; 17 L. T. Eep. 616.) 
 Q 
 
122 Malicious Injuries to Property Act, 
 
 Setting flre 
 to a ship. 
 
 Setting iire 
 to BilipB to 
 prejudice 
 the owner 
 or under- 
 writers. 
 
 Attempting 
 to set fire to 
 a vessel. 
 
 exceeding twelve months as the convicting justice 
 shall think fit. 
 
 42. Whosoever shall unlawihilly and maliciously 
 set fire to, oast away, or in anywise destroy any 
 ship or vessel, whether the same be complete or in 
 an unfinished state, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for life or for any term not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, vrith or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping. 
 
 43. Whosoever shall unlawfully and mali- 
 ciously set fire to, or cast away, or in anjrwise 
 destroy any ship or vessel, with intent thereby 
 to prejudice any owner or part owner of such 
 ship or vessel, or of any goods on board the same, 
 or any person that has underwritten or shall 
 underwrite any policy of insurance upon such 
 ship or vessel, or on the freight thereof, or upon 
 any goods on board the same, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for life or for ajiy term not less than 
 three years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping. 
 
 44. Whosoever shall unlawfully and mali- 
 ciously, by any overt act, attempt to set fire to, 
 cast away, or destroy any ship or vessel, under 
 such circumstances that if the ship or vessel were 
 thereby set fire to, cast away, or destroyed, the 
 offender would be guilty of felony, shall be guilty 
 of felony, and being convicted thereof shall be 
 
■24: cj-25 Vict. cap. 97. 123 
 
 liable, at the discretion of tlie coui't, to be kept 
 in penal servitude for any term not exceeding 
 fourteen and not less tlian three years, — or to be 
 imprisoned for any term not exceeding two years, 
 ■with or without hard labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 45. Whosoever shall unlawfully and mali- Placing gun- 
 ciously place or throw in, into, upon, against, or aTOssei^th 
 near any ship or vessel any gunpowder or other intent to 
 explosive substance, with intent to destroy or 
 damage any ship or vessel, or any machinery, 
 working tools, goods, or chattels, shall, whether 
 
 or not any explosion take place, and whether or 
 not any injury be effected, be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for any term not exceeding fourteen and 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without soli- 
 tary confinement, and, if a male under the age of 
 sixteen years, with or without whipping. 
 
 46. Whosoever shall unlawfully and mali- Damaging 
 ciously damage, otherwise than by fire, gun- ^Betb^n'^' 
 powder, or other explosive substance, any ship or ty Are- 
 vessel, whether complete or in an unfinished 
 
 state, with intent to destroy the same or render 
 the same useless, shall be guilty of felony, and 
 being convicted thereof shall be liable at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding seven years and 
 not less than three years, — or to be imprisoned 
 for amy term not exceeding two years, vnth or 
 without hard labour, and with or without solitary 
 confinement, and, if a male under the age of six- 
 teen years, with or without whipping. 
 
 47. Whosoever shall unlawfully mask, alter. Exhibiting 
 or remove any light or signal, or unlawfully J^*^^^ ''S^^^'^' 
 
 »2 
 
marks. 
 
 124 Malicious Injuries to Property Act, 
 
 exhibit any false light or signal, with intent to 
 bring any ship, vessel, or boat into danger, or 
 shall tinla-wfully and maliciously do anything 
 tending to the immediate loss or destruction of 
 any ship, vessel, or boat, and for which no 
 punishment is hereinbefore provided, shall be 
 guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for life, or for any term 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years,' with or 
 without hard labour, and with or without solitary 
 confinement, and, if a male under the age of six- 
 teen years, with or without whipping. 
 
 Kemovingor 48. Whosoever shall unlawfully and mali- 
 bnoyranl piously cut away, cast adrift, remove, alter, 
 other sea deface, sink, or destroy, or shall unlawfully and 
 maliciously do any act with intent to cut away, 
 cast adrift, remove, alter, deface, sink, or destroy, 
 or shall in any other manner unlawfully and 
 maliciously injure or conceal any boat, buoy, 
 buoy rope, perch, or mark used or intended for 
 the guidance of seamen or the purpose of navi- 
 gation, shall be guilty of felony, and being con- 
 victed thereof, shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three yearS, or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping. 
 
 Destroying 49. Whosoever shall unlawfully and mah- 
 rnr^rtides oiously destroy any part of any ship or vessel 
 belonging which shall be in distress, or wrecked, ' stranded, 
 or cast on snore, or any goods, merchandise, or 
 articles of any kind belonging to such ship or 
 vessel, shall be guUty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 
24 Sf 25 Vict. cap. 97. 125 
 
 tte court, to be kept in penal servitude for any 
 term not exceeding fourteen and not less tlian 
 three years, — or to be imprisoned for any term 
 not exceeding two years, witli or without bard 
 labour, and with or without solitary confinement. 
 
 Sending Letters threatening to bum or destroy. 
 
 50. Whosoever shall send, deliver, or utter, or Sending 
 directly or indirectly cause to be received, know- Ih^latening 
 ing the contents thereof, any letter or writing to bum or 
 threatening to bum or destro}' anjr house, bam, house? 
 or other building, or any rick or stack of grain, tuiidinga, 
 nay, or straw, or other agnouitural produce, or 
 any grain, hay, or straw, or other agricultural 
 produce in or under any building, or any ship 
 or vessel, or to kill, maim, or wound any cattle, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding ten years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the a!ge of sixteen years, with or 
 without whipping. 
 
 Injuries not before provided for. 
 51.(*) Whosoever shall unlawfully and mali- Persons 
 ciously commit any damage, injury, or spoil to or ^S"?^ 
 upon any real or personal property whatsoever, injuries not 
 either of a public or private nature, for which no videdfor 
 punishment is hereinbefore provided, the damage, thramoifnt 
 injury, or spoil being to an amount exceeding five of s;. 
 pounds, shall be guUty of a misdemeanor, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 
 (<) Under this section evidence of damage committed at 
 several times in the aggregate, bnt not at any one time ex- 
 ceeding &l., will not sustain an indictment : (Reg. v. Williams, 
 9 Oox Crim. 0»a. 338, Ir.) 
 
126 Malicious Injuries to Property Act, 
 
 term not exceeding two years, with, or without 
 hard labour ; and in case any such offence shall 
 be committed between the hours of nine of the 
 clock in the evening and six of the clock in the 
 next morning, shaU be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding five years and not less than 
 three, or to be imprisoned for any term not ex- 
 ceeding two years, with or without hard labour. 
 
 Persona 52. Whosoever shall wilfully or maliciously 
 
 d°am?^ftef commit any damage, injury, or spoil to or upon 
 any pro- any real or personal property whatsoever, either 
 case not ""^ of a public or private nature, for which no 
 previously punishment is hereinbefore provided, shall, on 
 
 provided for, ^ . .f J ,t 
 
 maybe conviction thereof before a justice oi the peace 
 oTflne'df' ^* *^® discretion 'of the justice, either be com- 
 and com- mitted to the common gaol or house of correction, 
 fusUce to * there to be imprisoned only, or to be imprisoned 
 Batio™ot °' ^^^ ■'^®P* *° ■'^^'^'^ labour, for any term not ex- 
 exoeedtog SI. ceeding two months, or else shall forfeit and pay 
 such sum of money not exceeding five pounds 
 as to the justice shall seem meet, and also such 
 further sum. of money as shall appear to the 
 justice to be a reasonable compensation for the 
 damage, injury, or spoil so committed, not ex- 
 Appiication ceeding the sum of five pounds ; which last- 
 awarded™^^ mentioned sum of money shall, in the case of 
 private property, be paid to the party aggrieved ; 
 and in the case of property of a public nature, 
 or wherein any public right is concerned, the 
 money shall be applied in the same manner as 
 every penalty imposed by a justice of the peace 
 under this act ; and if such sums of money, to- 
 gether with costs (if ordered), shall not be paid 
 either immediately after the conviction, or within 
 such period as the justice shall at the time of 
 the conviction appoint, the justice may commit 
 the offender to the common gaol or house of cor- 
 rection, there to be imprisoned only, or to be 
 
24 (!• 25 Vict. cap. 97. 127 
 
 imprisoned and kept to hard laboiir, as the justice 
 shall think fit, for any term not exceeding two 
 months, unless such sums and costs be sooner 
 paid : provided that nothing herein contained Not to 
 shall extend to any case where the party acted oertSa cases 
 under a fair and reasonable supposition that he herein 
 had a right to do the act complained of, nor to ""^ 
 any trespass, not being wilful and malicious, 
 committed in hunting, fishing, or in the pursuit 
 of game, but that every such trespass shall be 
 punishable in the same manner as if this act had 
 not passed. 
 
 53. The provisions in the last preceding gection Preceding 
 contained shall extend to any person who shall extend tS 
 wOfully or maliciously commit any injury to any trees, 
 tree, sapling, shrub, or underwood, for which no 
 punishment is hereinbefore provided. 
 
 Making Gunpowder to commit Offences, and 
 searching for the same. 
 
 54. Whosoever shall mate or manufacture, or Making or 
 
 knowingly have in his possession, any gunpowder powdlrf &c.", 
 
 or other explosive substance, or any dangerous or with intent 
 
 , , .^ , . ** . ° . , to commit 
 
 noxious tmng, or any machme, engine, mstru- any felony 
 
 ment, or thing, with intent thereby or by means ^|^™°' '^'° 
 thereof to commit, or for the purpose of enabling 
 any other person to commit, any of the felonies 
 in this act mentioned, shall be guilty of a mis- 
 demeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 sohtary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 55. Any justice of the peace of any county or justicesmay 
 place in which any machine, engine, implement, j.'^^^t°7oT 
 or thing, or any gunpowder or other explosive, searohing 
 dangerous, or noxious substance, is suspected to fo "auoh "' 
 be made, kept, or carried for the purpose of gunpowder, 
 
128 Malicious Injuries to Property Act, 
 
 being used in committing any of the felonies vd 
 this act mentioned, upon reasonable cause as- 
 signed upon oatb by any person, may issue p. 
 warrant under His hand and seal for searching in 
 the daytime any house, mUl, magazine, store- 
 house, warehouse, shop, cellar, yard, wharf, or 
 other place, or any carriage, waggon, cart, shij, 
 boat, or vessel, in which the same is suspected to 
 be made, kept, or carried for such purpose as 
 hereinbefore mentioned ; and every person acting 
 in the execution of any such warrant shall have, 
 for seizing, removing to proper places, and de- 
 taining every such machine, engine, implement, 
 and thing, and all such gunpowder, explosive, 
 dangerous, or noxious substances found upon such 
 search, which he shall have good cause to suspect 
 to be intended to be used in committing any such 
 offence, and the barrels, packages, cases, and 
 other receptacles in which the same shall be, the 
 same powers and protections which are given to 
 persons searching for unlawful quantities of gun- 
 powder under the warrant of a justice by the act 
 passed in the session holden in the twenty-third 
 and twenty-fourth years of the reign of Her 
 present Majesty, chapter one hundred and thirty- 
 nine, intituled "An Act to amend the Law con- 
 cerning the making, keeping, and carriage of Gun- 
 powder and Compositions of an explosive Nature, 
 and concerning the manufacture, sale, and use of 
 Fireworks." 
 
 Other Matters. 
 
 PrinoipalB 56. In the case of every felony punishable 
 
 degraeTna"* under this act, every principal in the second 
 
 acceBsorieg. degree, and every accessory before the fact, shall 
 
 be punishable in the same manner as the principal 
 
 in the first degree is by this act punishable ; and 
 
 every accessory after the fact to any felony 
 
 punishable under this act shall on conviction be 
 
 liable, at the discretion of the court, to be im- 
 
24 ^ 25 Vict. cap. 97. 129 
 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement ; and every person who shall Abettors in 
 aid, abet, counsel, or procure the commission ^l^^^^'^ 
 of any misdemeanor punishable under this act 
 shall be liable to be proceeded against, indicted, 
 and punished as a principal offender. 
 
 57. Any constable or peace officer may take a person 
 into custody, without warrant, any person whom '°'^?'^j' 
 he shall find lying or loitering in any highway, suspected of 
 yard, or other place during the night, and whom againstThia 
 he shall have good cause to suspect of having ?j<=t may 
 committed or being about to commit any felony henffi! " 
 against this act, and shall take such person as 
 
 soon as reasonably may be before a justice of the 
 peace, to be dealt with a<x;ording to law. 
 
 58. Every punishment and forfeiture by this Malice 
 act imposed on any person maliciously com- J^ ^°!' , 
 mitting any offence, whether the same be property 
 punishable upon indictment or upon sum.mary ™°8''^^8"''7- 
 conviction, shall equally apply and be enforced, 
 whether the offence shall be committed from 
 
 malice conceived against the owner of the pro- 
 perty in respect of which it shall be committed or 
 otherwise. 
 
 59. Every provision of this act not herein- Provisions 
 before so applied shaU apply to every person who, °^*Uppiy 
 vsdth intent to injure or defraud any other person, to persons in 
 shall do any of the acts hereinbefore made penal, ot'the^pro- 
 although the offender shall be in possession of pertyinjured 
 the property against or in respect of which such 
 
 act shall be done. 
 
 60. It shall be sufficient in any indictment for intent to 
 any offence against this act, where it shall be ^,°au" 
 necessary to allege an intent to injure or defraud,, particular 
 to allege that the party accused did the act with Seed'not be 
 intent to injure or defraud (as the case may be), ='^^d in any 
 without alleging an intent to injure or defraud 
 
 g3 
 
130 Malicious Injuries to Property Act, 
 
 PersoUB in 
 the act of 
 committing 
 any offence 
 may be ap- 
 prehended 
 without a 
 warrant. 
 
 any particular person ; and on the trial of any- 
 such, offence it shall not be necessary to prove 
 an intent to injure or defraud any particular 
 person, but it shall be sufflcient to prove that the 
 party accused did the act charged with an intent 
 to injure or defraud (as the case may be). 
 
 61. Any person found committing any offence 
 against this act, whether the same be punishable 
 upon indictment or upon summary conviction, 
 may be immediately apprehended, without a 
 warrant, by any peace officer, or the owner of the 
 property injiired, or his servant, or any person 
 authorised by him, and forthwith taken before 
 some neighbouring justice of the peace, to be 
 dealt with according to law. 
 
 Mode of 62. Where any person shall be charged on the 
 
 compelling q^^ of a Credible witness before any justice of the 
 appearance peace with any offence punishable on summary 
 puniBhabio conviction under this act, the justice may summon 
 on summary the person charged to appear at a time and place 
 
 conviction cj X X JL 
 
 to be named in such summons ; and if he shall 
 not appear accordingly, then (upon proof of the 
 due sei-vice of the summons upon such person 
 by dehvering the same to him personally, or by 
 leaving the same at his usual place of abode,) the 
 justice may either proceed to hear and determine 
 the case ex parte, or issue his warrant for appre- 
 hending such person and bringing him before 
 himself or some other justice of the peace ; or the 
 justice before whom the charge shall be made 
 may (if he shall so think fit), without any 
 previous summons (unless where otherwise spe- 
 cially directed), issue such warrant ; and the 
 justice before whom the person charged shall 
 appear or be brought shall proceed to hear and 
 determine the case. 
 
 Abettors in 63. Whosoever shall aid, abet, counsel, or pro- 
 puSabie °™s *^^ commission of any offence which is by 
 on summary this act punishable on summary conviction, either 
 
 conviction. * j ? 
 
24 ^ 25 Vict. cap. 97. 131 
 
 for every time of its commission, or for tlie first 
 and second time only, or for the first time only, 
 shall, on conviction before a justice of the peace, 
 be liable, for every first, second, or subsequent 
 offence of aiding, abetting, counselhng, or pro- 
 curing, to the same forfeiture and punishment to 
 which a person guilty of a first, second, or subse- 
 quent offence as a principal offender is by this 
 act made liable. 
 
 64. Every sum of money which shall be for- Application 
 feited for the amount of any injury done shall be ?ure°8''and 
 assessed in each case by the convicting justice, penalties 
 and shall be paid to the party aggrieved, except Bummary 
 where he is unknown, and in that case such sum ""mviction. 
 shall be applied in the same manner as a penalty : 
 
 and every sum which shall be imposed as a 
 penalty by any justice of the peace, whether 
 in addition to such amount or otherwise, shall be 
 paid and applied in the same manner as other 
 penalties recoverable before justices of the peace 
 are to be paid and applied in cases where the 
 statute imposing the same contains no directions 
 for the payment thereof to any person : provided Proviso 
 that where several persons shall join in the com- ^^g''4i ner- 
 mission of the same offence, and shall, upon sons join in 
 conviction thereof, each be adjudged to forfeit a of same 
 sum equivalent to the amount of the injury done, offence, 
 in every such case no further sum shall be paid to 
 the party aggrieved than such value or amount ; 
 and the remaining sum or sums forfeited shall 
 be applied in the same manner as any penalty 
 imposed by a justice of the peace is hereinbefore 
 directed to be applied. 
 
 65. In every case of a summary conviction if a, person 
 under this act, where the sum which shall be ^^"ted'' 
 forfeited for the amount of the injury done, shall not 
 or which shall be imposed as a penalty by the fusUoemay^ 
 justice, shall not be paid, either immediately after commit him. 
 the conviction, or within such period as the justice 
 
132 Malicious Injuries to Property Act, 
 
 stall, at the time of tlie conviction, appoint, the 
 convicting justice (unless where otherwise spe- 
 cially directed) may commit the offender to the 
 common gaol or "house of correction, there to be 
 imprisoned only, or to be imprisoned and kept 
 to hard labour, according to the discretion of the 
 justice, for any term not exceeding two months, 
 where the amount of the sum forfeited, or of 
 the penalty imposed, or of both (as the case may 
 be), together with the costs, shall not exceed five 
 pounds ; and for any term not exceeding four 
 months where the amount, with costs, shall not 
 exceed ten pounds ; and for any term not exceed- 
 ing six months in any other case ; the commit- 
 ment to be determinable in each of the cases 
 aforesaid upon pa3rment of the amount and costs. 
 
 Thajuatico 66. Where any person shall be summarily 
 Siarge the convicted before a justice of the peace of any 
 offender in offence against this act, and it shall be a first 
 conviction, the justice may, if he shall so think 
 fit, discharge the offender from his conviction 
 upon his making such satisfaction to the party 
 aggrieved for damages and costs, or either of 
 them, as shall be ascertained by the justice. 
 
 A Bummary 67. When any person convicted of any offence 
 BhaUbe™ punishable upon summary conviction by virtue of 
 bar to any this act shall have paid the sum adjudged to be 
 proceeding paid, together with costs, under such conviction,- 
 cause^ ^'""^ or shall have received a remission thereof from 
 the Grown, or the Lord Lieutenant or other chief 
 governor of Ireland, or shall have suffered the 
 imprisonment awarded for nonpayment thereof, 
 or the imprisonment awarded in the first instance, 
 or shall have been so discharged from his con- 
 viction by aty justice as aforesaid, he shall be 
 released from all further or other proceedings 
 for the same cause. 
 
 Appeal 68. In all cases where the sum adjudged to be 
 
 certain cases 
 
24 ^ 25 Vict. cap. 97. 133 
 
 paid on any summary conviction shall exceed five 
 pounds, or the imprisonment 'adjudged stall ex- 
 ceed one month, or the conviction shall take place 
 before one justice only, any person who shall 
 think himself aggrieved by any such conviction 
 may appeal to the next court of general or quarter 
 sessions which shall be holden not less than 
 twelve days after the day of such conviction, for 
 the county or place wherein the cause of com- 
 plaint shall have arisen ; provided that such per- 
 son shall give to the complainant a notice in 
 writing of such appeal, and of the cause and 
 matter thereof, vrithin three days after such con- 
 viction, and seven clear days at the least before 
 such sessions, and shall also either remain in cus- 
 tody untU the sessions, or shall enter into a 
 recognisance, with two sufficient sureties, before a 
 justice of the peace, conditioned personally to 
 appear at the said sessions and to try such appeal, 
 and to abide the judgment of the court there- 
 upon, and to pay such costs as shall be by the 
 court awarded ; or if such appeal shall be against 
 any conviction whereby only a penalty or sum of 
 money shall be adjudged to be paid, shall deposit 
 with the clerk of the convicting justice such a 
 sum of money as such justice shall deem to be 
 sufficient to cover the sum so adjudged to be paid, 
 together with the costs of the conviction and the 
 costs of the appeal ; and upon such notice being 
 given, and such recognisance being entered into, 
 or such deposit being made, the justice before 
 whom such recognisance shall be entered into, or 
 such deposit shall be made, shall liberate such 
 person if in custody ; and the court at such 
 sessions shall hear and determine the matter of 
 the appeal, and shall make such order therein, 
 with or without costs to either party, as to the 
 court shall seem meet ; and in case of the dis- 
 missal of the appeal, or the affirmance of the con- 
 viction, shall order and adjudge the offender to be 
 
134 Malicious Injuries to Property Act, 
 
 punisied according to the conviction, and to pay 
 sucli costs as shall be awarded, and shall, if neces- 
 sary, issue process for enforcing such judgment ; 
 and in any case« where after any such deposit shall 
 have been made as aforesaid the conviction shall 
 be afSrmed, the court may order the sum thereby 
 adjudged to be paid, together with the costs of 
 the conviction and the costs of the appeal, to be 
 paid out of the money deposited, and the residue 
 thereof, if any, to be repaid to the party con- 
 victed ; and in any case where after any such 
 deposit the conviction shall be quashed, the court 
 shall order the money deposited to be repaid to the 
 party convicted ; and in every case where any con- 
 viction shall be quashed on appeal as aforesaid, 
 the clerk of the peace or other proper officer shall 
 forthwith indorse on the conviction a memoran- 
 dum that the same has been quashed ; and when- 
 ever any copy or certificate of such conviction 
 shall be made, a copy of such memorandum shall- 
 be added thereto, and shall be sufficient evidence 
 that the conviction has been quashed in every case 
 where such copy or certificate would be sufficient 
 evidence of such conviction. 
 
 Aocertiorari. 69. No such conviction, or adjudication made 
 *"• on appeal therefrom, shall be quashed for want of 
 
 form, or be removed by certiorari into any of Her 
 Majesty's superior courts of record ; and no war- 
 rant of commitment shall be held void by reason 
 of any defect therein, provided it be therein 
 alleged that the party has been convicted, and 
 there be a good and valid conviction to sustain the 
 same. 
 
 OonTictions 70. Every justice of the peace before whom 
 returned to ^.ny person shall be convicted of any offence against 
 the quarter this act shall transmit the conviction to the next 
 court of general or quarter sessions which shall be 
 holden for the county or place wherein the offence 
 shall have been committed, there to be kept by 
 
 gesaioDs. 
 
24 ^ 25 Vict. oap. 97. 135 
 
 the proper officer among tlie records of the court ; 
 and upon any indictment or information against How far 
 any person for a subsequent offence, a copy of f|][J„it52?gP 
 suoIl conviction, certified by the proper oflScer of 
 the court, or proved to be a true copy, shall be 
 sufficient evidence to prove a conviction for the 
 former offence, and the conviction shall be pre- 
 sumed to have been unappealed against until the 
 contrary be shown. 
 
 71. All actions and prosecutions to be com- Venue in 
 menced against any person for anything done in Jg^inat"^^ 
 pursuance of this act shall be laid and tried in the persons 
 county where the fact was committed, and shall this act. 
 be commenced within six months after the fact 
 conunitted, and not otherwise ; and notice in Notice of 
 writing of such action, and of the cause thereof, *'""'°- 
 shall be given to the defendant one month at 
 least before the commencement of the action ; and 
 in any such action the defendant may plead the General 
 general issue, and give this act and the special '^^"*' *°- 
 matter in evidence at any trial to be had there- 
 upon ; and no plaintiff shall recover in any such 
 action if tender of sufficient amends shall have 
 been made before such action brought, or if a 
 sufficient sum of money shall have been paid into 
 court after such action brought, by or on behalf 
 of the defendant ; and if a verdict shall pass for 
 the defendant, or the plaintiff shall become non- 
 suit, or discontinue any such action after issue 
 joined, or if, upon demurrer or otherwise, judg- 
 ment shall be given against the plaintiff, the 
 defendant shall recover his full costs as between 
 attorney and client, and have the like remedy for 
 the same as any defendant has by law in other 
 cases ; and though a verdict shall be given for the 
 plaintiff in any such action, such plaintiff shall 
 not have costs against the defendant unless the 
 judge before whom the trial shall be shall certify 
 Ms approbation of the action. 
 
136 Malicious Injuries to Property Act, 
 
 Offences 72. All indictable offences mentioned in tHs act 
 
 wiSto tto wMct shaU be committed witbin tbe jurisdiction 
 jurisdiotton of tbe Admiralty of England or Ireland sball be 
 Admiralty, deemed to be offences of tbe same nature and 
 liable to tbe same ptmisbments as if tbey bad been 
 committed upon tbe land in England or Ireland, 
 and may be dealt witb, inquired of, tried, and 
 determined in any county or place in England 6r 
 Ireland in wbiob tbe offender sbaU be apprebended 
 or be in custody, in tbe same manner in all re- 
 spects as if tbey bad been actually committed in 
 tbat county or place ; and in any indictment for 
 any suob offence, or for being an accessory to sucb 
 an offence, tbe venue in tbe margin sball be tbe 
 same as if tbe offence bad been committed in sucb 
 county or place, and tbe offence shall be averred 
 to bave been committed "on tbe Higb Seas:" 
 provided tbat notbing berein contained sball alter 
 or affect any of tbe laws relating to tbe govern- 
 ment of Her Majesty's land or naval forces. 
 
 Pine and 73. Whenever any person sball be convicted of 
 
 suretiGs fOT g^jjy in(Ji(3table misdemeanor punishable under this 
 
 peace ; in act, the court may, if it shall think lit, in addition 
 
 what oases. ^^ ^^ ^^ -^^^ ^j ^^^ ^^ ^j^^ punishments by this 
 
 act authorised, fine the offender, and require him 
 to enter into his own recognisances, and to find 
 sureties, both or either, for keeping the peace and 
 being of good behaviour ; and in case of any felony 
 punishable under this act, the court may, if it 
 shall think fit, require the offender to enter into 
 his ovm recognisances, and to find sureties, both or 
 either, for keeping the peace, in addition to any 
 punishment by this act authorised : provided that 
 no person shall be imprisoned under this clause 
 for not finding sureties for any period exceeding 
 one year. 
 
 Hard labour 74. Whenever imprisonment, witb or without 
 hard labour, may be awarded for any indictable 
 offence under this act, tbe court may sentence 
 
24 ^ 25 Vict. cap. 97. 137 
 
 the offender to be imprisoned, or to be imprisoned 
 and kept to hard labour, in tlie common gaol or 
 house of correction. 
 
 75. Whenever solitary confinement may be Solitary 
 awarded for any indictable offence under this ana^^h^!"' 
 act, the court may direct the offender to be kept pidg- 
 in solitary confinement for any portion or por- 
 tions of his imprisonment, or of his imprisonment 
 
 with hard labour, not exceeding one month at 
 any one time, and not exceeding three months in 
 any one year ; and whenever whipping may be 
 awarded for any indictable offence under this 
 act, the court may sentence the offender to be 
 once privately whipped ; and the number of 
 strokes, and the instrument with which they shall 
 be inflicted, shall be specified by the court in the 
 sentence. 
 
 76. Every offence hereby made punishable on Summary 
 summary conviction may be prosecuted in England S' EnlilSd' 
 in the manner directed by the act of the session ™*y •>« 
 holden in the eleventh and twelfth years of Queen ii & i2Viot. 
 Victdria, chapter forty-three, so far as no pro- ireiand"^ " 
 vision is hereby made for any matter or thing under the 
 which may be required to be done in the course J/'n*.^^ ^"" 
 of such prosecution, and may be prosecuted in 
 
 Ireland before two or more justices of the peace, 
 
 or one metropolitan or stipendiary magistrate, in 
 
 the manner directed by the act of the session 
 
 holden in the fourteenth and fifteenth years of 
 
 Queen Victoria, chapter ninety-three, or in such 
 
 other manner as may be directed by any act that 
 
 may be passed for like purposes, and all provisions 
 
 contained in the said acts shall be applicable to 
 
 such prosecutions in the same manner as if they 
 
 were incorporated in this act : provided that except in 
 
 nothing in this act contained shall in any man- SSfme"™-'^ 
 
 ner alter or affect any enactment relating to pro- poiitan 
 
 oedure in the case of any offence punishable on trfofc^ 
 
 summary conviction within the City of London 
 
138 Malicious Iryuries to Property Act, #c. 
 
 or tlie Metropolitan Police District, or tlie re- 
 covery or application of any penalty or forfeiture 
 for any sucli offence. 
 
 The costs 77. The court before wliicli. any indictable mis- 
 
 prose^oution demeanor against tMs act shall be prosecuted or 
 
 otmisde- tried may allow the costs of the prosecution in 
 
 against this the same manner as m cases oi felony ; and every 
 
 allowed.''^ order for the payment of such costs shall be madi 
 
 out, and the sum of money mentioned therein 
 
 paid and repaid, upon the same terms and in 
 
 the same manner in all respects as in cases of 
 
 felony. 
 
 Act not to 78. Nothing in this act contained shall extend 
 locTtiimd? *° Scotland, except as hereinbefore otherwise ex- 
 
 pressly provided. 
 
 79. This act s 
 ' on the first day c 
 hundred and sixty-one. 
 
 Commence- 79. This act shall commence and take effect 
 ■ on the first day of November one thousand eight 
 
139 
 
 V. 
 
 FORGERY ACT. 
 
 24 & 25 ViOT. CAP. 98. 
 
 An Act to consolidate and amend the Statute Law 
 of England and Ireland relating to indictable 
 Offences by Forge?-//. — [6th August, 1861.] 
 
 Wheeeas it is expedient to consolidate and amend 
 the statute law of England and Ireland relating 
 to indictable offences by forgery : Be it enacted 
 by the Queen's most excellent Majesty, by and 
 with the advice and consent of the Lords spiritual 
 and temporal, and Oonunons, in this present Par- 
 hament assembled, and by the authority of the 
 same, as follows : 
 
 As to forging Her Majesty's seals : 
 1. Whosoever shall forge or counterfeit, orForgin^the 
 shall utter, knowing the same to be forged or ^^?^^ Seal, 
 counterfeited, the Great Seal of the United King- &o. 
 dom, Her Majesty's privy seal, any privy signet 
 of Her Majesty, Her Majesty's royal sign manual, 
 any of Her Majesty's seals appoioted by the 
 twenty-fourth article of the union between Eng- 
 land and Scotland to be kept, used, and continued 
 in Scotland, the Great Seal of Ireland, or the 
 privy seal of Ireland, or shall forge or counter- 
 feit the stamp or impression of any of the seals 
 aforesaid, or shaU. utter any document or instru- 
 ment whatsoever, having thereon or aflSxed there- 
 to the stamp or impression of any such forged 
 or counterfeited seal, knowing the same to be the 
 stamp or impression of such forged or counter- 
 
140 
 
 Forgery Act, 
 
 Forging 
 transfer of 
 certain 
 Btoclz, and 
 power of 
 attorney 
 relating 
 thereto. 
 
 felted seal, or any forged or counterfeited stamp 
 or impression made or apparently intended to 
 resemble tlie stamp or impression of any of the 
 seals aforesaid, knowing tlie same to be forged 
 or counterfeited, or shall forge or alter, or utter, 
 knowing tlie same to be forged or altered, any 
 document or instrument having any of the said 
 stamps or impressions thereon or affixed thereto, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life or for 
 any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 As to forging transfers of stock, &o. : 
 
 2. Whosoever shall forge or alter, or shall 
 offer, utter, dispose of, or put off, knowing the 
 same to be forged or altered, any transfer of any 
 share or interest of or in any stock, annuity, or 
 other public fund which now is or hereafter may 
 be transferable at the Bank of England or at the 
 Bank of Ireland, or of or in the capital stock of 
 any body corporate, company, or society which 
 now is or hereafter may be established by charter, 
 or by, under, or by virtue of any act of Parlia- 
 ment, or shall forge or alter, or shall offer, utter, 
 dispose of, or put off, knowing the same to be 
 forged or altered, any power of attorney or other 
 authority to transfer any share or interest of 
 or in any such stock, annuity, public fund, or 
 capital stock, or to receive any dividend or 
 money payable in respect of any such share or 
 interest, or shall demand or endeavour to have 
 any such share or interest -transferred, or to re- 
 ceive any dividend or money payable in respect 
 thereof, by virtue of any such forged or altered 
 power of attoi-ney or other authority, knowing the 
 same to be forged or altered, with intent in any 
 
24 # 25 Vict. cap. 98. 141 
 
 of the cases aforesaid to defraud, shall be guilty 
 of felony, and being convicted thereof shall be 
 Uable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 3. Whosoever shall falsely and deoeitfullv per- Personnting 
 
 « T '^ . . , fr •„ the owDer of 
 
 senate any owner ot any share or mterest oi or m oertaia 
 
 any stock, annuity, or other public fund which ^°°^fg™? g 
 now is or hereafter may be transferable at the or recemng 
 Bank of England, or at the Bank of Ireland, or °l^'^fg\, 
 any owner of any share or interest of or in the transfer or 
 capital stock of any body corporate, company, or dividends, 
 society which now is or hereafter may be esta- 
 blished by charter, or by, under, or by virtue of 
 any act of Parliament, or any owner of any 
 dividend or money payable in respect of any such 
 share or interest as aforesaid, and shall thereby 
 transfer or endeavour to transfer any share 
 or interest belonging to any such owner, or 
 thereby receive or endeavour to receive any money 
 due to any such owner, as if such offender were 
 the true and lawful owner, shall be guilty of 
 felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 4. Whosoever shaU. forge any name, hand- rorging 
 writing, or signature purporting to be the name, JJ pow?r°of 
 handwriting, or signature of a witness attesting attorney for 
 
 11 ,.° . ° . ,, ,1 ° transfer of 
 
 the execution or any power ot attorney or otner atook, && 
 authority to transfer any share or interest of or in 
 any such stock, annuity, public fund, or capital 
 stock as is in either of the last two preceding 
 sections mentioned, or to receive any dividend or 
 money payable in respect of any such share or 
 
142 Forgery Act, 
 
 interest, or shall offer, utter, dispose of, or put' off 
 any such power of attorney or other authority, 
 with any such |orged name, handwriting, or sig- 
 nature thereon, knowing the same to be forged, 
 shall be guilty of felony, and being convicted 
 thereof shaU be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 Making 5. Whosoever shall wilfully make any false 
 
 in the™ookB entry in, or wilfully alter any word or figure in, 
 of the public any of the books of account kept by the Governor 
 fmds. ^^^ Company of the Bank of England or the 
 
 Governor and Company of the Bank of Ireland, in 
 which books the accounts of the owners of any 
 stock, annuities, or other public funds which now 
 are or hereafter may be transferable at the Bank 
 of England or at the Bank of Ireland shall be 
 entered and kept, or shall in any manner wilfully 
 falsify any of the accounts of any of such owners 
 in any of the said books, with intent in any of 
 the cases aforesaid to defraud, or shall wilfully 
 make any transfer of any share or interest of or 
 in any stock, annuity, or other public fund which 
 now is or hereafter may be transferable at the 
 Bank of England or at the Bank of Ireland, 
 in the name of any person not being the true and 
 lawful owner of such share or interest, with 
 intent to defraud, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for life or for any term not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinem.ent. 
 
 Clerks of the 6. Whosoever, being a clerk, oiEcer, or servant 
 making out 0^ or other person employed or intrusted by the 
 
24 (J- 25 Vict. cap. 98. 143 
 
 Governor and Conapany of the Bank of England false 
 - ~ . - _ - , divide 
 
 warrants. 
 
 or the Governor and Company of the Bank of f'^-^™* 
 
 Ireland, shall knowingly make out or deliver any 
 dividetid warrant, or warrant for pajrment of any 
 annuity, interest, or money payable at the Bank 
 of England or Ireland, for a greater or less 
 amount than the person on whose behaK such 
 warrant shall be made out is entitled to, with 
 intent to defraud, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for any term not exceeding seven years and 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and vrith or without solitary 
 confinement. 
 
 As to forging India bonds : 
 
 7. Whosoever shaU. forge or alter, or shall Forging an 
 offer, utter, dispose of, or put off, knowuig the ^^^^^ 
 same to be forged or altered, any bond commonly 
 called an East India Bond, or any bond, deben- 
 ture, or security issued or made under the au- 
 thority of any act passed or to be passed relating 
 to the East Indies, or any indorsement on or 
 assignment of any such bond, debenture, or 
 security, with intent to defraud, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any term 
 not exceeding two years, with or vrithout hard 
 labour, and vyith or without solitary confinement. 
 
 As to forging exchequer bills, &c. : 
 8. Whosoever shall forge or alter, or shall Forging 
 offer, utter, dispose of, or put off, knowing the ^^if^'^^^'^^^g 
 same to be forged or altered, any exchequer bill and' 
 or exchequer bond or exchequer debenture, or any ^i'™''i™, 
 indorsement on or assignment of any exchequer 
 
144 
 
 Forgery Act, 
 
 Making 
 plateB, &c., 
 in imitation 
 of those 
 used for 
 exchequer 
 bills, &C. 
 
 Making^ 
 paper in 
 
 bill or excliequer bond or exchequer debenture, or 
 any receipt or certificate for interest accruing 
 thereon, witL. iiitent to defraud, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for life or for any term not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years with or without hard 
 labour, and with or without soUtary confinement. 
 
 9. Whosoever, without lawful authority or 
 excuse (the proof whereof shall lie on the party 
 accused), shall make or cause or procure to be 
 made, or shall aid or assist in makiag, or shall 
 knowingly have in his custody or possession, any 
 frame, mould or instrument having therein any 
 words, letters, figures, marks, lines, or devices 
 pecnhar to and appearing in the substance of 
 any paper provided or to be provided or used for 
 exchequer bills or exchequer bonds or exchequer 
 debentures, or any machinery for working any 
 threads into the substance of any paper, or 
 any such thread, and intended to imitate such 
 words, letters, figures, marks, lines, threads, or 
 devices, or any plate pecuUarly employed for 
 printing such exchequer bills, bonds, or deben- 
 tures, or any die or seal peculiarly used for 
 preparing any such plate, or for sealing such 
 exchequer bUls, bonds, or debentures, or any plate, 
 die, or seal intended to imitate any such plate, 
 die, or seal as aforesaid, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal ser- 
 vitude for any term not exceeding seven years 
 and not less than three years, or to be imprisoned 
 for any term not exceeding two years, with or 
 vrithout hard labour, and with or without soHtary 
 confinement. 
 
 10. Whosoever, without lawful authority or 
 excuse (the proof whereof shall lie on the party 
 
24 ^ 25 Vict. cap. 98. 143 
 
 accused), sliall make, or cause to procure to be imitation ot 
 made, or aid or assist in making any paper in the exchequer"' 
 substance of wHch. shall appear any words, letters, tills, &o. 
 figures, marks, Unes, threads, or other devices 
 peculiar to and appearing in the substance of any 
 paper provided or to be provided or used for such 
 excheq^uer bills, bonds or debentui'es, or any part 
 of such words, letters, figures, marks, lines, 
 threads, or other devices, and intended to imitate 
 the same, or shall knowingly have in his custody or 
 possession any paper whatsoever, in the substance 
 whereof shall appear anj' such words, letters, 
 figures, marks, lines, threads, or devices as afore- 
 said, or any parts of such words, letters, figures,- 
 marks, lines, threads, or other devices, and in- 
 tended to imitate the same, or shall cause or 
 assist m causing any such words, letters, figures, 
 marks, lines, threads, or devices as aforesaid, or 
 any part of such words, letters, figures, marks, lines, 
 threads, or other devices, and intended to imitate 
 the same, to appear in the substance of any paper 
 whatever, or shall take or assist in taking any 
 impression of any such plate, die, or seal as in 
 the last preceding section mentioned, shall be 
 guilty of felony, and being convicted thereof shall 
 be hable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 seven years and not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 11. Whosoever, without lawful authority or Having in 
 excuse (the proof whereof shall lie on the party ^aper™"" 
 accused), shall pm-chase or receive, or knowingly p!'"^^' °'' 
 have in his custody or possession, any paper used for 
 manufactured and provided by or under the ^fiig^*'' 
 directions of the Commissioners of Inland 
 Eevenue or Commissioners of Her Majesty's 
 Treasury, for the purpose of being used as 
 
 H 
 
bank note, 
 
 146 Forgery Act, 
 
 exchequer bills or exchequer bonds or exchequer 
 debentures, before such paper shall have been 
 duly stampeA, signed, and issued for public use, 
 or any such plate, die, or seal as in the last two 
 preceding sections mentioned, shall be guilty of a 
 misdemeanor, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 imprisoned for any term not exceeding three 
 years, with or without hard labour. 
 
 As to forging bank notes : 
 
 Forging^ 12. Whosoever shall forge or alter, or shall 
 ' - Qffg]-^ utter, dispose of, or put off, knowing the 
 
 same to be forged or altered, any note or bill of 
 exchange of the Governor and Company of the 
 Bank of England or of the Governor and Com- 
 pany of the Bank of Ireland, or of any other 
 body corporate, company, or person carrying on 
 the business of bankers, commonly called a bank 
 note, a bank bill of exchange, or a bank post bill, 
 or any indorsement on or assignment of any bank 
 note, bank bill of exchange, or bank post bill, 
 with intent to defraud, shall be guilty of felony, 
 and being convicted thereof shall be liable, at 
 the discretion of the court, to be kept in penal 
 servitude for life or for any term not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confine- 
 ment. 
 
 Purchasing 13. Whosoever, without lawful authority or 
 or ha°vto"^ excuse (the proof whereof shall lie on the party 
 forged bank accused), shall purchase or receive from any 
 other person, or have in his custody or possession, 
 any forged bank note, bank bill of exchange, or 
 bank post bUl, or blank bank note, blank bank 
 bill of exchange, or blank bank post bill, know- 
 ing the same to be forged, shall be guilty of 
 felony, and being convicted thereof shall be liable. 
 
24 ^- 25 Vict. cap. 98. 147 
 
 at the discretion of the court, to be kept in penal 
 servitude for any term not exceeding fourteen 
 years and not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 ■with or without hard labour. 
 
 As to maJdng and engraving plates, &c., for 
 bank notes, &c. : 
 
 14. Whosoever, without lawful authority or Making or 
 excuse (the proof whereof shall He on the party ^^^fM. 
 accused), shall make or use, or knowingly have making 
 in his custody or possession, any frame, mould, thl'word* 
 or instrument for the making of paper with the " Bank of 
 words "Bank of England" or "Bank of Ire- o°" Bank of 
 land," or amy part of such words intended to '"'^°'''." °J 
 resemble and pass for the same, visible in the tjar lines, 
 substance of the paper, or for the making of f "ifing gmjii 
 paper with curved or waving bar lines, or with paper, 
 the laying wire lines thereof in a waving or 
 curved shape, or with any number, sum, or 
 amount expressed in a word or words in Eoman 
 letters, visible in the substance of the paper, or 
 with any device or distinction peculiar to and 
 appearing in the substance of the paper used by 
 the Governor and Company of the Banks of 
 England and Ireland respectively for any notes, 
 bills of exchange, or bank post biUs of such 
 banks respectively, or shall make, use, sell, 
 expose to sale, utter, or dispose of, or know- 
 ingly have in Lis custody or possession, any 
 paper whatsoever with the words "Bank of 
 -England" or "Bank of Ireland," or any part of 
 such words intended to resemble and pass for the 
 same, visible in the substance of the paper, or 
 any paper with curved or waving bar lines, or 
 with the laying wire lines thereof in a waving or 
 curved shape, or with any number, sum, or 
 amount expressed in a word or words in Eoman 
 letters, appearing visible in the substance of the 
 paper, or with any device or distinction peculiar 
 h2 
 
148 Forgery Act, 
 
 to and appearing in tlie substance of the paper 
 used by tbe GoTemor and Company of the Banks 
 of England and Ireland respectively for any 
 notes, bills of exchange, or bank post biUs of 
 such banks respectively, or shall by any art or 
 contrivance cause the words " Bank of England," 
 or " Bank of Ireland," or any part of such words 
 intended to resemble and pass for the same, or 
 any device or distinction peculiar to and appear- 
 ing in the substance of the paper used by the 
 Governor and Company of the Banks of England 
 and Ireland respectively for any notes, bills of 
 exchange, or bank post bills of such banks respec- 
 tively, to appear visible in the substance of any 
 paper, or shall cause the numerical sum or 
 amount of any bank note, bank bill of exchange, 
 or bank post bill, blank bank note, blank bank 
 bill of exchange, or blank bank post bill, in a 
 word or words in Eoman letters, to appear visible 
 in the substance of the paper whereon the same 
 shall be written or printed, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at tjie discretion of the court, to be kept in penal 
 servitude for any term not exceeding fourteen 
 years and not less than three years-, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 Proviso as to 15. Nothing in the last preceding section con- 
 
 Fo°r'biiis'o? tained shall prevent any person from issuing any 
 
 exchange, biU of exchange or promissory note having the 
 
 *°' amount thereof expressed in guineas, or in a 
 
 numerical figure or figures denoting the amount 
 
 thereof in pounds sterling, appearing visible in 
 
 the substance of the paper upon which the same 
 
 shall be written or printed, nor shall prevent any 
 
 person from making, using, or seUing any paper 
 
 having waving or curved lines or any other 
 
 devices in the nature of watermarks visible in 
 
 the substance of the paper, not being bar lines 
 
24 ^ 25 Vict. cap. 98. 149 
 
 or laying wire lines, provided tlie same are not so 
 contrived as to form the ground work or texture 
 of the paper, or to resemble the waving or curved 
 laying wire lines or bar lines or the watermarks of 
 the paper used by the Governor and Company 
 of the Banks of England and Ireland respectively. 
 
 16.(') Whosoever, without lawful authority or Engraving 
 excuse (the proof whereof shall lie on the party aiy pii^, 
 accused), shall engrave or in anywise make upon *«•- for 
 any plate whatsoever, or upon any wood, stone, note8°o1 
 or other material, any promissory note, bill of E^"^ "' 
 exchange, or bank post bill, or part of a pro- Ireland, or 
 missory note, bill of exchange, or bank post bill w'^hlvtag'^^ 
 purporting to be a bank note, bank bill of ex- ^°^ pia>e, 
 , change, or bank post bill of the Governor and uttering or 
 Company of the Bank of England, or of the ^^J^^js^p^^ 
 Governor and Company of the Bank of Ireland, which a 
 or of any other body corporate, company or per- no^^sa:^^ 
 son carrying on the business of bankers, or to be ^i"?" ^^ 
 a blank bank note, blank promissory note, blank 
 bank bill of exchange, or blank bank post bill of 
 the Governor and Company of the Bank of Eng- 
 land, or of the Governor and Company o/ the 
 Bank of Ireland, or of any such other body cor- 
 porate, company, or person as aforesaid, or to be 
 a part of a bank note, promissory note, bank bill 
 of exchange or bank post biU of the Governor and 
 Oompa,ny of the Bank of England or of the 
 Governor and Company of the Bank of Ireland, 
 or of any such other body corporate, company, 
 or person as aforesaid, or any name, word, or 
 character resembling or apparently intended to 
 resemble any subscription to any bill of exchange 
 or promissory note issued by the Governor and 
 
 Q) Engramng plate of a Scotch bank note. — It is an offence 
 under sect. 16 to feloniously and without lawful excuse 
 engrave upon a plate in England a note of a bank in Scot- 
 land or in the colonies : (^Reg. v. Braokenridge arid another, 
 18 L. T. Eep. 369; Law Bep. 1 C. C. Res. I3a.) 
 
150 
 
 Forgery Act, 
 
 Engraving 
 on a plate, 
 &c., any 
 word, 
 number, or 
 device 
 resembling 
 part of a 
 "bank note 
 or bill, or 
 using or 
 
 Company of the Bank of England or the 
 Governor and Company of tlie Bank of Ireland, 
 or by any sucli ^other body corporate, company, 
 or person as aforesaid, or shall use any such plate, 
 wood, stone, or other material, or any other 
 instrument or device, for th^ making or printing 
 any bank note, bank bUl of exchange, or bank 
 post bill, or blank bank note, blank bank bill of 
 exchange, or blank bank post bill, or part of a 
 bank note, bank bill of exchange, or bank post 
 bill, or knowingly have in his custody or posses- 
 sion any such plate, wood, stone, or other 
 material, or any such instrument or device, or 
 shall knowingly offer, utter, dispose of, or put off, 
 or have in his custody or possession, any paper 
 upon which any blank bank note, blank bank 
 bill of exchange, or blank bank post bill of the 
 Governor and Company of the Bank of England 
 or of the Governor and Company of the Bank of 
 Ireland, or of any such other body corporate, com- 
 pany, or person as aforesaid, or part of a bank note, 
 bank bill of exchange, or bank post.bUl, or any 
 name, word, or character resembling or apparently 
 intended to resemble any such subscription, shall 
 be made or printed, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen years 
 and not less than three years, — or to be impri- 
 soned for any term not exceeding two years, with 
 or without hard labour, and with or without 
 solitary confinement. 
 
 17. Whosoever, without lawful authority or 
 excuse (the proof whereof shall lie on the party 
 accused), shall engrave or in anywise make 
 upon any plate whatsoever, or upon any wood, 
 stone, or other material, any word, number, 
 figure, device, character, or ornament the im- 
 pression taken from which shall resemble or ap- 
 
24 ^ 25 Vict. cap. 98. 151 
 
 parently be intended to resemble any part of a having any 
 bank note, bank bill of exchange, or bank post ^*o^''''°' 
 bill of tbe Governor and Company of tbe Bank uttering or 
 of England or of the Governor and Company of paper m"^ 
 the Bank of Ireland, or of any other body cor- '''''* "=? 
 
 ' *'.•', such word, 
 
 porate, company, or person carrymg on the &o., is 
 business of bankers, or shall use or knowingly '"P'^^^^'J- 
 have in his custody or possession, any such plate> 
 wood, stone, or other material, or any other 
 instrument or device for the impressing or making 
 upon any paper or other material any word, 
 number, figure, character, or ornament which 
 shall resemble, or apparently be intended to 
 resemble any part of a bank note, bank bill of 
 exchange, or bank post bUl of the Governor and 
 Company of the Bank of England or of the 
 Governor and Company of the Bank of Ireland, 
 or of any such other body corporate, company, 
 or person as aforesaid, or shall knowingly offer, 
 utter, dispose of, or put off, or have in his 
 custody or possession, any paper or other ma- 
 terial upon which there shall be an impression of 
 any such matter as aforesaid, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for any term not exceeding fourteen 
 years and not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 18. Whosoever, without lawful authority or Making or 
 excuse (the proof whereof shall lie on the party mo™d for 
 accused), shall make or use any frame, mould, making 
 or instrument for the manufacture of paper, with ftJname of 
 the name or firm of any body corporate, company, ^''y ^'^^^^' 
 or person carrying on the business of bankers or having 
 (other than and except the Banks of England and ™'='' p^p"''" 
 Ireland respectively), appearing visible in the 
 substance of the paper, or knowingly have in his 
 
152 Forgery Act, 
 
 custody or possession any such frame, mould, or 
 instrument, or make use, sell, expose to sale, utter, 
 or dispose of, or knowingly have in his custody or 
 possession, any paper in the substance of which 
 the name or firm of any such body corporate, 
 company, or person shall appear visible, or by 
 any art or contrivance cause the name or firm 
 of any such body corporate, company, or person 
 to appear visible in the substance of the paper 
 upon which the same shall be written or printed, 
 shall be guilty of felony, and being convicted 
 thereof shall be Hable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding fourteen years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
 Engraving 19-(') Whosoever, without lawful authority or 
 ?orefmi)ffls excuse (the proof whereof shall lie on the party 
 ornotes, or accused), shall engrave or in anywise make upon 
 having Buch ^^y plate whatsoever, or upon any wood, stone, or 
 plates, or other material, any bill of exchange, promissory 
 paper on note, undertaking, or order for payment of money, 
 
 part'of^MT o^ ^'^■1 P^"^^ °^ ^'ly ^J^ "^ exchange, promissory 
 such bill note, undertaking, or order for payment of money, 
 or not© iS'i, 1 .1 -L J 
 
 printed. m whatsoever language the same may be expressed, 
 
 and whether the same shall or shall not be or be ' 
 intended to be under seal, purporting to be the bill, 
 note, undertaking, or order or part of the bill, 
 note, undertaking, or order of any foreign prince 
 or state, or of any minister or officer in the service 
 of any foreign prince or state, or of any body cor- 
 
 (^ Photographic impi'esHon en glass. —The taking of a 
 "positive" impression of a note on glass by means of the 
 photographic process is a "making" of a note within the 
 meaning of this section, although the impression so taken 
 is evanescent, and although it cannot be printed or en- 
 graved from until it hag been converted into a "negative " : 
 {Reg. V. Sinaldi, Leigh & Cave, 330 ; 9 Cox Crim. Gas. 391 : 
 33 L. J. M. 0. ?8.) 
 
24 ^ 25 Viet. cap. 98. 153 
 
 porate or body of the like nature, constituted or 
 recognised by any foreign piince or state, or of 
 any person or company of persons, resident in any 
 country not under the dominion of Her Majesty, 
 or shall use, or knowingly have in his custody or 
 possession, any plate, stone, wood, or other material, 
 upon which any such foreign bill, note, undertak- 
 ing, or order, or any part thereof, shall be engraved 
 or made, or shall knowingly offer, utter, dispose of, 
 or put off, or have in his custody or possession, any 
 paper upon which any part of any such foreign 
 bill, note, undertaking, or order shall be made or 
 printed, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 tham three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without soHtary confine- 
 ment. 
 
 As to forging deeds, wills, bills, of ex- 
 change, &c. : 
 
 20. (^) Whosoever, with intent to defraud, shall Forging 
 forge or alter, or shall offer, utter, dispose of, or bondl', &c 
 put off, knowing the same to be forged or altered, 
 any deed, or any bond or writing obligatory, or 
 any assignment at law or in equity of any such 
 
 (') Deed — Ante-dating. — E. made an equitable deposit of 
 title-deeds with G. for 7301., and afterwards assigned all his 
 property to B. for the benefit of fais creditors. He and his 
 assignee B. then, for an additional advance, conveyed to 
 G. the freehold of the property to which the deeds so de- 
 pjsited related. After this, the prisoner R. executed a deed 
 of assignment to the other prisoner of a large part of the 
 land so con vey ed to G. for a long term of years, but this 
 deed was falsaly ante-dated before the conveyance by E. and 
 B. to Gr., and upon this deed the prisoners resisted G.'s title 
 to possession of this part of the land. Held, that this deed 
 so ante-dated for the purpose of defrauding G., amounted to 
 forgery : (Reg. v. Ritson and another, 21 L. T. Eep. 437 ; 
 29 L. J. M. C. 10.) 
 
 H 3 
 
154 Forgery Act, 
 
 bond or -writing obligatory, or stall forge any 
 name, handwriting, or signature purporting to be 
 the name, handwriting, or signature of a witness at- 
 testing the execution of any deed, bond, or writing 
 obligatory, or shall offer, utter, dispose of, or put 
 off any deed, bond, or writing obligatory, having 
 thereon any such forged name, handwriting, or 
 signature, knowing the same to be forged, shall 
 be guilty of felony, and being convicted thereof 
 shall be Uable, at the discretion of the court, to be 
 kept in penal servitude for life or for any term not 
 less than three years, — or to be imprisoned for 
 any term not exceeding two years, with or without 
 hard labour, and with or without soUtary confine- 
 ment. 
 
 Forging 21. Whosoever, with intent to defraud, shall 
 
 '""'■ forge or alter, or shall offer, utter, dispose of, or 
 
 put off, knowing the same to be forged or altered, 
 any will, testament, codicil, or testamentary in- 
 strument, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for life or 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 Forging 22. Whosoever shall forge or alter, or shall offer, 
 
 ejcchango oi-ntter, dispose of, or put off, knowing the same to 
 promissory ^jg forged or altered, any bill of exchange, or any 
 acceptance, indorsement, or assignment of any bill of 
 exchange, or any promissory note for the pajrment 
 of money, or any indorsement or assignment of any 
 such promissory note, with intent to defraud, shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to be 
 kept in penal servitude for life or for any term not 
 less than three years,— or to be imprisoned for any 
 term not exceeding two years, with or without hard 
 labour, and with or without solitary confinement. 
 
24 ^ 25 Vict. cap. 98. ' 155 
 
 23.('') Whosoever shall forge or alter, or shall Forging 
 offer, utter, dispose of, or put off, knowing the reodpts, Se- 
 same to be forged or altered, any undertaking, for money, 
 warrant, order, authority, or request for the pay- ^°° ^' 
 ment of money, or for the delivery or transfer of 
 any goods or chattels, or of any note, bill, or other 
 security for the pa3Tnent of money, or for procur- 
 ing or giving credit, or any indorsement on or as- 
 signment of any such undertaking, warrant, order, 
 authority, or request, or any accountable receipt, 
 acquittance, or receipt for money or for goods, or 
 for any note, bill, or other security for the pay- 
 
 (<) Guarantee. — Under this section it has been held that a 
 writtun proniiee in cousideratiou of his appointing B. his 
 agent, to guarantee A. against any loss he may incur by 
 B.'s negligence or dishonesty, is an undertaking for the 
 payment of money: (^Reg. v. Joyce, Leigh & Cave, 576; 
 10 Cox Crim. Cas. 100 ; 34 L. J. M. C. 168.) 
 
 A turnpike toll-gate ticket is a receipt for money within 
 this section: (Reg. v. Fitch, Leigh & Cave, 169; 9 Cox 
 Orim. Cas. 160; Seg. v. Sowley, 6 L. T. Eep. 256; 31 
 L. J. M. C. 146. 
 
 Ac^iitance— Receipt.— A document issued to members of 
 the Ancient Order of Foresters Friendly Society called a 
 "clearance," certified that the member had paid all his dues 
 and demands, and authorised any court of the order to 
 accept the bearer as a clearance member. Held, that this 
 was not tbe subject of forgery within the twenty-third sec- 
 tion as an acquittance or receipt: {Beg. v. Freneh, 21 L. T. 
 Eep. 727; 29 L.J. M. C. 58.) 
 
 Friendly society— Banker's passbook. — The prisoner was the 
 treasurer and also a member of an unenrolled friendly 
 society, and it was his duty to pay moneys received into 
 the society's bankers. The prisoner produced to the society 
 a fictitious book purporting to be the bank pass-book, con- 
 taining entries purporting to vouch that he paid certain 
 moneys into the bank, and that the bank acknowledged 
 the receipt of them, which book did not truly represent the 
 state of accounts. The prisoner having at various times 
 drawn out moueys which he had appropriated for his own 
 purposes, the jury found him guilty of presenting a false 
 account with intent to obtain credit for having paid the 
 moneys into the bank with a view to obtain other moneys 
 from the society which he might fraudulently appropriate 
 to his own use. Held, that the prisoner, though a member 
 of the society, might properly be convicted of uttering a 
 forged receipt with intent, &o. : (Reg v. Smith, 6 L. T. Kep. 
 300; 31L. J. M. C. 164.) 
 
156 Forgery Act, 
 
 ment of money, or any indorsement on or assign- 
 ment of any such accountable receipt, with intent, 
 in any of thfe cases aforesaid, to defraud, stall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 Any person 24. Whosoevsr, with intent to defraud, shall 
 ™°''''an°' draw, make, sign, accept, or indorse any bill of 
 any bill, exchange or promissory note, Or any undertaking, 
 proouvationf Warrant, order, authority, or request for the pay- 
 without ment of m.oney, or for the dehvery or trans- 
 authority, or fer of goods or chattels, or of any bill, note, 
 anv audi ""^ o^'-'^^r security for money, by procuration or 
 bill, note, otherwise, for, in the name, or on the account of any 
 or accepted^ Other person, without lawful authority or excuse, or 
 with intent shall offer, utter, dispose of, or put off any such bill, 
 to be guilty note, undertaking, warrant, order, authority, or re- 
 or felony, q^est so drawn, made, signed, accepted, or indorsed 
 by procuration or otherwise, without lawful autho- 
 rity or excuse, as aforesaid, knowing the same to 
 have been so drawn, made, signed, accepted, or 
 indorsed as aforesaid, shall be guilty of felony, and 
 being convicted thereof shall be liable, at the dis- 
 cretion of the court, to be kept in penal servitude 
 for any term not exceeding fourteen years and not 
 less than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 Obliterating 25. Whenever any cheque or draft on any 
 oliequer ""' banker shall be crossed with the name of a banker, 
 or with two transverse lines with the words "and 
 company," or any abbreviation thereof, whoso- 
 ever shall obliterate, add to, or alter any such 
 crossing, or shall offer, utter, dispose of, or put off 
 
24 ^ 25 Vict. cap. 98. 157 
 
 any cheque or draft whereon any such obliteration, 
 addition, or alteration has been made, knowing the 
 same to have been made, with intent, in any of 
 the cases aforesaid, to defraud, shall be guilty of 
 felony, and being convicted thereof shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for hfe, or for any term not less than 
 three years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 26. Whosoever shall fraudulently forge or alter, Forgiog 
 or shaU offer, utter, dispose of, or put off, knowing debentures, 
 the same to be forged or fraudulently altered, any 
 debenture issued under any lawful authority what- 
 soever, either within Her Majesty's dominions or 
 elsewhere, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 
 the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 As to forging records, process, instruments 
 of evidence, &c. : 
 
 27. Whosoever shall forge or fraudulently alter, Forging 
 
 or shaU offer, utter, dispose of, or put off, know- Pf^rte"" ' 
 ins the same to be forged or fraudulently altered, record or 
 
 , .. . ° , -', J courts of 
 
 any record, wnt, return, panel, process, rule, order, equity, 
 warrant, interrogatory, deposition, affidavit, affir- 
 mation, recognisance, cognovit actionem, or war- 
 rant of attorney, or any original document what- 
 soever of or belonging to any court of record, or 
 any bill, petition, process, notice, rule, answer, 
 pleading, interrogatory, deposition, affidavit, affir- 
 mation, report, order, or decree, or any original 
 document whatsoever of or belonging to any court 
 of equity or Court of Admiralty in England or 
 
158 Fwgery Act, 
 
 Ireland, or any document or writing, or any copy 
 of any document or writing, used or intended to be 
 used as evidence in any court in this section men- 
 tioned, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not ex- 
 ceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 Forging 28. Whosoever, being the clerk of any court, 
 
 00^68 or or other officer having the custody of the records 
 of records, of any court, or being the deputy of any such 
 courts not of '^^^^ or officer, shall utter any false copy or cer- 
 record, and tificate of any record, knowing the same to be 
 proMsa"'^^^ false ; and whosoever, other than such clerk, 
 officer, or deputy, shall sign or certify any copy or 
 certificate of any record as such clerk, officer, or 
 deputy ; and whosoever shall forge or fraudulently 
 alter, or offer, utter, dispose of, or put off; knowing 
 the same to be forged or fraudulently altered, any 
 copy or certificate of any record, or shall offer, 
 utter, dispose of, or put off any copy or certificate 
 of any record having thereon any false or forged 
 name, handwriting, or signature, knowing the 
 same to be false or forged ; and whosoever shall 
 forge the seal of any court of record, or shall 
 forge or fraudulently alter any process of any court 
 other than such courts as in the last preceding 
 section mentioned, or shall serve or enforce any 
 -forged process of any court whatsoever, knowing 
 the same to be forged, or shall deliver or cause to 
 be delivered to any person any paper falsely pur- 
 porting to be any such process, or a copy thereof, 
 or to be any judgment, decree or order of any 
 -court of law or equity, or a copy thereof, knowing 
 the same to be false, or shall act or profess to act 
 under any such false process, knowing the same to 
 be false, shall be guilty of felony, and being con- 
 
24 4- 5fa Vict. cap. 98. 159 
 
 victed thereof, shall he Kable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 29. Whosoever shaU forge or fraudulently alter, ForgiDg 
 
 or shall offer, utter, dispose of, or put off, knowing instruments 
 the same to be forged or fraudulently altered, any dence by 
 iastrument, whether written or printed, or partly parifament. 
 written and partly printed, which is or shall be 
 made evidence by any act passed or to be passed, 
 and for which offence no punishment is herein 
 provided, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 As to forging coui-t rolls : 
 
 30. Whosoever shall forge or alter, or shall Forging 
 offer, utter, dispose of, or put off, knowing the ''°""'' '■°"^' 
 same to be forged or altered, any court roll, or 
 
 copy of any court roll, relating to any copyhold or 
 customary estate, with intent to defraud, shall be 
 guilty of felony,' and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and vrith or without solitary confine- 
 ment. 
 
 As to forging registers of deeds : 
 
 31. Whosoever shall forge or fraudulently alter. Forgery as 
 or shall offer, utter, dispose of, or put off, knowing J°p^®^ g, 
 the same to be forged or fraudulently altered, any deeds, 
 memorial, affidavit, affirmation, entry, certificate, 
 
160 Forgery Act, 
 
 indorsemenf, document, or writing, made or issued 
 under the provisions of any act passed or hereafter 
 to be passed for or relating to the registry of deeds, 
 or shall forge or counterfeit the seal of or belong- 
 ing to any office for the registry of deeds, or any 
 stamp or impression of any such seal ; or shall 
 forge any name, handwriting, or signature pur- 
 porting to be the name, handwriting, or signatui-e 
 of any person to any such memorial, affidavit, 
 affirmation, entry, certificate, indorsement, docu- 
 ment, or writing which shall be required or 
 directed to be signed by or by virtue of any act 
 passed or to be passed, or shall offer, utter, dis- 
 pose of, or put off any such memorial or other 
 writing as in this section before mentioned, having 
 thereon any such forged stamp or impression of 
 any such seal, or any such forged name, hand- 
 vmting, or signature, knowing, the same to be 
 forged, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 As to forging orders, &c., of justices of the 
 peace : 
 
 Forging 32. Whosoever, with intent to defraud, shall 
 
 iu8ttces°'re- forge or alter, or shall offer, utter, dispose of, or 
 cognisances, put off, knowing the same to be forged or altered, 
 &o. any summons, conviction, order, or warrant oi any 
 
 justice of the peace, or any recognisance pur- 
 porting to have been entered into before any 
 justice of the peace, or other officer authorised to 
 take the same, or any examination, deposition, 
 affidavit, affirmation, or solemn declaration, taken 
 or made before any justice of the peace, shall be 
 guilty of felony, and being convicted thereof shall 
 
• 24 ^ 25 Vict. cap. 98. 161 
 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for the term of three years, — 
 or to be imprisoned for any term not exceeding 
 two years, with or "without hard labour, and with 
 or without solitary confinement. 
 
 As to forging the name of the Accountant 
 General, &c. : 
 
 33. Whosoever, with intent to defraud, shall Forging 
 forge or alter any certificate, report, entry, in- J*™ "^^.^t 
 dorsement, declaration of trust, note, direction, General, &c., 
 authority, instrument or writing made or purport- chancery in 
 ing or appearing to be made by the Accountant frefand^or 
 General, or any other officer of the Court of of anyg'udge 
 Chancery in England or Ireland, or by any judge Landlid 
 
 or officer of the Landed Estates Court in Ireland, Estates 
 or by any officer of any court ia England or Ireland. 
 Ireland, or by any cashier or other officer or clerk 
 of the Governor and Company of the Bank of 
 England or Ireland, or the name, handwriting, or 
 signature of any such Accountant General, judge, 
 cashier, officer, or clerk as aforesaid, or shall offer,, 
 utter, dispose of, or put off any such certificate, 
 report, entry, indorsement, declaration of trust,, 
 note, direction, authority, instrument, or writing, 
 knowing the same to be forged or altered, shaU be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for any term not exceeding 
 fourteen years and not less than three years, — or 
 to be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 As to falsely acknowledging recognisances, 
 &o. : 
 
 34. Whosoever, vrithout lawful authority or ^5'^?°";^. 
 excuse (the proof whereof shall lie on the party oogniaance, ; 
 accused), shall, in the name of any other person, *„*^!;_'2^;_ ;„ 
 acknowledge any recognisance or bail, or any the name of 
 
162 
 
 Forgery Act, 
 
 Forging or 
 uttering 
 xnarrifl-ge 
 licence or 
 certiilcato. 
 
 Forging 
 
 registers of 
 
 girths, 
 
 baptisms, 
 
 mamages, 
 
 deaths, or 
 
 burials. 
 
 cognovit actionem, or judgment, or any deed or 
 other instrument, before any court, judge, or 
 other person lawfully authorised in that behalf, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not ex- 
 ceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 As to forging marriage Ucenoes : 
 
 35. Whosoever shall forge or fraudulently alter 
 any licence of or certificate for marriage, or shall 
 offer, utter, dispose of, or put off any such licence 
 or certificate, knowing the same to be forged or 
 fraudulently altered, shall be guUty of felony, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding seven years and 
 not less than three years, — or to be imprisoned for 
 any term not exceeding two, years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 As to forging registers of births, marriages, 
 and deaths : 
 
 36. Whosoever shall unlawfully destroy, deface, 
 or injure, or cause or permit to be destroyed, 
 defaced, or injured, any register of births, bap- 
 tisms, marriages, deaths, or burials which now is 
 or hereafter shall be by law authorised or required 
 to be kept in England or Ireland, or any part of 
 any such register, or any certified copy of any such 
 register, or any part thereof, or shall forge or 
 fraudulently alter in any such register any entry 
 relating to any birth, baptism, marriage, death or 
 burial, or any part of any such register, or any certi- 
 fied copy of such register, or of any part thereof, or 
 shall knowingly and unlawfully insert or cause or 
 
24 4- 25 Vict. cap. 98. 163 
 
 permit to be inserted in any such register, or in 
 any certified copy thereof, any false entry of any 
 matter relating to any birth, baptism, marriage, 
 death or burial, or shall knowingly and unlawfully 
 give any false certificate relating to' any birth, 
 baptism, marriage, death or burial, or shall certify 
 any writing to be a copy or extract from any such 
 register, knowing such writing, or the part of such 
 register whereof such copy or extract shall be so 
 given, to be false in any material particular, or 
 shall forge or counterfeit the seal of or belonging 
 to any register office or burial board, or shall offer, 
 utter, dispose of, or put off any such register, entry, 
 certified copy, certificate, or seal, knowing the 
 same to be false, forged, or altered, or shall offer, 
 utter, dispose of, or put off any copy of any entry 
 in any such register, knowing such entry to be 
 false, forged, or altered, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for life or for any term not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement 
 
 37. Whosoever shall knowingly and wilfully Makins 
 insert or cause or permit to be inserted in any [^ 0™^^™" 
 copy of any register directed or required by law register sent 
 to be transmitted to any registrar or other officer "^^^ '"' 
 any false entry of any matter relating to any 
 baptism, marriage, or burial or shall forge or alter, 
 or shall offer, utter, dispose of, or put off, knowing 
 the same to be forged or altered, any copy of any 
 register so directed or required to be transmitted 
 as aforesaid, or shall knowingly and wilfully sign 
 or verify any copy of any register so directed or 
 required to be transmitted as aforesaid, which 
 copy shall be false in any part thereof, knowing 
 the same to be false, or shall unlawfully destroy, 
 deface, or injure, or shall for any fraudulent pur- 
 
164 Forgery Act, 
 
 pose take from its place of deposit, or conceal, any 
 such copy of any register, shall be guilty of felony, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for life, or for any term not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 As to demanding property upon forged in- 
 struments : 
 
 Demanding 38. Whosoever, with intent to defraud, shall 
 upon^forged demand, receive, or obtain, or cause or procure to 
 instruments, ^e delivered or paid to any person, or endeavour 
 to receive or obtain, or to cause or procure to be 
 delivered or paid to any person, any chattel, money, 
 security for money, or other property whatsoever, 
 under, upon, or by virtue of any forged or altered 
 instrument whatsoever, knowing the same to be 
 forged or altered, or under, upon, or by virtue of 
 any probate or letters of admistration, knowing 
 the will, testament, codicil, or testamentary 
 writing on which such probate or letters of ad- 
 ministration shall have been obtained to have 
 been forged or altered, or knowing such probate 
 or letters of administration to have been obtained 
 by any false oath, affirmation, or affidavit, shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the com-t, to 
 be kept in penal servitude for any term not ex- 
 ceeding fourteen years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 As to other matters : 
 
 Forging any 39. Where by this or by any other act any 
 howe"v"r'' person is or shall hereafter be made liable to 
 designated, punishment for forging or alterine, or for offerins, 
 which is in ^,, . ,. ■ r j.i- «. , • ,, 
 
 law a will, uttermg, disposmg ot, or puttmg off, knowmg the 
 
24 4- 25 Vict. cap. 98. 165 
 
 same to be forged or altered, any instrament or wii of ex- 
 writing designated in sucli act by any special "'^^''se. *". 
 name or description and such instrument or writing, 
 however designated, shall be in law a will, testa- 
 ment, codicil, or testamentary writing, or a deed, 
 bond, or writing obligatory, or a bill of exchange, 
 or a promissory note for the payment of money, 
 or an indorsement on or assignment of a bill of 
 exchange or promissory note for the payment of 
 money, or an acceptance of a bill of exchange, or 
 an undertaking, warrant, order, authority, or 
 request for the payment of money, or an in- 
 dorsement on or assignment of an undertaking, 
 warrant, order, authority, or request for the pay- 
 ment of money, within the true intent and 
 meaning of this act, in every such case the person 
 forging or altering such instrument or writing, or 
 offering, uttering, disposing of, or putting off 
 such instrument or writing, knowing the same to 
 be forged or altered, may be indicted as an offender 
 against this act, and punished accordingly. 
 
 40. Where the forging or altering any writing, Forging, &c., 
 or matter whatsoever, or the offering, uttering, J," J-efana*^ 
 disposing of, or putting off any writing or matter dooumenta 
 whatsoever, knowing the same to be forged or t'o'be°made, 
 altered, is in this act expressed to be an offence, <"■ actually 
 if any person shall, in England or Ireland, foi-ge England and 
 or alter, or offer, utter, dispose of, or put off, Yorg^, &c., 
 knowing the same to be forged or altered, any in England 
 
 , °.,. i, • 1 i_ 1 or Ireland 
 
 such wntmg or matter m whatsoever place or ^ng of ex- 
 country out of England and Ireland, whether °„™^f;i*°'' 
 under the dominion of Her Majesty or not, such to be pay- 
 writing or matter may purport to be made or may Engiandm- 
 have been made, and in whatever language the Ireland 
 same or any part thereof may be expressed, every 
 such person, and every person aiding, abetting, or 
 counselling such person, shall be deemed to be an 
 offender within the meaning of this act, and shall 
 be punishable thereby in the same manner as if 
 
166 Forgery Act, 
 
 tlie writing or matter had purported to be made 
 or had been made in England or Ireland : and if 
 any person shall in England or Ireland forge or 
 alter, or offer, utter, dispose of or put off, know- 
 ing the same to be forged or altered, any bill of 
 exchange, or any promissory note for the payment 
 of money, or any indorsement on or assignment of 
 any bill of exchange or promissory note for the 
 pa3rment of money, or any acceptance of any 
 bill of exchange, or any undertaking, warrant, 
 order, authority, or request for the payment of 
 money, or for the delivery or transfer of any 
 goods or security, or any deed, bond, or writing 
 obligatory for the payment of money (whether 
 such deed, bond, or writing obligatory shall be 
 made only for the payment of money, or for 
 the payment of money together with some other 
 purpose), or any indorsem.ent on or assignment of 
 any such undertaking, warrant, order, authority, 
 request, deed, bond, or writing obligatory in what- 
 soever place or country out of England and 
 Ireland, whether under the dominion of Her 
 Majesty or not, the money payable or secured by 
 such bill, note, undertaking, warrant, order, au- 
 thority, request, deed, bond, or writing obligatory 
 may be or may purport to be payable, and in 
 whatever language the same respectively or any 
 part thereof may be expressed, and whether • such 
 bill, note, undertaking, warrant, order, authority, 
 or request be or be not under seal, every such per- 
 son, and every person aiding, abetting, or counsel- 
 ling such person, shall be deemed to be an offender 
 within the meaning of this act, and shall be 
 punishable thereby in the same manner as if the 
 money had been payable or had purported to be 
 payable in England or Ireland. 
 
 Forgers, &c., 41. If any person shall commit any offence 
 in'the ^ '™'' against this act, or shall commit any offence of 
 couuiy forging or altering any matter whatsoever, or of' 
 
24 4- 25 Vict. cap. 98. 167 
 
 offering, uttering, disposing of, or putting off any where they 
 matter whatsoever, knowing the same to be forged S^aedOT 
 or altered, whether the offence in any such case "® '° 
 shall be indictable at common law, or by virtue of 
 any act passed or to be passed, every such offender 
 may be dealt with, indicted, tried, and punished, 
 in any county or place in which he shall be appre- 
 hended or be in custody, in the same manner in 
 all respects as it his offence had been actually 
 committed in that county or place ; and every 
 accessory before or after the fact to any such 
 offence, if the same be a felony, and every person 
 aiding, abetting, or counselling the commission of 
 any such offence, if the same be a misdemeanor, 
 may be dealt with, indicted, tried, and punished, in 
 any county or place in which he shall be appre- 
 hended or be in custody, in the same manner in 
 all respects as if his offence, and the offence of 
 his principal, had been actually committed in such 
 county or place. 
 
 42. In any indictment for forging, altering. Description 
 offering, uttering, disposing, or putting off any ^J°f ™" 
 instrument it shall be sufficient to describe such indictments 
 instrument by any name or designation by which '" '""'Bory- 
 the same may be usually known, or by the purport 
 thereof, without setting out any copy or fac-simile 
 thereof, or otherwise describing the same or the 
 
 value thereof. 
 
 43. In any indictment for engraving or making Description 
 the whole or any part of any instrument, naatter, me'Dt^i™' 
 or thing whatsoever, or for usincr or having the indictments 
 
 1 p 1 ,1 • r 1 ? forengrav- 
 
 uniawiul custody or possession ot any plate or jng, &c. 
 other material upon which the whole or any part 
 of any instrument, matter, or thing whatsoever 
 shall have been engraved or made, or for having 
 the unlawful custody or possession of any paper 
 upon which the whole or any part of any instru- 
 ment, matter, or thing whatsoever shall have been 
 made or printed, it shall be sufficient to describe 
 
168 
 
 Forgery Act, 
 
 Intent to 
 
 defraud 
 
 particular 
 
 persons 
 
 ueed not be 
 
 alleged or 
 
 proved. 
 
 suoli instrument, matter, or thing by any name or 
 designation by whicli the same may be usually 
 known, without setting out any copy or fac-simile 
 of the whole or any part of such instrument, 
 matter or thing. 
 
 44. It shall be sufficient, in any indictment for 
 forging, altering, uttering, offering, disposing of, 
 or putting off any instrument whatsoever, where 
 it shall be necessary to allege an intent to defraud, 
 to allege that the party accused did the act with 
 intent to defraud, without alleging an intent to 
 defraud any particular person ; and on the trial 
 of any such offence it shall not be necessary to 
 prove an intent to defraud any particular person, 
 but it shall be sufficient to prove that the party 
 accused did the act charged with an intent to 
 defraud. 
 
 45. Where the having any matter in the 
 custody or possession of any person is in this act 
 expressed to be an offence, if any person shall 
 have any such matter in his personal custody or 
 possession, or shall knowingly and wilfully have 
 any such matter in the actual custody or posses- 
 sion of any other person, or shall knowingly and 
 wilfully have any such matter in any dwelling 
 house or other building, lodging, apartment, field, 
 or other place, open or inclosed, whether belonging 
 to or occupied by himself or not, and whether 
 such matter shall be so had for his own use or for 
 the use or benefit of another, every such person 
 shall be deemed and taken to have such matter in 
 his custody or possession within the" meaning of 
 this act. 
 
 Search for 46. If it shall be made to appear, by informa- 
 ISpt'mentB tio"! 0° "^^^ °^ affirmation before a justice of the 
 employed in peace, that there is reasonable cause to believe 
 and fov^"^' that any person has in his custody or possession, 
 insfmnents ^i*!^'"-^* lawful authority or excuse, any note or 
 
 Interpreta- 
 tion as to 
 criminal 
 possession. 
 
24 4- 25 Vict. cap.M. 169 
 
 bill of tte Governor and Company of the Bank 
 of England or Ireland, or of any body corporate, 
 company, or person carrying on the business of 
 bankers, or any frame, mould, or implement for 
 making paper in imitation of tbe paper used for 
 suob. notes or biUs, or any such paper, or any 
 plate, wood, stone, or other material having 
 thereon any words, forms, devices, or characters 
 capable of producing or intended to produce the 
 impression of any such note or bill, or any part 
 thereof, or any tool, implement, or material used 
 or employed or intended to be used or employed 
 in or about any of the operations aforesaid, or any 
 forged security, document, or instrument what- 
 soever, or any machinery, frame, mould, plate, 
 die, seal, paper, or other matter or thing used or 
 employed or intended to be used or employed in 
 the forgery of any security, document, or instru- 
 ment whatsoever, such justice may, if he think 
 fit, graAt a warrant to search for the same ; and 
 if the same shall be found upon such search, it 
 shall be lawful to seize and carry the same before 
 some justice of the county or place, to be by him 
 disposed of according to law ; and all such matters 
 and things so seized as aforesaid shall by order of 
 the court where any such offender shall be tried, 
 or in case there shall be no such trial then by 
 order of some justice of the peace, be defaced and 
 destroyed or otherwise disposed of, as such court 
 or justice shaL. direct. 
 
 47. Whosoever shall, after the commencement other 
 of this act, be convicted of any offence which ^J^J'gnb- 
 shall have been subjected by any act or acts to the Btituted for 
 
 J 1,- . J !_ j.1. those ot the 
 
 same pams and penalties as are imposed by the 5 euz. 0. 14, 
 
 act passed in the fifth year of the reign of Queen which have 
 
 Ehzabeth, intituled " An Act against Forgeries ted in other 
 
 of False Deeds and Writings," for any of the "''^• 
 
 offenees first enumerated in the said act, shall 
 
 be guilty of felony, and shall, in Ueu of such 
 
i70 Forgery Act, 
 
 pains and penalties, be liable, at tbe discretion of 
 the court, to be kept in penal servitude for anj 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 All forgeries 48. Where by any act now in force any person 
 ca^iSi^°™ falsely making, forging, counterfeiting, erasing, 
 before the or altering any matter whatsoever, or uttering, 
 66, and are publishing, offering, disposing of, putting away, 
 Si8e°mSsh- ""^ making use of amy matter whatsoever, knowing 
 able under the same to have been falsely made, forged^ 
 Bhaifbeptm- counterfeited, erased, or altered, oj any person 
 iBhedwith demanding or endeavouring to receive or have 
 
 penal servi- ,i-°,j j.i.j t 
 
 tude for life, any thing, or to do or cause to be done any act, 
 
 *"■ upon or by virtue of any matter whatsoever 
 
 knowing such matter to have been falsely made, 
 forged, counterfeited, erased, or altered, would, 
 according to the provisions contained in any such 
 act, be guilty of felony, and would, before the 
 passing of the act of the first year of King 
 WiUiam the Fourth, chapter sixty-six, have been 
 liable to suffer death as a felon ; or where by 
 any act now in force any person falsely per- 
 sonating another, or falsely acknowledging any- 
 thing in the name of another, or falsely repre- 
 senting any other person than the real party, 
 to be such real party, or wilfully making a 
 false entry in any book, account, or document or 
 in any manner wilfully falsifying any part of 
 any book, account, or document, or VTilfully 
 making a transfer of any stock, annuity, or 
 fund in the name of any person not being the 
 owner thereof, or knovringly taking any false 
 oath, or knowingly making any false aflSdavit 
 or false afBrmation, or demanding or receiving 
 any money or other thing by virtue of any pro- 
 bate or letters of administration, knowing the 
 
24 ^ 25 Vict. cap. 98. 171 
 
 will on which such probate shall have been 
 obtained to have been false or forged, or knowing 
 such probate or letters of administration to have 
 been obtained by means of any false oath or 
 false affirmation, would, according to the pro- 
 visions contained in any such act, be guilty of 
 felony, and would before the passing of the said 
 act of the first year of King William the Fourth 
 have been liable to suffer death as a felon ; or 
 where by any act now in force any person 
 making or using, or knowingly having in his 
 custody or possession, any frame, mould, or in- 
 strument for the making of paper, with certain 
 words visible in the substance thereof, or any 
 person making such paper, or causing certain 
 words to appear visible in the substance of any 
 paper, would, according to the provisions con- 
 tained in any such act, be guilty of felony, and 
 would before the passing of the said act of the 
 first year of King WUliam the Fourth have been 
 liable to suffer death as a felon ; then, and in 
 each of the several oases aforesaid, if any person 
 shall after the commencement of this act be 
 convicted of any such felony as is hereinbefore 
 in this section mentioned, or of aiding, abetting, 
 counselling, or procuring the commission thereof, 
 and the same shall not be punishable under any 
 •of the other provisions of this act, every such 
 person shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life, or for 
 any term not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 49. In the case of every felony punishable Principals in 
 under this act, every principal in the second degree Md 
 degree, and every accessory before the fact, shall acoeBsoriea. 
 be punishable in the same manner as the principal 
 in the first degree is by this act pmiishable ; and 
 I 2 
 
172 
 
 Forgery Act, 
 
 misdemea- 
 nors. 
 
 Offences 
 committed 
 -wititlin ttie 
 
 every accessory after the fact to any felony 
 punishable under this act shall on conviction be 
 liable, at the. discretion of the court, to be im- 
 prisoned for any term not exceeding two years, 
 with or Vfithout hard labour, and with or without 
 Abettors in solitary confinement ; and every person who shall 
 ' aid, abet, counsel, or procure the commission of 
 
 any misdemeanor pimishable under this act shall 
 be liable to be proceeded against, indicted, and 
 punished as a principal offender. 
 
 50. All indictable offences mentioned in this 
 act which shall be committed within the jurisdic- 
 
 j'urisdiction tion of the Admiralty of England or Ireland shall 
 Admiralty. ^^ deemed to be offences of the same nature, and 
 liable to the same punishments, as if they had 
 been committed upon the land in England or 
 Ireland, and may be dealt with, inquired of, tried, 
 and determined in any county or place in England 
 or Ireland in which the offender shall be appre- 
 hended or be in custody, in the same manner in 
 all respects as if they had been actually com- 
 mitted in that county or place ; and in any in- 
 dictment for any such offence, or for being an 
 accessory to such an offence, the venue in the 
 margin shall be the same as if the offence had 
 been committed in such county or place, and the 
 offence shall be averred to have been committed 
 on "the high seas;" provided, that nothing 
 herein contained shall alter or affect any of the 
 laws relating to the Government of Her Majesty's 
 land or naval forces. 
 
 51. Whenever any person shall be convicted of 
 a misdemeanor under this act it shall be lawful 
 for the court, if it shall think fit, in addition to 
 or in lieu of any of the punishments by this act 
 authorised, to fine the offender, and to require 
 him to enter into his own recognisances, and to 
 find sureties, both or either, for keeping tlae peace 
 and being of good behaviour ; and in aU cases of 
 
 Fine and 
 sureties for 
 keeping the 
 peace; in 
 what cases. 
 
24.^25 Viat. cap. 98. 173 
 
 felonies in this act mentioned it shall be lawful 
 for the court, if it shall thipk &i, to require the 
 offender to enter into his own recognisances, and 
 to find sureties, both' or either, for keeping the 
 peace, in addition to any of the punishments by 
 this act authorised ; provided that no person shall 
 be imprisoned under this clause for not finding 
 sureties for any period exceeding one year. 
 
 52. Whenever imprisonment, with or without Hard labour 
 hard labour, may be awarded , for any offence 
 under this act; the court may sentence the offender 
 to be injprisoned, or to be imprisoned and kept to 
 hard labour, in the common gaol or house of 
 correction. 
 
 53.. Whenever solitary confinement may be Soutary 
 awarded for any offence under this act, the court 
 may direct the offender to be kept in solitary 
 confinement for any portion or portions of his 
 imprisonment, or of his imprisonment with hard , 
 labour, not exceeding one month at any one 
 time, and not, exceeding three months in any one 
 year.- 
 
 54. The court before which any indictable The costs of 
 
 misdemeanor against this act shall be prosecuted tion^™miB-" 
 
 or tried, may allow the costs of the prosecution in denaeanor 
 , , J _ J. J! 1 J against this 
 
 the same manner as m cases or felony ; and every act may be 
 
 order for the pa3rment of such costs shall be »i''"'«''- 
 
 made out, and the sum of money mentioned 
 
 therein paid and repaid, upon the same terms and 
 
 in the same manner in all respects as in cases of 
 
 ■ felony. 
 
 55. Nothing in this act contained shall extend Act not to 
 to Scotland, except as otherwise hereinbefore |eot?ana° 
 expressly provided. 
 
 56. This act shall commence and take effect Oommenoe- 
 on the first day of November one thousand eight 
 hundred and sixty one. 
 
174 
 
 VI. 
 
 COINAGE OFFENCES ACT. 
 
 24 & 25 ViOT. CAP. 99. 
 
 An Act to consolidate and amend the Statute Law 
 of the United Kingdom against Offences relating 
 to the Coin. — [6th August, 1861.] 
 
 Whebeas it is expedient to consolidate and 
 amend the statute law of tlie United Kingdom 
 against offences relating to tte coin : Be it there- 
 fore enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent 
 of the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 interpreta- 1. In the interpretation of and for the purposes 
 "™''"°™' of tHs act, the expression "the Queen's current 
 Cuirentgold gold or silver coin " shall include any gold or 
 *°?*''™'' silver coin coined in any of Her Majesty's 
 mints, or lawfully current, by virtue of any pro- 
 clamation or otherwise, in any part of Her 
 Majesty's dominions, whether withiu the United 
 Kingdom or otherwise ; and the expression " the 
 Copper coin. Queen's copper coin " shall include any copper 
 coin and any coin of bronze or mixed metal 
 coined in any cf Her Majesty's mints, or law- 
 fully current, by virtue of any proclamation or 
 otherwise, in any part of Her Majesty's said 
 False or dominions ; and the expression " false or counter- 
 oom'^''^*' feit coin resembling or apparently intended to 
 resemble or pass for any of the Queen's current 
 gold or sUver coin " shall include any of the 
 
24 ^ 25 Vict. cap. 99. 175 
 
 current coin wlxich shall have been gilt, silvered, 
 washed, coloured, or cased over, or in any manner 
 altered, so as to resemble or be apparently in- 
 tended to resemble or pass for any of the Queen's 
 current coin of a higher denomination; and the 
 expression "the Queen's current coin" shall Current coin 
 imelude any coin coined in any of Her Maijesty's 
 mints, or lawfully current, by virtue of any 
 proclamation or otherwise, in any part of Her 
 Majesty's said dominions, and whether made of 
 gold, silver, copper, bronze, or mixed metal; and 
 where the having any matter in the custody or What shall 
 possession of any person is mentioned in this act, afon.°^^'°' 
 it shall include not only the having of it by 
 himself in his personal custody or possession, but 
 also the knowingly and wilfully having it in the 
 actual custody or possession of any other person, 
 and also the knowingly and wilfully having it in 
 any dwelling house or other building, lodging, 
 apartment, field, or other place, open or inclosed, 
 whether belonging to or occupied by himself or 
 not, and whether such matter shall be so had for 
 his own use or benefit or for that of any other 
 person. 
 
 2. Whosoever shall falsely make or counterfeit oounterfeit- 
 any coin resembUng or apparently intended to ''oAmer''^^ 
 resemble or pass for any of the Queen's current coin, 
 gold or silver coin, shall, in England and Ireland, 
 
 be guilty of felony, and in Scotland of a high 
 crime and offence, and, being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for life or for apy 
 term not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 3. Whosoever shall gild or silver, or shall, Colouring 
 with any wash or materials capable of producing oota o?any 
 the colour or appearance of gold or of silver, or by p'^o^b of 
 
176 Coinage Offences Act, 
 
 metal with any means whatsoever, waslij case over, or colour 
 
 SS'ethem ^'^7 oom whatsoever resembling or apparently 
 
 pass for gold intended to resemble or pass for any of the 
 
 ooiD."' Queen's current gold or silver coin ; or shall gild 
 
 or silver, or shall, with any wash or materials 
 
 capable of producing the colour or appearance 
 
 of gold or of silver, or by any m.eans whatsoever, 
 
 wash, case over, or colour any piece of silver or 
 
 copper, or of coarse gold or coarse silver, or of 
 
 any metal or mixture of metals respectively, 
 
 being of a fit size and figure to be coined, and 
 
 with intent that the same shaU be coined into 
 
 false and counterfeit coin resembling or apparently 
 
 intended to resemble or pass for any of the 
 
 Colouring or Queen's current gold or silver coin ; or shall gUd, 
 
 genSne *"' shall, with any wash or materials capable 
 
 coin with of producing the colour or appearance of gold, or 
 
 intent to , -^ " , , -^^ i o - 
 
 make it pass by any means whatsoever, wash, case over, or 
 ter 9, higher colour any of the Queen's current silver coin, or 
 file or in any manner alter such coin, with intent 
 to make the same resemble or pass for any of the 
 Queen's current gold coin ; or shall gild, or silver, 
 or shall, with any wash or materials capable of 
 producing the colour or appearance of gold or 
 silver, or by any means whatsoever, wash, case 
 over, or colour any of the Queen's current copper 
 coin, or file or in any manner alter such coin, 
 with intent to make the same resemble or pass 
 for any of the Queen's current gold or silver coin, 
 shall, in England and Ireland, be guilty of felony, 
 and in Scotland of a high crime and offence, and 
 being convicted thereof, shall be liable, at the 
 discretion of the court, to be kept in penal 
 servitude for life or for any term not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without soKtary confinement. 
 
 Impairing 4. Whosoever shaU impair, diminish, or lighten 
 tiiegoidor j^jjy ^f ^^ Queen's current gold or silver coin. 
 
24 c} 25 Vict. cap. 99. 177 
 
 with intefit that the jsoin so impaired, diminished, eUvsr coin 
 or lightened may pass for the Queen's current ^"^ '°'°'" 
 gold or silver coin, shall, in England. and Ireland, 
 be guilty of felony, and in Scotland of a high 
 crime and offence, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not 
 exceeding fourteen years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 ■ 5. Whosoever shall unlawfully have in his cus- Unlawful 
 tody or possession (') any filings or clippings, or any oJ'^gaor 
 gold or silver bullion, or any gold or silver in dust, oUppings of 
 solution, or otherwise, which shall have been iiTOr'ooia 
 produced or obtained by impairing, diminishing, 
 or lightening any of the Queen's current gold or 
 silver coin, knowing the same to have been so 
 produced or obtaiiied, shall, in England and 
 Ireland, be guilty of felony, and in Scotland of a 
 high crime and offence, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without soKtary confinement. 
 
 6. Whosoever, without lawful authority or excuse Buying or 
 (the proof whereof shall lie on the party accused), oouSlrte?t' 
 shall buy, seU, receive, pay, or put off, or offer to sM or 
 buy, sell, receive, pay, or put off, any false or coun- for lower 
 terfeit coin resembling or apparently intended to re- ^teaenJmta- 
 semble or pass for any of the Queen's current gold atjon. 
 or silver coin at or for a lower rate or value than 
 the same imports or was apparently intended to 
 import, shall, in England and Ireland, be guilty of 
 
 (') As to the meaning of the expression "custody or 
 possession," see the interpretation clause (sect. 1, ante). 
 
178 Coinage Offences Act, 
 
 felony, and in Scotland of a high crime and offence, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for life or for any term not less than three 
 years, — or to be imprisoned for any term not ex- 
 ceeding two years, with or vrithout hard labour, 
 and vnth or without solitary confinement ; and in 
 any indictment for any such offence as in this 
 section aforesaid it shall be sufficient to allege 
 that the party accused did buy, sell, receive, pay, 
 or put off, or did offer to buy, sell, receive, pay, or 
 put off, the false or counterfeit coin at or for a 
 lower rate of value than the same imports or was 
 apparently intended to import, without alleging at 
 or for what rate, price, or value the same was 
 bought, sold, received, paid, or put off, or offered 
 to be bought, sold, received, paid, or put off. 
 
 Importing 7. Whosoever, without lawful authority or 
 "°?n*from' es:cuse (the proof whereof shall lie on the party 
 beyond-eeas. acoiised), shall import or receive into the United ' 
 Kingdom from beyond the seas any false or coun- 
 terfeit coin resembling or apparently intended to 
 resemble or pass for any of the Queen's current 
 gold or silver coin, knowing the same to be false 
 or counterfeit, shall, in England and Ireland, be 
 guilty of felony, and in Scotland of a high crime 
 and offence, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 Exporting 8. Whosoever, without lawful authority or 
 
 oomiterfeit g^g^gg (^^ proof whereof shall lie on; the party 
 
 accused), shall export, or put on board any ship, 
 
 vessel, or boat for the purpose of being exported 
 
 from the United Kingdom, any false or counter- 
 
24 ^ 25 Vict. cap. 99. 179 
 
 feit coin, resembling or apparently intended to 
 resemble or pass for any of the Queen's current 
 coin, knowing the same to be false or counterfeit, 
 shall, in England and Ireland, be guilty of a mis- 
 demeanor, and in Scotland of a crime and offence, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 9. Whosoever shall tender, utter, or put off any uttering 
 false or counterfeit coin resembling or apparently, goia'or'*" ' 
 intended to resemble or pass for any of the Queen's saver coin, 
 current gold or silver coin, knowing the same to be 
 
 false or counterfeit, shall, in England and Ireland, 
 be guilty of a misdemeanor, and in Scotland of a 
 crime and offence, and being convicted thereof shall 
 be liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding one year, with 
 or without hard labour, and with or without soli- 
 tary confinement. 
 
 10. Whosoever shall tender, utter, "or put off uttering 
 any false or counterfeit coin resembHng or ap- panSby 
 parently intended to resemble or pass for any of possession 
 the Queen's current gold or silver coin, knowing counterfeit 
 the same to be false or counterfeit, and shall, at "°™' ""■- j^ 
 the time of such tendering, uttering, or putting off, a second 
 have in his custody or possession, besides the false ""^""s- 
 or counterfeit coin so tendered, uttered, or put off, 
 
 any other piece of false or counterfeit coin re- 
 sembling or apparently intended to resemble or 
 pass for any of the Queen's current gold or silver 
 coin, or shall, either on the day of such tender- 
 ing, uttering or putting off, or within the space of 
 ten days then next ensuing, tender, utter, or put 
 off any false or counterfeit coin resembling or 
 apparently intended to resemble or pass for any of 
 the Queen's current gold or silver coin, knowing 
 
180 Coinage Offences Act, 
 
 the same to be false or counterfeit, stall, in 
 England and Ireland, be guilty of a misdemeanor, 
 and in Scotland of a crime and offence, and being 
 convicted tbereof shall be liable, at the discretion 
 of the court, to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and with or without solitary confinement. 
 
 Having 11. Whosoever shall have in his custody or 
 
 more pfeoes possession three or more pieces of false or counter- 
 of counter- feit coin resembling or apparently intended *to 
 Bilvercoin resemble or pass for any of the Queen's current 
 BS)n°te °' S"-^*^ °^ silver coin, knowing the same to be false 
 with intent, or counterfeit, and with intent to utter or put off 
 *°' the same or any of them, shall, in England and 
 
 Ireland, be guilty of a misdemeanor, and in 
 Scotland of a crime and offence, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for the 
 term of three years, or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 Every 12. Whosoever, having been convicted either 
 
 oftence of before or after the passing of this act of any such 
 uttering, &o , misdemeanor or crime and offence as in any of the 
 yious con- last three preceding sections mentioned, or of any 
 be" felony'*" felony or high crime and offence against this or 
 any former act relating to the coin, shall after- 
 wards commit any of the misdemeanors or crimes 
 and offences in any of the said sections mentioned, 
 shall, in England and Ireland, be guilty of felony, 
 and in Scotland of a high crime and offence, and 
 being convicted thereof shall be liable, at the dis- 
 cretion of the court, to be kept in penal servitude 
 for life or for any term not less than three years, 
 — or to be imprisoned for any term not exceeding 
 two years, with or without hard labour, and with 
 or without solitary confinement. 
 
24 # 25 Vict. cap. 99. 181 
 
 13.(^) Whosoever shall, with, intent to defraud, uttering 
 tender, utter, or put ofif as or for any of the Queen's Sis,™?; 
 current gold or silver coin, any coin not being as current 
 such current gold or silver coin, or any medal or SnTt? 
 piece of metal or mixed metals, resembling in size, defraud, 
 figure, and colour the current coin as or for which 
 the same shall be so tendered, uttered, or put off,, 
 such coin, medal, or piece of metal, or mixed, 
 _ metals so tendered, uttered, or put off, being of 
 less value than the current coin as or for which 
 the same shall be so tendered, uttered, or put off, 
 shall, in England and Ireland, be guilty of a mis- 
 demeanor, and in Scotland of a crime and offence, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 term not exceeding one year, with or without hard 
 labour, and with or without solitary confinement. 
 
 14.(^) Whosoever shall falsely make or counter- Ootmterfeit- 
 feit any coin resembling or apparently intended coppercoin. 
 to resemble or pass for any of the Queen's cur- 
 rent copper coin ; and whosoever, without lawful 
 authority or excuse (the proof whereof shall lie 
 on the party accused), shall knowingly make or 
 
 (^ Coining— Uttei-ing a medal resembling a coin. — Under 
 this section the prisoner was indicted for uttering a medal 
 resembling a half-sovereign, in size, figure, and colour, but 
 of less value than half-a-sovereign. The evidence was that 
 the medal was of the same diameter as a half-sovereign, 
 and similar to it in colour ; that the guerling was round 
 and not square ; and that on the obverse side there was a 
 stamp of the head of the Queen similar to that of a half- 
 sovereign, but with a different legend encircling it. There 
 was no evidence of the impression on the reverse side of 
 the medal; and it was held that there was sufficient evi- 
 dence that the medal resembled a half-sovereign in size, 
 figure, and colour, to sustain the conviction ; (Seg v. Robinson, 
 Leigh & Gave, 604 ; 10 Cox Grim. Ca«. 1 07 ; 34 L. J. M. C. 
 176.J 
 
 (') By the interpretation clause (sect. 1) the expression 
 ''the Queen's coppei- coin' is to include "any copper coin, 
 and any coin of bronze or mixed metal coined in any of Her 
 Majesty's mints, or lawfully current by virtue of any 
 proclamation or otherwise in any part of Her Majesty's 
 dominions." 
 
182 Coinage Offences Act, 
 
 mend, or begin to proceed to make or mend, or 
 buy or sell, or have in his custody or possession, 
 any instrument, tool, or engine adapted and in- 
 tended for the counterfeiting any of the Queen's 
 current copper coin ; or shall buy, sell, receive, 
 pay or put off, or offer to buy, sell, receive, pay 
 or put off, any false or counterfeit coin resembfing 
 or apparently intended to resemble or pass for any 
 of the Queen's current copper coin, at or for a 
 lower rate or value than the same imports or was 
 apparently intended to import, shall, in England 
 and Ireland, be guilty of felony, and in Scotland 
 of a high crime and offence, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for any term 
 not exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not ex- 
 ceeding two years, with or vrithout hard labour, 
 and with or without solitary confinement. 
 
 uttering 15. ' Whosoever shall tender, utter, or put off 
 
 cofn. ""'"''" ^iiy f^lse or counterfeit coin resembling or ap- 
 parently intended to resemble or pass for any of 
 the Queen's current copper coin, knowing the same 
 to be false or counterfeit, or shall have in his cus- 
 tody or possession three or more pieces of false or 
 counterfeit coin resembling or apparently intended 
 to resemble or pass for any of the Queen's current 
 copper coin, knowing the same to be false or coun- 
 terfeit, and with intent to utter or put off the 
 same or any of them, shall, in England and Ireland, 
 be guilty of a misdemeanor, and in Scotland of a 
 crime and bffence, and being convicted thereof shaU 
 be liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding one year, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 Defacing 1 6. Whosoever shall deface any of the Queen's 
 
 atamptag^ current gold, silver, or copper coin, by stamping 
 ■words thereon any names or words, whether such coin 
 
 thereon. •' ' 
 
24 4- 25 Vict. cap. 99. 183 
 
 shall or shall not be thereby diminished or light- 
 ened, shall, in England and Ireland, be guilty of a 
 misdemeanor, and in Scotland of a crime and of- 
 fence, and being convicted thereof shall be liable, 
 at the discretion of the court, to be imprisoned for 
 any term not exceeding one year, with or without 
 hard labour. 
 
 17. No tender of pa3rment iiT money made in Tender of 
 any gold, sUver, or copper coin so defaced by ^""^^'^a not 
 stamping as in the last preceding section men- to be a legal 
 tioned shall be allowed to be a legal tender ; and penalty for 
 whosoever shall tender, utter, or put off any coin ottering the 
 so defaced shall, on conviction thereof before two 
 justices, be liable to forfeit and pay any sum not 
 exceeding forty shillings : provided that it shall 
 
 not be lawful for any person to proceed for any 
 such last-mentioned penalty without the consent, 
 in England or Ireland, of Her Majesty's Attorney- 
 General for England or Ireland respectively, or in 
 Scotland of the Lord Advocate. 
 
 18. Whosoever shall make or counterfeit any Counterfeit- 
 kind of coin not being the Queen's current gold or ^fdand^ 
 silver coin, but resembling or apparently intended a"ver coin, 
 to resemble or pass for any gold or silver coin of 
 
 any foreign prince, state, or country, shall, in 
 England and Ireland, be guilty of felony, and in 
 Scotland of a high crime and offence, and being 
 convicted thereof shall be hable, at the dis- 
 cretion of the court, to be kept in penal servitude 
 for any term not exceeding seven years and not 
 less than three years,— or to be imprisoned for 
 any term not exceeding two years, with or with- 
 out hard labour, and without or without solitary 
 confinement. 
 
 19. Whosoever, without lawful authority or Bringing 
 excuse (the proof whereof shall lie on the party p^f,"„?^ 
 accused), shall bring or receive into the United into the 
 Kingdom any such false or counterfeit coin resem- KSgdom. 
 
184 
 
 Coinage Offences Act, 
 
 Penalty for 
 nttering 
 such coun- 
 terfeit coin. 
 
 bling or apparently intended to resemble or pass 
 for any gold or silver coin of any foreign prince, 
 state, or country ,,.knowing tlie same to be false or 
 counterfeit, sball, in England and Ireland, be guilty 
 of felony, and in Scotland of a bigb crime and 
 offence, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept 
 in penal servitude for any term not exceeding 
 seven years and not less than three years,: — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 20. Whosoever shall tender, utter, or put. off 
 any such false or counterfeit coin resembling or 
 apparently intended to resemble or pass for any 
 gold or silver coin of any foreign prince, state, or 
 country, knowing the same to be false or counter- 
 feit, shall, in England and Ireland, be guilty of 
 a misdemeanor, and in Scotland of a crime and 
 offence, and being convicted thereof shall be liable, 
 at the discretion of the court, to be imprisoned for 
 any term not exceeding six months, with or with- 
 out hard labour. 
 
 21. Whosoever, having been so convicted as in 
 the last preceding section mentioned, shall after- 
 wards commit the like offence of tendering, 
 
 foreigu com. .u^;tering, or putting off any such false or counter- 
 feit coin as aforesaid, knowing the same to be 
 false or counterfeit, shall, in England and Ireland, 
 be guilty of a misdemeanor, and in Scotland of a 
 crime and offence, and being convicted thereof 
 shall be liable, at the discretion of the court, to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement ; and whosoever, having been 
 so convicted of a second offence, shall afterwards 
 commit the like offence of tendering, uttering, or 
 putting off any such false or counterfeit coin as 
 aforesaid, knowing the same to be false or counter- 
 
 second 
 
 offence of 
 
 uttering 
 
 counterfeit 
 
 Third 
 oflence, 
 
24 4- 25 Vict. cap. 99. 185 
 
 feit, shall, in England and Ireland, be guilty of 
 felony, and in Scotland of a Mgh. crime and 
 offence, and being convicted tbereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, -with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 22. Whosoever shall falsely make or counter- Persons 
 feit any kind of coin not being the Queen's f^'J^^^fg'^ 
 current coin, but resembling or apparently in- coin other 
 tended to resemble or pass for any copper coin, or Ind'sUTer 
 any other coin made of any metal or mixed metals ^°™- 
 
 of less value than the silver coin of any foreign 
 prince, state, or country, shall, in England and 
 Irelaiid, be guilty of a misdemeanor, and in 
 Scotland of a crime and offence, and being con- 
 victed thereof shall be liable, at the discretion of. ^ 
 the court, for the first offence to be imprisoned 
 for any term not exceeding one year, and for the 
 second offence to be kept in penal servitude for 
 any term not exceeding seven years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and vnth or without solitary confine- 
 ment. 
 
 23. Whosoever, without lawful authority or Penalty on 
 excuse (the proof whereof shall lie on the party ha™ing^more 
 aoousedV shall have in his custody or possession "?*° a™ 
 any greater number oi pieces than nve pieces oi such ooun- 
 
 f alse or counterfeit coin resembling or apparently ^f^^^ ^^m 
 intended to resemble or pass for any gold or silver in their 
 coin of any foreign prmce, state, or country, or 
 any such copper or other coin as in the last pre- 
 ceding section mentioned, shall, on conviction 
 thereof before any justice of the peace, forfeit and 
 lose all such false and counterfeit coin, which shall 
 be cut in pieces and destroyed by order of such 
 
186 Coinage Offences Aet, 
 
 justice, and shall for every such, offence forfeit 
 and pay any sum of money not exceeding forty 
 shillings nor lesB than ten shillings for every such 
 piece of false and counterfeit coin which shall be 
 found in the custody or possession of such person, 
 one moiety to the informer, and the other moiety 
 to the poor of the parish where such offence shall 
 be committed ; and in case any such penalty 
 shall not be forthwith paid it shall be lawful 
 for any such justice to commit the person who 
 shall have been adjudged to pay the same to 
 the common gaol or house of correction, there 
 to be kept to hard labour for the space of 
 three months, or until such penalty shall be 
 paid. 
 
 Making, 24.(^) Whosoever, without lawful authority or 
 
 Si™ngpos- excuse (the proof whereof shall lie on the party 
 Beasion of accused), shall knowingly make or mend, or begin 
 toolB, felony, or proceed to make or mend, or buy or sell, or 
 have in his custody or possession, any puncheon, 
 counter puncheon, matrix, stamp, die, pattern, or 
 mould, in or upon which there shall be made or 
 impressed, or which will make or impress, or 
 which shall be adapted and intended to make or 
 impress, the figure, stamp, or- apparent resem- 
 blance of both or either of the sides of any of the 
 Queen's current gold or silver coin, or of any coin 
 of _any foreign prince, state, or country, or any part 
 or parts of both or either of such sides ; or shall 
 make or mend, or begin or proceed to maie or 
 mend, or shall buy or sell, or have in his custody 
 or possession, any edger, edging or other tool, col- 
 lar, instrument, or engine adapted and intended 
 for the marking of coin roimd the edges with 
 letters, grainings, or other marks or figures appar- 
 ently resembling those on the edges of any such 
 
 (') As to having in his " custody or possession," see the 
 interpretation clause (sect. 1), and also the case oi Reg. v. 
 Weeks, 4 L. T. Eep. (N.S.) 373 ; 30 L. J. 141, M.C. 
 
24 ^ 25 Vict. cap. 99. 187 
 
 coin as in this section aforesaid, knowing the same 
 to be so adapted and intended as aforesaid ; or 
 shall make or mend, or begin or proceed to make 
 or mend, or shall buy or sell, or have in his 
 custody or possession, any press for coinage, or 
 any cutting engine for cutting by force of a screw or 
 of any other contrivance, round blanks out of gold, 
 sUver, or other metal or mixture of metals, or any 
 other machine, knowing such press to be a press 
 for coinage, or knowing such engine or machine to 
 have been used or to be intended to be used for or 
 in order to the false making or counterfeiting of 
 any such coin as in this section aforesaid, shall, in 
 England and Ireland, be guilty of felony, and in 
 Scotland of a high crime and offence, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for life 
 or for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 25. Whosoever, without lawful authority or Conveying 
 excuse (the proof whereof shall lie on the party moneys out 
 accused), shall knowingly convey out of any of Her ^'(^g^™""* 
 Majesty's mints any puncheon, counter puncheon, Butuoiity, 
 matrix, stamp, die, pattern, mould, edger, edging '^'"''y- 
 or other tool, collar, instrument, press, or engine 
 used or employed in or about the coining of coin, 
 or any useful part of any of the several matters 
 aforesaid, or any coin, bullion, metal, or mixture of 
 metals, shall, in England and Ireland, be guilty of 
 felony, and in Scotland of a high crime and 
 offence, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
188 
 
 Coinage Offences Act, 
 
 Coin sus- 
 pected to be 
 dimmifihed 
 or counter- 
 feit may be 
 cut by any 
 person to 
 whom it is 
 tendered. 
 
 Who shall 
 bear the loss. 
 
 Provision 
 for the 
 discovery 
 and seizure 
 of counter- 
 feit coin and 
 coiningtools, 
 for securing 
 them as 
 evidence, 
 and for 
 ultimately 
 disposing of 
 them. 
 
 26. Where any coin shall be tendered as the 
 Queen's current gold or silver coin to any person 
 who shall suspegt the same to be diminished other- 
 wise than by reasonable wearing, or to be counter- 
 feit, it shaU be lawful for such person to cut, break, 
 bend, or deface such coin, and if any coin so cut, 
 broken, bent, or defaced shall appear to be di- 
 minished otherwise than by reasonable wearing, or 
 to be counterfeit, the person tendering the same 
 shall bear the loss thereof ; but if the same shall 
 be of due weight, and shall appear to be lawful 
 coin, the person cutting, breaking, bending, or 
 defacing the same is hereby required to receive 
 the same at the rate it was coined for ; and if any 
 dispute shall arise whether the coin so cut, broken, 
 bent, or defaced be diminished in manner afore- 
 said, or counterfeit, it shall be heard - and finally 
 determined in a summary manner by any justice 
 of the peace, who is hereby empowered to examine 
 upon oath as well the parties as any other person, 
 in order to the decision of Such dispute ; and the 
 tellers at the receipt of Her Majesty's exchequer, 
 and their deputies and clerks, and the receivers 
 general of every branch of Her Majesty's revenue, 
 are hereby required to cut, break, or deface, or 
 cause to be cut, broken, or defaced every piece of 
 counterfeit or unlawfully diminished gold or silver 
 coin which shall be tendered to them in payment 
 of any part of Her Majesty's revenue. 
 
 27. If any person shall find or discover in any 
 place whatever, or in the custody or possession of 
 any person having the same without lawful au- 
 thority or excuse, any false or counterfeit coin, 
 resembling or apparently intended to resemble or 
 pass for any of the Queen's current gold, silver, or 
 copper coin, or any coin of any foreign prince, 
 state, or country, or any instrument, tool, or en- 
 gine whatsoever, adapted and intended for the 
 counterfeiting of any such coin, or any filings or 
 
24 ^ 25 Vict. cap. 99. 189 
 
 clippings, or any gold or silver bullion, or any 
 gold or silver in dust, solution, or otherwise, which 
 shall have been produced or obtained by diminish- 
 ing or lightening any of the Queen's current gold 
 or silver coin, it shall be lawful for the person 
 so finding or discovering and he is hereby required 
 to seize the same, and to carry the same forthwith 
 before some justice of the peace ; and where it 
 shall be proved, on the oath of a credible witness 
 before any justice of the peace, that there is 
 reasonable cause to suspect that any person has 
 been concerned in counterfeiting the Queen's cur- 
 rent gold, silver, or copper coin, or any such 
 foreign or other coin as in this act before men- 
 tioned, as has in his custody or possession any such 
 false or counterfeit coin, or any instrument, tool, 
 or engine whatsoever adapted and intended for 
 the making or counterfeiting of any such coin, or 
 any other machine used or intended to be used for 
 making or counterfeiting any such coin, or any 
 such filings, clippings, or bullion, or any such gold 
 or silver in dust, solution, or otherwise as aforesaid, 
 it shall be lawful for any justice of the peace, by 
 warrant under his hand, to cause any place what- 
 soever belonging to or in the occupation or under 
 the control of such suspected person to be searched, 
 either in the day or in the night, and if any such 
 false or counterfeit coin, or any such instrument, 
 tool, or engine, or any such naachine, or any such 
 filings, clippings, or bullion, or any such gold or 
 silver in dust, solution, or otherwise as aforesaid, 
 shall be found in any place so searched, to cause 
 the same to be seized and carried forthwith before 
 some justice of the peace ; and whensoever any 
 such false or counterfeit coin, or any such instru- 
 ment, tool, or engine, or any such machine, or any 
 such filings, clippings, or bullion, or any such gold 
 or silver in dust, solution, or otherwise as afore- 
 said, shall in any case whatsoever be seized and 
 carried before a justice of the peace, he shall, if 
 
190 Coinage Offences. Act, 
 
 necessary, cause tlie same to be secured, for the 
 purpose of being produced in evidence against any 
 person who majf be prosecuted for any offence 
 against this act ; and all such false and counter- 
 feit coin, and all instruments, tools, and engines 
 adapted and intended for the making or counter- 
 feiting of coin, and all such machines, and all such 
 filings, clippings, and bullion, and all such gold 
 and silver in dust, solution, or otherwise as afore- 
 said, after they shall have been produced in 
 evidence, or when they shall have been seized, and 
 shall not be required to be produced in evidence, 
 shall forthwith be delivered up to the officers of 
 Her Majesty's Mint, or to the solicitors of Her 
 Majesty's Treasury, or to any person atithorised 
 by them to receive the same. 
 
 Venua. 28.^ Where any person shall tender, utter, or 
 
 put off any false or counterfeit coin in one county 
 or jurisdiction, and shall also tender, utter, or 
 put off any other false or counterfeit coin in any 
 other county or jurisdiction, either on the day 
 of such first-mentioned tendering, uttering, or 
 putting off, or within the space of ten days next 
 ensuing, or where two or more persons, acting 
 in concert in different counties or jurisdictions, 
 shall commit any offence against this act, every 
 such offender may be dealt with, indicted, tried, 
 and punished, and the offence laid and charged 
 to have been committed, in any one of the said 
 counties or jurisdictions, in the same manner in 
 all respects as if the offence had been actually 
 and wholly committed within such one county or 
 jurisdiction. 
 
 What Bhaii 29. Where, upon the trial of any person charged 
 proof^f '™' with any offence against this act, it shall be neoes- 
 coin being sary to prove that any coin produced in evidence 
 agamst such person is false or counterfeit, it shall 
 not be necessary to prove the same to be false and 
 counterfeit by the evidence of any moneyer, or 
 
 counterfeit 
 
24 ^ 25 Vict. cap. 99. 191 
 
 other officer of Her Majesty's Mint, but it shall 
 be sufficient to prove the same to be false or 
 counterfeit by the evidence of any other credible 
 
 witness. 
 
 30. Every offence of falsely making or counter- where the 
 feiting any coin, or of buying, selling, receiving, ™™^i^®''' 
 paying, tendering, uttering, or putting off, or of shaU ba 
 offering to buy, sell, receive, pay, utter, or put """"p'^** 
 off, any false or counterfeit coin, agdinst the 
 provisions of this act, shall be deemed to be 
 complete, although the coin so made or counter- 
 feited, or bought, sold, received, paid, tendered, 
 uttered, or put off, or offered to be bought, sold, 
 received, paid, uttered, or put off, shall not be 
 in a fit state to be uttered, or the counterfeiting 
 thereof shall not be finished or perfected. 
 
 31. It shall be lawful for any person whatso- Any person 
 
 ever to apprehend any person who shall be found ^prehend 
 
 eommittincr any indictable offence, or any high »°y P^S™ 
 
 6 J . J nc ■ i. committing 
 
 crime and onence, or crime and olience, against any indiot- 
 
 this act, and to convey or deliver him to some ^|Sn°B°&iB 
 
 peace officer, constable, or officer of police, in act. 
 
 order to his being conveyed as soon as reasonably 
 
 may be before a justice of the peace or some 
 
 other proper officer, to be dealt with according 
 
 to law. 
 
 32. No conviction for any offence punishable No certiorari, 
 on summary conviction under this act shall be *"" 
 quashed for want of form, or be removed by 
 certiorari into any of Her Majesty's superior 
 
 courts of record; and no warrant of commit- 
 ment shall be held void by reason of any defect 
 therein, provided it be therein alleged that the 
 party has been convicted, and there be a valid 
 conviction to sustain the same. 
 
 33. All actions and prosecutions to be com- venue in 
 menced against any person for anything done in ^^f' 
 pursuance of this act, shall, in England or Ireland; personA 
 
192 Coinage Offences Act, 
 
 acting under be laid and tried in the county where the fact 
 this act ^^ committed, and shall, in England, Ireland, 
 or Scotland, be commenced within six months 
 Notice of after the fact committed, and not otherwise ; and 
 *°'''"^ notice in writing of such action and of the cause 
 
 thereof shall be given to the defendant or defender 
 one month at least before the commencement of 
 General the action ; and in any such action brought in 
 iBBuo. England or Ireland the defendant may plead the 
 
 general issue, and give this act and the special 
 matter in evidence, at any trial to be had there- 
 upon, and in Scotland the defender may insist on 
 Tender of all relevant defences ; and no plaintiff or pursuer 
 amends, &c gj^aU recover in any such action if tender of suffi- 
 cient amends shall have been made before such 
 action brought, or if a sufficient sum of money 
 shall have been paid into court after such action 
 brought, by or on behalf of the defendant or 
 defender ; and if, in England or Ireland, a verdict 
 shall pass for the defendant, or the plaintiff shall 
 become nonsuit, or discontinue any such action 
 after issue joined, or if, upon demurrer or other- 
 wise, judgment shall be given against the plaintiff, 
 or if, in Scotland, the verdict shall be for the 
 defender, or if the pursuer shall abandon the 
 action, or the court shall dismiss it as irrelevant 
 or improperly laid, in every such case the defen- 
 dant or defender shall recover his full costs as 
 between attoi-ney and client, and have the liie 
 remedy for the same as any defendant or defender 
 has by law in other cases ; and though a verdict 
 shall be given for the plaintiff or pursuer in any 
 such action, such plaintiff or pursuer shall not 
 have costs against the defendant or defender, 
 unless the judge before whom the trial shall be 
 shall certify his approbation of the action. 
 
 Trial of 34. AU high crimes and offences, and crimes 
 
 offences in an,j offences, against this act, which may be 
 
 committed in Scotland, shall be proceeded against 
 
24 ^ 25 Vict. cap. 99. 193 
 
 and tried according to the rules and procedure 
 of the criminal law of Scotland; and all pro- 
 ceedings by this act made competent before any 
 justice or justices, and all and every the powers 
 and authorities by this act given to or conferred 
 upon any such justice or justices, shall, in Scot- 
 land, be competent before and may be exercised 
 by any sheriff, magistrate, or justice of the peace. 
 
 35. In the case of every felony punishable Punishment 
 under the act, every principal in the second "ntheB^ond 
 degree, and every accessory before the fact, shall degree, and 
 be punishable in the same manner as the pria- '^°^^°™^- 
 cipal in the first degree is by this act punishable ; 
 
 and every accessory after the fact to any felony 
 punishable under this act shall be liable to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 36. AU indictable offences mentioned in this offences 
 act which shall be committed within the' juris- ""•S™"^'* 
 diction of the Admiralty of England or Ireland jurisdiction 
 shall be deemed to be offences of the same nature AdmS&ity. 
 and liable to the same punishments as if they 
 
 had been committed upon the land in England 
 or Ireland, and may be dealt with, inquired of, 
 tried, and determined in any county or place in 
 England or Ireland in which the offender shall 
 be apprehended or be in custody, in the same 
 manner in all respects as if the same had been 
 actually committed in that county or place, and 
 in any indictment for any such offence, or for 
 being accessory to any such oii'enoe, the venue in 
 the margin shall be the same as if such offence 
 had been committed in such county or place, and 
 the offence itself shall be averred to have been 
 committed " on the high seas ; " and where any 
 of the crimes and offences, or high crimes and 
 offences, mentioned in this act, shall be com- 
 mitted at sea, and the vessel in which the same 
 shaU be committed shall be registered in Soot- 
 
194 Coinage Ofeneei Act, 
 
 land, or touoh at any part thereof, the courts of 
 criminal law of Scotland may inquire, try and 
 determine the same in the same manner as if 
 such crime and offence, or high crime and offence, 
 had been committed in Scotland ; provided that 
 nothing herein contained shall alter or affect any 
 of the laws relating to the government of Her 
 Majesty's land or naval forces. 
 
 What shall 37. Where any person shall have been con- 
 hesnffloient yjcted of any offence against this act, or any 
 oonTiotion former act relating to the coin, and shall after- 
 Tioiwoftenoe ''^ards be indicted for any offence against this 
 act committed subsequent to such conviction, it 
 shall be sufficient in any such indictment, after 
 charging such subsequent offence, to state the 
 substance and effect only (omitting the formal 
 part) of the indictment and conviction for the 
 previous offence ; and a certificate containing the 
 substance and effect only (oraitting the formal 
 part) of the indictment and conviction for the 
 previous offence, purporting to be signed by the 
 clerk of the court or other officer having or pur- 
 porting to have the custody of the records of the 
 court where the offender was first convicted, or 
 by the deputy of such clerk or officer, shall, upon , 
 proof of the identity of the person of the offender, 
 be sufficient evidence of the previous conviction, 
 without proof of the signature or official character 
 or authority of the person appearing to have 
 signed the same, or of his custody or right to the 
 custody of the records of the court, and for every 
 such certificate a fee of six shillings and eight- 
 pence, and no more, shall be demanded or taken ; 
 When the and the proceedings upon any indictment for 
 oon^otion is committing any offence after a previous con- 
 on ttf Sf viotion or convictions shall be as follows ; (that 
 is to say,) the offender shall, in the first instance, 
 be arraigned upon so much only of the indict- 
 ment as charges the subsequent offence, and if he 
 
24 4- 25 Vict cap. 99. 195 
 
 plead not guilty, or if tlie court order a plea of 
 not guilty to be entered on Ms behalf, the jury 
 shall be charged, in the first instance, to inquire 
 concerning such subsequent offence only ; and if 
 they find him guilty, or if on arraignment he 
 plead guilty, he shall then, and not before, be 
 asked whether he had been previously convicted 
 as alleged in the indictment, and if he answer 
 that he had been so previously convicted the 
 court may proceed to sentence him accordingly, 
 but if he deny that he had been so previously 
 convicted, or stand mute of malice, or will not 
 answer directly to such question, the jury shall 
 then be charged to inquire concerning such pre- 
 vious conviction or convictions, and in such case 
 it shall not be necessary to swear the jury again, 
 but the oath already taken by them shall for all 
 purposes be deemed to extend to such last- 
 mentioned inquiry : provided that if upon the 
 trial of any person for any such subsequent 
 offence such person shall give evidence of his 
 good character, it shall be lawful for the pro- 
 secutor, in answer thereto, to give evidence of 
 the conviction of such person for the previous 
 offence or offences, before such verdict of guilty 
 shall be returned, and the jury shall inquire con- 
 cerning such previous conviction or convictions at 
 the same time that they inquire concerning such 
 subsequent offence. (*) 
 
 38. Whenever any person shall be convicted of Fine and 
 
 any indictable misdemeanor punishable under this ^Mptog the 
 
 act, the court may, if it shall think fit, in addition peaea ; in 
 
 . -. - *' p ,, • 1 . 1 i.1 ■ what cases, 
 
 to or m lieu of any of the punishments by tms 
 
 (=) On the trial of an indictment for felonious possession 
 of counterfeit coin with intent to utter the same after a 
 previous conviction, the course of proceeding at the trial 
 Is first to try that part of the offence which relates to the 
 possession, and then, if the prisoner be found guilty, to tir 
 him tor the previous conviction : (Seg. v. Martin, 21 L. T. 
 Sep. 469.) 
 
 K 2 
 
196 Coinage Offences Act, 
 
 act authorised, fine the offender, and require him 
 fo enter into his own recognizances, and to find 
 sureties, both or .either, for keeping the peace and 
 being of good behaviour ; and in case of any 
 felony punishable under this act the court may, if 
 it shall think fit, require the offender to enter into 
 his own recognizances, and to find sureties, both 
 or either, for keeping the peace, in addition to any 
 punishment by this act authorised : provided that 
 no person shall be imprisoned under this clause 
 for not finding sureties for any period exceeding 
 one year. 
 
 Hard labour. 39. Whenever imprisonment, with or without 
 hard labour, may be awarded for an indictable 
 offence under this act, the court may sentence the 
 offender to be imprisoned, or to be imprisoned and 
 kept to hard labour, in the common gaol or house 
 of correction. 
 
 Solitary 40. Whenever solitary confinement may be 
 
 confinement, awarded 'for any offence under this act, the court 
 , may direct the offender to be kept in solitary 
 confinement for any portion or portions of his 
 imprisonment, or of his imprisonment with hard 
 labour, not exceeding one month at any one 
 time, and not exceeding three months in any one 
 year. 
 
 Summary 41. Every offence hereby made punishable on 
 
 to EnglS summary conviction may be prosecuted in England 
 may be in the manner directed by the act of the session 
 ii'&i2Viot holdenin the eleventh and twelfth years of Queen 
 l' *f 'nd ^ ™ Victoria, chapter forty-three, and may be prose- 
 under the cuted in Ireland before two or more justices of 
 i4^& 16 Vict, ^.jjg peace, or one metropolitan or stipendiary 
 magistrate, in the manner directed by the act of 
 the session holden in the fourteenth and fifteenth 
 years of Queen Victoria, chapter ninety-three, or 
 in such other manner as may be directed by any 
 act that may be passed for like purposes ; and all 
 
24 ^ 25 Vict. cap. 99. 197 
 
 provisions contained in tlie said acts shall be ap- 
 plicable to sucb prosecutions in tlie same manner 
 as if tbey were incorporated in tMs act : provided, Except in 
 tbat nothing in this act contained shall in any ^™4etr™'* 
 nianner alter or effect any enactment relating to polltanpollca 
 procedure in the case of any offence punishable '*'^'"'''''- 
 on summary conviction within the city of London 
 or the metropolitan police district, for the recovery 
 or application of any penalty or forfeiture for any 
 such offence. 
 
 42. In all prosecutions for any offence against oost ot 
 this act in England, which shall be conducted under p™««™«om 
 the direction of the solicitors of Her Majesty's 
 Treasury, the court before which such offence shall 
 
 be prosecuted or tried shall allow the expenses of 
 the prosecution in all respects as in cases of felony ; 
 and in all prosecutions for any such offence in 
 England which shall not be so conducted it shall 
 be lawful for such court, in case a conviction shall 
 take place, but not otherwise, to allow the ex- 
 ■ penses of the prosecution in like manner ; and every 
 order for the payment of such costs shall be made 
 out, and the sum of money mentioned therein 
 paid and repaid, upon the same terms and in the 
 same manner in all respects as in cases of felony. 
 
 43. This act shall commence and take effect on Commence- 
 the first day of November one thousand eight "™* °^ "'■ 
 hundred and sixty-one. 
 
198 
 
 vn. 
 
 OFFENCES AGAINST THE PERSON 
 ACT. 
 
 24 & 25 Vict. cap. 100. 
 
 An Act to consolidate and amend the Statute 
 Law of England and Ireland relating to 
 Offences against the Person. — [6th August, 
 1861.] 
 
 Whebbas it is expedient to consolidate and amend 
 the statute law of England and Ireland relating 
 to offences against the person : be it enacted by 
 tbe Queen's most excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the 
 same, as follows : 
 
 Homicide. 
 
 Murder. !• Whosoever shall be convicted of murder 
 
 shall suffer death as a felon. 
 
 Sentence for 2. Upon every conviction for murder the court 
 murder. gball pronounce sentence of death, and the same 
 may be carried into execution, and all other pro- 
 ceedings upon such sentence and in respect thereof 
 may be had and taken, in the same manner in all 
 respects as sentence of death might have been 
 pronounced and carried into execution, and all 
 other proceedings thereupon and in respect thereof 
 might have been had and taken, before the passing 
 of this act, upon a conviction for any other felony 
 
24 ^ 25 Vict. cap. 100. 199 
 
 for which the prisoner might have been sentenced 
 to suffer death as a felon ('). 
 
 3. The body of every person executed for Body to be 
 murder shall be buried within the precincts of the prison.' ' 
 prison in which he shall have been last confined 
 
 after conviction, and the sentence of 'the court 
 shall so direct. 
 
 4. AU persons who shall conspire, confederate, conspiring 
 and agree to murder any person, whether he be a " commit^ 
 subject of Her Majesty or not, and whether he be murder, 
 within the Queen's dominions or not, and whosor 
 
 ever shall solicit, encourage, persuade, or endeavour 
 to persuade, or shall propose to any person, to 
 murder any other person, whether he be a subject 
 of Her Majesty or not, and whether he be within 
 the Queen's dominions or not, shall be guilty of a 
 misdemeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for any term not more than ten 
 and not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 5. Whosoever shaU be convicted of man- Mansiangb- 
 slaughter shall be liable, at the discretion of the '°''' 
 court, to be kept in penal servitude for life or 
 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, or to pay such fine as 
 the court shall award, in addition to or without any 
 such other discretionary punishment as aforesaid. 
 
 6. In any indictment for murder or man- indictment 
 slaughter, or for being an accessory to any murder 0°''^"'^°'' 
 or manslaughter, it shaU not be necessary to set slanghtet 
 forth the manner in which or the means by which 
 
 (') As regards the mode of carrying out the sentence of 
 death, see the 31 Vict. 0. 24, "The Capital Punishment 
 Amendment Act, 1868," post. 
 
200 Offences against the Person Act,_ 
 
 the deatli of the deceased was caused, but it shall 
 be sufficient in any indictment for murder to 
 charge that the defendant did feloniously, wiKully, 
 and of his malice aforethought kill and murder 
 the deceased ; and it shall be sufficient in any 
 indictment for manslaughter to charge that the 
 defendant did feloniously kill and slay the de- 
 ceased ; and it shall be sufficient in any indict- 
 ment against any accessory to any murder or 
 manslaughter to charge the principal with the 
 murder or manslaughter (as the case may be) in 
 the manner hereinbefore specified, and then to 
 charge the defendant as an accessory in the manner 
 heretofore used and accustomed. 
 
 Excusable 7. No punishment or forfeiture shall be in- 
 ™'°' *■ CTirred by any person who shall kill another by 
 misfortune or in his own defence, or in any other 
 manner without felony. 
 
 fettt 8. Every offence which before the commence- 
 
 ment of the act of the ninth year of King George 
 the Fourth, chapter thirty-one, would have 
 amounted to petit treason, shall be deemed to 
 be murder only, and no greater offence ; and all 
 persons guilty in respect thereof, whether as 
 principals or as accessories, shall be dealt with, 
 indicted, tried, and punished as principals • and 
 accessories in murder. 
 
 Mnrderor 9. Where any murder or manslaughter shall 
 ™atopfd.' l3e committed on land out of the United Kingdom, 
 whether within the Queen's dominions or without, 
 and whether the person killed were a subject of 
 Her Majesty or not, every offence committed by 
 any subject of Her Majesty, in respect of any 
 such case, whether the same shall amount to the 
 offence of murder or of manslaughter, or of being 
 accessory to murder or manslaughter, may be 
 dealt with, inquired of, tried, determined, and 
 punished in any county or place in England or 
 
24: 4- 25 Vtct. cap. 100. 201 
 
 Ireland in wHcli such, person shall be appre- 
 hended or be in custody, in the same manner in 
 all respects as if such offence had been actually 
 committed in that county or place ; provided that 
 nothing herein contained shall prevent any person 
 from being tried in any place out of England or 
 Ireland for any murder or manslaughter com- 
 mitted out of England or Ireland, in the same 
 manner as such person might have been tried 
 before the passing of this act. ■ 
 
 10. Wh.ere any person, being feloniously Proviaion 
 
 , . , . J i.1. ■ 1. i , , ■' tor the trial 
 
 stricken, poisoned, or otherwise hurt upon the of murder 
 sea, or at any place out of England or Ireland, o^nd man- 
 shall die of such stroke, poisoning, or hurt in where the 
 England or Ireland, or, being feloniously stricken, ^^„* °f 
 ' poisoned, or otherwise hurt at any place in aoa't only 
 England or Ireland, shall die of such stroke, England or- 
 poisoning, or hurt upon the sea, or at any place Iceland, 
 out of England or Ireland, every offence com- 
 mitted in respect of any such case, wlj.ether the 
 same shall amount to the offence of murder or of 
 manslaughter, or of . being accessory to murder or 
 manslaughter, may be dealt ' with, incjuired of, 
 tried, determined, and punished in the county or 
 place in England or Ireland in which such death, 
 stroke, poisoning, or hurt shall happen, in the 
 same manner in all respects as if such offence had 
 been wholly committed in that county or place. 
 
 Attempts to murder. 
 
 11. Whosoever shall administer to or cause to Adminiater- 
 be administered to or to be taken by any person "^^omajng 
 any poison or other destructive thing, or shall with intent 
 by any means whatsoever wound or cause any 
 grievous bodily harm to any person with intent 
 
 in aiiy of the cases aforesaid to commit murdet, 
 shall he guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life or for 
 k3 
 
202 Offences against the Person Act, 
 
 any term not less than three years, or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or with- 
 out solitary confinement. 
 
 Destroying 12. Whosoever, by the explosion of gunpowder 
 
 TbuiStag"^ or other explosive substance, shall destroy or 
 
 with gun- damage any buUdinff with intent to commit 
 i30wu.Gr witii ' ' o ' J o 
 
 intent to murder, shall be guilty of felony, and being 
 murder. convicted thereof shaU be liable, at the discretion 
 of the court, to be kept in penal servitude for life 
 or for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two' 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 Setting Are 13. Whosoever shall set fire to any ship or 
 
 awayTs^^ ^®^^®^ °^ ^^^ V^^ thereof, or any part of the 
 
 witii intent tacHe, apparel, or furniture thereof, or any goods 
 
 to mur er. ^^ chattels being therein, or shall cast away or 
 
 destroy any ship or vessel, with intent in any of 
 
 such cases to commit murder, shall be guilty of 
 
 felony, and being convicted thereof shall be liable, 
 
 at the discretion of the court, to be kept in penal 
 
 servitude for life or for any term not less than 
 
 three years, — or to be imprisoned for any term 
 
 not exceeding two years, with or without hard 
 
 labour, and with or without solitary confinement. 
 
 Attempting 14. Whosoever shall attempt to administer to 
 
 terp^on^or °^ ^^ attempt to cause to be administered to or 
 
 shooting or to be taken by any person any poison or other 
 
 tostaot'of destructive thing, or shall shoot at any person, 
 
 attempting q-j. gjiall, by drawing a trigger or in any other 
 
 &o., with' manner, attempt to discharge any kind of loaded 
 
 murder^ arms at any person, or shall attempt to drown, 
 
 suffocate, or strangle any person, with intent, in 
 
 any of the cases aforesaid, to commit murder, 
 
 shall, whether any bodily injury be effected or 
 
 not, be guilty of felony, and being convicted 
 
 thereof shall be liable, at the discretion of th« 
 
24 ^ 25 Vict. aap. 100. 203 
 
 court, to be kept in penal servitude for life or 
 for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour, and with or 
 without solitary confinement. 
 
 15. Whosoever shall, by any means other than By any other 
 those specified in any of the preceding sections "fempting 
 of this act, attempt to commit murder, shall be *" commit 
 guilty of felony, and being convicted thereof shall 
 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for life or for any term 
 not less than "three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or vrithout solitary 
 confinement. 
 
 Letters threatening to murder. 
 
 16. Whosoever shall maliciously send, deliver. Sending 
 or utter, or directly or indirectly cause to be l^S^atening 
 received, knowing the contents thereof, any letter to murder. 
 or writing threatening to kill or murder any 
 person, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 
 the court, to be kept in penal servitude for any 
 term not exceeding ten years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or vrithout hard 
 labour, and with or vnthout solitary confinement, 
 ' and, if a male under the age of sixteen years, with 
 or without whipping. 
 
 Acts causing or tending to cause Danger to Life 
 or bodily Harm. 
 
 17. Whosoever shall unlawfully and maliciously impeding a 
 prevent or impede any person, being on board of deavonring 
 or having quitted any ship or vessel which shall ^g™,,„^ 
 be in distress, or wrecked, stranded, or oast on eMpwreok. 
 shore, in his endeavour to save his life, or shall 
 unlawfully and maliciously prevent or impede 
 
204 Ofences against the Person Act, 
 
 any person in ids endeavour to save the life of 
 any such person as in this section first aforesaid, 
 shall be guilty gf felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life or for 
 any term not less than three years, — or to be im- 
 prisoned for any term not exceeding two years, 
 ■with or without hard labour, and with or without 
 solitary confinement. 
 
 Shooting or 18.(') Whosoever shall tmlawfully and mali- 
 
 to'sSo^o^ ciously by any means whatsoever wound or cause 
 
 wounding any grievous bodily harm to any person, or shoot 
 
 to do at any person, or, by drawing a trigger or in any 
 
 boSIyhaim. o^^^r manner, attempt to discharge any kind of 
 
 loaded arms at any person, with intent, in any of 
 
 the cases aforesaid, to maim, disfigure, or disable 
 
 any person, or to do some other grievous bodily 
 
 harm to any person, or with intent to resist or 
 
 prevent the lawful apprehension or detainer of 
 
 any person, shall be guilty of felony, and being 
 
 convicted thereof shall be liable, at the discretion 
 
 of the court, to be kept in penal servitude for life 
 
 or for any term not less than three years, — or to 
 
 be imprisoned for any term not exceeding two 
 
 years, with or without hard labour, and with or 
 
 without solitary confinement. 
 
 What shall 19. Any gun, pistol, or other arms which shall 
 Sed anna. ^® loaded in the barrel with gunpower or any 
 other explosive substance, and ball, shot, slug, or 
 other destructive material, shall be deemed to be 
 loaded arms within the meaning of this act, 
 although the attempt to discharge the same may 
 
 (^) Shootmg into a a'owiS. — A person who fires a pistol at 
 a group of persons, not aiming at any one in particular but 
 intending generally to do grievous bodily harm, and severely 
 wounds one of the group, may be indicted and convicted for 
 feloniously shooting and wounding the person injured with 
 Intent to do grievous bodily harm : (Reg. v. Fretwell, 10 L. T. 
 Eep. 428; 3S L. J. M. G. 128.) 
 
24 ^ 25 Vict. cap. 100. 205 
 
 fail from want of proper priming or from any 
 other cause. 
 
 20.(^) Whosoever shall unlawfully and mali- inflicting 
 ciously wound or inflict any grievous bodily harm ^El ^ja, 
 upon any other person, either with or without any or without 
 weapon or instrument, shall be guilty of a mis- ''^''i'™- 
 demeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for the term of three years, or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 21. Whosoever shall, by any means whatsoever, Attempting 
 attempt to choke, suffocate, or strangle any other *„ o^aer'to"'' 
 person, or shall, by any means calculated to choke, commit any 
 suffocate, or strangle, attempt to render any other ^0^!"'° 
 person insensible, unconscious, or incapable of re- 
 sistance, with intent in any of such cases thereby 
 
 to enable himself or any other person to commit, 
 or with intent in apy of such cases thereby to 
 assist any other person in comnaitting, any indict- 
 able offence, shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for life, 
 or for any term not less than three years, — or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 22. Whosoever shall unlawfully apply or ad- using 
 minister to or cause to be taken by, or attempt to i^'°J^'°""' 
 apply or administer to or attempt to cause to be commit any 
 administered to or taken by, any person, any oflence. 
 chloroform, laudanum, or other stupefying or over- 
 powering drug, matter, or thing, with intent in 
 
 any of such cases thereby to enable himseK or 
 
 (^) Maliciously wounding — Common assault. — Upon an in- 
 dictment under sect, 20 for unlawfully and maliciously 
 wounding or inflicting grievous bodily harm, a verdict for a 
 common assault may be returned : (^Reg. v. Canwdl, 20 L. T. 
 Eep. 402.) 
 
206 Offences against the Person Act, 
 
 any other peraon to commit, or witli intent in any 
 of such cases thereby to assist any other person in 
 committing any indictable offence, shall be guilty 
 of felony, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for life or for any other term not 
 less than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 MaUciousiy 23. Whosoever shall unlawfully and maliciously 
 .ta™^iBo"" administer to or cause to be admiuistered to or 
 fta, so as to taken by any other person any poison or other 
 lite or inflict destructive or noxious thing, so as thereby to en- 
 iomy hann. danger the life of such person, or so as thereby to 
 inflict upon such person any grievous bodily harm, 
 shall be guilty of felony, and being convicted there- 
 of shaU be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not exceed- 
 ing ten years and not less than three years, or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 MalloiouBly 24. Whosoever shall unlawfully and maliciously 
 
 tag poiB^" administer to or cause to be administered to or 
 
 &o., with taken by any other . person any poison or other 
 
 intent to J , / , • •' • iT.. -ii ■ J. J. J. ■ ■ 
 
 injure, destructive or noxious thing, with intent to injure, 
 
 anloylny"^ aggrieve, or annoy such person, shall be guilty of 
 otherperson. a misdemeanor, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for the term of three years, or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 If the jury 25. If, upon the trial of any person for any 
 
 aatSfledthat felony in the last but one preceding section men- 
 
 Sr''e™iB° tioned, the jury. shall not be satisfied that such 
 
 gniity of person is guilty thereof, but shall be satisfied that 
 
 guaty o?"' Ii6 is guilty of any misdemeanor in the last pre- 
 
 miBde- ceding section mentioned, then and in every such 
 meanorthey Ti ■ -i ii ■, i ^ 
 
 may find case the jury may acquit the accused oi such 
 
24 ^ 25 Vict. cap. 100. 207 
 
 felony, and find him guilty of such misdemeanor, him guilty 
 and thereupon he shall be liable to be punished ^<'°^i^^y- 
 in the same manner as if convicted upon an in- 
 dictment for such misdemeajior. 
 
 26.('') Whosoever, being legally liable, either as Not 
 a master or mistress, to provide for any appren- ^p™n«fea 
 tice or servant, necessary food, clothing, or or BervantB 
 lodging, shaU wilfully and without lawful excuse ^., whereby 
 refuse or neglect to provide the same or shall ^^ ^ ^^^^ 
 unlawfully and maliciously do or cause to be done 
 any bodily harm to any such apprentice or servant, 
 so that the life of such apprentice or servant shall 
 be endangered, or the health of such apprentice 
 or servant shall have been or shall be likely to be 
 permanently injured, shall be guilty of a mis- 
 demeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for the term of three years, or to 
 be imprisoned for any term not exceeding two 
 years, with or without hard labour. 
 
 27.(^) Whosoever shall unlawfully abandon or Exposing 
 
 expose any chUd, being under the ■ age of two whereby life 
 endangered. 
 
 (*) Master and servant;— Neglect topi'ovide sufficient food. — 
 A master is not criminally liable for the death of a servant 
 not of tender years, although the death was caused by the 
 insufficiency and badness of the food and lodging provided 
 by him for her, unless the servant was of such weak intellect 
 as to be helpless and unable to take care of herself, or was 
 under such restraint as to be unable to withdraw herself 
 from her maater's dominion : (lieg. v. Charlotte Smith, 12 L. T. 
 Eep. 608.) 
 
 («) Expomre— What amounts to.— The mother (one of the 
 prisoners) told the putative father before the birth of an 
 illegitimate ohUd that she would father it on him and he 
 would have to pay for it. He said, " I will not pay for it, 
 but if you send it to me I will keep it." About five weeks 
 after its birth the prisoner put the child into a hamper 
 carefully wrapped up, and left it at a railway station and 
 paid the fare. The hamper was addressed, and the words 
 "with care, to be delivered immediately," added. The 
 transit and delivery occupied about an hour. When opened, 
 the child was alive. It was taken to the workhouse and 
 lived for three weeks afterwards, when it died from causes 
 
208 Offences against the Person Act, 
 
 years, whereby tlie life of suoli child shall be 
 endangered, or the health of such child shall have 
 been or shall be likely to be permanently injured, 
 shall be guilty of a misdemeanor, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for the term 
 of three years, or to be imprisoned for any term not 
 exceeding two years, with or without hard labour. 
 OanBing 28. Whosoever shall unlawfully and maliciously, 
 
 bodily injury , " . . . j j.1. i ■ 
 
 by Bun- by the explosion of gunpowder or other explosive 
 powder. substance, burn, maim, disfigure, disable, or do 
 any grievous bodily harm to any person, shall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary oonflne- 
 ment, and, if a male under the age of sixteen 
 years, with or without whipping. 
 
 Causing 29. Whosoever shall unlawfully and maU- 
 
 t™xDiod" ciously cause any gunpowder or other explosive 
 
 or sending substance to explode, or send or deliver to or 
 
 peS an cause to be taken or received by any person any 
 
 explosive explosive substance or any other dangerous or 
 
 tbrowing' noxious thing, or put or lay at any place, or 
 
 Mdfon^a "^^^ o"" throw at or upon or otherwise apply to 
 
 person, with any person, any corrosive fluid or any destruo- 
 
 grievous tive or explosive substance, with intent in any 
 
 bodily harm, pf ^j^g gases aforesaid to burn, maim, disfigure, 
 
 or disable any person, or to do some grievous 
 
 bodily harm to any person, shall, whether any 
 
 bodily injury be effected or not, be guilty of 
 
 felony, and being convicted thereof shaU be liable, 
 
 at the discretion of the court, to be kept in penal 
 
 not attributable to the condact of the prisoners. Held, by a 
 majority of the judges, that this was a case of abandonment 
 and exposure of a child within the 27th section : (Beg. v. 
 Fal/emgham and amther, 21 L. T. Eep. 679 ; 29 L. J. M. C. 47.) 
 
24 ^ 25 Vict. cap. 100. 209 
 
 servitude for life or for anyterm not less tlian 
 ttree years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 and if a male under the age of sixteen years, 
 with or without whipping. 
 
 30. Whosoever shall unlawfully and mali- Placing 
 ciously place or throw in, into, upon, against, or l^^a^ °' 
 near any building, ship, or vessel amy gunpowder ^"jjf -Q^nt 
 or other explosive substance, with intent to do to do bodily 
 any bodily injury to any person, shall, whether Siy^ereon. 
 or not any explosion take place, and whether 
 
 or not any bodily injury be effected, be guilty 
 of felony, ' and being convicted thereof shall be 
 liable, at the discretion of the court, to be kept in 
 penal servitude for any term not exceeding four- 
 teen years and not less than three years, — or to be 
 imprisoned for any tenn not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement, and, if a male under the age 
 of sixteen years, with or without whipping. 
 
 31. Whosoever shall set or place, or cause to Settini 
 
 be set or placed, any spring gun, man trap, or &a'^ith'°° 
 other engine calculated to destroy human hfe or j"^"' '° 
 inflict grievous bodily harm, with the intent that grievous 
 the same or whereby the same may destroy or ^°^J ^™^ 
 inflict grievous bodily harm upon a trespasser 
 or other person coming in contact therewith, 
 shall be gmlty of a misdemeanor, and being con- 
 victed thereof shall be liable, at the discretion 
 . of the court, to be kept in penal servitude for the 
 term of three years, or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour ; and whosoever shall knowingly and 
 wilfully permit any such spring gun, man trap, 
 or other engine which may have been set or 
 placed in any place then being in or afterwards 
 coming into his possession or occupation by some 
 other person to continue so set or placed, shall be 
 
210 Offences against the Person Act, 
 
 deemed to have set and placed such gun, trap, or 
 engme with such intent as aforesaid : provided 
 that nothing in this section contained shall ex- 
 tend to make it illegal to set or place any gin or 
 trap such as may have been or may be usually 
 set or placed with the intent of destroying vermin : 
 provided also, that nothing in this section shall 
 be deemed to make it unlawful to set or place 
 or cause to be set or placed, or to be continued 
 set or placed, from sunset to sunrise, any spring 
 gun, man trap, or other engine which shall be set 
 or placed, or caused or continued to be set or placed, 
 in a dwelling house, for the protection thereof. 
 
 Placing: 32. Whosoever shall unlawfully and maliciously 
 
 ^arkilway, P'^* °'' t^irow upon or across any railway any 
 withmtent -wood, stone, or other matter or thing, or shall 
 paasengors. unlawfully and maliciously take up, remove, or 
 displace any rail, sleeper, or other matter or 
 thing belonging to any railway, or shall unlaw- 
 fully and maliciously turn, move, or divert any 
 points or other machinery belonging to any rail- 
 way, or shall unlawfully and maliciously make or 
 show, hide or remove, any signal or Ught upon or 
 near to any railway, or shall unlawfully and 
 maliciously do or cause to be done any other 
 matter or thing, with intent, in any of the cases 
 aforesaid, to endanger the safety of any person 
 travelling or being upon such railway, shall be 
 guilty of felony, and being convicted thereof shall 
 be liable, at the discretion of the court, to be 
 kept in penal servitude for life or for any term 
 not less than three years, — or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and if a male under the age 
 of sixteen years with or without whipping. 
 
 Casting 33. Whosoever shall unlawfully and mali- 
 
 npon'a*°'' oiously throw, or cause to fall or strike, at, 
 
 railway against, into, or upon any engine, tender, carriage, 
 
 with intent or truck used upon any railway, any wood, stone. 
 
24 # 25 Vict cap. 100. 211 
 
 or other matter or thing, with intent to injure or to endanger 
 endanger the safety of any person being in or any^^mon ' 
 upon such engine, tender, carriage, or truck, or in therein, 
 or upon any other engine, tender, carriage, or 
 truck of any train of which such first-mentioned 
 engine, tender, carriage, or truck shall form part, 
 shall be guilty of felony, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for life or for 
 any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 34. Whosoever, by any unlawful act, or by any Doing or 
 wilful omission or neglect, shall endanger or cause °™J^^ ^g 
 to be endangered the safety of any person con- endanger 
 veyed or being in or upon a railway, or shall aid by^raiiTOy. 
 or assist therein, shall be guilty of a misde- 
 meanor, and being convicted thereof shall be 
 liable at the discretion of -the court, to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard laljour. 
 
 3.5. Whosoever, having the charge of any Driyers of 
 carriage or vehicle, shall by wanton or furious ^"iJj?*!' 
 driving or racing, or other wilful naisconduct, or persons by 
 by wilful neglect, do or cause to be done any a™Ting. 
 bodily harm to any person whatsoever, shall be 
 guUty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be imprisoned for any term not exceeding 
 two years, with or without hard labour. 
 
 Assaults. 
 36. Whosoever shall, by threats or force, ob- ObBtraofflng 
 struct or prevent, or endeavour to obstruct or a clergyman 
 prevent, any clergyman or other minister in or ^^^^^ j^ 
 from celebrating divine service or otherwise offi- the dis- 
 ciating in any church, chapel, meeting house, or Sis^duties. 
 other place of divine worship, or in or from the 
 performance of his duty in the lawful burial of 
 the dead in any churchyard or other burial place. 
 
212 Offences against the Person Act, 
 
 or shall strike or offer any violence to, or shall, 
 upon any civil process, or under tte pretence of 
 executing any civil process, arrest any cler'gjmian or 
 other minister who is engaged in, or to the know- 
 ledge of the offender is about to engage in, any of 
 the rites or duties in this section aforesaid, or who 
 to the knowledge of the offender shall be going to 
 perform the same or returning from the perform- 
 ance thereof, shall be guilty of a misdemeanor, and 
 being convicted thereof shall be liable, at the dis- 
 cretion of the court, to be imprisoned for any term 
 not exceeding two years, wiih or without hard 
 labour. 
 
 Assaulting a 37. Whosoever shall assault and strike or 
 &c^ on wound any magistrate, omcer, or other person 
 account of -whatsoever lawfully authorised, in or on account 
 
 his pveserv- „ ,t_ . j. i • ■, , • • , i 
 
 ing wreck. 01 the exercise ot his duty m or concerning the 
 preservation of any vessel in distress, or of any 
 vessel, goods, or effects wrecked, stranded, or cast 
 on shore, or l3niig under water, shall be guilty 
 of a misdemeanor, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not 
 exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour. 
 
 ARsanitwith SS-C*) Whosoever shall assault any person with 
 commit" intent to commit felony, or shall assault, resist, 
 
 («) Wrong constable eaxcuMng warrant. — The defendant 
 was convicted in a penalty with costa, or to he imprisoned 
 seven days. The penalty not having been paid, a warrant 
 was issued for his apprehension, addressed " to the constable 
 of G." It was given to a county police constable to exe- 
 cute. While he was attempting to apprehend the defendant 
 the defendant resisted and wounded the constable. Held, 
 that a county policeman had no authority to execute it, it 
 being addressed to the parish constable, and that the appre- 
 hension was therefore illegal : (ifejr. v. Sanders, 16 L; T. 
 Bep. 331 ! Law Rep. 1 C. 0. Ees. 75.) 
 
 Assault ■ — Exeeution of his duty — Character of party 
 airrested. — Upon an indictment for assaulting A constable in 
 
24 ^ 25 Vict. cap. 100. 213 
 
 or wilfully obstruct any peace officer in the due felony or on 
 execution of his duty, or any person acting in aid ^^^jg g^ 
 of such officer, or stall assault any person with 
 intent to resist or prevent the lawful apprehension 
 or detainer of himself or of any other person for 
 any offence, shall be guilty of a misdemeanor, 
 and being cohyicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned, for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 39. Whosoever shall beat, or use any violence Aseauits 
 or threat of violence to any person, with intent to'obatraot 
 
 the execution of his duty, it appeared that the assault was 
 committed whilst the constable was attempting to arrest 
 the accused upon suspicion of having stolen some larch 
 trees (under the value of 12.') which the accused was carry- 
 ing. To show that the constable was justified in suspecting 
 the accused, the counsel for the prosecution asked the con- 
 stable in his examination in chief, " What did you know 
 had been the prisoner's previous character .' " The constable 
 replied, "I knew him to be a very bad character," and was 
 proceeding to mention previous convictions, when he was 
 stopped, on the ground that parol evidence of such con- 
 victions was inadmissible ; but in answer to a question put 
 by the counsel for the prosecution, he said he had seen the 
 accused in the Court of Quarter Sessions, and before the 
 magistrates on one occasion. Held, that although the con- 
 stable might be examined in chief as to the general charac- 
 ter of the accused, he could not be asked in chief as to the 
 grounds of his suspicion, and therefore that the question 
 and answer as to the grounds of the constable's suspicion 
 were improperly admitted : (Reg. v. Tvberjield, 11 L. T. 
 Rep. 385.) 
 
 Unhviful apprehension. — While the defendant was using 
 threatening, language to a third person a constable in 
 plain clothes came up and interfered. The defendant struck 
 the constable with his fist, and there was a struggle between 
 them; the constable went away for assistance and was 
 absent for an hour; he changed his plain clothes for his 
 uniform and returned to the defendant's house with three 
 other constables. They forced the door and entered the 
 house. The defendant refused to come down, and threat- 
 ened to kill the first man who came up to take him, and he 
 wounded one of them in the struggle. Held, that the 
 apprehension of the prisoner at the time was unlawful and 
 that he could not be convicted of wounding the constable 
 with intent to prevent liis lawful apprehension : (Reg. v. 
 Marsden, 18 L. T. Eep. 298 ; Law Bep. 1 0. 0. Ees. 131.) 
 
214 Offences against the Person Act, 
 
 thesaioof to deter or hinder him from buying,- seliuig, or 
 freepMsi^e. otherwise disposing of, or to compel him to buy, 
 sell, or other^^se dispose of, any wheat or other 
 grain, flour, meal, malt, or potatoes, in any 
 market or other place, or shaU beat or use any 
 such violence or threat to any person having the 
 care or charge of any wheat or other grain, &ovx, 
 meal, malt, or potatoes, whilst on the way to or 
 from any' city, market town, or other place, with 
 intent to stop the conveyance of the same, shall, 
 on conviction thereof before two justices of the 
 peace, be liable to be imprisoned and kept to hard 
 labour in the common gaol or house of correction 
 for any term not exceeding three months ; pro- 
 vided that no person who shall be punished for 
 any such offence by virtue of this section shall be 
 punished for the same offence by virtue of any 
 other law whatsoever. 
 
 Assaults on 40. Whosoever shall unlawfully and with force 
 seamen, So. jjjjj^gj. gr prevent any seaman, keelman, or caster 
 from working at or exercising his lawful trade, 
 business, or occupation, or shall beat or use any 
 violence to any such person with intent to hinder 
 or prevent him from working at or exercising the 
 same, shall, on conviction thereof before two 
 justices of the peace, be liable to be imprisoned 
 and kept to hard labour in the common gaol or 
 house of correction, for any term not exceeding 
 three months : provided that no person who shall 
 be punished for any such offence by reason of this 
 section shall be punished for the same offence by 
 virtue of any other law whatsoever. 
 
 Assaults 41. Whosoever, in pursuance of any unlawful 
 
 oomStoS'"" combination or conspiracy to raise the rate of 
 tion. wages, or of any unlawful combination or con- 
 
 spiracy respecting any trade, business, or manu- 
 facture, or respecting any person concerned or 
 employed therein, shall unlawfully assault any 
 person, shall be gmlty of a misdemeanor, and 
 
i 
 
 24 4- 2g Viot. cap. 100. 215 
 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 42.('') Where any person shall unlawfully assault Persona 
 or beat any other person, two justices of the aSy SmmL 
 peace, upon complaint by or on behalf of the assault or 
 party aggrieved, may hear and determine such may be 
 offence, and the offender shall, upon conviction OT^SnpeiM 
 thereof before them, at the discretion of the by two 
 justices, either be committed to the common gaol SjSy'Sle^ 
 or house of correction, there to be imprisoned ^nd oosta 
 with or without hard labour for any term not ing Bi. 
 exceeding two months, or else shall forfeit and 
 pay such fine as shall appear to them to be meet, 
 not exceeding, together vsdth costs (if ordered), the 
 sum of five pounds ; and if such fine as shall be 
 so awarded, together with the costs (if ordered), 
 shall not be paid, either immediately after the 
 conviction or within such period as the said 
 justices shall at the time of _the conviction 
 appoint, they may commit the offender to the 
 common gaol or house of correction, there to 
 be imprisoned, with or without hard labour, for 
 any term not exceeding two months, unless such 
 fine and costs be sooner paid. 
 
 43. When any person shall be charged before Persons 
 two justices of the peace with an assault or °™^y'24d' 
 battery upon any male child whose age shall not assaults on 
 in the opinion of such justices exceed fourteen toys under 
 
 O This section effects a most important and judicious 
 alteration of the old law. By the 9 Geo. 4, o. 31, s. 27, 
 justices in the first instance could only impose a fine, and the 
 offender could be imprisoned only upon default of payment, 
 and that imprisonmeilt could not be accompanied with hard 
 labour. By the present section they have a discretion in the 
 first instance either to impose a fine or commit to prison with 
 or without hard labour. 
 
 Sard labour also may be given where a party is committed 
 to prison in default of payment of the fine. 
 
216 Oj^nces against the Person Act, 
 
 fourteen years, or upon any female, eitter upon the oom- 
 mayta'*^° plaint of the party aggrieved or otherwise, the 
 i™p™oned said justices, M the assault or battery is of such 
 an aggravated nature that it cannot in their 
 opinion be sufficiently punished under the pro- 
 visions hereinbefore contained as to common 
 assaults and batteries, may proceed to hear and 
 determine the same in a summai}' way, and, if 
 the same be proved, may convict the person 
 accused ; and every such offender shall be liable 
 to be imprisoned in the common gaol or house of 
 correction, with or without hard labour, for any 
 period not exceeding six months, or to pay a 
 fine not exceeding (together with costs) the sum 
 of twenty pounds, and in default of pa3Tnent to 
 be imprisoned in the common gaol or house of 
 correction for any period not exceeding six* 
 months, unless such fbe and costs be sooner paid, 
 and, if the justices shall so think fit, in any of 
 the said oases, shall be bound to keep tjie peace 
 and be of good behaviour for any period not 
 exceeding six months from the expiration of such , 
 sentence. 
 
 H the 44.(*) If the justices, upon the hearing of any 
 
 Smte8the° ^^°^ ^^^ °^ assault or battery upon the merits, 
 complaint, -^yhere the complaint was preferred by or on the 
 make^out a behalf of the party aggrieved, under either of the 
 ttat'effeot'" ^^^ ^^° preceding sections, shall deem the offence 
 
 (*) Cei'tlficate, when to he granted. — The granting of this 
 certificate is a ministerial act, and not a judicial one, and a 
 magistrate having heard a charge of assault and dismissed it 
 on any one of the grounds stated i^ bound to grant a certifi- 
 cate ; and it need not be applied for or drawn up in the 
 presence of the parties: (Haiicoeh v. Lowes, 28 L. J. M. 0. 
 196 i 33 L. T. Eep. 105.) The certificate need not be granted 
 immediately upon the dismissal of the complaint if not 
 applied for. If, however, it be granted immediately upon 
 being asked for, though the application for it is not until 
 some days after the hearing and dismissal, that is a sufficient 
 compliance with the section : QCosier v. Betherington, 28 L. J. 
 M. C. 198 i 33 L. T. Kep. 106.) Where, however, the case was 
 
24 Sf 25 Vkt. cap. 100. 217 
 
 not to be proved, or shall find the assault or 
 battery to have been justified, or so trifling as not 
 to merit any punishment, and shall accordingly 
 dismiss the complaint, they shall forthwith make 
 out a certificate under their hands stating the fact 
 of such dismissal, and shall deliver such certifi- 
 cate to the party against whom the complaint was 
 preferred. 
 
 45.(^) If any person against whom any such Oertifloate of 
 complaint as in either of the last three preceding aSau be™ 
 sections mentioned shall have been preferred by ''5f *" *°y 
 or on the behalf of the party aggrieved, shall proceedings, 
 have obtained such certificate, or, having been 
 convicted, shall have paid the whole amount 
 adjudged to be paid, or shall have suffered the 
 imprisonment or imprisonment with hard labour 
 awarded, in every such case he shall be released 
 from all further or other proceedings, civil or 
 criminal, for the same cause. 
 
 46. Provided, that in case the justices shall These 
 find the assault or battery complained of to have Jot™ apply 
 been accompanied by any attempt to commit to certain 
 felony, or shall be of opinion that the same is, 
 from any other circumstances, a fit subject for a 
 prosecution by indictment, they shall abstain from 
 any adjudication thereupon, and shaU deal with 
 
 dismissed in November and the certificate was not granted 
 until the following January it was held that it was no 
 bar to an action: (R. v. EoWmon, 12 Ad. & EU 672; 
 10 L. J. M. • 0. 9.) See this case observed upon by Lord 
 Campbell in Hancock v. Lowes (stipi-a). 
 
 (») SjJ)segueni indictment for manslaiugliier. — Although a 
 conviction of an assault is a bar to an indictment for felo- 
 niously stabbing upon the same trasnaotion (S^. v. Waiker, 
 2 M. & B. 446), or for unlawful wounding, or for an assault 
 occasioning actual bodily harm arising out of ^ the same 
 circumstances (Bey. v. Elfingtm, 9 Cox Crim. Caa. 86; 
 31 L. J. M. C. 56), it is not a bar to a subsequent mdictment 
 for manslaughter upon the death of the man assaulted con- 
 sequent upon the same assault : (Beg. V. Morris, 10 Cox Cnm. 
 Cas. 480; 36 L. J. M. 0. 84.) 
 
 L 
 
218 Offencis against the Person Act, 
 
 the case in all respects in the same manner as if 
 they had no authority finally to hear and determine 
 the same : pBovided also, that nothing herein 
 contained shall authorise any justices to hear and 
 determine any case of assault or battery in which 
 any question shall arise as to the title to any 
 lands, tenements, or hereditaments or any interest 
 therein or accruing therefrom, or as to any bank- 
 ruptcy or insolvency, or any execution under the 
 process of any court of justice. 
 
 Asaanlt ^7. Whosoever shall be convicted upon an in- 
 
 oooMioning dictment of any assault oefiasioning actual bodily 
 harm, shall be liable, at the discretion of the 
 court, to be kept in penal servitude for the term 
 of three years, or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 Common labour; and whosoever shall be convicted upon 
 assault. an indictment for a common assault shall be 
 liable, at the discretion of the court, to be impri- 
 soned for any term not exceeding one year, with 
 or without liard labour. 
 
 Hape, Abduction, and Defilement of Women. 
 
 iiape. 48.(^'') Whosoever shall be convicted of the 
 
 crime of rape .shall be guilty of felony, and being 
 
 ('") What amoimts to. — The proaeoutrix, with her baby in 
 her arms, was lying in bed between sleeping and waking, 
 and her husband was asleep beside her. She was completely 
 awakened' by a man having connexion with her and push- 
 ing the baby aside. Almost directly she was completely 
 awakened, she found the man was not her husband, and 
 she awoke him. Held, that a conviction for a rape upon 
 this evidence could not be sustained: (Reg. v. Barrow, 
 19 L. T. Bep. 293 ; Law Eep. 1 C. C. Kee. 1S6.) 
 
 Sape upon cm idiot. — Upon an indictment for rape, there 
 must be evidence that the connexion was against the will of 
 the female, or without her consent. In a case, therefore, of 
 , alleged rape upon an idiot girl, the only evidence being 
 
 that of the fact of the connexion aud the- imbecile state of 
 mind of the girl, aud there being no appearance of force 
 having been used, the Court held that there was no case to 
 go to the jury ; (Jteg. v. Fletcher, 14 L. T. Eep. 573.) 
 
24 ^ 25 Vict. mp. 100. 219 
 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for 
 life or for any term not less than three years, 
 or to be imprisoned for any term not exceeding 
 two years, with or withouthard labour. 
 
 49. Whosoever shall, by false pretences, false Procuring 
 representations, or other fraudulent means, pro- men^^ofW 
 cure any woman or girl under the age of twenty- under age. 
 one years to have illicit carnal connexion with 
 
 any man, shall be guilty of a misdemeanor, and 
 being convicted thereof shall be liable, at the 
 discretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 50. Whosoever shall unlawfully and carnally Oaraaiiy 
 know and abuse any girl under the age of ten ^°?una|r°' 
 ypars, shall be guilty of felony, and being con- <«n years of 
 victed thereof shall be liable, at the discretion of ^^°' 
 
 the court, to be kept in penal servitude for life or 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 51.0^) Whosoever shall unlawfully and carnally Camaiiy 
 
 knowing a 
 
 Rape upon an idiot— Suffidenoy of emdence. — The prisoner 
 was convicted of a rape upon the prosecutrix, who was an 
 apparent idiot. She proved the act done, and said that it 
 was wrong, but that she said nothing to the prisoner, and 
 that she did not do anything to him, and that she did not 
 like to hurt anybody. The constable told the prisoner that 
 he was charged with committing a rape upon the prosecu- 
 trix and against her will. The prisoner, in answer to that, 
 said, "Yes, I did, and I'm very sorry for it." Held, that 
 there was evidence to sustain the conviction ; (Reg. v. 
 Preesy, 17 L. T.Eep. 295.) 
 
 Attempting to oomfmt — Aidimg and abetting. — H. was indicted 
 for rape, and W. for aiding and abetting. Both were ac- 
 quitted of felony, but H. was found guilty of attempting to 
 commit the rape, and W. of aiding H. in the attempt. Held, 
 that W. was properly convicted : (Sej. v. Hapgoodand Wyatt, 
 21 L. T.'Eep. 679.) 
 
 (") Carnal Jmowledge o/agirlundertmelve— Assault — Indict- 
 ment.— A.V. indictment charged that G. in and upon D., a 
 
 l2 
 
offences. 
 
 220 Offences against the Person Act, 
 
 pri between know and abuse any girl being above tlxe age of 
 ten and ten years and under the age of twelve years sHall 
 twelve. jjg guilty of a sitnisdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 court, to be kept in penal servitude for the term 
 of three years, or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour. 
 
 Attempt to 52. Whosoever shall be convicted of any in- 
 last two decent assault upon any female, or of any attempt 
 to have carnal knowledge of any girl under 
 twelve years of age shall be liable, at the dis- 
 cretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 AMnetion gg. Where any woman of any age shall have 
 against her any interest, whether legal or equitable, present 
 motives'of °''^ future, absolute, conditional, or contingent, in 
 lucre. any real or personal estate, or shall be a presump- 
 
 tive heiress or coheiress, or presumptive next of 
 kin, or one of the presxmiptive next of kin, to any 
 one having such interest whosoever shall, from 
 motives of lucre, take away or detain such woman 
 
 girl above the age of ten, and under the age of twelve, 
 unlawfully did make an assault, and her, the said B., did 
 then unlawfully carnally know and abuse, against the form 
 of the statute. Held, that the indictment contained two 
 charges — one of a common assault, and the other of the 
 statutable misdemeanor, and that the prisoner might be 
 convicted of a common assault upon it : (Reg. v. Guthrie, 
 22 L. T. Eep. 485.) 
 
 Carnal hrwwledge ietwem. ten and twelve — Attempt* — Upon 
 an indictment for unlawfully assaulting and having carnal 
 knowledge of a girl between ten and twelve years of age, 
 contrary to the statute, &o., the prisoner may be convicted 
 of the attempt to commit that offence: (Beg. v. Rylmd. 
 18 L. T. Eep. 538.) 
 
 Girl between ten and twelve — Consent. — An indecent assault 
 on a girl between the ages of ten and twelve, if she is a 
 consenting party, is not an offence punishable at law : [Beg. 
 V. Johnson, 12 L. T. Eep. 603; 34 L. J. M. 0. 192; 10 Cox 
 Crim. Cas. 114.) 
 
24 ^ 25 Vict. cap. 100. 221 
 
 against her will, with intent to marry or carnally 
 know her, or to cause her to be married or 
 carnally known by any other person ; and who- Fraudnlent 
 soever shall fraudulently allure, take away, or a'rfri'JiSde? 
 detain such woman, being under the age of twenty- age against 
 one years, out of the possession and against the he? Sher, 
 will of her father or mother, or of any other *"• 
 person having the lawful care or charge of her, 
 with intent to marry or carnally know her, or to 
 cause her to be married or carnally known by any 
 other person, shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour, and whosoever shall be convicted of oitender 
 any offence against this section shall be incapable taking any 
 of taking any estate or interest, legal or equitable, "J^pl^ 
 in any real or personal property of such woman, 
 or in which she shall have any such interest, or 
 which shall come to her as such heiress, coheiress, 
 or next of kin as aforesaid ; and if any such 
 marriage as aforesaid shall have taken place, such 
 property shall, upon such conviction, be settled 
 in such manner as the Court of Chancery in 
 England or Ireland shall upon any information at 
 the suit of the Attorney-General appoint. 
 
 54. Whosoever shall, by force, take away or Forcible 
 detain against her wiU any woman, of any age, aDy"womau 
 with intent to marry or carnally know her, or to with intent 
 cause her to be married or carnally known by any "^ "^ 
 other person, shall be guilty of felony, and being 
 convicted thereof shall be liable, at the discretion 
 of the court, to be kept in penal servitude for any 
 term not exceeding fourteen years and not less 
 than three years, — or to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
222 fences against the Person Act, 
 
 Abduotionof 55. ('^) Whosoever shall unlawfully take or cause 
 s^ixteen""**"^ to be taken any unmarried girl, being under tlie 
 yearaof age. age of sixteen years, out of the possession and 
 against the will of her father or mother, or of 
 any other person having the lawful care or charge 
 of her, shall be guilty of a misdemeanor, and 
 being convicted thereof shall be liable, at the dis- 
 
 ('^. What not a tajdng ml of the fathei's possession. — The 
 prisoner met a girl under sixteen years of age in a street, 
 and induced her to go with him to a place at some distance, 
 where he seduced her, and detained her for some hours. He 
 then took her back to where he met her, and she returned to 
 her father. Held, in the absence of any evidence that the pri- 
 soner knew, pr had reason for knowing, or that he believed 
 that the gM was under the care of her father at the time, 
 that a conviction under sect. 55 could not be sustained: 
 (Beg. V. Eiblert, 19 L. T. Bep. 799 ; Law Eep. 1 0. 0. Bes. 
 1840 
 
 TaMng out of possession of father or mother — Stepfather. — 
 A girl between the ages of sixteen and twenty-one years, 
 entitled to a present interest in landed property, was sent to 
 school by her surviving parent, her mother, who had married 
 again. On returning from school for her Christmas holi- 
 days, the girl wished to remain at her mother's and step- 
 father's, but her mother insisted on the girl abiding by an 
 agreement she had made previously, that when she came 
 back at Christmas she should reside at her grandmother's, 
 who lived in the same town as her mother. The mother, in 
 consequence,, refused to allow the girl to stay with her. 
 The girl on this, instead of going to her grandmother's, 
 went to the house of H. B. B., an uncle, and remained with 
 him thence until the 19th of the following January, visiting 
 her mother daily. The latter, when she discovered where 
 her daughter was residing, desired her to come back to her 
 house, but the girl did not go back. On the 19th of January 
 above mentioned, F. B., another uncle of the girl, allured 
 her and took her away with intent to marry her, aided by 
 H. H. B. ; and, in fact, V. B. actually married her. F. B. 
 was indicted for fraudulently alluring, taking away, and 
 detaining the girl out of the possession of her mother, with 
 intent to marry her, and H. B. B, was indicted for aiding 
 P. B. in the felony. It was alleged on the part of the prose- 
 cution, but denied by the prisoners, that on these facts there 
 was sufScient evidence that F. B. fraudulently allured and 
 took and detained the girl, and that he took her out of the 
 possession of her mother. Held, by a majority of the judges, 
 that the circumstances proved were not in point of fact 
 sufficient to establish that the accused had committed 
 the crime charged in the indictment: (Rm. v. BurreU, 
 33 L. J. M. 0. 54 i 9 L. T. Bep. 426.) 
 
24 4- 25 Viet cap. 100. 223 
 
 oretion of the court, to be imprisoned for any 
 term not exceeding two years, with or without 
 hard labour. 
 
 Child-stealing. 
 56. Whosoever shall unlawfully, either by ohiia- 
 force or fraud, lead or take away, or decoy or stealing, 
 entice away or detain, any child under the age of 
 fourteen years, with intent to deprive any parent, 
 guardian, or other person having the lawful care 
 or charge of such child of the possession of such 
 child, or with intent to steal any article upon or 
 about the person of such child, to whomsoever 
 such article may belong, and whosoever shall, 
 with any such intent, receive or harbour any such 
 child, knowing the same to have been, by force 
 or fraud, led, taken, decoyed, enticed away, or 
 detained as in this section before mentioned, shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to 
 be kept in penal servitude for any term not 
 exceeding seven years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour, 
 and, if a male under the age of sixteen years, with 
 or without whipping : provided that no person 
 who shall have claimed any right to the possession 
 of such child, or shall be the mother or shall have 
 claimed to be the father of an illegitimate child, 
 shaU be liable to be prosecuted by virtue hereof 
 on account of the getting possession of such child 
 or taking such child out of the possession of any 
 person having the lawful charge thereof. 
 
 Bigamy. 
 57.('') Whosoever, being married, shall marry Bigamy 
 any other person during the life of the former 
 
 . (") Onus of proof of first imfe or husband being alive at 
 the time of the second marriage. — On a prosecution for bigamy 
 it is incumbent on the prosecutor to prove that the husband 
 
224 fences against the Person Act, 
 
 Offence may 
 lie dealt vritli 
 where 
 offender 
 shall be 
 apprehended 
 
 Not to 
 extend to 
 second 
 marriages, 
 &c., herein 
 stated. 
 
 husband or wife, whether the second marriage 
 shall have taken place in England or Ireland or 
 elsewhere, shall be guilty of felony, and being con- 
 victed thereof sh'all be liable, at the discretion of 
 the court, to be kept in penal servitude for any 
 term not exceeding seven years and not less than 
 three years, — or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour ; and any such offence may be dealt with, 
 inquired of, tried, determined, and punished in 
 any county or place in England or Ireland where 
 the offender shall be apprehended or be in custody, 
 in the same manner in all respects as if the 
 offence had been actually committed in that 
 county or place : provided that nothing in this 
 section contained shall extend to any second mar- 
 riage contracted elsewhere than in England and 
 Ireland by any other than a subject of Her 
 Majesty, or to any person marrying a second time 
 whose husband or wife shall have been continually 
 absent from such person for the space of seven 
 years then last past, and shall not have been 
 known by such person to be living within that 
 time, or shall extend to any person who, at the 
 time of such second marriage, shall have been 
 
 or wife, as the case may be, was alive at the date of the 
 second marriage. The existence of the party at an antece- 
 dent period may or may not afford a reasonable inference 
 that he or she tvas alive at the date of the second marriage ; 
 but it is purely a question of fact for the jury : (Reg. v. Lumlm, 
 20 L. T. Eep. 454 ; 38 L. J. M. C. 86.) 
 
 Knowledge ofthejirst wife heing alive— Dii'ecticms to the jury. 
 — In 1863 the prisoner married Mary Ann Bichards, and 
 lived with her about a week, and then left her. It was not 
 proved that he had since seen her. In 1867 he married 
 Blizabeth Evans, his first wife being then alive. On the 
 trial of an indictment for bigamy, the learned judge told the 
 jury that they must be satisfied that the prisoner knew that 
 his first wife was alive at the time of the second marriage. 
 Held, that the direction of the judge to the jury was right, 
 and that it was not necessary to prove affirmatively that at 
 the time of the second marriage the prisoner knew that his 
 first wife was alive : (flej. v. Jones, 21 L. T. Rep. 396.) 
 
24 4- 25 Vict. cap. 100. 225 
 
 divorced from tlie bond of the first marriage, or 
 to any person whose former marriage shall have 
 been declared void by the sentence of any court of 
 competent jurisdiction. 
 
 Attempts to procure Abortion. 
 
 58. Every woman, being with child, who, with AdminiBter- 
 intent to procure her own miscarriage, shaU un- i"fng™^^! 
 lawfjiUy administer to herself any poison or other ments to 
 noxious thing, or shall unlawfully use any instru- SbSon. 
 ment or other means whatsoever with the like 
 intent, and whosoever, with intent to procure the 
 miscarriage of any woman, whether she be or be 
 not with child, shall unlawfully administer to her 
 or cause to be taken by her any poison or other 
 noxious thing, or shall unlawfully use any instru- 
 ment or other means whatsoever with the like 
 intent, shall be guilty of felony, and being con- 
 victed thereof shall be liable, at the discretion of 
 the court, to be kept in penal servitude for life or 
 for any term not less than three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 59.(^^) Whosoever shall unlawfully supply or Procuring 
 procure any poison or other noxious thing, or any ^^f^' ° ' 
 
 (") Noxious thing— Supplying — Intenl. — Under sect. S9 of 
 the 24 & 2li Vict. c. 100, the thing supplied with intent to 
 procure the miscarriage of a woman with child, must be 
 noxious in its nature. Therefore, where the thing supplied 
 and taken was of a harmless character, but owing to the 
 imagination of the woman being powerfully acted upon, a 
 miscarriage ensued, it was held that.a conviction could not 
 be sustained: (iJ. v. Isaacs, 7 L. T. Kep. 365; 32 L. J. M. 0. 
 52.) 
 
 Abmiion— Attempt to procure — Supplt/ing drug. — The de- 
 ceased woman became pregnant by the prisoner and died 
 from the effects of corrosive sublimate, taken by her for the 
 purpose of procuring abortion. The prisoner knowingly 
 procured it for the deceased at her instigation, and under the 
 influence of threats of self-destruction if the means of pro- 
 curing abortion were not supplied to her. The jury nega- 
 
 l3 
 
22(5 Offences against the Person Act,. 
 
 instrument or thing whatsoever, knowing that the 
 same is intended to be unlawfully used or 
 employed with intent to procure the miscar- 
 riage of any woman, whether she be or be not 
 with child, shall be guilty of a misdemeanor, 
 and being convicted thereof shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for the term of three years, — or to be 
 imprisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 Concealing the Birth of a Child. 
 
 Concealing 60.('*) If any woman shall be delivered of achild, 
 
 a child. " every person who shall, by any secret disposition 
 
 of the dead body of the said child, whether such 
 
 child died before, at, or after its birth, endeavour 
 
 to conceal the birth thereof, shall be guilty of a 
 
 tived \^Q fact of the prisoner having administered it, or 
 caused it to be taken by her. Held, that the prisoner was 
 not guilty of murder as an accessory before the fact : (ifeo. v. 
 Tretwett,6 L. T. Eep. 333; 31 L. J. M. C. 146.) 
 
 /Supplying noxious di-ug. — A person supplying a noxious 
 drug to a woman with the intent that the woman should 
 take it for the purpose of procuring a miscarriage, is guilty 
 of a misdemeanor under this section, although the woman 
 herself did not intend to take it: (Reg. y. Hillman, 9 Cox 
 Crim. Caa. 386; Leigh and Cave, 343.) 
 
 (") Concealing a live child. — A woman delivered of a child 
 born alive, endeavoured to conceal the birth thereof by 
 depositing the child while alive in a comer of a field, leaving 
 the infant to die from exposure, which it did, and the dead 
 body was afterwards found in the corner. Held, that she 
 could not be convicted of concealing the birth of the child 
 under sect. 60, which relates to the secret disposition of the 
 dead body of a child: (Reg. v. May, 16 L. T. Eep. 362.) 
 
 What is a concealment. — What is a secret disposition of the 
 dead body of a child within the meaning of sect. 60 is a 
 question for the jury depending on the circumstances of the 
 particular case. Where the dead body of a child was thrown 
 into a field over a wall four and a-half feet high, separating 
 the yard of a public-house from the field, and a person look- 
 ing over the wall from the yard might have seen the body, 
 but persons going through the yard, or using it in the ordi- 
 nary way, would not, it was held that this was evidence 
 from which the jury might infer a secret disposition of the 
 body: (Reg. v. Brown, 22 L. T. Bep. 484.) 
 
24 ^ 25 Vict. cap. 100. 227 
 
 misdemeanor, and being convicted thereof shall be 
 liable, at the discretion of the court, to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour : provided that if 
 any person tried for the murder of any child shall 
 be acquitted thereof, it shall be lawful for the 
 jury by whose verdict such person shall be ac- 
 quitted to find, in case it shall so appear in 
 evidence, that the child had recently been born, 
 and that such person did, by some secret disposi- 
 tion of the dead body of such child, endeavour to 
 conceal the birth thereof, and thereupon the court 
 may pass such sentence as if such person had 
 been convicted upon an indictment for the 
 concealment of the birth. 
 
 Unnatural Offences. 
 
 61. Whosoever shall be convicted of the sodomy ana 
 abominable crime of buggery, committed either ii89''*'''y. , 
 with mankind or with any animal, shall be liable, 
 
 at the discretion of the court, to be kept in penal 
 servitude for life or for any term not less than 
 ten years. 
 
 62. Whosoever shall attempt to commit the Attempt to 
 said abominable crime, or shall be guilty of any °n™moaB° 
 assault with intent to commit the same, or of any crime, 
 indecent assault upon any male person, shall be 
 guilty of a misdemeanor, and being convicted 
 thereof shall be liable, at the discretion of the 
 
 court, to be kept in penal servitude for any term 
 not exceeding ten years and not less than three 
 years, — or to be imprisoned for any term not 
 exceeding two years, with or without hard labour. 
 
 63. Whenever, upon the trial for any offence oamal 
 punishable under this act, it may be necessary to a^^Jd^* 
 prove carnal knowledge, it shall not be necessary 
 
 to prove the actual emission of seed in order to 
 constitute a carnal knowledge, but the carnal 
 
228 Offences against the Person Act, 
 
 knowledge shall be deemed complete upon proof 
 of penetration only. 
 
 Making Gunpowder to commit Offences, and 
 searching for the same. 
 
 Making or 64. Whosoever stall knowingly have in his 
 gunMwder possession, or make or manufacture, any gun- 
 fte., with ' powder, explosive substance, or any dangerous or 
 
 intent to ^ . , , .^ •■ . ■ ■ i. 
 
 commit any noxious thmg, Or any macnme, engine, mstniment, 
 '^'"py , . or thing, with intent by means thereof to commit, 
 act. or for the purpose of enabling any other person to 
 
 commit, any of the felonies in this act mentioned, 
 shall be guilty of a misdemeanor, and being con- 
 victed thereof, shall be liable at the discretion of 
 the court, to be imprisoned for any term not ex- 
 ceeding two years, with or without hard labour, 
 and with or without solitary confinement, and, if 
 a male under the age of sixteen years, with or 
 without whipping. 
 
 JnsHoesmay 65. Any justice of the peace of any county or 
 
 warrants for place in which any such gunpowder, or other 
 
 eearehing explosive, dangerous, or noxious substance, or 
 
 nouseB, &c., ., t ii- . . 
 
 in whioii thing, or any such macmne, engine, mstrument, 
 
 BuStmMB °'' *1™& is suspected to be made, kept, or carried 
 are bus- for the purpose of being used in committing any 
 made for the °^ ^he felonies in this act mentioned, upon reason- 
 oor^ttto *^^® cause assigned upon oath by any person, 
 felonies may issue a warrant under his hand and seal 
 against this f^^ searching, ia the daytime, any house, mill, 
 magazine, storehouse, warehouse, shop, cellar, 
 yard, wharf, or other place, or any carriage, 
 waggon, cart, ship, boat or vessel, in which the 
 same is suspected to be made, kept, or carried for 
 such purpose as hereinbefore mentioned ; and 
 every person acting in the execution of any such 
 warrant shall have, for seizing, removing to proper 
 places, and detaining all such gunpowder, explo- 
 sive, dangerous, or noxious substances, machines, 
 engines, instruments, or things found upon such 
 
24 ^ 25 Vict. cap. 100. 229 
 
 search, wliioli lie shall have good cause to suspect 
 to be intended to be used in, committing any such 
 offence, and the barrels, packages, cases, and 
 other receptacles in which the same shall be, the 
 same powers and protections which are given to 
 persons searching for unlawful quantities of gun- 
 powder under the warrant of a justice by the act 
 passed in the session holden in the twenty-third 
 and twenty-fourth years of the reign of Her 
 present Majesty, chapter one hundred and thirty- 
 nine, intituled " An Act to amend the Law con- as ft 24 vict. 
 cerning the making, keeping, and carriage of "-i'^- 
 Gunpowder and Compositions of an explosive 
 nature, and concerning the Manufacture, Sale, and 
 Use of Fireworks." 
 
 Other Matters. 
 
 66. Any constable or peace oflScer may take a peraon 
 into custody, without a warrant, any person whom JSght" nd' 
 he shall find lying or loitering in any highway, Buspeotea of 
 yard, or other place during the night, and whom againsttt^a 
 he shall have good cause to suspect of having ^°'' ™*y ^^ 
 committed or being about to commit any felony bended. 
 
 in this act mentioned, and shall take such person 
 as soon as reasonably may be before a justice 
 of the peace, to be dealt with according to law. 
 
 67. In the case of every felony punishable Punishment 
 under this act, every principal in the second ?^,^gg°*„^ 
 degree, and every accessory before the fact, shall degree, and 
 be punishable m the same manner as the principal 
 in the first degree is by this act punishable ; and 
 every accessory after the fact to any felony punish- 
 able under this act (except murder) shall be liable 
 to be imprisoned for any term not exceeding two 
 years, with or without hard labour; and every 
 accessory after the fact to murder shall be liable, 
 at the discretion of the court, to be kept in penal 
 servitude for life or for any term not less than 
 three years, or to be imprisoned for any term not 
 
 accesBones. 
 
230 Offences against the Person Act, 
 
 exceeding two years, with or without hard labour ; 
 and whosoever shall counsel, aid, or abet the 
 commission of any indictable misdemeanor punish- 
 able under this act shall be liable to be proceeded 
 against, indicted, and punished as a principal 
 offender. 
 
 OHenoeB 68. All indictable offences mentioned in this 
 
 ^^™Ae act which shall be committed within the juris- 
 ^t'the'"''™ diction of the Admiralty of England or Ireland 
 Admiralty, shall be deemed to be offences of the same nature 
 and liable to the same punishments as if they 
 had been committed upon the land in England or 
 Ireland, and may be dealt with, inquired of, 
 tried, and determined in any county or place in 
 England or Ireland in which the offender shall be 
 apprehended or be in custody, in the same manner 
 in all respects as if they had been actually com- 
 mitted in that county or place ; and in any in- 
 dictment for any such offence, or for being an 
 accessory to such an offence, the venue in the 
 margin shall be the sam.e as if the offence had 
 been committed in any such county or place, and 
 the offence shall be averred to have been com- 
 mitted " on the High Seas :" provided that 
 nothing herein contained shall alter or affect any 
 of the laws relating to the government of Her 
 Majesty's land or naval forces. 
 
 Hardiabonr 69. Whenever imprisonment, with or without 
 
 in gaol or Jiari labour, may be awarded for any indictable 
 
 oon-eoiioD. offence under this act, the court may sentence the 
 
 offender to be imprisoned, or to be imprisoned and 
 
 kept to hard labour, in the common gaol or house 
 
 of correction. 
 
 Solitary 70. Whenever solitary confinement may be 
 
 oonflnement awarded for any offence under this act, the court 
 
 whipping, may direct the offender to be kept in solitary 
 
 confinement for any portion or portions of any 
 
24 ^ 25 Vict. cap. 100. 231 
 
 imprisonment, or of any imprisonment with hard 
 labour, which the court may award, not exceeding 
 one month at any one time, and not exceeding 
 three months in any one year ; and whenever 
 whipping may be awarded for any offence under 
 this act, the court may sentence the offender to 
 be once privately whipped ; and the number of 
 strokes, and the instrument with which they 
 shall be inflicted, shall be specified by the court 
 in the sentence. 
 
 71.('®) Whenever any person shall be con- Pine, and 
 victed of any indictable misdemeanor punishable I'jSg the 
 under this act, the court may, if it shall think fit, peace; in 
 in addition to or in lieu of any punishment by ^''°'* ''^"°^' 
 this act authorised, fine the offender, and require 
 him to enter into his own recognisances, and 
 to find sureties, both or either, for keeping the 
 peace and being of good behaviour ; and in case 
 of any felony punishable under this act otherwise 
 than with death the court may, if it shall think 
 fit, require the offender to enter into his own 
 recognisances, and to find sureties, both or either, 
 for keeping the peace, in addition to any punish- 
 ment by this act authorised : provided that no 
 person shall be imprisoned for not finding sureties 
 under this clause for any period exceeding one 
 year. 
 
 72. No summary conviction under this act no cer- 
 tiorari, &c 
 
 (i«) The power given by this section to the court to impose 
 a fine in lien of anv other punishment in all cases of misde^ 
 meanor under the act, is certainly a most extensive one, and 
 in effect amounts to a bestowal of unlimited powers of miti- 
 gation of punishment, and when we find that unlawfully 
 and maliciously wounding, maliciously administering poison 
 with intent to injure, abandoning a child so that its life shall 
 be endangered, assaulting with intent to commit a felony, 
 carnally knowing agirl between ten and twelve years of age, 
 attempting to commit an unnatural crime, are all misde- 
 meanors under the statute, the powers thus given to impose 
 a fine in lieu of any other punishment looks very like 
 jesting with criminal punishmentB. 
 
232 Offences against the Person Act, 
 
 shall be quashed for want of form, or be removed 
 by certiorari to any of Her Majesty's superio 
 courts of record ; and no warrant of commitment 
 shall be held void t)y reason of any defect therein, 
 provided it be therein alleged that the party has 
 been convicted, and there be a good and valid 
 conviction to sustain the same. 
 
 Qnardiana 73. Where any complaint shall be made of any 
 
 seerB°mttyije offence against section twenty-six of this act, or 
 
 required to of any bodily injury inflicted upon any person 
 
 certain oases under the age of sixteen years, for which the 
 
 a' atast'tMs P^^J Committing it is liable to be indicted, and 
 
 act the circumstances of which offence amount in 
 
 point of law to a felony, or an attempt to commit 
 
 a felony, or an assault with intent to commit 
 
 a felony, and two justices of the peace before 
 
 whom such complaint is heard shall certify under 
 
 their hands that it is necessary for the purposes 
 
 of public justice that the prosecution should be 
 
 conducted by the guardians of the union or place, 
 
 or, where there are no guardians, by the overseers 
 
 of the poor of the place, in which the offence 
 
 shall be charged to have been committed, such 
 
 guardians or overseers, as the case may be, upon 
 
 Costs of personal service of such certificate or a duplicate 
 
 proseoutiou. thereof upon the clerk of such guardians or upon 
 
 any one of such overseers, shall conduct the 
 
 prosecution, and shall pay the costs reasonably 
 
 and properly incurred by them therein (so far as 
 
 the same shall not be allowed to them under any 
 
 order of any court) out of the common fund of the 
 
 union, or out of the funds in the hands of 
 
 the guardians or overseers, as the case may be ; 
 
 and, where there is a board of guardians, the 
 
 Clerk of clerk or some other officer of the union or place, 
 
 may be and, where there is no board of guardians, one of 
 
 top™eciite. ^^^ overseers of the poor, may, if such justices 
 
 think it necessary for the purposes of public 
 
 justice, be bound over to prosecute. 
 
24 ^ 25 Vict, cap. 100. 233 
 
 74. Where any person shall be convicted on On a 
 any indictment of any assault, whether with or fo°l8sau°t 
 without battery and wounding, or either of them, tiie oourt 
 such person may, if the court think fit, in addi- payment 
 tion to any sentence which the court may deem p5^3gg;ito,.a 
 proper for the offence, be adjudged to pay to costs by the 
 the prosecutor his actual and necessary cost and * ™ °'° 
 expenses of the prosecution, and such moderate 
 allowance for the loss of time as the court shall 
 
 by affidavit or other inquiry and examination 
 ascertain to be reasonable ; and, unless the sum 
 so awarded shall be sooner paid, the offender shall 
 be imprisoned for any term the court shall award, 
 not exceeding three months, in addition to the term 
 of imprisonment (if any) to which the offender 
 may be sentenced for the offence. 
 
 75. The court may, by warrant under hand Such coats 
 and seal, order such sum as shall be so awarded levied by 
 to be levied by distress and sale of the goods and '^^^s''- 
 chattels of the offender, and paid to the prose- 
 cutor, and that the surplus, if any, arising from 
 
 such sale, shall be paid to the owner ; and in case 
 such sum shall be so levied the imprisonment 
 awarded untU payment of such sum shall there- 
 upon cease. 
 
 76. Every offence hereby made punishable on Summaiy 
 summary conviction may be prosecuted in England in England 
 in the manner directed by the act of the session ^^/gj'^g 
 holden in the eleventh and twelfth years of ii & 12 Vict 
 Queen Victoria, chapter forty-three, and may be Ji'ir'ei^a 
 prosecuted in Ireland before two or more justices ^^f^*^. , 
 of the peace, or one metropolitan or stipendiary 0. as. 
 magistrate, in the manner directed by the act of 
 
 the session holden in the fourteenth and fifteenth 
 years of Queen Victoria, chapter ninety-three, 
 or in such other manner as may be directed by 
 any act that may be passed for like purposes ; and 
 all provisions contained in the said acts shall be 
 applicable to such prosecutions in the same 
 
234. Offences against the Person Act. 
 
 manner as if they were incorporated in this act ; 
 provided that nothing in this act contained shall 
 in any manner alter or affect any enactment now 
 in force relating to procedure in the case of any 
 offence punishable on summary conviction within 
 the City of London or the Metropolitan Police 
 District or the recovery or application of any 
 penalty or forfeiture for any such offence. 
 
 77. The court before which any misdemeanor 
 indictable under the provisions of this act shall be 
 prosecuted or tried may allow the costs of the pro- 
 secution in the same manner as in cases of felony ; 
 and every order for the pajrment of such costs 
 shall be made out, and the sum of money men- 
 tioned therein paid and repaid, upon the same 
 terms and in the same manner in all respects as in 
 cases of felony. 
 
 Act not to 78. Nothing in this act contained shall extend 
 loo™ana! ^° Scotland, except as hereinbefore otherwise 
 expressly provided. 
 
 Commence- 79. This act shall commence and take effect on 
 mentofacti the first day of November one thousand eight 
 hundred and sixty-one. 
 
 Except In 
 London and 
 the metro- 
 politan 
 police dis- 
 trict. 
 
 The costs 
 of tbe 
 prosecution 
 of miade- 
 meanors 
 against 
 this act 
 may be 
 allowed 
 
235 
 
 Statutes aitir ^arts of Statutes 
 
 RELATING TO THE 
 
 CRIMINAL LAW, 
 
 OTHBK THAN 
 
 THE CBIMINAL LAW CONSOLIDATION ACTS. 
 
 ADMIEALTY COTJET JUEISDICTION ACT. 
 (24 ViOT. OAP. 10.) 
 
 An Act to extend the Jurisdiction and improve 
 the Practice of the High Court of Admiralty. — 
 
 \l7th May, 1861.] Faleeoathof 
 
 Sect. 26. The Eegistrar of the said Court of deemed 
 Admiralty shaU have power to administer oaths P^''J"'7- 
 in relation to any cause or matter depending in 
 the said court ; and any person who shall wilfully 
 depose or affirm falsely in any proceeding before 
 the registrar or before any deputy or assistant 
 registrar of the said court, or before any person 
 authorised to administer oaths in the said court, 
 shall be deemed to be guilty of perjury, and shall 
 be liable to aU the paias and penalties attaching 
 to wilful and corrupt perjury. 
 
236 
 
 24 ^ 25 Vict. cap. 66, 
 
 PersoDB 
 refusing 
 from con- 
 BcientiouB 
 motiveB to 
 be sworn in 
 criminal 
 proceedings 
 to be 
 permitted to 
 
 solemn 
 affirmation 
 or decla- 
 ration. 
 
 CRIMINAL PEOOEEDINGS OATH BELIEF 
 ACT. 
 
 (24 & 25 ViOT. CAP. 66.) 
 
 An Act to give Relief to Persons who may refuse 
 or be unwilling, from alleged conscientious 
 Motives, to be sworn in Criminal Proceedings. 
 [1st August, 1861.] 
 
 Whebeas it is expedient to grant relief to persons 
 ■wto may refuse or be unwilling, from alleged 
 conscientious motives, to be sworn in criminal 
 proceedings : be it therefore enacted by the 
 Queen's most excellent Majesty, by and with the 
 advice /and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the 
 same as foUows : 
 
 l.C) If any person called as a witness in any 
 court of criminal jurisdiction in England or 
 Ireland, or required or desiring to make an 
 affidavit or deposition in the course of any 
 criminal proceeding, shall refuse or be unwilling, 
 from alleged conscientious motives, to be sworn, 
 it shall be lawful for the court or judge, or other 
 presiding officer or person qualified to take affi- 
 davits or depositions, upon being satisfied of the 
 sincerity of such objection, to permit such person, 
 instead of being sworn, to make his or her solemn 
 affirmation or declaration, in the words following : 
 videlicit, 
 
 " I A.B., do solemnly, sincerely, and truly affirm 
 and declare, that the taking of any oath is 
 according to my religious beUef unlawful ; and 
 I do also solemnly, sincerely, and truly affirm 
 and declare," &c. 
 
 (') See, also, 23 & 24 Vict. o. 68, s. 4. 
 
24 ^ 25 Vict. cap. 110. 237 
 
 Which solemn afiSrmation and declaration shall be 
 of the same force and effect as if such person had 
 taken an oath in the usual form. 
 
 2. If any person making such solemn afiSrma- PimiBiiment 
 tion or declaration shall wilfully, falsely, and (aL™* ""^ 
 corruptly afBrm or declare any matter or thing afarmation. 
 which, if the same had been sworn in the usual 
 
 form, would have amounted to wilful and corrupt 
 perjury, every such person so offending shall incur 
 the same penalties as by the laws and statutes of 
 this kingdom are or may be enacted or provided 
 against persons convicted of wilful and oprrupt 
 perjury. 
 
 3. This act shall come into operation on the Commence- 
 first day of October in the year one thousand 
 
 eight hundred and sixty-one. 
 
 DEALERS IN OLD METALS ACT. 
 
 (24 & 25 ViOT. CAP. 110.) 
 
 An Act Jor regulating the Business of Dealers in 
 old Metals. — [6th August, 1861.] 
 
 Sect. 3.0) In the construction and for the pur- Definition 
 poses of this act the term "dealer in old metals " ° ''™'' 
 shall mean any person dealing in, buying, and 
 selling old metal, scrap metal, broken metal, or 
 partly manufactured metal goods, or defaced or 
 old metal goods, and whether such person deals in 
 such articles only, or together with second-hand 
 goods or marine stores, and the term " old metals" 
 shall mean the said articles. 
 
 4. It shall be lawful for any justice of the Penalty on 
 
 dealer in 
 
 (1) See, also, 32 & 33 Vict. u. 99, s. 17. 
 
238 
 
 Deahrs in Old Metals Act, 
 
 old metals 
 beiDg in 
 possession 
 of stolen 
 property. 
 
 peace, upon complaint made before him, upon oath, 
 that the. complainant has reason to believe and 
 does believe that any old metal stolen or unlawfully 
 obtained is kept in any house, shop, room, or place 
 by any dealer in old metals within the limits of 
 the jurisdiction of su6Ja. justice, to give authority, 
 by special warrant, to any constable or police 
 officer to enter, in the daytime, such house, shop, 
 room, or other place, with such assistance as may 
 be necessary, and to search for and seize all such 
 old metals there found, and to carry all the 
 articles so seized before the justice issuing the said 
 warrant, or some other justice exercising similar 
 jurisdiction, and such justice shall thereupon 
 issue a summons requiring such dealer to appear 
 before two justices, at a time and place to be 
 named in such summons, and if such dealer shall 
 not then and there prove to the satisfaction of such 
 justices how he came by the said articles, or if 
 any such dealer shall be found, in possession of 
 any old metal which has been stolen or unlawfully 
 obtained, and on his being taken or summoned 
 before two justices it shall be proved to the satis- 
 faction of such justices that at the time when he 
 received it he had reasonable cause to believe it to 
 have been stolen or unlawfully obtained, then in 
 either of such cases such dealer shall be liable to 
 a penalty not exceeding five pounds, and for any 
 subsequent offence .to a penalty not exceeding 
 twenty pounds, or at the discretion of the justices 
 in the case of such second or subsequent offence 
 shall be imprisoned and kept to hard labour for 
 any period not exceeding three calendar months : 
 provided always, that nothing herein contained 
 shall interfere with or affect any proceeding by 
 indictment to which such dealer in old metals 
 may be liable for feloniously and knowingly 
 receiving stolen goods, but no person shall be 
 prosecuted by indictment and proceeded against 
 under this act for the same offence. 
 
24 ^ 26 Vict. cap. 110. 239 
 
 5. When any dealer in old metals is convicted Jusaoeemay 
 of either of the. offences aforesaid, it shall be to be 
 lawful for such justices, or, on proof of such con- registered, 
 viotion, for any other two justices of the same 
 petty sessional district of a county, or city or 
 borough, on proof of such' conviction, to order 
 and direct that such dealer shall be registered at 
 the principal police office of such district or city 
 or borough in a book to be kept by the chief 
 ofBcer of police for the purpose, according to the 
 form No. 1 in the schedule to this act annexed, 
 and from and after such registration such dealer 
 shall be subject to and shall conform to the 
 several regulations hereinafter provided, for such 
 period, not exceeding three years, as such justices 
 shall order ; and if such dealer shall during such 
 period be convicted of any offence under this act, 
 the justices so convicting him may order such 
 period to be extended for not more than three 
 years from the time when such period would 
 otherwise expire ; and in like manner, whilst 
 such dealer is subject to the regulations of this 
 act, on any further conviction under this act, and 
 as often as such further conviction shall take 
 place, the justices so convicting him may order 
 the period for which he is then subject to such 
 regulations to be extended for not more than 
 three years from the time when such period 
 would otherwise expire : provided always, that 
 where any dealer in old metals who is also a 
 dealer in marine stores within the meaning of the 
 four hundred and eightieth section of the Mer- 
 chant Shipping Act, 1854, is registered as afore- 
 said, he shall likewise conform to the regulations 
 contained in the said section of the said act, and 
 shall be liable to the penalties in the said section 
 provided for not conforming to such regulations. 
 
240 Discharged Prisoners Aid Act, 
 
 SCHEDULE. 
 No. I. — REaiSTEB OP Dealers in old Metals. 
 
 Date of 
 BegiBtration 
 
 Date of 
 Gonvictiou, 
 
 Period for which 
 
 to he subject to 
 
 BegulatioDS of 
 
 this Act 
 
 Name. 
 
 Place of 
 Abode and 
 BusinesB, 
 
 DISCHAEGED PEISONEES AH) ACT. 
 
 (25 & 26 ViOT. CAP. 44.) 
 
 An Act to amend, the Law relating to the giving 
 of Aid to discharged Prisoners. — \Vlth July, 
 1862.] 
 
 Whereas by tlie tMrty-nintli section of an act 
 passed in tlie session holden in the fourth year 
 of King George the Fourth, chapter sixty-four, 
 intituled " An Act for consolidating and amending 
 the Laws. relating to the building, repairing, and 
 regulating of certain Gaols and Houses of Cor- 
 rection in England and Wales," and hereinafter 
 referred to as " The Gaol Act," it is provided 
 that it should be lawful for any one or more of 
 the visiting justices of any prison to which that 
 act extended, from whence any prisoner should be 
 discharged, to direct that such moderate sum of 
 money shoiild be given and paid to any and every 
 such prisoner so discharged who should not have 
 the means of returning to his or her family or 
 place of settlement, or resorting to any place of 
 employinent or honest occupation, as, in the 
 judgment of such justice or justices, should be 
 
25 ^ 26 Vict. cap. 44. 241 
 
 requisite and necessary for such, purpose, under 
 all the circumstances attending the case of any 
 sucli prisoner; and that such, sum of money 
 should be paid by the keeper of such prison, to 
 or for the use of such prisoner for the purpose 
 aforesaid, and that all such sums should be pro- 
 vided for, either out of such bequests or bene- 
 factions as therein mentioned, or in such manner 
 as is by the Gaol Act directed with respect to 
 the expense of the support and maintenance of 
 the prisoners in the prisons to which such act 
 extends : And whereas divers societies, herein- 
 after referred to as " Discharged Prisoners Aid 
 Societies," have been formed in divers parts of 
 England, by persons subscribing voluntarily, for 
 the purpose of finding employment for discharged 
 prisoners, and enabling them by loans and grants 
 of money to live by honest labour : And whereas 
 it is expedient that power should be given to the 
 visiting justices of prisons to give aid under the 
 said act to discharged prisoners through the 
 medium of a Discharged Prisoners Aid Society, 
 in cases where such society has been previously 
 certified by the justices having jurisdiction over 
 such gaol or house of correction, at some court of 
 general or quarter sessions, or at some quarterly 
 sessions held by them, to be a society approved of 
 by them : Be it enacted by the Queen's most 
 excellent Majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and 
 Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 Sect. 1. The justices having jurisdiction over Power to 
 
 any gaol or house of correction to which the grant oerti- 
 
 Gaol Act extends may, at any court of general or p^Jl^igt^P" 
 
 quarter sessions, or at any quarterly sessions, upon prisoners' 
 
 A T j_- n .™.i,„... „-, aid societies; 
 
 the application of any one or more member or 
 
 members of a Prisoners Aid Society, and after 
 
 examining the rules of such society, and receiving 
 
242 Discharged Prisoners Aid Act. 
 
 such evidence as they think fit as to the condition 
 of such society, issue a certificate under the hand 
 of their chairman to the effect that such society 
 is approved of by them for the purposes of this 
 and to re- act ; and they may, at any future court of general 
 suBDendthe °^ quarter sessions, or at any future quarterly 
 same. sessions, upon due cause shown, by a writiag 
 
 under the hand of their chairman, revoke or sus- 
 pend such certificate ; and any society in respect 
 of which such certificates as aforesaid has been 
 granted and remains in force shall be deemed to 
 be a " Certified Prisoners Aid Society," and to be 
 entitled to such privileges as are hereinafter men- 
 tioned. 
 
 Relief may 2. Where a prisoner is discharged from any 
 be afforded prison to which the said Gaol Act extends, the 
 prisoners' visiting justices of such prison, instead of directing 
 aid society." ^j^g^^ g^^jj moderate sum of money shall be paid 
 by the keeper of such prison to or for the use of 
 such prisoner for the purpose aforesaid, may if 
 they shall think fit direct that such sum, not ex- 
 ceeding in any case two pounds, shall be paid to 
 the treasurer of a certified Prisoners Aid Society 
 on their receiving from such society an undertaking 
 in writing, signed by the secretary thereof, that 
 the same shall be applied for the benefit of such 
 prisoner : provided that if it shall not be possible 
 for the society so to apply such sum for the benefit 
 of such prisoner, the same or so much thereof as 
 shall not have been so applied shall be applied by 
 such society for the benefit of such other prisoner 
 or prisoners discharged from the said gaol as the 
 said visiting justices shall direct. 
 
 Funds out 3. AU sums paid to a certified Prisoners Aid 
 repayments Society under this act shall be provided for out of 
 provided, the same funds and in the same .manner as is by 
 
 the said Gaol Act directed vdth respect to the 
 ■* sums therein authorised to be given or paid as 
 
 herein-before recited to discharged prisoners. 
 
25 ^ 26 Vict. cap. 53. 243 
 
 TEANSFEE OF LAJSTD ACT. 
 
 (25 & 26 ViOT. OAP. 53.) 
 
 An Act to facilitate the Proof of Title to, and 
 the Conveyance of, Real Estates. — [29<A July, 
 1862.] 
 
 Sect. 105. — If in any proceeding to obtain the Person 
 registration of any land, or any land certificate or "Jat^ment'^" 
 certificate of title, or otherwise in any transaction guilty of 
 relating to land wluch. is or is proposed to be put Smeanor. 
 upon the registry, any person acting either as 
 principal or as agent shall, knowingly and -with 
 intent to deceive, make or assist or join in or be 
 privy to the making of any material false state- 
 ment or representation, or suppress, conceal, or 
 assist or join in or be privy to the suppressing, 
 withholding, or concealing from any judge, or the 
 registrar, or any person employed by or assisting 
 the registrar, any m.aterial document, fact, or 
 matter of information, every person so acting shall 
 be deemed to be guilty of a misdemeanor, and on 
 conviction shall be liable to be imprisoned for a 
 term not exceeding three years, and either with or 
 without hard labour, or to be fined such sum as 
 the court by which he is convicted shall award : 
 the act or thing done or obtained by means of such 
 fraud or falsehood shall be null and void to all 
 intents and purposes, except as against a purchaser 
 for valuable consideration without notice. 
 
 106. No proceeding or conviction for any act As to persons 
 hereby declared to be a misdemeanor shall affect tlf^proMed- 
 any remedy which any person asffrieved by such '^s, te, tor 
 
 I T. J.-J.1 J J. -lA J. r • -J. any act de- 
 
 act may be entitled to, either at law or m equity, elaredamis- 
 
 againt the person who has committed such act. demeanor. 
 
 107. Nothing in this act contained shall entitle Answers to 
 any person to refuse to make a complete discovery tions, tef 
 by answer to any bill in equity, or to answer any °°' o^mis- 
 
 u 2 
 
244 Transfer of Land Act. 
 
 sibie in evi- question or interrogatory in any civil proceeding, 
 in any court of law or equity, or in the Court of 
 Bankruptcy; Jaut no answer to any such bill, 
 question, or interrogatory stall be admissible in 
 evidence against such person in any criminal pro- 
 ceeding. 
 
 Fraud a mis- Vi%. If any person fraudulently procures, assists 
 in fraudulently procuring, or is privy to tte frau- 
 dulent procurement of any order of the Court 
 of Chancery in relation to registered land, or frau- 
 dulently procures, assists in fraudulently procur- 
 ing or is privy to the fraudulent procurement of 
 the entry on the register of any caveat or notice 
 of a charge, or of the erasure from the register or 
 alteration on the register of any caveat or notice 
 of a charge, such person shall be deemed to be 
 guilty of a misdemeanor ; and any order procured 
 by fraud, and any act consequent on such order, 
 and any entry, erasure, or alteration so made by 
 fraud, shall be void as between all parties or privies 
 to such fraud. 
 
 Punishment. 139. Any person convicted of a misdemeanor 
 under the last preceding section shall be liable to 
 imprisonment for any term not exceeding three 
 years, with or without hard labour, or to be fined 
 such sum as the court by which he is convicted 
 shall think just. 
 
 intei-pieta- 140. In the construction of this act (except 
 tion of tei-ms ^j^erg the context or other provisions require a 
 different construction), the word " person " shall 
 include Her Majesty, Her heirs and successors, 
 and the Duke of Cornwall for the time being, and 
 also a body politic or corporate ; the word " pos- 
 session '' shall include receipt of the rents and 
 profits ; the word "land" shall include messuages, 
 tenements, and hereditaments, corporeal or incor- 
 poreal ; and the word "incumbrance" shall mean 
 any legal or equitable mortgage in fee or for any 
 
25 ^26 Vict cap. 63. 245 
 
 less estate, and also any money secured or charged 
 on land by a trust, or by judgment, decree, or 
 order of any superior court of law or equity, and 
 also any legacy, portion, lien, or other charge 
 whereby a gross sum of money is secured to be 
 paid, and also any annual or periodical charge 
 which by the instrument creating the same, or by 
 any other instrument, is made repurchaseable on 
 payment of a gross sum of money, and also any 
 arrear remaining unpaid of any annual or periodical 
 charge, for payment of wMph arrear a sale of 
 any land charged therewith might be decreed by 
 a court of equity. 
 
 MEEOHANT SHIPPING ACT AMENDMENT 
 ACT. 
 
 (25 & 26 Vict. cap. 63.) 
 
 An Act to amend " The Merchant Shipping Act, 
 1854," " The Merchant Shipping Act Amend- 
 ment Act, 1855," and "The Customs Consoli- 
 dation Act, 1853." — [29th July, 1862.] 
 
 Sect. 16. Any person appointed to any office Punishment 
 or service by or under any local marine board bTzXment 
 shall be deemed to be a clerk or servant within » shipping 
 the meaning of the sixty-eighth section of the act ° °^°' 
 of the twenty-fifth year of the reign of Her 
 present Majesty, chapter ninety-six : 
 
 If any such person fraudulently applies or dis- 
 poses of any chattel, money, or valuable security 
 received by him whilst employed in such office or 
 service for or on account of any such local marine 
 board, or for or on account of any other public 
 board or department, to his own use or any use or 
 purpose other than that for which the same was 
 paid, entrusted to, or received by him, or fraudu- 
 
246 Merchant Shipping Act Amendment Act. 
 
 lently witKholds, retains, or keeps back tLe same 
 or any part thereof contrary to any lawful direc- 
 tions or instructions wMch he is required to obey 
 in relation to such office or service, he shall be 
 deemed guilty of embezzlement ■within the mean- 
 ing of the said section : 
 
 Any such person shall, on conviction of such 
 offence as aforesaid, be liable to the same pains 
 and penalties as are thereby imposed upon any 
 clerk or servant for embezzlement : 
 
 In any indictment against such person for such 
 offence it shall be sufficient to charge any such 
 chattel, money, or valuable security as the pro- 
 perty either of the board by which he was ap- 
 pointed, or of the board or department for or on 
 account of which he may have received the same; 
 and no greater particularity in the description of 
 the property shall be required in such indictment 
 in order_ to sustain the same, or in proof of the 
 offence alleged, than is required in respect of an 
 indictment or the subject matter thereof by the 
 seventy-first section of the said last-mentioned- 
 act. 
 
 interpreta- 66. The following terms used in the sections of 
 tion of terms ^jjig g^^ hereinafter contained shall have the res- 
 pective meanings hereby assigned to them, if not 
 incons'istent vrith the context or subject matter ; 
 that is to say. 
 Report" The word "report" shall mean the report re- 
 quired by the customs laws to be made by the 
 master of any importing ship : 
 Entry." The word "entry" shall mean the entry re- 
 
 quired by the customs laws to be made for the 
 landing or discharge of goods from an import- 
 ing ship : 
 "Goods." The word "goods " shall include every descrip- 
 
 tion of wares and merchandise : 
 " Wharf." The word " wharf " shall include aU. wharves, 
 quays, docks, and premises in or upon which 
 
25 ^ 26 Vict cap. 64. 247 
 
 any goods when landed from ships may be 
 lawfully placed : 
 
 The word "warehouse " shall include aU ware- "Ware- 
 houses, buildings, and premises in which goods house." 
 when landed from ships may be lawfully 
 placed : 
 
 The expression "wharf owner" shall mean "Wharf- 
 the occupier of any wharf as hereinbefore °'™*''" 
 defined : 
 
 The expression " warehouse owner " shall mean "Warehouse 
 the occupier of any warehouse, as hereinbefore °'"'*'' ■" 
 defined : 
 
 The word "shipowner " shall include the mas- "SWp. 
 ter of the ship and every other person autho- °'"°"-" 
 rised to act as agent for the owner, or entitled 
 to receive the freight, demurrage, or other 
 charges payable in respect of such ship. 
 
 The expression " owner of goods " shall include "Owner of 
 every person who is for the time being entitled, soods." 
 either as owner or agent for the owner, to the 
 possession of the goods, subject in the case of 
 a lien, if any, to such lien. 
 
 NAVAL AM) VICTUALLma STOEES ACT. 
 
 (25 & 26 Vict. cap. 64.) 
 
 An Act for the heifer Protection of Her Majesty's 
 Naval and Victualling Stores. — [29iA July, 
 1862.] 
 
 Wheeeas the existing enactments for the pro- 
 tection, of Her Majesty's naval and victualling 
 stores are numerous and complicated, and difficul- 
 ties have arisen in their application, and it is con- 
 sequently expedient to reduce into one act and 
 simplify and amend them : 
 
248 Naval and Victualling Stores Act, 
 
 Be it therefore enacted by the Queen's most 
 excellent Majesty, by and witli tie advice and con- 
 sent of the Lords spiritual and temporal, and Com- 
 mons, in this jfresent Parliament assembled, and 
 by the authority of the same, as follows : 
 
 Preliminary. 
 
 Short title. Sect. 1. This Act may be cited as "The Naval 
 and Victualling Stores Act, 1862." 
 
 Extent of 2. This Act shall not extend to Scotland or 
 
 '*'• Ireland. 
 
 Interpreta- 3. In this Act — 
 
 tiou of terms rpj^g ^^^ « the Admiralty " shall be taken 
 
 to mean the Lord High Admiral of the 
 United Kingdom for the time being, or the 
 commissioners for the time being for execu- 
 ting the office of Lord High Admiral : 
 The term " dealer in marine stores " shall 
 be taken to mean a person bound to con- 
 form to the regulations of the Merchant 
 c. 104. ' Shipping Act, 1854, section four hundred 
 
 and eighty : 
 The term " dealer in old metals " shall be 
 taken to mean a person answering the 
 description of such a dealer contained in 
 24 & 25 Vict. "The Old Metal Dealers Act, 1861 " : 
 
 "• ^^°- The term " Her Majesty's yards'' shall be • 
 
 taken to mean Her Majesty's dock yards. 
 Her Majesty's victualling yards, and Her 
 Majesty's steam factory yards : 
 The term "constable of the metropolitan 
 force " shall be taken to mean a constable 
 belonging to that force, and being by 
 virtue of the act of the session of the 
 23 & 24 Vict. twenty-third and twenty-fourth years of Her 
 
 "■ ^^^- Majesty (chapter one hundred and thirty- 
 
 five), " for the employment of the metro- 
 politan police force in Her Majesty's yards : 
 and military stations," employed and authc- : 
 
25 ^ 26 Vict. cap. 64. 249 
 
 rised to act in any of Her Majesty's yards 
 and within tlie limits in that act mentioned. 
 
 4. The enactments described in Schedule (A.) Enaotmente 
 to this Act are hereby repealed to the extent |Af)°t?*his 
 therein specified, and only as to Her Majesty's ao'. »s to 
 naval and victualling stores ; but this repeal shall viotaaUing 
 not extend to Scotland or Ireland, or affect — ^'°";«^: ™-. 
 
 ' pealed, but 
 
 (1.) The past operation of any such enactment : no* as to 
 
 )c \ A . f ■ n , T 1 -T, Scotland or 
 
 {2.) Any act done or any right or liability Ireland, 
 already acquired, accrued, or now existing 
 under or by virtue of any such enactment ; 
 
 (3.) Any penalty, forfeiture, or other punish- 
 ment incurred or to be incurred in respect 
 of any offence already committed ; or 
 
 (4.) The institution or prosecution of any legal 
 proceeding or any other remedy for the 
 ascertaining, enforcing, or recovering of 
 any such liability, penalty, forfeiture, or 
 punishment. 
 
 I. Maekbd Stoees. 
 Imitation of Maries. 
 
 5. The marks mentioned iu Schedule (B.) to Marks in 
 this act may be applied in or on Her Majesty's fo^this^aor' 
 naval and victualling stores to denote Her apprepnated 
 Majesty's property in stores so marked. It shall jesty'snseki 
 be lawful for the Admiralty, their contractors, or on naval 
 oflScers, and workmen, and for no other person, to ling stores. 
 apply the said marks or any of them in or on 
 
 naval or victualling stores. If any person apply imitation or 
 any of the said marks in or on naval or victual- ™emeanor.'°' 
 ling stores contrary to this provision he shall be 
 guilty of a misdemeanor, and shall be liable to 
 imprisonment for not more than one year, with or 
 without hard labour. 
 
 Defacing of Marhs. 
 
 6. If any person, with intent to conceal Her Obliteration 
 
 ^ n of marks, 
 
 M o 
 
250 Naval and VictualUng Stores Act, 
 
 with intent Majesty's property in any naval or victualling 
 Her'SS-^' stores, take out, destroy, or obliterate, whoUy or 
 '°^^° ^™' ^'^ P*^*' ^^J ^^"'^ naarb in or on any sucli stores, 
 Btores,felouy he shall be guilty of felony, and shall be liable to 
 
 imprisonment for not more than two years, with 
 
 or without hard labour. 
 
 Receiving, ^c, of marhed Stores. 
 
 Knowingly '^■O H any person receive, possess, keep, Sell, or 
 receiving, deliver any naval or victualling stores' marked as 
 
 4c., markea •' 
 
 to the 
 
 The following opinion has been taken by the Solicitor 
 &e Admirajlty, at Plymouth, from one of the Couneel to 
 the Admiralty for that port, on the construction of the new 
 Act for the Amendment of the Law relating to the Protection 
 of Naval Stores : — 
 
 Construction of the Naval Stores Act (25 ^ 26 Vict. c. 64). 
 
 QpJnJore.— Sects. 7 and 13 of 25 & 26 Vict. c. 64, are to be 
 thus construed : 
 
 Sect. 7 makes it an indictable misdemeanor to receive, 
 possess, keep, sell, or deliver marked naval stores, knowing 
 them to he so marhed; and sect. S enacts that such knowledge 
 is to "hapreswined in the cases of .marine store dealers, dealers 
 in old metal, and persons employed in Her Majesty's service 
 in the dockyards, &c. In all other cases, knowledge of the 
 stores being marked must be proved by evidence, which 
 means that it may hepi'esumed from thejacts of the case. 
 
 If the stores do not exceed 11, in value, the justices are to 
 convict summarily, under the Summary Convictions Act. 
 
 If the value exceeds 11., the justices may still convict 
 summarily, if the prisoner pleads guilty. 
 
 Sect. 13 creates a different offence. Here the crime is the 
 karmg or conveying by any person of such stores, reasonably 
 suspected of having been stolen or unlawfully obtained. 
 The defendant is to be cajled upon to account, to the satis- 
 faction of the justices, how he became possessed of such 
 stores. Failing to do so, he is liable to a penalty not ex- 
 ceeding 51., or imprisonment not exceeding two months. 
 
 The defehdant may relieve himself by stating from whom 
 he obtained the stores in question ; and then the person bo 
 charged by him is to be proceeded against in like manner, 
 and thus backwards unjiil there is a possessor found who 
 cannot account for such possession. 
 
 The possession of a servant is to be the possession of his 
 employer. 
 
 Possession is defined by the third provision of sect 13. If 
 the justices are of opinion that defendant had possession of 
 such stores, and reasonable cause for believing them to be 
 unlawfully obtained, he is to be deemed to have had posses- 
 
25 ^ 26 Vict, cap. 64. 251 
 
 aforesaid, knowing them to be so marked, lie shall Btores, a, 
 be guilty of a misdemeanor, and shall be liable to Seanor. 
 imprisonment for not more than one year, with or 
 without hard labour. 
 
 8. Where the person charged with such a misr Knowledge 
 
 J . i I - ° , . .IT of Btorea 
 
 demeanor is a dealer m marine stores or m old being 
 
 sion at the time and place where they were found. This 
 was designed to meet the objection taken in Sleep^s case, 
 and approved by Baron Martin, that the possession by the 
 railway company was not a possession by the purchaser, 
 and that, to constitute the offence, the possession must be 
 actual, and not constructive. It is now enacted, that if the 
 defendant is proved ever to have been in possession of the 
 stores in question, know them to be marked, the posses- 
 sion is still to be deemed his, wheresoever they may be 
 found or seized. 
 
 The 7th section differs from the 13th in this, that the 7th 
 section uses the term '^ possess," and the 13th section the 
 term "having." But I am of opinion that no distinction 
 was designed or will be recognised between these two terms 
 hegond this — that " possession " may, by the definition above 
 stated, be constructive, viz., at any place where the stores 
 are found, if they have been at any time in the defendant's 
 actual possession, whereas " having " means actual posses- 
 sion ; that is to say, in the custody, care or control of the - 
 defendant at the time when they were found. 
 
 In order to convict summarily under sect. 13 it will be 
 necessary to prove — 
 
 1st. That defendant had or conveyed stores marked as 
 
 in the schedule is described ; and, 
 2nd. That they were stolen or unlawfully obtained, or 
 are reasonably suspected of having been stolen or un- 
 lawfully obtained. 
 On proof of this the justices will call on the defendant to 
 account to their satisfaction how he came by such stores. 
 
 If he shall account for it by stating that he received them 
 from some other person, or that he had them only as carrier, 
 agent, or' servant, employed by some other person to carry 
 them, 
 
 The justices should adjourn the hearing, and cause such 
 other person to be summoned to answer the charge. That 
 person in his turn may relieve himself in like manner, when 
 the same process will be renewed, taking care to adjourn all 
 the cases until the final issue. 
 
 If no such satisfactory account is given by the defendant, 
 or it proves to be false on the appearance or otherwise of the 
 party inculpated by him — the justices will convict. 
 
 Bdw. Wm. Cox. 
 
 1, Essex-court, Temple, 25th Aug. 1862. 
 
252 Naval and Victualling Stores Act, 
 
 marked 
 presumed 
 against 
 dealers or 
 persons 
 employed 
 yards, but 
 be proved 
 other cases. 
 
 metals, or a person employed in any of Her 
 Majesty's yards, iSio-wledge on his part that the 
 stores to which the charge relates were at the time 
 in of the commissidh of the offence marked as afore- 
 In said shall be presumed, until the contrary is shown; 
 in other cases evidence of such knowledge shall 
 be necessary to support the charge. 
 
 9. Provided always, that no person shall be 
 liable to be convicted of such a misdemeanor who 
 
 No convic- 
 tion wliere 
 
 stores were shows (whether such knowledge as aforesaid is 
 come by. presumed or proved against him or not) that he 
 came by the stores to which the charge relates 
 lawfully, and without reasonable cause for believ- 
 ing that the person (if any) through whom he 
 came by the same had not come by the same law- 
 fully. 
 
 10. The provisions of the Act of the session of 
 the eighteenth and nineteenth years of Her 
 Majesty (chapter one hundred and twenty-six) 
 /' for diminishing Expense a,nd Delay in the Ad- 
 ministration of Criminal Justice in certain Oases," 
 shall apply in the case of a person charged with 
 such a misdemeanor in manner following : 
 
 (1.) Where, in the judgment of the justices at 
 such petty sessions as in that act men- 
 tioned, the value of the stores to which 
 the charge relates does not exceed one 
 pound, section one of that act, with. all 
 provisions relative thereto, shall apply : 
 (2.) Where, in the judgment of such justices, 
 such value exceeds one pound, section 
 three of that act, with all provisions re- 
 lative thereto, shall apply. 
 
 Summary 
 trial of re- 
 ceivers, &c., 
 in certain 
 cases, under 
 Criminal 
 Justice Act, 
 IS & 19 Vict, 
 c. 126. 
 
 No unautho- 
 rised person 
 
 11. 
 
 n. Stoees Maeked oe Unmaeked. 
 
 Creeping, sweeping, or dredging. 
 It shall not be lawful for any person 
 
25 ^ 26 Vict. cap. 64. 253 
 
 (except a person in Her Majesty's service or in to creep, 
 tlie employment j)f the Admirtklty, or a constable a^edgefor 
 of tlie metropolitan police force), wittout per- J^^I^J^g*^" 
 mission in writing given by the Admiralty or by dockyards, 
 some person authorised by the Admiralty in that *"■ 
 behalf, to creep, sweep, or dredge for stores lost or 
 supposed to be lost in the sea or any tidal water 
 within the distance of one hundred yards from 
 any vessel belonging to Her Majesty or in Her 
 Majesty's service, or from any mooring place or 
 anchoring place appropriated to such vessels, or 
 from any moorings belonging to Her Majesty, or 
 from any of Her Majesty's yards. If any person 
 creep, sweep, or dredge for stores contrary to this 
 provision he shall be liable, on summary con- 
 viction, to a penalty of not more than five 
 pounds. 
 
 Arrest of Offenders, Vessels, ^c. 
 
 12. A constable of the metropolitan police Policemen of 
 force may, within the yard and limits for which ™rce'may ™ 
 he is sworn, stop, search, and detain any vessel, stop bus- 
 
 • • I,- T. XT. ■ peotedper- 
 
 boat, or carriage m or on which there is reason eons, ftc. 
 
 to suspect that any of Her Majesty's naval or 
 
 victualling stores, stolen or unlawfully obtained, 
 
 may be found, or any person reasonably suspected 
 
 of having or conveying any such stores stolen or 
 
 unlawfully obtained. 
 
 13. If. any person be brought before two or Power of 
 more justices at petty sessions charged with having p"tt^ ses°^ 
 or conveying any of Her Majesty's naval or vie- sionsinreia- 
 tualling stores stolen or unlawfully obtained, or stolen or un- 
 reasonably suspected to have been stolen or un- g^^'j'^jjjg'^ 40. 
 lawfully obtained, the following provisions shall 
 
 take effect and apply : 
 
 (1.) If such person do not give an account to 
 the satisfaction of the justices how he 
 came by such stores he shall be deemed 
 guilty of a misdemeanor, and, on summary 
 
264 Naval and Victualling Stores Act, 
 
 conviction thereof before two or more 
 justices at petty sessions shall be liable 
 to a penalty of not more than five pounds, 
 or to iSnprisonment for not more than 
 two months, with or without hard labour : 
 
 (2.) If he declare that he received such stores 
 from some other person, or that he was 
 employed as a carrier, agent, or servant 
 to convey the same for some other person, 
 two or more justices at petty sessions 
 may cause every such other person, and 
 every former or pretended purchaser or 
 other person through whose possession 
 the same have or are declared to have 
 passed, to be brought before them and 
 examined, and may examine witnesses on 
 oath touching the same : 
 
 (3.) If it appear to two or more justices at, 
 petty sessions that any person has had 
 possession of such stores (for which pur- 
 pose the possession of a carrier, agent, or 
 servant shall be deemed to be the posses- 
 sion of his employer), and had reasonable 
 cause for believing that the same had 
 been stolen or unlawfully obtained, such 
 person shall be deemed to have had pos- 
 session thereof at the time and place' 
 when and where they were found or 
 seized, and to be guilty of a misdemeanor, 
 and, on conviction thereof before two or 
 more justices at petty sessions, shall be 
 liable to a penalty of not more than five 
 pounds, or to imprisonment for not more 
 than three months, with or without hard 
 labour.^) 
 
 Searches under Warrants. 
 Seareh 14. Where information on oath is given to a 
 
 warrant on 
 
 P) See note ('), p. 250. 
 
25 4- 26 riot. cap. 64. 255 
 
 justice of tte peace that there is reasonable cause information 
 to believe, and that the informant believes, that °° °°'"^ 
 some of Her Majesty's naval or victualling stores, 
 marked as aforesaid, or (whether marked or not) 
 stolen or unlawfully obtained, are in a house or 
 place within the jurisdiction of such justice, he 
 may issue a search warrant to a constable. 
 
 .15. Every such search warrant shall be a Effect of 
 suflBcient authority for the constable to whom the search 
 same is directed to enter, in the daytime, or by 
 night, if power for that purpose be given by the 
 warrant, with such assistance as may be found 
 necessary, into such house or place, and there to 
 search for. naval or victualling stores, and if upon 
 such search any such naval or victualling stores be 
 found, then to seize the same, and either to con- 
 vey the same before a justice of the peace, or to 
 guard them on the spot, or otherwise dispose of 
 them in a place of safety, until further proceedings ' 
 can be taken in relation thereto. 
 
 16. Where xmder any .such search warrant any Dealers in 
 naval or victualling stores, appearing or reasonably "oresandin 
 suspected to belong or to have belonged to Her old metals to 
 Majesty, are found in the possession or keeping of possession of 
 a dealer in marine stores or in old m^als, or of a ^''"'^^i°v°'* 
 
 . . , 1*''^ searcn. 
 
 person employed in any of Her Majesty s yards, 
 
 and such dealer or person does not prove that he 
 came by the same lawfully, and without reasonable 
 cause for believing that the person (if any) 
 through whom he came by the same had not 
 come by the same lawfully, such dealer or person, • 
 on summary conviction before two or more justices 
 at petty sessions, shall be liable for the first 
 offence to a penalty of not more than five pounds, 
 and for a second or other subsequent offence to a 
 penalty of not more than twenty pounds, or im- 
 prisonment for not more than three months, with 
 hard labour. 
 
256 Naval and Victualling Stores Act, 
 
 m. General Peotisions. 
 Procedure. 
 Parts of 17. Subject and without prejudice to tlie ap- 
 
 24 & 25 Vict plication by this act of the said act of the session 
 (Lttroeny), of the eighteenth and nineteenth years of Her 
 """'P"™'** Majesty, and to the other express provisions of this 
 act, such of the provisions of the act of the last 
 session of Parhament (chapter ninety-six), " to con- 
 solidate and amend the statute law of England 
 and Ireland relating to larceny and other similar 
 offences," as are mentioned in Sohedide (0.) to this 
 act, shall be incorporated with this act, and shall 
 for the purposes of this act be read as if they 
 were here re-enacted. 
 
 Criminal 18. For the purposes of this act naval or 
 
 poBBession. victualling stores shaU be deemed to be in the 
 possession or keeping of any person, if he have 
 them in his personal possession or keeping, or if 
 he knowingly and wiHuHy have them in the 
 actual possession or keepirig of any other person, 
 or in any house, building, lodging, apartment, 
 field, or place, open or enclosed, whether occupied 
 by himself or not, and whether the same be so 
 had for his own use or for the use or benefit of 
 another. 
 
 SaTingtor 19. Nothing in this act shall be taken to pre- 
 mdiotment. ^^^^ ^^^ person from being indicted for any 
 indictable offence made punishable on summary 
 conviction by this act, or to prevent any person 
 from being liable under any other act, or other- 
 wise, to any other or higher penalty or punish- 
 ment than is provided for any offence by this act, 
 but so that no person be punished twice for the 
 same offence. 
 
 Admiralty 20. It shaU not be competent for any person, 
 
 secute."^™" other than the Admiralty, their ofiBcers, solicitors, 
 
 or agents, to institute or carry on under this act 
 
 any prosecution by way of summary proceeding or 
 
25 ^ 26 Vict. cap. 64. 257 
 
 otherwise for any offence by this act made felony 
 or misdemeanor or made punishable on summary 
 conviction. 
 
 Application of pecuniary Penalties. 
 
 21. Notwithstanding anything in any act re- Penalties 
 lating to municipal corpprations or to the metro- pUed°imder' 
 politan police force or in any other act contained, orders of 
 
 ^ ^ . ,. .vj T Admiralty. 
 
 amy pecuniary penalty or other moneys recovered 
 under this act shaU be paid or applied as the 
 Admiralty shall direct. 
 
 Dealers in old Metals. 
 
 22. Every conviction under this act of a dealer Effect of 
 in old metals shall, for the purposes of registration of Siera 
 and its consequences under The Old Metal Dealers inoidmeiais 
 Act, 1861, be equivalent to a conviction under act 
 
 that act. 
 
 Metropolitan Police. 
 
 23. Subject and without prejudice to the ex- incorporar- 
 press provisions of this act, aU enactments ^™onso™" 
 relative to the powers, duties, privileges, and Metropoutan 
 responsibilities of the metropolitan police force Aots^ ""^ 
 when acting within the metropolitan police dis- 
 trict shall, in relation to offences and other matters 
 connected with naval and victualling stores be- 
 longing to Her Majesty, or appearing or reasonably 
 suspected to belong or to have belonged to Her 
 Majesty, extend and apply to constables of the 
 metropolitan force when acting within the yards 
 
 and limits for which they are sworn, and such 
 enactments shall for the purposes of this act be 
 read as if they were here re-enacted. 
 
258 
 
 Naval and VictuaUing Stores Act, 
 
 SCHEDULES. 
 
 SOHEDITLE (A,) 
 
 Enactments repealed as to Her Majesty's Naval and Victualling 
 Stores except as to Scotland and Ireland. 
 
 9 & 10 Will. 3, 
 c. 41. 
 
 9 Geo 1, 0. 8. 
 
 An Act for the better preventing Sections 
 
 17 Geo. 2, B. 40. 
 
 the embezzlement of His Majesty's 
 stores of war, and preventing 
 cheats, frauds, and abuses in pay- 
 ing seamen's wages. 
 
 An Act for continuing some laws, 
 and reviving others therein men- 
 tioned, for exempting apothecaries 
 from serving parish and ward 
 offices, and upon juries; and re- 
 lating to jurors ; and to the pay- 
 ment of seamen's wages, and the 
 preservation of naval stores, and 
 stores of war ; and concerning the 
 militia and trophy money; and 
 against clandestine running of un- 
 customed goods, and for more 
 effectual preventing frauds relat- 
 ing; to the customs, and frauds in 
 mixing silk with stufis to be ex- 
 ported. _ 
 
 All Act to continue the several laws 
 therein mentioned for preventing 
 theft and rapine on the northern 
 borders of England ; for the more 
 effectual punishing wicked and 
 evil-disposed persons going armed 
 in disguise, and doing injuries 
 and violences to the persons and 
 properties of His Majesty's eub- 
 lecte, and for the more speedy 
 bringing the offenders to justice ; 
 for continuing two clauses to pre- 
 vent the cutting or breaking down 
 the bank of any river, or sea bank, 
 and to prevent the malicious cut- 
 ting of hop-binds; and for the 
 more effectual punishment of per- 
 sons maliciously setting on fire 
 any mine, pit, or delph of coal, or 
 cannel coal; and of persons uu- 
 
 two, four, five, 
 and eight 
 
 Sections three, 
 four, and five. 
 
 Section ten. 
 
25 ^ 26 Vict cap. 64. 
 SoHBDULE (A.) — continued. 
 
 259 
 
 39 & 40 Geo. 3, 
 0.89. 
 
 54 Geo. 3, c. 60. 
 
 64 Geo. 3, o. 159. 
 
 55 Geo. 3, c. 127. 
 
 lawfully hunting or taking any 
 red or fallow deer in forests or 
 .cliacee, or beating or wounding 
 the keepers or other officers in 
 forests, chaces, or parks ; and for 
 granting a liberty to carry sugars 
 of the growth, produce, or manu- 
 facture of any of His Majesty's 
 sugar colonies in America, from 
 the said colonies directly to foreign 
 parts in ships built in Great 
 Britain, and navigated according 
 to law; and to explain two acts 
 relating to the prosecution of 
 offenders for embezzling naval 
 stores, or stores of war ; and to 
 prevent the retailing of wine 
 within either of the universities 
 in that part of Great Britain 
 called England without licence. 
 
 An Act for the better preventing 
 the embezzlement of His Majesty's 
 naval, ordnance, and victualling 
 stores. 
 
 An Act for the better preventing 
 the embezzlement of His Majesty's 
 cordage. 
 
 An Act for the better regulation of 
 the several ports, harbours, road- 
 steads, soundSgChannels, bays, and 
 navigable rivers in the United 
 Kingdom; and of His Majesty's 
 docks, dockyards, arsenals, wharfs, 
 moorings, and stores therein ; and 
 for repealing several acts passed 
 for that purpose. 
 
 An Act to repeal an Act of the 
 fifty-third year of His present 
 Majesty, for preventing the em- 
 bezzlement of stores; and to ex- 
 tend the provisions of the several 
 acts relating to His Majesty's 
 naval, ordnance, and victualling 
 stores to all other public stores. 
 
 The whole. 
 
 The whole. 
 
 Section ten. 
 
 the whole. 
 
260 Naval and Victualling Stores Act. 
 
 Schedule (A.) — continued. 
 
 66 Geo. 3, o. 80. 
 
 4 Geo. i, 0. 53. 
 
 2 & 3 WiU. 4, 
 0. 40. 
 
 An Act to enable the principal offi- 
 cers and commissioners of His 
 Majesty's navy resident on foreign 
 stations to grant certificates of 
 stores or goods which may be sold 
 by such officers or commissioners 
 at snch foreign stations. 
 
 An Act for extending the benefit of 
 clergy to several larcenies therein 
 mentioned. 
 
 An Act to amend the laws relating 
 to the business of the civil departs 
 ments of the navy, and to make 
 other regulations for more effec- 
 tually carrying on the duties of 
 the said departments. 
 
 The whole. 
 
 The whole. 
 
 Section thirty- 
 four. 
 
 SoHEDtrtB (B.) 
 
 Masks appropriated for Her Majesty's use in or on Naval and 
 Victualling Stores. 
 
 Stores. 
 
 Marks. 
 
 (1.) Hempen oprdage and wire 
 rope 
 
 Coloured worsted threads laid up 
 with the yams and the wire 
 respectively. 
 
 (2.) Canvas, fearnought, ham- 
 mocks, and seamen's bags ... 
 
 A blue line in a serpentine form. 
 
 (3.) Buntin 
 
 A double tape in the warp. 
 
 (4) Candles 
 
 A blue cotton thread in each wick. 
 
 (5.) Timber, metal, and other 
 naval or victualling stores not 
 before enumerated 
 
 The broad arrow. 
 
 SCIHEDDI;E (G.) 
 
 Paets of the Larceny Act of 1861 incorporated with this act. 
 Sections 99, 100, 103, 105, 107 to 113, both inclusive, and 115 to 
 121 both inclusive. 
 
25 ^ 26 Vict. cap. 65. 261 
 
 JUEISDIOTION IN HOMICIDES ACT. 
 
 (25 & 26 ViOT. CAP. 65.) 
 
 An Act for the more speedy Trial of certain Homi- 
 cides committed by persons subject to the Mutiny 
 Act— [29th July, 1862.] 
 
 Whereas it is expedient that persons subject to 
 the present or any future Mutiny Act -who shall 
 be guilty of the murder or manslaughter of any 
 person subject to the said act or acts should be 
 brought to speedy punishment, and that the 
 offences of such persons should in certain cases 
 be inquired of and tried with aU convenient 
 speed, and that the inquiry, trial, and punish- 
 ment should in certain cases be more speedy 
 than the usual course of practice in respect of 
 the times of issuing Her Majesty's commissions 
 of oyer and terminer or gaol delivery wiU allow : 
 And whereas it would contribute to the more 
 speedy punishment of persons guilty thereof, and 
 to the maintenance of good order and military 
 discipline, if, when charged with murder or man- 
 slaughter committed in England or Wales, and 
 out of the jurisdiction of the Central Criminal 
 Court, such persons were rendered liable to be 
 indicted and tried at the Central Criminal Court, 
 and if when charged with murder or man- 
 slaughter committed in Ireland and elsewhere 
 than in the county of the city of Dublin or the 
 county of Dublin such persons were rendered 
 liable to be indicted and tried before and by 
 the commissioners appointed by virtue of any 
 commission of oyer and terminer or of gaol 
 delivery under the great seal of Ireland for the 
 county , of the city of Dublin : Be it therefore 
 enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords 
 spiritual and temporal, and Commons, in 'this 
 
262 Jurisdiction in Homicides Act, 
 
 present Parliament assembled, and by the au- 
 thority of the same, as follows : 
 
 The Queen's Sect. 1. Whenever any person shall have been 
 
 Bench or a •!_!_ -i s j i -lj. 
 
 judge may Committed for any murder or manslaughter £om- 
 order oer- mjtted or supposed to have been committed at 
 
 tam pnson- , J^ .^ pit 
 
 eis to be in- any place m England or W ales, and out oi the 
 tried under ' jurisdiction of the Central Criminal Court, or at 
 the pro- any place in Ireland other than the county of 
 this act. the city of Dublin or the county of Dublin, and 
 it shall appear to Her Majesty's Court of Queen's 
 Bench in that part of the United Kingdom 
 wherein the said offence was committed or sup- 
 posed to have been committed, in term time, or 
 to any judge thereof, or of any of Her Majesty's 
 superior courts of common law in the same part 
 of the United Kingdom, in vacation, that the 
 said person (hei-einafter called the prisoner) was 
 at the time of the commission or supposed com- 
 mission of the said murder or manslaughter 
 subject to the present or any future Mutiny Act, 
 and that the person (hereinafter called the de- 
 ceased) for the murder or manslaughter of whom 
 the prisoner shall have been committed was at 
 the time last aforesaid subject to the said act or 
 acts, it shall be lawful for such Court of Queen's 
 Bench in term time, or for such judge in vaca- 
 tion, without the prisoner being brought or 
 appearing in person before the said court or 
 judge, upon the application of Her Majesty's prin- 
 cipal Secretary of State for the War Department, 
 and upon his certificate in writing, ia the form 
 numbered 1 in the schedule to this act annexed, 
 or to the like effect, duly signed, that it would 
 contribute to the maintenance of good order and 
 military discipline if the said prisoner were to be 
 indicted and tried under the provisions of this 
 act, to order that the said prisoner shall be 
 indicted and tried under the provisions of this 
 act, and such order may be in one of the forms 
 
25 ^ 26 Vict. cap. 65. 263 
 
 numbered 2 in tlie scliedule to this act annexed, 
 or to the like effect. 
 
 2. Whenever any such orders shall have been And upon 
 made, the gaoler or keeper of any gaol or house the prisoner 
 of correction in which the said prisoner shall be **'' ^^ 
 confined shall forthwith upon the delivery to the gaol' of 
 him of an oflSce copy of such order, without writ Londoiu)r" 
 of habeas corpus or other writ for that purpose, the Eieh- 
 oause such prisoner, with his commitment and ™eU in Dub- 
 detainer, to be safely removed to Her Majesty's ''"• *°* ""^ 
 gaol of Newgate in the city of London if the &o. returned 
 said prisoner shall be confined in England orj^"^^.^^"^ 
 Wales, and to Her Majesty's gaol called the the prisoner 
 Richmond Bridewell in the county of the city of Imjicted. 
 Dublin if the said prisoner shall be confined in 
 Ireland, and thereupon the keeper of such gaol 
 shall receive such prisoner into his custody in 
 such gaol, there to remain until he shall be 
 delivered by due course of law ; and the justice 
 or coroner by whom the prisoner was committed, 
 or any other person having the custody or pos- 
 session thereof, shall forthwith upon the delivery 
 to him of an ofiioe copy of such order transmit 
 any recognisances, depositions, examinations, or 
 informations relating to the murder or man- 
 slaughter mentioned in such order which shall 
 be in his custody or possession to the proper 
 ofiicer of the court at and before which the pri- 
 soner shall be rendered liable to be indicted under 
 the provisions of this act, to be by him kept 
 among the records of the court. 
 
 8. Whenever any prisoner shall have been re- A. prisoner 
 moved to the said gaol of Newgate in the city of may be in- 
 London under the provisions of this act, the murder ^^ed'in"'''* 
 or manslaughter of the deceased by the prisoner London or 
 may be inquired of, heard, and determined, and °"''''»- 
 the prisoner may be indicted, arraigned, tried, 
 and convicted for the murder or manslaughter 
 of the deceased, in the same manner in all 
 
264 Jurisdiction in Homicides Act, 
 
 respects as if such murder or manslaugliter had 
 been committed within the jurisdiction of the 
 Central Orimuial Court ; and whenever any pri- 
 soner shall have been removed to the Eichmond 
 Bridewell in the county of the city of Dublin 
 under the provisions of this act, the murder or 
 manslaughter of the deceased by the prisoner 
 may be inquired of, heard, and determined, and 
 the prisoner may be indicted, an-aigned, tried, 
 and convicted for the murder or manslaughter 
 of the deceased, in the same manner in all 
 respects as if such murder or manslaughter had 
 been committed in 'the county of the city of 
 Dublin. 
 
 A certificate 4. Whenever any prisoner so removed to one 
 movai under °^ ^^^ ^^^^ gaols shall be indicted under the 
 this act and provisions of this Act, an office copy of the 
 of his. com- before-mentioned order of the Court of Queen's 
 h""na?*'d Bench, or of a judge, shall be delivered to the 
 on the in- proper ofiScer of the court at and before which 
 lotment. ^^ prisoner shall be rendered liable to be in- 
 dicted under the provisions of this act, and such 
 officer shall thereupon, by indorsement on the 
 back of the bill of indictment, before its present- 
 ment by the grand jury, or by direction of the 
 justices, judges, or commissioners of the- coui-t 
 before whom such indictment shall be tried, or 
 any two or more of them, at any other time, 
 certify that the prisoner was committed for the 
 murder or manslaughter of the deceased, and was 
 removed to the gaol of Newgate or the Eichmond 
 Bridewell, as the case may be, under the provisions 
 of this act ; and such indorsement, which may be 
 in the form numbered 3 in the schedule to this 
 act annexed, or to the like effect, and which may 
 be amended by the said last-mentioned justices, 
 judges, or commissioners, or any two or more of 
 them, at any time and in such manner, and as often 
 as to them shall seem fit, shall be conclusive proof 
 
25 ^.26 Vict. cap. 65. 265 
 
 that tke said prisoner was committed for the murder 
 or manslaughter of the deceased, and was re- 
 moved to the said gaol of Newgate or the said 
 Eichmond Bridewell under the provisions of this 
 act ; and such indorsement shall not constitute or 
 be deemed or taken to be a portion of the indict- 
 ment. 
 
 5. Whenever any indictment found under the ^'J^° '"'j^ 
 
 provisions of this act shaU be amended in any ameniied 
 
 manner, the before-mentioned indorsement thereon menTfs'tr' 
 
 shall, if it be necessary, be amended in the like ^e also 
 
 amended. 
 
 manner. 
 
 6. A prisoner committed for murder may be ^ega^Mt"' 
 indicted under the provisions of this act for follow the 
 manslaughter,' and a prisoner committed for men™'' 
 manslaughter may be indicted under the same 
 provisions for murder. 
 
 7. It shall not be lawful for any person, either No objection 
 by himself or his counsel, to take any objection, to any ord*?!', 
 either in the court at, before, or by which the ™J'"'P''°''' 
 
 to us rs— 
 
 prisoner shall be indicted, arraigned, tried, con- quired of the 
 victed, or sentenced under the provisions of this any^ p^et.^on^ 
 act, or in any court of error, to any order of the to the 
 said_ Court of Queen's Bench or of any judge, or "™y °- 
 to any other proceeding under or by virtue of 
 which the prisoner shall have been removed to 
 the gaol of Newgate or the Eichmond Bridewell ; 
 and the form of the indictment under the pro- 
 visions of this act shall be the same as that of 
 indictments for murder or manslaughter com- 
 mitted within the jurisdiction of the court at and 
 before which such prisoner shall be indicted under 
 the provisions of this act ; and it shall not be 
 necessary to prove on the trial of the prisoner 
 that either the prisoner or the deceased was or 
 were at the time of the commission or supposed 
 commission of the said murder or manslaughter 
 subject to the provisions of any mutiny act ; and 
 
 N 
 
266 Jurisdiction in Homicides Act, 
 
 the prisoner shall not be acquitted by reason only 
 of its appearing that the prisoner or the deceased 
 was not or were not at the time last aforesaid 
 subject to the*pro visions of any mutiny act. 
 
 Any person 8. When any person shall have been convicted 
 m?y t?^en- °f ^"^7 offence upon the trial of any indictment 
 tenoed to found under the provisions of this act, it shall be 
 efther ta^''*'^ lawful for the justices, judges, or commissioners 
 "h°°"?h^ of the court before which any such conviction 
 ofleneewas shall have taken place, or for any two or more of 
 orw^tottie them, or, in case sentence shall not then be passed, 
 jurisdiotion for the iustices, judges, or commissioners of the 
 of the court -i i ij. jr±i. j. 
 
 by which said court, or tor any two or more oi tnem, at 
 
 he shall be any subsequent sessions of the said court, to order 
 and adjudge such convict to be punished accord- 
 ing to law at any place either within the juris- 
 diction- of the said court, or within the county or 
 place where such offence shall have been com- 
 mitted or supposed to have been committed ; 
 and in cases where such justices, judges, or 
 commissioners, or any two or more of them, 
 shall order such convict to be punished in such 
 county or place, it shall be lawful for such 
 justices, judges, or commissioners, or any two or 
 more of them, after passing sentence upon such 
 convict, to make an order commanding the keeper 
 of the gaol of Newgate or of the Eichmond 
 Bridewell to cause such convict to be delivered 
 into the custody of the gaoler or keeper of the 
 gaol or house of correction in such county or 
 place, together with such order, and commanding 
 such gaoler or keeper to receive such convict into 
 his custody in such gaol or house of correction, 
 and him there safely to keep until such sentence 
 shall have been executed upon such convict 
 according to law, or until he shall be otherwise 
 delivered by due course of law, and also to make 
 an order commanding the sheriff of such coupty 
 or place to execute such sentence upon such 
 
25 ^ 26 Vict. cap. 65. 267 
 
 convict -within such, county or place according 
 to law in the same manner as if he had been tried 
 and received such sentence in such county or 
 place ; and every such sheriff, gaoler, and keeper 
 respectively is hereby commanded to perform, and 
 execute according to law each and everything 
 which he shall be commanded to perform and 
 execute by any such order ; and the several forms 
 in the schedule to the act made and passed in the 
 nineteenth year of Queen Victoria, intituled " An 
 Act to empower the Court of Queen's Bench to 
 order certain Offenders to be tried at the Central 
 Criminal Court," contained, or forms to the like 
 effect, shall be deemed good, valid, and sufficient 
 in law, and in the case of any order directed to 
 any sheriff, and commanding him to execute any 
 sentence, it shall be sufficient to deliver such 
 order either to such sheriff or to his under sheriff. 
 
 9. Every recognizance which shall have been ^"g'^^y^ 
 entered into for the prosecution of the prisoner, proseoutor, 
 and every recognizance of any witness to give zanwa to 
 evidence against him for the said offence, shall, in ''""? parties 
 case any such order shall be made as is mentioned denoe at tha 
 in the first section of this act, be obligatory on j^«j;"^ *"'' 
 each of the parties bound by such recognizance to 
 prosecute and give evidence, and to do all other 
 things mentioned with reference to the said in- 
 quiry and trial at the court at or before which 
 the prisoner shall be indicted or tried under the 
 provisions of this act, in -like manner as if such 
 recognizance had been originally entered into for 
 prosecuting such offence, or giving evidence, or 
 doing other things before the said last-mentioned 
 court ; provided that notice in vmting shall have 
 been given either personally, or by leaving the 
 same at the place of residence as of which the 
 parties bound by such recognizance are therein 
 described, to appear before the said last-mentioned 
 court upon the inquiry into and trial of the said ' 
 n2 
 
268 Jurisdiction in Homicides Act, 
 
 offence; and the prosecutor is hereby required, 
 on notice given to him that -such order as is men- 
 tioned in the first section of this act has been 
 made, to give such notice or notices in writing as 
 are in this section mentioned. 
 
 Power to 10. Whenever any indictment shall have been. 
 
 ne?aes'tr"' found at any court under the provisions of this 
 attend trials act, it shall be lawful for the said court to issue 
 process to compel the attendance of witnesses, 
 as well on the part of the prosecution- as on the 
 part of the defence, on the trial of such indict- 
 ment, in like manner as in cases of indictments 
 found at the said court for offences committed 
 within the jurisdiction of the said court ; and 
 every such process shall and may be lawfully 
 executed at any place in that part of the United 
 Kingdom wherein the gaol to which the prisoner 
 shall have been removed under the provisions of 
 this act shall be situate. 
 
 Expenses of 11. Whenever any indictment shall have been 
 and^rewards foi^d at any court under the provisions of this 
 may be act, it shaU be lawful for the said court to order 
 
 ordered to t c i.-\. j. j 'i. 
 
 bo paid. such expenses ot the prosecutor and witnesses, 
 and such other expenses, and such of the several 
 rewards payable in pursuanop of any statute 
 made or to be made as to such court may seem 
 reasonable and sufficient, to be paid forthwith by 
 the proper officer of the said court, and such 
 moneys shall be repaid to the said officer by the 
 same persons who would have been liable to pay 
 the same, as if such court were holden under com- 
 missions of oyer and terminer and gaol delivery 
 for the county or place in which the prisoner was 
 committed. 
 
 Power to 12. Whenever any prisoner shall be tried at 
 
 ment'oT'" ^'^1 court Under the provisions of this act, it 
 
 expenses of shall be lawful for the justices, judges, or com- 
 
 witnesaes. missionors - of the said court befor& whom any 
 
25 ^26 Viit.ctip. 65. 269 
 
 such prisoner shall be tried, or for any two or 
 more of them, if it shall seem reasonable so to 
 do, to order the payment of the expenses of the 
 witnesses on the part of the defence, and such 
 payment shall be made accordingly in the same 
 manner in all respects as if such witnesses were 
 witnesses on the part of the prosecution ; and 
 the commissioners of Her Majesty's Treasury 
 shall, upon receipt of such last-mentioned order, 
 and out of any moneys provided by Parliament 
 for law charges in England or Ireland, as the 
 case may be, repay such sum or sums as shall be 
 therein specified to the person who shall have 
 paid the same. 
 
 13. Whenever any such order shall have been No proof to 
 made as is mentioned in the first section of this ^f SueTe-'' 
 act, it shall not be necessary for any purpose movai of 
 whatsoever to prove that the prisoner has been P™™®""- 
 duly removed to the gaol of Newgate or the 
 Eichmond Bridewell under the provisions of this 
 
 act, or that he was committed for the murder or 
 manslaughter of the deceased ; and no evidence 
 or proof to the conti'ary shall be admitted : And Verdicts 
 every verdict and judgment which shall be given ^^^ j^t|"iie 
 upon any indictment tried under the provisions valid. 
 of this act, shall be deemed as good, valid, and 
 sufficient in law as if the offence charged in such 
 indictment had been actually committed within 
 the jurisdiction of the said court before which 
 such indictment shall be tried. 
 
 14. Whenever any person shall have been Tiie prieon- 
 removed into the custody of the said keeper of removed to 
 the said gaol of Newgate or of the Eichmond and from 
 Bridewell under the provisions of this act, such criminal 
 person shall, without writ of habeas corpus or ^™|^' ^^ 
 other writ for that purpose, be removed into and necessary, 
 from the court at or before which such indict- 
 ment shall be found, tried, or proceeded upon, 
 
 when and as often as it may be necessary, by 
 
270 Jurisdiction in Homicides Act, 
 
 the keeper of the said goal of Newgate or of 
 the Eiohmond Bridewell, with his commitment 
 and detainer, in order that he may be tried, sen- 
 tenced, or otnerwise dealt with according to law ; 
 and such removal shall not be deemed an escape. 
 
 Court before 15. Whenever any indictment shall have been 
 motmenT found under the provisions of this act, the jus- 
 found to tices, judges, or commissioners of the court at 
 same autho- or before which such indictment shall be found, 
 "■jiy*^''*^ tried, or proceeded upon for the time being, or 
 been com- any two or more of them, shall possess the same 
 in'ite'juTi*' po>''er, jurisdiction, and authority as to all 
 diction. matters and things whatsoever as if the offence 
 charged in the said indictment had actu.ally been 
 committed within the jurisdiction of the said 
 court : and every such offence may be dealt with, 
 tried, and determined by and before such justices, 
 judges, or commissioners, or any two or more of 
 them in the same manner in all respects as if the 
 same had actually been committed within the 
 jurisdiction of the said court : provided that 
 nothing in this section contained shall limit or 
 lessen any power, jurisdiction, or authority con- 
 ferred upon the said justices, judges, or com- 
 missioners, or any two or more of them!, by this 
 act; 
 
 Sects. 21, 27, 16. The provisions of the twenty-first section 
 v^ot^o iV of the said act made and passed in the nine- 
 extended to teenth year of Her Majesty Queen Victoria shall 
 apply to every prisoner removed to any gaol under 
 the provisions of this act, in the same manner in 
 all respects and for all intents and purposes as if 
 such prisoner had been so removed as in any of 
 the preceding sections of the said act is mentioned, 
 and as if that section had been re-enacted herein 
 with reference to prisoners removed to any gaol 
 under the provisions of this act ; and where any 
 person shall have been removed to any gaol under 
 the provisions of this act, the provisions of the 
 
25 ^ 26 Vict. cap. 65. 271 
 
 twenty-seventh, and' twenty-eighth sections of ' 
 the same act shall apply in the same manner in 
 all respects as in the case where any person shall 
 have been removed or committed to the said 
 gaol of Newgate under the provisions of the 
 said act. 
 
 17. Whenever any prosecutor and witnesses Prosecutor 
 in any case where any indictment shall have been *"'* """ 
 
 r J 1 1 . . I. 1 . neaaes may 
 
 lound under the provisions of . this act shall bo bound 
 appear before the court at or before which such zL^Tfo"" 
 indictment shall be found, tried, or proceeded app?ar 
 upon, it shall be lawful for such court, from time the^aia °'" 
 to time and as often as to the same court shall °™'''^ 
 seem fit, to require such prosecutor and' witnesses 
 to enter into such recognisance in such sum of 
 money, and with such condition as to appearance 
 at the said court, and otherwise, as to the said 
 court shall seem fit. 
 
 18. It shall be lawful for Her Majesty, by Her Majesty 
 and with the advice of Her most honourable privy ™ """lou 
 council, from time to time to make rules and rules for 
 regulations touching the said gaol of Newgate, or S'S^ "' 
 any other gaol or prison, and the government 
 
 and keeping thereof ; and it shall be lawful for 
 the Lord Lieutenant or other chief governor or 
 governors of Ireland, by and with the advice of 
 the privy council, from time to time to make 
 rules and regulations touching the said Eichmond 
 Bridewell for the purposes of this act, and touch- 
 ing the alteration of any commission, writs, 
 precepts, or other proceedings whatsoever for 
 carrying into effect the purposes of this act ; and 
 all such rules and regulations shall be of the Hke 
 force and effect as if the same had been made by 
 authority of Parliament, and shall be notified in 
 the London or Dublin Gazette, or in such other 
 manner as Her Majesty, by and with the advice 
 of Her most honourable privy council, shall think 
 fit to direct. 
 
272 Jurisdiction in Homicides Act, 
 
 Act not, to 19. Nothing in this act contained shall render 
 
 affect any ^^^ person claiming the privilege of peerage 
 
 triable under the pronsions of this act. 
 
 interpreta- 20. In the construction of this act the words 
 tomf "present Mutiny Act" shall be understood to^ 
 
 mean the act made and passed in this present 
 Parliament, intituled " An Act ' for punishing 
 Mutiny and Desertion, and for the better Pay- 
 ment of the Army and their Quarters;" and the 
 ■words " future Mutiny Act" shall be understood 
 to mean any act hereafter to be made and 
 passed for the purposes and with the intents and 
 objects of the present Mutiny Act, or for the 
 like purposes, and with the like intents and 
 objects. 
 
 Short title. 21. In citing this act in any instrument, docu- 
 ment, or proceeding it shall be sufficient to use 
 the expression "The Jurisdiction in Homicides 
 Act, 1862." 
 
 SCHEDULE referred to in the foregoing Act. 
 
 1. Fm^m of C&rtijhate mentioTied in the First Section. 
 
 I, the undersigned, Her Majesty's principal Secretary of 
 State for the War Department, having been credibly in- 
 formed that [name or names of prisoner oi* prisoners'] lately 
 committed for the murder \or manslaughter] of [name of per' 
 son Idlled] deceased, and now confined id the gaol [house of 
 correction] at , in the county of , is a person 
 
 fare persons] subject to the Mutiny Act, and that the said 
 [name of person deceased] deceased was at the time of the 
 alleged murder [or manslaughter] also subject to the said 
 act, and that the said murder or supposed murder [or man- 
 slaughter or supposed manslaughter] was committed in 
 England or Wales, and oat of the jurisdiction of the Central 
 Criminal Court [or in Ireland and elsewhere than in the county 
 of the dty of Dwlin, in the county of Dublin,] and having 
 been creciibly informed of the circumstances relating to the 
 said alleged crime, and deeming it expedient that a more 
 speedy trial of the said [name or names of prisoner <»■ jtri- 
 soners] should be had than the usual course of practice 
 allows, do hereby certify my belief that it would contribute 
 to the maintenance of good order and military discipline if 
 
25 ^26 Vict cap. 65. 278 
 
 the said [name or names of prisoner or prisoners'] were to be 
 indicted and tried under the provisions of the Jarisdiction 
 in Homicides Act, 1862. 
 Given under my hand this day of , , A.D. 
 
 [signature oj the said Secretary ofSiate.J 
 
 2. Form of Order of the Court of Queen's Bench mentioned in 
 
 the First Section, 
 In Her Majesty's Court of Queen's Bench. [Name of term.'] 
 Term A. D. [Tear of ow Lord |. 
 Whereas it appears by the affidavit [w affidavits] of 
 [name w names of deponent t>i' deponenUl, that [fiame or 
 flames of prisoner or pi-isone7-s], now in the custody of the 
 gaoler or keeper of the gaol [w house of correction] at 
 , in the county of , was [or were] committed 
 
 for the murder [or manslaughter] of [name of deceased] 
 deceased, and that as well the said [name or names of pH- 
 soner or pi'isoners] as the said [rtame of deceased] deceased 
 were at the time of the commission or supposed commission 
 of the said murder [or manslaughter] subject to the Mutiny 
 Act : Now thereupon, and on the application and certificate 
 of Her Majesty's principal Secretary of State for the War 
 Department, it is ordered, that the said [name or names of 
 prisoTier or prisonet's'] be indicted and tried under the pro* 
 visions of the Jurisdiction in Homicides Act, 1862. 
 
 By the Court. 
 
 2. Oorm of Order of a Judge mentioned in the First 
 
 Whereas it appears [follow the last preceding form as far 
 as the wm'ds " Secretary of State for the War Department"] 
 I do order that the said [name or names of prisoner or pri- 
 soners'] be indicted and tried under the provisions of the 
 Jurisdiction in Homicides Act, 1862. Given under my 
 hand in vacation, this day of , A.D. [Year of 
 
 tmr Lord], 
 
 [Signature ofjudge.'\ 
 
 8. Form of Indorsement mentioned in the Fourth Section. 
 
 - I certify that [name or names of prisoner or pi'isoners] was 
 ,[o)' were] committed for the murder [or manslaughterl of 
 'name of deceased] deceased, and that he [or they] has [or 
 iave] been removed to the gaol of Newgate [or the Rich- 
 mond! Bridewell] under the provisions of the Jurisdiction 
 in Homicides Act, 1862. 
 
 [Signatwre of proper officer of the court.] 
 
 N 3 
 
274 Declaration of Title Act, 
 
 DEOLAEATION OF TITLE ACT. 
 
 (25 & 26 Vict. cap. 67.) 
 
 An Act for ohtaining a Declaration of Title. — 
 [29iA July, 1862.] - 
 
 Penalty on Sect. 44. If in the course of any proceeding 
 Mseafate- before the court under this act any person acting 
 ment and either as principal or agent shall, knowingly and 
 
 suppression •,^ • . , , ^ ■ ^ • j. .•'■ ■ 
 
 of deeds and With intent to deceive, make or assist or join in 
 evidence, qj. ijjq prjyy to the making of any material false 
 statement or representation, or suppress, conceal, 
 or assist or join in or be privy to the suppressing, 
 withholding, or concealing from the court any 
 material document, fact, or matter of information, 
 every person so acting shall be deemed to be 
 gailty of a misdemeanor, and on conviction shall 
 be liable to be imprisoned for a term not exceed- 
 ing three years, and either with or without hard 
 labour, or to be fined such sum as the court by 
 which he is convicted shall award ; the order or 
 declaration of title obtained by means of such 
 fraud or falsehood shaH be null and void for or 
 against aU persons other than a purchaser for 
 valuable consideration without notice. 
 
 ii-audufent ^5. If in the course of any proceeding before 
 alterations, t]ie court under this act any person shall fraudu- 
 lently forge or alter or assist in forging or altering 
 any certificate or other document relating to such 
 land or to the title thereof, or shall fraudulently 
 offer, utter, dispose of, or put off any such cer- 
 tificate or other document, knowing the" same to 
 be forged or altered, such person shall be guilty 
 of felony, and upon conviction shall be liable, at 
 the discretion of the court by which h? is con- 
 victed, to be kept in penal servitude for hie or 
 for any term not less than three years, or to be 
 imprisoned for a term not exceeding two years, 
 
25 (?• 26 Vict. cap. 67. 275 
 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 46. No proceeding or conviction for any act Oonvietion 
 hereby declared to be a misdemeanor shall affect oiTii remedy 
 any remedy which any person aggrieved by such 
 
 act may be entitled to, either at law or in equity, 
 against the person who has committed such act. 
 
 47. Nothing in this act contained shall entitle Enactment 
 any person to refuse to make a complete dis- not to ex- 
 oovery by answer to any biU in equity, or to gaum^to" 
 answer any question or interrogatory in any make dis- 
 civil proceeding, in any court of law or equity, or °°™''y- 
 
 in the court of bankruptcy ; but no answer to any 
 such bill, question, or interrogatory shall be ad- 
 missible in evidence against such person in any 
 criminal proceeding. 
 
 48. In the construction of this act (except Conatrac- 
 where the context or other provisions of the act terms, &c. in 
 require a different construction) the word "per- 'i"s'«' = 
 son" shall include a body politic or corporate; "Person;" 
 the word " possession " shall include receipt of gio°?f.°^" 
 the rents and profits ; and the word " land " shall "Land, 
 not include any incorporeal hereditaments, but 
 
 shall include all corporeal tenements and here- 
 ditaments not expressly excepted. 
 
 49. This act shall relate to England only, and Extent of 
 shall come into operation on the first day of 
 January one thousand eight hundred and sixty- 
 three, and may be cited as " The Declaration of ^'''"'t title 
 Title Act, 1862." 
 
276 Merchandise Marks Act, 
 
 MERCHANDISE MARKS ACT. 
 
 (25 & 26 Vict. cap. 88.) 
 
 An Act to amend the Law relating to the Frau- 
 dulent Marking of Merchandise. — \lth August, 
 1862.] 
 
 Whereas it is expedient to amend the laws 
 relating to the fraudulent markiDg of merchan- 
 dise, and to the sale of merchandise falsely 
 marked for the purpose of fraud : Be it therefore 
 enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords 
 spiritual and temporal, and Commons, in this 
 present Parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 CoBBtrao- Sect. 1. In the construction of this act the 
 tion o( word "person " shall include any person, whether 
 a subject of Her Majesty or not, and any body 
 corporate or body of the like nature, whether 
 constituted according to the law of this country 
 or of any of Her Majesty's colonies or dominions, 
 or according to the law of any foreign country, 
 and also any company, association, or society of 
 persons, whether the members thereof be subjects 
 of Her Majesty or not, or some of such persons 
 subjects of Her Majesty and some of them not, 
 and whether such body corporate, body of the 
 like na-ture, company, association, or society be 
 established or carry on business within Her 
 Majesty's dominions or elsewhere, or partly within 
 Her Majesty's dominions and partly elsewhere; 
 the word "mark" shall include any name, sig- 
 nature, word, letter, device; emblem, figure, sign, 
 seal, stamp, diagram, label, ticket, or other mark 
 of any other description ; and the expression 
 "trade mark" shall include any and every such 
 name, signature, word, letter, device, emblemj 
 
25 ^ 26 Vict. cap. 88. 277 
 
 figure, sign, seal, stamp, diagram, label, ticket, or 
 other mark as aforesaid lawfully used by any 
 person to denote any chattel, or (in Scotland) any 
 article of trade, manufacture, or merchandise, to 
 be an article or thing of the manufacture, -work- 
 manship, production, or merchandise of such 
 person, or to be an article or thing of any peculiar 
 or particular description made or sold by such 
 person, and shall also include any name, signature, 
 word, letter, number, figure, mark, or sign which 
 in pursuance of any statute or statutes for the 
 time being in force relating to registered designs 
 is to be put or placed upon or attached to any 
 chattel or article during the existence or con- 
 tinuance of any copyright or other sole right 
 acquired under the provisions of such statutes or 
 any of them ; the word " misdemeanor " shall 
 include crime and offence in Scotland ; and the 
 word " court " shall include any sheriff or sheriff 
 substitute in Scotland. 
 
 2. Every person who, with intent to defraud, Forging a 
 or to enable another to defraud any person, shall or^faiseiy'' 
 forge or counterfeit, or cause or procure to be applying 
 forged or counterfeited, any trade mark, or shall mw-ij'with 
 apply, or cause or procure to be applied, any ™^°' *" 
 trademark or any forged or counterfeited trade misde- ' 
 mark to any chattel or article not being the ' 
 manufacture, , workmanship, production, ot mer- 
 chandise of any person . denoted or intended to 
 be denoted by such trade mark, or denoted or 
 intended to be denoted by such forged or counter- 
 feited trade mark, or not being the manufacture, 
 workmanship, production, or merchandise of any 
 person whose trade mark shall be so forged or 
 counterfeited, or shall -apply or cause or procure 
 to be applied, any trade mark or any forged or 
 counterfeited trade mark to any chattel or article, 
 not being the particular or peculiar description of 
 manufacture, workmanship, production, or mer- 
 
 , meanor. 
 
278 Merchandise Marks Act, 
 
 chandise denoted or intended to be denoted by 
 sucb trade mark or by such, forged or counter- 
 feited trade^ mark, stall be guilty of a misde- 
 meanor, and every person so committing a mis- 
 demeanor stall also forfeit to Her Majesty every 
 obattel and article belonging to suoli person to 
 wHch lie sbaU have so unlawfully applied, or 
 caused or procured to be applied, any sucb trade 
 mark or forged or counterfeited trade mark as 
 aforesaid, and every instrument in the possession 
 or power of sucL. person, and by means of which 
 any such trade mark, or forged or counterfeited 
 trade mark as aforesaid, shall have been so ap- 
 plied, and every instrument in the possession 
 or power of such person for applying any such 
 trade mark or forged or counterfeited trade mark 
 as aforesaid, shall be forfeited to Her Majesty ; 
 and the court before which any such misdemeanor 
 shall be tried may order such forfeited articles as 
 aforesaid to be destroyed or otherwise disposed of 
 as such court shall think fit. 
 
 Applying a 3. Every person who, with intent to defraud, 
 
 mark to any or to enable another to defraud, any person, shall 
 
 ™app'er°'°^' ^PP-'-y °' cause or procure to be applied any trade 
 
 4c., in or mark or any forged or counterfeited trade mark 
 
 aSy'araoie *° ^'^1 c^^, bottle, stopper, vessel, case, cover, 
 
 • ;b sold or wrapper, band, reel, ticket, label, or other thing 
 
 be sold, a in, on, or with which any chattbl or article, shall 
 
 SS^,. be intended to be sold or shall be sold or uttered 
 
 or exposed for sale, or intended for any purpose 
 
 of trade or manufacture, or shall enclose or place 
 
 any chattel or article or cause or procure any 
 
 chattel or article to be enclosed or placed, in, 
 
 upon, under, or with any cask, bottle, stopper, 
 
 vessel, case, cover, wrapper, band, reel, ticket, 
 
 label, or other thing to which any trade mark 
 
 shall have been falsely applied, or to which any 
 
 forged or counterfeited trade mark shall have 
 
 been applied, or shall apply or attach or cause 
 
25 ^ 26 Vict. cap. 88. 
 
 273 
 
 or procure to be applied or attached to any 
 chattel ov article any case, cover, reel, ticket, , 
 label, or other thing to which any trade mark 
 shall have been falsely applied, or to which any 
 forged or counterfeited trade mark shall have 
 been applied, or shall enclose, place, or attach 
 any chattel or article, or cause or procure any 
 chattel or article to be enclosed, placed, or at- 
 tached in, upon, under, with, or to any cask, 
 _ bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other thing having thereon 
 any trade mark of any other person, shall be 
 guilty of a misdemeanor, and every person so 
 committing a misdemeanor shall also forfeit to 
 Her Majesty every such chattel and article, and 
 also every such cask, bottle, stopper, vessel, case, 
 cover, wrapper, band, reel, ticket, label, or other 
 thing as aforesaid in the possession or power of 
 such person; and every other similar cask, bottle,, 
 stopper, vessel, case, cover, wrapper, band, reel, 
 ticket, label, or other thing made to be used in 
 like manner as aforesaid, and every instrument in 
 the possession or power of such person, and by 
 means of which any such trade mark or forged 
 or counterfeited trade mark as aforesaid shall have 
 been applied, 'and also every instrument in the 
 possession or power of such person for applying 
 any such trade mark or forged or counterfeit 
 trade mark as aforesaid, shall be forfeited to Her 
 Majesty ; and the court before which any such 
 misdemeanor shall be tried may order such for- 
 feited articles as aforesaid to be destroyed or 
 otherwise disposed of as such court shall think fit. 
 
 4. Every person who, after the thirty-first day SelUng ar- 
 of December one thousand eight hundred and {^113^^'' 
 sixty-three, shall sell, utter, or expose either for false trade 
 sale or for any purpose of trade or manufacture, jiat Decem- 
 or cause or procure to be sold, uttered, or exposed 'l^'^j^^' 
 for sale or other purpose as aforesaid, any chattel equal to 
 
280 Merchandise Marks Act, 
 
 value of or article, together witli any forged or counter- 
 and a Bum ' felted trade mark, which he shall know to be 
 not exceed- forged Or coimterf eited, or together with the trade 
 
 mg6(. nor ° ^ ,. i t j! i i 
 
 lesB than mark or any other person apphed or used ralsely 
 ^'''' or wrongfully or without lawful authority or 
 
 excuse, knowing such trade mark of another person 
 to have been so applied or used as aforesaid, 
 and that whether any such trade mark or forged 
 or counterfeited trade mark as aforesaid, together 
 with which any such chattel or article, shall be 
 sold, uttered, or exposed for sale or other purpose 
 as aforesaid, shall be in, upon, about, or with such 
 chattel or article, or in, upon, about, or with any 
 cask, bottle, stopper, vessel, case, cover, wrapper, 
 band, reel, ticket, label, or other thing in, upon, 
 about, or with which such chattel or article shall 
 be sold or uttered or exposed for sale or other 
 purpose as aforesaid, shall for every such offence 
 forfeit and pay to Her Majesty a sum of money 
 equal to the value of the chattel or article so 
 sold, uttered, offered, or exposed for sale or other 
 purpose as aforesaid, and a further sum not 
 exceeding five pounds and not less than ten 
 shillings. 
 
 Additions to 5. Every addition to and every alteration of, 
 «ons*of ™" ^^^ ^^^° every imitation of any trade mark which 
 trademarks shall be made, applied, or used with intent to 
 Stent^ defraud, or to enable any other person to defraud, 
 defraud to gr which shall cause a trade mark with such 
 
 be deemed - . -u'l' in i . • 
 
 forgeries, alteration or adaition, or shall cause such imita- 
 tion of a trade mark to resemble any genuine 
 trade mark so or in such manner as to be calcu- 
 lated or likely to deceive, shall be and be deemed 
 to be a false, forged, and counterfeited trade 
 mark within the m.eaning of this act ; and every 
 act of making, applying, or otherwise using any 
 such addition to or alteration of a trade mark or 
 any such imitation of a trade mark, as aforesaid 
 done by any person with intent to defraud, or to 
 
25 ^26 Vict. cap. 88. 281 
 
 enable any other person to defraud, shall be and 
 "be deemed to be forging and counterfeiting a 
 ■trade mark witliin the meaning of this act. 
 
 6. Where any person who, at any time after Any person 
 -the thirty-first day of December one thousand J^° Deoem- 
 eight hundred and sixty-three, shall have sold, t«r ises, 
 uttered, or exposed for sale or other purpose as gold an ar- 
 aforesaid, or shall have caused or procured to be a°/ai8e°traa^ 
 sold, uttered, or exposed for sale or other purpose mark to bo 
 as aforesaid, any chattel, or article, together with gf^inf'or. 
 any forged or counterfeited trade mark, or to- maflon 
 gether with the trade mark of any other person procured it. 
 used without lawful authority or excuse as afore- 
 said, and that whether any such^ trade mark or 
 such forged or counterfeited trade mark as afore- 
 said, be in, upon, about, or with such chattel or 
 article, or in, upon, about, or with any cask, 
 bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other thing in, upon, about, 
 or with which such chattel or article shall have 
 been sold or exposed for sale, such person shall be 
 bound upon demand in writing delivered to him 
 or left for him at his last known dwelling-house 
 or at the place of sale or exposure for sale by or 
 on the behalf of any person whose trade mark 
 shall have been so forged or counterfeited, or used 
 without lawful authority or excuse as aforesaid, 
 to give to the person requiring the same, or his 
 attorney or agent, within forty-eight hours after 
 such demand, fuU information in writing of the 
 name and address of the person from whom he 
 shall have purchased or obtained such chattel or 
 article, and of the time when he obtained the 
 •same ; and it shall be lawful for any justice of the Power to 
 -peaoe, on information on oath of such demand ^enro^oo'" 
 and refusal, to summon before him the party parties re- 
 refusing, and on being satisfied that such demand give uilor- 
 ought to be complied with to order such infor- maMo". 
 Tnation to be given within a certain time to be 
 
282 Merchandise Maries Act, 
 
 Penalty for appointed by Mm ; and any such, party who shall 
 re usa bi. j.g{j,gg qj. nggleot to comply with such order shall 
 for every such offence forfeit and pay to Her 
 Majesty the sum of five pounds, and such refusal 
 or neglect shall be primd facie evidence that the 
 person so refusing or neglecting had fuU know- 
 ledge that the trade mark, together vdth which 
 such chattel or article was sold, uttered, or ex- 
 posed for sale or other purpose as aforesaid, at 
 the time of such selling, uttering, or exposing 
 was a forged, counterfeited, and false trade mark, 
 or was the trade mark of a person which had been 
 used without lawful authority or excuse, as the 
 case may be. 
 
 Marking 7. Every person who, with intent to defraud or 
 
 any false ^g enable another to defraud, shall put or cause 
 
 indication of r xj. l -i- l 
 
 quantity, &0. or procure to be put upon any chattel or article, 
 arMoie^ith o"^ ''^po'i ^^^y c^^k, bottle, stopper, vessel, case, 
 intent to de- cover, wrapper, band, reel, ticket, label, or other 
 aity a' sum thing, together with which any chattel or article 
 equal to the gj^aH jje intended to be or shall be sold or uttered 
 
 value of tne 
 
 article and or exposed for sale, or for any purpose of trade or 
 8„^'n'ot ex. manufacture, or upon any case, frame, or other 
 ceedingw thing in or bv means of which any chattel or 
 
 ftoQ not Isss o •/ */ 
 
 than io«. article shall be intended to be or shall be exposed 
 for sale, any false description, statement, or other 
 indication of or respecting the number, quantity, 
 measure, or weight of such chattel or article, or 
 any part thereof, or of the place or oountiy in 
 which such chattel or article shall have been 
 made, manufactured, or produced, or shall put or 
 cause or procure to be put upon any such chattel 
 or article, cask, bottle, stopper, vessel, case, cover, 
 wrapper, band, reel, ticket, label, or thing as afore- 
 said, any word, letter, figure, signature, or mark 
 for the purpose of falsely indicating such chattel 
 or article, or the mode of manufacturing or pro- 
 ducing the same, or the ornamentation, shape, or 
 configuration thereof to be the subject of any 
 
25 ^ 26 Vict. cap. 88. 28S 
 
 existing patent, priyilege, or oopja-ight, shall for 
 eyery such offence forfeit and pay to Her Majesty 
 a sum of money equal to the value of the chattel 
 or article so sold or uttered or exposed for sale, 
 and a further sum not exceeding five pounds and 
 not less than ten shillings. 
 
 8. Every person who, after the thirty-first day Selling or 
 of December One thousand eight hundred and Kftfr"" 
 sixty-three, shall sell, utter, or expose for sale or tie sis* De- 
 
 -•' jxj Si. in oember 1863 
 
 for any purpose oi trade or manufacture, or snail artloieB with 
 
 cause or procure to be sold, uttered, or exposed {^g^t o*f **" 
 
 for sale or other purpose as aforesaid, any chattel ciuantiues, 
 
 or article upon which shall have been, to his notmore"^ 
 
 knowledge, put, or upon any cask, bottle, stopper, f'"'° ?■ °f 
 
 vessel, case, cover, wrapper, band, reel, ticket, 
 
 label, or other thing together with which such 
 
 chattel or article shall be sold or uttered or 
 
 exposed for sale or other purpose as aforesaid, 
 
 shall have been so put, or upon any case, frame, 
 
 or other thing used or employed to expose or 
 
 exhibit such chattel or article for sale shall have 
 
 been so put, any false description, statement, or 
 
 other indication of or respecting the ntimber, 
 
 quantity, measure, or weight of such chattel or 
 
 article or any part thereof, or the place or country 
 
 in which such chattel or article shall have been 
 
 made, manufactured, or produced, shall for every 
 
 such offence forfeit and pay to Her Majesty a sum 
 
 not exceeding five pounds and not less than five 
 
 shillings. 
 
 9. Provided always, that the provisions of this Proviao that 
 
 act shall not be construed so as to make it any \g ^ 
 
 offence for any person to apply to any chattel or offence to 
 , . , . , ■' '^ 1 , , . 1 . - 1 applynames 
 
 article, or to any cask, bottle, stopper, vessel, case, or words 
 cover, wrapper, band, reel, ticket, label, or other ^"75^0*"-° 
 thing with which such chattel or article shall be aioating 
 sold or intended to be sold, any name, word, or ex- oiassea of 
 pression generally used for indicating such chattel ™™^'*°' 
 or article to be of some particular class or desorip- 
 
284 Merchandise Marks Act, 
 
 tion of manufacture only, or so as to make it any 
 offence for any person to sell, utter, or offer or 
 expose for sale any chattel or article to wHcli, or 
 •to any casS, bottle, stopper, vessel, case, cover, 
 wrapper, band, reel, ticket, label, or other thing sold 
 therewith, any such generally used name, word, or 
 expression, as aforesaid shall have been applied. 
 
 i^saw'P'io" 10. In every indictment, pleading, proceeding, 
 marks and S'Wd document whatsoever in which any trade 
 mafks ^^ ^^^^ ^^^^^ ^® intended to be mentioned it shaU 
 indictments, be sufficient to mention or state the same to be 
 °" a trade mark without further or otherwise de- 
 
 scribing such trade mark, or setting forth any 
 copy or fac-simUe thereof ; and in every indict- 
 ment, pleading, proceeding, and document what- 
 soever in which it shall be intended to mention 
 any forged or counterfeit, trade mark it shall be 
 sufficient to mention or state the same to be a 
 forged or counterfeit trade mark, without further 
 or otherwise describing such forged or counterfeit 
 trade mark, or setting forth any copy or f ac-simile 
 thereof. 
 
 Conviotioii 11. The provisions in this act contained of or 
 SSy rigiWOT concerning any act, or any proceeding, judgment, 
 civil remedy or conviction for any act hereby declared to be a 
 misdemeanor or offence, shall not nor shall any of 
 them take away, diminish, or prejudicially affect 
 any suit, process, proceeding, right, or remedy 
 which any person aggrieved by such act may be 
 entitled to at law, in eqviity, or otherwise, and 
 shall not nor shall any of them exempt or excuse 
 any person from answering or making discovery 
 upon examination as a witness or upon interro- 
 gatories, or otherwise, in any suit or other civil 
 proceeding : provided always, that no evidence, 
 statement, or discovery which any person shall be 
 compelled to give or make shall be admissible in 
 evidence against such person in support of any 
 indictment for a misdemeanor at common law or 
 
25 4- 26 Vict. cap. 88.. 285 
 
 otherwise, of of any proceeding under the pro- 
 visions of this act. 
 
 12. In every indictment, information, con vie- intent to de- 
 tion, pleading, and proceeding against any person an™parUon- 
 for any misdemeanor or other offence against the '" ?°'^t\ 
 provisions of this act in which it shall be neces- alleged in 
 sary to allege or mention an intent to defraud, or ™5,nt,*'i^' 
 to enable another to defraud, it shall be sufficient or proved, 
 to allege or mention that the person accused of 
 having done any act -which is hereby made a 
 misdemeanor or other offence did such act with 
 intent to defraud, or with intent to enable some 
 other person to defraud, without alleging or 
 mentioning an intent to defraud any particular 
 person ; and on the trial of any such indictment 
 or information for any such misdemeanor, and on 
 the hearing of any information or charge of or for 
 any such 'other offence as aforesaid, and on the 
 trial of any action against any person to recover 
 a penalty for any such other offence as aforesaid, 
 it shaU not be necessary to prove an intent to 
 defraud any particular person, or an intent to 
 enable any particular person to defraud any par- 
 ticular person, but it shall be sufficient to prove 
 with respect to every such misdemeanor and 
 offence that the person accused did the act 
 charged with intent to defraud, or with intent to 
 enable some other person to defraud, or with the 
 intent that any other person might be enabled to 
 defraud. 
 
 13. Every person who shall aid, abet, counsel, perso^iBwiio 
 or procure the commission of any offence which jo^'^igBion 
 is by this act made a misdemeanor shall also be of a misde- 
 guilty of a misdemeanor. SsoguU^!'^ 
 
 14. Every person who shall be convicted or Punishment 
 found guilty of any offence which is by this act merao**" 
 made a misdemeanor shall be liable, at the dis- under this 
 cretion of the court and as the court shall award, 
 
 to suffer such punishment by imprisonment for 
 
286 Merchandise Marks Act, 
 
 not more than two years, with or -Without hard 
 labour, or by fine, or both by imprisonment with 
 or without hard labour and fine, and also by im- 
 prisonment 'untU the fine (if any) shall have been 
 paid and satisfied. 
 
 Recovery ot 15. In every case in which any person shall 
 penaties. j^^^^ committed or done any offence or act 
 . whereby he shall have forfeited or become Kable 
 to pay to Her Majesty any of the penalties or 
 sums of money mentioned in the prtJvisiona of 
 this act, every such penalty or sum of money diall 
 or may be recovered in England, Wales, or Ireland 
 in an action of debt, which any person may as 
 plaintiff for and on behalf of Her Majesty com- 
 mence and prosecute to judgment in any court of 
 record, and the amount of every such penalty or 
 sum of money to be recovered in any such action 
 shaU or may be determined by the jury (if any) 
 sworn to try any issue in such action, and if 
 there shall be no such jury then by the court or 
 some other jury, as the court shall think fit, or 
 instead of any such action being commenced such 
 penalty or sum of money shall or may in England 
 or Wales be recovered by a summary proceeding 
 ' before two justices of the peace having jurisdic- 
 tion in the county or place where , the party 
 offending shall reside or have any place of 
 business, or in the county or place in which the 
 offence shaU have been committed ; and shall or 
 may in Ireland be recovered in like manner by 
 civil bUl in the civil bill court of the county or 
 place in which the offence was committed, or in 
 which the offender shall reside or have any place 
 of business ; and shall or may in Scotland be re- 
 covered by action before the court of session in 
 ordinary form or by summary action before the 
 sheriff of the county where the offence shall have 
 been committed or the offender may reside or 
 have any place of business, which sheriff, upon 
 
25 ^ 26 Vict. cap. 88. 287 
 
 proof of the offence, either by the confession of 
 the person offending or by the o'ath and affirma- 
 tion of one or more credible witnesses, shall con- 
 vict the offender, and find him liable in the penalty 
 or penalties aforesaid as also in expenses ; and it 
 shall be lawful for the sheriff in pronovmcing such 
 judgment for the penalty or penalties and costs to 
 insert in such judgment a warrant in the event of 
 such penalty or penalties and costs not being paid 
 to levy and recover the amount of the same by 
 poinding : provided always, that it shall be lawful 
 to the sheriff, in the event of his dismissing the 
 action and assoilzing the defender, to find the 
 complainer liable in expenses, and any judgment 
 so to be pronounced by the sheriff in such sum- 
 mary action shall be final and conclusive, and not 
 subject to review by advocation, suspension, re- 
 duction, or otherwise. 
 
 16. In every case in which any such penalty or summary 
 sum of money forfeited to Her Majesty as herein- proceedings 
 
 , J J Deior© juB- 
 
 before mentioned shall be sought to be recovered tioee to be 
 by a summary ■ proceeding before two justices of J'j'^Y2 vict 
 the peace, the offence or act by the committing or c 43. 
 doing of which such penalty or sum of money 
 shall have been so forfeited shall be and be 
 deemed to be an offence and act within the mean- 
 ing of a statute passed in the tweffth year of the 
 reign of Her present Majesty, intituled, " An Act 
 to facilitate the Performance of the Duties of 
 Justices of the Peace out of Sessions within ^ 
 England and Wales with respect to summary 
 Convictions .and Orders ;" and the information, 
 conviction of the offender, and other proceedings 
 for the recovery of the penalty or sum so forfeited 
 shall be had according to the provisions of the 
 said act. 
 
 17. In every case in which judgment shall be in actions 
 obtained ii^ any such action as aforesaid for the beaocounted 
 amount of any such penalty or sum of money for in liite 
 
288 Merchandise Marks Act, 
 
 manner as forfeited to Her Majesty, tie amount thereof 
 moneys pay- shall be paid by tbe defendant to tbe sheriff or 
 able to the the officer of the court, who shall account for the 
 plaintiffs to same in like manner as other moneys payable to 
 cos?s™?S!H.Her Majesty, and, if it not be paid, may be 
 recovered, or the amount thereof levied, or the 
 payment thereof enforced, by execution or other 
 proper proceeding, as money due to Her Majesty ; 
 and the plaintiff suing on behalf of Her Majesty, 
 upon obtaining judgment, shall be entitled to 
 recover . and have execution for all his costs of 
 suit, which shall include a full indemnity for aU 
 costs and charges -which he shall or may have 
 expended or incurred in, about, or for the pur- 
 poses of the action, unless the court, or a judge 
 thereof, shall direct that costs of the ordinary 
 amount only shall be allowed. 
 
 Limitations 18. No person shaU commence any action or 
 factions, proceeding for the recovery of any penalty, or 
 procuring the conviction of any offender in manner 
 hereinbefore provided, after the expiration of three 
 years next after the committing of the offence, or 
 one year next after the first discovery thereof by 
 the person proceeding. 
 
 After 31st 19. In every case in which at any time after 
 
 1863, TCDd'or the thirty-first day of December one thousand 
 witTa^tS ^ig^* hundred and sixty-three any person shall 
 mark to be Sell or contract to seU (whether by writing or 
 con&aotthat ^^ot) to any other person any chattel or article 
 the mark is -vyith any trade mark thereon, or upon any cask, 
 bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other thing together with 
 which such chattel or article shall be sold or con- 
 tracted to be sold, the sale or contract to sell 
 shall in every such case be deemed to have been 
 made with a warranty or contract by the vendor 
 to or with the vendee that every trade mark upon 
 such chattel or article, or upon any such cask, 
 
25 ^26 Vict. cap. 88. 289 
 
 bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other tting as aforesaid, was 
 genuine and true, and not forged or counterfeit, 
 and not wrongfully used, unless tte contrary shall 
 be expressed in some writing signed by or on 
 behalf of the vendor, and delivered to and accepted 
 by the vendee. 
 
 20. In every case in which at any time after After 3ist 
 the thirty-flrst day of December one thousand ^g'T^g^J^jj. 
 eight hundred and sixty-three any person shall of an article 
 sell or contract to sell (whether by writing or ^on upon i?" 
 not) to any other person any chattel or article °'"^ 9"™- 
 upon which, or upon any cask, bottle, stopper, deemed to 
 vessel, case, cover, wrapper, band, reel, ticket, a" deson>' 
 label, or other thing together with which such tion was 
 chattel or article shall be sold or contracted to ""*■ 
 
 be sold, any description, statement, or other 
 indication of or respecting the number, quantity, 
 measure, or weight of such chattel or Article, 
 or the place or country in which such chattel or 
 article shall have been made, manufactured, or 
 produced, the sale or contract to sell shall iii 
 every such case be deemed to have been made 
 with a warranty or contract by the vendor to 
 or with the vendee that no such description, 
 statement, or other indication was in any material 
 respect false or untrue, unless the contrary shall 
 be expressed in some writing signed by or on 
 behalf of the vendor, and delivered to and ac- 
 cepted by the vendee. 
 
 21. In every case in any suit at law or in in suits at 
 .equity against any person for forging or coun-gq^;?5™ 
 
 terfeiting any trade mark, or for fraudulently against per- 
 appljdng any trade mark, to any chattel or uB?ng'forged 
 a,rtiole, or for selling, exposing for sale, or utter- ''^j™**^' 
 ing any chattel or article with any trade mark order article 
 falsely or wrongfully applied thereto, or with any ^^lei,\,ni 
 forged or counterfeit trade mark applied thereto, pay award 
 or for preventing the repetition or continuance of S™° '°°' 
 
290 Merchandise Marks Act, 
 
 any such wrongful act, or tlie committal of any 
 similar act, in wHch the plaintiff shall obtain 
 a judgment or decree against the defendant, the 
 court shaU have power to direct every such 
 chattel and article to be destroyed or otherwise 
 disposed of ; and in every such suit ia a court 
 of law the court shall or may upon giving judg- 
 ment for the plaintiff award a writ of injrmction 
 or injunctions to the defendant commanding him 
 to forbear from committing and not by himself 
 or otherwise to repeat or commit any offence or 
 wrongful act of the like nature as that of which 
 he shall or may have been convicted by such 
 judgment, and any disobedience of any such writ 
 of injunction or injunctions shall be punished 
 as a contempt of court ; and in every such suit at 
 law or in equity it shall be lawful for the court or 
 a judge thereof to make such order as such cotirt 
 or judge shall think fit for the inspection of every 
 or any manufacture or process carried on by the 
 defendant in which any such forged or counter- 
 feited trade mark, or any such trade mark as 
 aforesaid, shall be alleged to be used or applied 
 as aforesaid, and of every or any chattel, article, 
 and thing in the possession or power of the defen- 
 dant alleged to have thereon or in any way 
 attached thereto any forged or counterfeit trade 
 mark, or any trade mark falsely or wrongfully 
 applied, and every or any instrument in the pos- 
 session or power of the defendant used or intended 
 to be or capable of being used for producing or 
 making any forged or counterfeit trade mark, or 
 trade mark alleged to be forged or counterfeit,- 
 or for falsely or wrongfully applying any trade 
 mark ; and any person who shall refuse or neglect 
 to obey any such order shall be guilty of a con- 
 tempt of court. 
 
 Peiaons 22. In every case in which any person shall do 
 
 by^forgeries °^ oa.Tise to be done any of the wrongful acts 
 
25 ^ 26 Vict. cap. 88. 291 
 
 following; (that is to say,) shall forge or counter- may i-ocover 
 feit any trade mark ; or for the purpose of sale, aKSnft^the 
 or for the purpose of any manufacture or trade, S""'^ 
 shall apply any forged or counterfeit trade mark 
 to any chattel or article, or to any cask, bottle, 
 stopper, vessel, case, cover, wrapper, band, reel, 
 ticket, label, or thing in or with which any chattel 
 or article shall be intended to be sold or shall be 
 sold or uttered or exposed for sale, or for any 
 purpose of trade or manufacture ; or shall inclose 
 or place any chattel or article in, ujion, under, or 
 with any cask, bottle, stopper, vessel, case, cover, 
 wrapper, band, reel, ticket, label, or other thing 
 to which any trade mark shall have been falsely 
 applied, or to which any forged or counterfeit 
 trade mark shall have been applied ; or shall 
 apply or attach to any chattel or article any case, 
 cover, reel, wrapper, band, ticket, label, or other 
 thing to which any trade mark shall have been 
 falsely apphed, or to which any forged or counter- 
 feit trade mark shall have been applied ; or shall 
 inclose, place, or attach any chattel or article in, 
 upon, under, with, or to any cask, bottle, stopper, 
 vessel, case, ■ cover, reel, wrapper, band, ticket, 
 label, or other thing having thereon any trade 
 mark of any other person ; every person aggrieved 
 by any such wrongful act shall be entitled to 
 maintain an action or suit for damages in respect 
 thereof against the person who shall be guilty of 
 having done such act or causing or procuring the 
 same to be done, and for preventing the repetition 
 or continuance of the wrongful act, and the com- 
 mittal of any sinular act. 
 
 23. In every action which any person shall Defendant 
 under the provisions of this act commence as ^^^^°' 
 plaintiff for or on behalf of Her Maiesty for have fuu 
 
 1, J .J j.i_ indemnity 
 
 recovenng any penalty or sum oi money, it the for costs, 
 defendant shall obtain judgment, he shall be 
 entitled to recover his costs of suit, which shall 
 2 
 
292 Mercliandise Marks Act. 
 
 include a full indemnity for all the costs, charges, 
 and expenses by him expended or incurred in, 
 about, or for the purposes of the action, unless 
 the court, or a judge thereof shall direct that 
 costs of the ordinary amount only shall be 
 allowed. 
 
 A plaintiff 24. In any action which any person shall, 
 penaity°may ii^ider the provisions of this act, commence as 
 be com- plaintiff for on behalf of Her Maiesty for re- 
 pelled to '^ . ^, c -c -J. 
 give Beourity covering any penalty or sum oi money, if it 
 
 for costs. shall be shown to the satisfaction of the court 
 or a judge thereof that the person suing as 
 plaintiff for or on behalf of Her Majesty has no 
 ground for alleging that he has been aggrieved 
 by the committing of the alleged , offence in 
 respect of which the penalty or sum of money 
 is alleged to have become payable, and also that 
 the person so suing "as plaintiff is not resident 
 within the jurisdiction of the court, or not a 
 person of sufficient property to be able to pay 
 any costs which the defendant may recover' in 
 the action, the court or judge shall or may order 
 that the plaintiff shall give security by the bond 
 or recognisance of himself and a surety, or by the 
 deposit of a sum of money, or otherwise, as the 
 court or judge shall think fit, for the pajrment to 
 the defendant of any costs which he may be 
 entitled to recover in the action. 
 
 Act not to 25. Nothing in this act contained shall be 
 OoJ^°omtion construed to affect the rights and privileges of 
 H u"*"" hi?' *^® corporation of cutlers of the liberty of Hal- 
 nor to repeal lamshire in the county of York, nor shall any- 
 69 Geo. 3, thing in this act contained be construed in any 
 way to repeal or make void any of the provi- 
 sions contained in the fifty-ninth George Third, 
 chapter seven, intituled ,"An Act to regulate the 
 Cutlery Trade in England." 
 
25 ^ 26 Vict. cap. 89. 293 
 
 26. The expression "The Merchandise Marks short title. 
 Act, 1862," shall be a sufficient description of 
 this act. 
 
 THE COMPANIES ACT. 
 
 (25 & 26 ViOT. CAP. 89.) 
 
 4i Act for the Incorporation, Regulation, and 
 Winding-up of Trading Companies and other 
 Associations. — [7th August, 1862.] 
 
 Sect. 166. If any director, officer, or contri- Penalty on 
 
 1 . e 1 J J.1 • i. falsification 
 
 butory ot any company wound-up under this act of books. 
 
 destroys, mutilates, alters, or falsifies any books, 
 papers, writings, or securities, or makes or is 
 privy to the making of any false or fraudulent 
 entry in any register, book of account, or other 
 document belonging to the company with intent 
 to defraud or deceive any person, every person so 
 offending shall be deemed to be guilty of a mis- 
 demeanor, and upon being convicted shall be 
 liable to imprisonment for any term not exceeding 
 two years, with or without hard labour. 
 
 167. Where any order is made for winding- Prosecution 
 up a company by the court or subject to the qaent'airec. 
 supervision of the court, if it appear in the to™ '■> *« 
 course of such winding-up that any past or pre- winding-up 
 sent director, manager, officer, or member of such *y °°'"''' 
 company has been guilty of any offence in rela- 
 tion to the company for which he is criminally 
 responsible, the court may, on the application of . 
 any person interested in such winding-up, or of 
 its own motion, direct the official liquidators, or 
 ihe liquidators (as the case may be,) to institute 
 and conduct a prosecution or prosecutions for such 
 offence, and may order the costs and expenses to 
 be paid out of the assets of the company. 
 
294 
 
 25 ^ 26 Vict. cap. 103. 
 
 Prosocntion 168. Where a company is being -wound-up 
 quentdirec- altogether voluntarily, if it appear to the liqui- 
 case of"' ™ ^^^'^^ conducting such winding-up that any past 
 voluntary or present director, manager, officer, or member 
 win ing-up. g£ g^gj^ company has been gnUty of any offence 
 in relation to the company for which he is crimi- 
 nally responsible, it shall be lawful for the liqui- 
 dators, with the previous sanction of the court, to 
 prosecute such offender, and all expenses properly 
 incurred by them in such prosecution shall be 
 payable out of the assets of the company in 
 priority to all other liabilities. 
 
 Penalty of igg. If ajjy person, upon any examination 
 upon oath or affirmation authorised under this 
 act, or in any affidavit, deposition, or solemn affir- 
 mation in or about the winding-up of any com- 
 pany under this act, or otherwise in or about 
 any matter arising under this act, wilfully and 
 corruptly gives false evidence, he shaU, upon 
 conviction, be liable to the penalties of wilful 
 perjury. 
 
 UNION ASSESSMENT COMMITTEE ACT. 
 
 (25 & 26 Vict. cap. 103.) 
 
 An Act to amend the Law relating to Parochial 
 Assessments in England. — \7th Aitgust, 1862.] 
 
 Penalty for Sect. 40. Every person who wilfully refuses to 
 
 ancer&o" to attend in obedience to any lawful order of any 
 
 obedience to guct committee, or to give evidence, or refuses to 
 
 committee, produce any rate book, assessment, or valuation 
 
 which may be lawfully required to be produced' 
 
 before such committee, shall for every such 
 
 offence be liable to a penalty not exceeding 
 
 twenty pounds upon a summary conviction for 
 
25 ^ 26 Vict. cap. 107. 295 
 
 tlie same before two justices of the peace ; and injuring, &o. 
 every person who wilfully injures, defaces, con- a^mMe"-''' 
 ceals, or destroys such rate book, or who upon meaner, 
 any examination before any such committee wil- 
 fully gives false evidence, shall be deemed guilty 
 of a misdemeanor. 
 
 THE JUEIES ACT. 
 
 (25 & 26 Vict. cap. 107.) 
 
 An Act to give greater Facilities for summoning 
 Persons to serve on Juries, and for other Pur- 
 poses relating thereto. — [7th August, 1862.] 
 
 Wheebas it is expedient to amend an act passed 6Geo.4.c.50. 
 in the session in Parliament holden in the sixth 
 year of the reign of his late Majesty King 
 George the Fourth, intituled " An Act for Con- 
 solidating and amending the Laws relative to 
 Jurors and Juries," and also to give greater 
 facilities for summoning persons to serve on amy 
 jury : Be it enacted by the Queen's most excel- 
 lent Majesty, by and with the advice and consent 
 of the Lords spiritual and temporal, and Com- 
 mons, in this present Parliament assembled, and 
 by the authority of the same as follows : 
 
 Sect. I. This act may be cited as " The Juries short title of 
 Act, 1862," and shall be construed with and as "'' *°' 
 part of the said recited act, hereinafter termed 
 the Principal Act. 
 
 2. All registered pharmaceutical chemists and Exemptions 
 managing clerks to attorneys, solicitors, and o^^HeZ °^ 
 'proctors actually practising, aU subordinate 
 officers in gaols ■ and houses of correction shall 
 be and are hereby absolutely freed and exempted 
 from being returned and from serving upon any 
 
296 TAe Juries Act, 
 
 juries or inquests whatsoever, and shall not be 
 inserted in the lists to be prepared by virtue of 
 the Principal Act or of this act. 
 
 Pvovisions 3. All the provisions of the Principal Act 
 as to high relating to the functions of high constables shall 
 
 constables , f , , i j j. x 
 
 repealed. be and are hereby repealed, «xcept as to any 
 
 liabilities incurred before such repeal, and the 
 
 duties of high constables as set forth in the 
 
 Principal Act shall cease and determine. 
 
 oierk of the 4. The clerk of the peace in every county, 
 iBsu^pre- riding, and division in England and Wales shall 
 ceptB to pa- on or before the twentieth day of July in every year 
 by post. issue his precept (in the form set forth in the 
 schedule to this act, or as near thereto as may 
 be), to the churchwardens and overseers of the 
 poor of the several parishes, and to the overseers 
 of the poor of the several townships, within the 
 county, riding, or division for which he acts, 
 requiring them to make out before the first day 
 of September then next ensuing a true list of all 
 men residing within their respective parishes and 
 townships qualified and liable to serve on juries 
 according to the Principal Act, and also to per- 
 form and comply with all other the requisitions 
 in the said precepts contained, and shall forward 
 the same, together with a competent number of 
 printed forms of returns, for the use of the re- 
 spective persons by whom such returns are to be 
 made, by post, in a registered letter having the 
 words "Jury Precept" legibly written or printed 
 on the outside thereof, and addressed to the 
 churchwardens and overseers as aforesaid ; and 
 every precept delivered or tendered as a registered 
 letter at the address of the person to whom it is 
 addressed, whether a receipt be given for the 
 same or not, shall be deemed to have been served 
 on the person to whom the same was so delivered 
 or tendered, and if delivered or- tendered to any 
 one churchwarden or overseer of a parish or 
 
25 ^ 26 Vict. cap. 1.07. 297 
 
 township shall be deemed to have been served on 
 the whole of the churchwardens and overseers of 
 such parish or township. 
 
 0. The provisions of the Principal Act as to Precepts, 4e. 
 the expense of printing the warrants, precepts, atthe'ex- 
 and returns therein mentioned shall apply to the p^^L"'^' 
 printing of the precepts, and returns required by 
 this act ; and the precepts and jury lists required 
 to be posted and registered by this act shall be 
 posted and registered at the expense of the 
 county, riding, or division. 
 
 6. After the receipt of such precept from the Duties and 
 clerk of the peace, the duties of the church- ^^™''^4.°« 
 wardens and overseers with reference to the jury cere to con- 
 lists, and the penalties to which they are liable 
 
 for making default therein, thall be in all respects 
 the same as if the words "clerk of the peace" 
 had been substituted for the words "high con- 
 stable" in the eighth section of the Principal 
 Act. 
 
 7. No notice shall be sent to the high con- as to notices 
 stable of the holding of a special petty sessions p^^^g^s- 
 for the production of the jury lists, as required sions. 
 
 by the tenth section of the Principal Act. 
 
 8. It shall be lawful for the justices of the Justices to 
 peace then present to adjourn any special petty petty ses- 
 sessions held under the provisions of the tenth Bions for the 
 
 . » ,1 T^ . . T « , I 1 -ii • production 
 
 section of the Principal Act to any day witnm of list, 
 seven days thereafter, for the production of the 
 jury list for any parish or township which, 
 through the default of any churchwarden or 
 overseer, has been omitted to be produced at 
 such special petty sessions, and notice shall be 
 sent by the clerk to such justices to such church- 
 wardens or overseers requiring them to produce 
 the said list at such adjournment. 
 
 9. It shall be the duty of the clerk to the justices' 
 
 Q clerlitosend 
 
 O o 
 
298 The Juries Act, 
 
 jury lists to justices of the peace in every petty sessional 
 peace. division in England and Wales to take charge of 
 the jury lists of each parish and township within 
 such division, when and as soon as they shall 
 have been allowed and signed by the said justices, 
 as by the Principal Act provided, and to forward 
 the same by the next available post in a regis- 
 tered letter or letters, with the words " jury list" 
 legibly written or printed on the outside thereof, 
 addressed to the clerk of the peace for the county, 
 riding, or division, at his office, together with a 
 schedule of the parishes and townships for which 
 jury hsts have been then allowed, which schedule 
 shall be signed by one of the said justices, and 
 the clerk to the justices shall be entitled to the 
 fee of two shillings' and sixpence, to be paid out 
 of the county rate, for the discharge of the duties 
 hereby imposed upon him. 
 
 Clerk of the 10. The duties of the clerk of the peace with 
 deal wiSi the reference to the jury lists so forwarded to him 
 jury ii8t#as by the clerks to the justices, and the penalties to 
 which he is liable for making default therein, 
 shall be in aU respects the same as if this act had 
 not passed, and the said lists had been returned 
 by the high constables to the court of quarter 
 sessions Trnder the provisions of the Principal 
 Act. 
 
 All jurors 1 !• -A-ny person liable to serve on any jury 
 may be sum- may be Summoned as heretofore, or in the manner 
 post following ; that is to say, the sheriff or other 
 
 proper officer may make out a summons and 
 affix the seal of his office thereto, and such sum- 
 mons having the words " jury summons" legibly 
 written or printed on the same side as the 
 address, may be sent open by the post, prepaid, 
 and directed to the person so required to serve 
 as junior at his place of abode as described in 
 " the jurors book," which said summons, together 
 with a duplicate endorsed with the name and 
 
25 ^ 26 Vict. cap. 107. 299 
 
 address of the juror to whom the original sum- 
 mons is directed, shall be taken to the postmaster 
 of any post office where money orders are re- 
 ceived or paid, within such hours as shall have 
 been previously, agreed upon at such post office, 
 and under such regulations with respect to the 
 registration of such summons and the fee to be 
 paid for such registration (which fee shall in no 
 case exceed twopence over and above the ordinary 
 rate of postage) as shall from time to time be 
 made by the Postmaster-General in that behalf ; 
 and iQ all cases in which such fee shall have been 
 duly paid the postmaster shall compare the 
 address of the said summons with that of the 
 duplicate, and on being satisfied that they are 
 alike shall forward the summons to its address by 
 the post, and shall return the duplicate to the 
 party bringing the same, duly stamped with the 
 stamp of the said post office ; and the production 
 by the party who posted such summons of such 
 stamped duplicate shall be evidence of the sum- 
 mons having been delivered at the dwelling-house 
 of the person whose name and address is thereon 
 endorsed, at the place mentioned in such indorse- 
 ment, on the day on which such summons would, 
 in the ordinary course of post, have been de- 
 livered, provided it shall appear that the same 
 was not returned by the post office as undeUvered ; 
 and any summons sent by the post as before 
 mentioned, and not so returned as undelivered, 
 shall be considered in aU respects as duly served ; 
 and in the event of any persons to whom: any 
 summons shall be addressed being ascertained to 
 be dead, or to have permanently left the place to 
 which such summons is addressed, the postmaster 
 or letter carrier of the place in which the summons 
 shall then be shall endorse thereon the reason of 
 the non-delivery thereof, and forward the same in 
 the usual course of post to the Eetumed Letter 
 Office in London, in order that it may be returned 
 
300 
 
 The Juries Act, 
 
 Fines may 
 be remitted 
 upon cause 
 shown. 
 
 to the sender: Provided always, that when any 
 summons shall be served by post under the pro- 
 visions of this act, two additional days shall be 
 allowed for "the transmission of such summons 
 by post, over and above the number of days 
 required by law for the service of a summons, 
 before the day on which the juror is required to 
 attend. 
 
 12. Whenever any fine shall be imposed upon 
 any person for not attending as a juror in obe- 
 dience to a summons in that behalf, it shall not 
 be. lawful to estreat the said fine until after the 
 expiration of fourteen days, and in the mean- 
 time the proper officer of the court by which 
 such fine was imposed shall forthwith, by letter, 
 inform the said person of the imposition of such 
 fine, and require him, within six days after the 
 date of such letter, to forward him an affidavit 
 of the cause, if any, of his non-attendance ; and 
 such officer shall, upon the receipt of any such 
 affidavit, submit the same to the said court, or 
 the judge or chairman who presided at the said 
 court at the time when such fine was imposed, and 
 such court, judge, or chairman shall have power 
 to remit such fine. 
 
 Sheriffs to be 13. The oosts incurred by any sheriff sum- 
 costrof moning jurors by post, under the provisions of 
 summonses, this act, SO far as the same shall not exceed the 
 sum allowed to such sheriff, or his predecessor in 
 office, on that account, in any one year within the 
 three years immediately preceding the passing of 
 this act, may be included in his ordinary bill of 
 cravings, and shall be allowed by the Commis- 
 sioners of Her Majesty's Treasury. 
 
 14. This act shall not extend to Scotland or 
 Ireland ; and nothing in this act contained shall 
 Jury lists to alter or affect the mode of procedure heretofore 
 ?n t^raty"' pursued in the making out of jury lists or the 
 of London summoning of jurors in the city of London. 
 
 Extent of 
 a6t. 
 
25 ^ 26 Vict. cap. 107. 301 
 
 15. This act stall come into operation on the Oommence- 
 tenth day of August one thousand eight hundred "™ " *° 
 and sixty-two. 
 
 SOHEDTJLE. 
 
 Precept for retwrnmg Lists of Jvirors. 
 County of "I 
 
 To the churchwardens and overseers of the 
 to wit \ poor of the parish [or, to the overseers of 
 Hundred I the poor of the township] of 
 of j 
 
 Tou are hereby required to make out, before the first day 
 of September next, a true list in writing in the form here- 
 unto annexed, containing the names of all men, being 
 natural-born subjects of the Queen, between the ages of 
 twenty-one and sixty, residing within your parish [or town- 
 ship] qualified to serve upon juries; that is to say, of every 
 such man who has in his own name, or in trust for him, a 
 clear income of ten pounds by the year in lands or tene- 
 ments, whether of freehold, copyhold, or customBry tenure, 
 or of ancient demesne, situate in the said county, or in rents 
 issuing out of any such lands or tenements, or in such lands, 
 tenements, and rents taken together, in fee simple or fee tail, 
 or for his own life, or for the life of any other person, and 
 also of every such man who has a clear income of twenty 
 pounds by the year in lands or tenements situate in the said 
 county, held by lease for the absolute term of twenty-one 
 years, or some longer term, or for any term of years deter- 
 minable on any life or lives, and also of every such man 
 who is a householder in your parish [(»■ township], and is 
 rated or assessed to the poor rate or to the inhabited house 
 duty on a value of not less than twenty pounds [if in 
 Middlesex thirty pounds], and you are required to make 
 out the said list in alphabetical order, and to write the 
 christian and surname of every man at full length, and the 
 place of his abode, his title, quality, calling, or business, 
 and the nature of his qualification, in the proper columns of 
 the forms hereunto annexed, according to the specimens 
 given in such columns for your guidance. 
 
 And if you have not a sufficient number of forms you 
 must apply to me for more ; and in order to assist you in 
 making out the list you are to refer to the poor rate, and 
 you may, if you think proper, apply to any collector or 
 assessor of taxes, or any other officer who has the custody 
 of any house tax, land tax, or other tax assessmeut for your 
 parish [w township], and take from thence the names of 
 men so qualified; And in making. such list you are to omit 
 the names of all peers, all judges, all clergymen, all Eoman 
 Catholic priests who shall have duly taken and subscribed the 
 
302 The Juries Act. 
 
 oaths and declaration required by law ; all ministers of any 
 congregation of Protestant dissenters whose place of meet- 
 ing is duly registered, provided they follow no secular 
 occupation except that of a schoolmaster, and produce to 
 you a certificate of some justice of the peace of their 
 having taken the oaths and subscribed the declaration re- 
 quired by law ; all Serjeants and barristers at law, .all 
 members of the Society of Doctors of Law, and all advocates 
 of the Civil Law, if actually practising, and all attorneys, 
 solicitors, and proctors, if actually practising, and having 
 taken out their annual certificates, and their managing 
 clerks ; all officers of the Oourta of Law and Equity, and of 
 the Admiralty and Ecclesiastical Courts, if actually exer- 
 cising the duties of their respective offices ; all coroners, all 
 gaolers and keepers of houses of correction, and all sub- 
 ordinate officers of the same ; all members and licentiates 
 of the Koyal College of Physicians in London, all members 
 of the Eoyal Colleges of Surgeons in London, Edinburgh, 
 and Dublin, and apothecaries certificated by the Court of 
 Examiners of the Apothecaries Company^, and all registered 
 pharmaceutical chemists, if actually practising as physicians, 
 surgeons, or apothecaries, or pharmaceutical chemistSj re- 
 spectively ; all officers of the Army and Navy on f uU pay ; 
 the master, wardens, and brethren of the Corporation of 
 Trinity House of Deptford Stroud, and their clerks, officers, 
 and servants ; all pilots licensed by the Trinity House of 
 Deptford Btrond, Engston-upon-Hull, or Newcastle-upon- 
 Tyne, and all masters of vessels in the Buoy and Light Ser- 
 vice employed by either of those corporations, and all pilots 
 licensed under any Act of Parliament or charter for the 
 regulation of pilots; all the household servants of Her 
 Majesty ; all Commissioners of Property and Income Tax ; 
 all officers of the Post Office ; all officers of Customs and 
 Excise ; all sheriffs' officers, high constables, and parish 
 clerks ; all officers of the Eural and Metropolitan Police, 
 and also all persons exempt by virtue of any Act of Parlia- 
 ment, prescription, charter, grant, or writ. 
 
 And when you have made out such list you are autho- 
 rised to order a sufficient number of copies thereof to be 
 printed, the expense of which printing will be allowed you 
 by the parish [w township], and you are required, on the 
 three first Sundays in September next, to fix a copy of such 
 list, signed by you, on the principal door of every church, 
 chapel, or other public place of religious worship within 
 your parish [or township], and also to subjoin to every such 
 copy a notice to the following effect, inserting the time and 
 place, of which you shall be previously informed : " Take 
 notice, that all objections to the foregoing list will be heard 
 by the justices in petty sessions on the day of 
 
 September next, at the hour of , at ;" and you 
 
 must allow any inhabitant of your parish for township] to 
 inspect the original list, or a true copy of it, during the 
 three first weeks of September next, gratis ; and you are also 
 further required to produce the said list at such petty 
 
25 ^' 26 Vict. cap. 114. 303 
 
 sesBiouB, and there to answer on oath such questions as 
 shall be put to you by Her Majesty's justices of the peace 
 there present touching the said list; and these several 
 matters you are nowise to omit, upon the peril that may 
 ensue. . 
 
 Given under my hand at in the said county the 
 day of in the year 
 
 Clerk of the Peace. 
 
 The Fmirt of Precept in Wales is to be altered according to 
 the difference of Qiudijication. 
 
 POACHING PEEVENTION AOT. 
 
 (25 & 26 VioT. CAP. 114.) 
 
 An Act for the Prevention of Poaching. — 
 \lth August, 1862.] 
 
 Wheeeas it is expedient ttat tlie laws now in 
 force for the better detection and prevention of 
 poaching should be amended : Be it enacted by 
 the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the 
 same, as foUows : 
 
 1. The word " game " in this act shall for all interpreta- 
 the purposes of this act be deemed to include any ti^a 
 one or more hares, pheasants, partridges, eggs of 
 pheasants and partridges, woodcocks, snipes, 
 rabbits, grouse, black or moor game, and eggs of 
 grouse, black or moor game ; and the words 
 " justice " and " justices " in this act shall, unless 
 otherwise provided for, mean respectively a justice 
 and justices of the peace respectively of or for the 
 comity, riding, division, liberty, city, borough, or 
 place in which any game, gun, part of gun, net, 
 snare, or engine after mentioned shall be found. 
 
304 Poaching Prevention Act, 
 
 Power to 2. It shall be lawful for any constable or peace 
 
 to searoii oflScer in any county, borough, or place in Great 
 wSutwar- Britain and Ireland, in any highway, street, or 
 rant, in cer- public place? to search any person whom he may 
 tain oaB68. j^^^^g gg^ij cause to suspect of coming from any 
 land where he shall have been unlawfully in search 
 or pursuit of game, or any person aiding or 
 abetting such person, and having in his possession 
 any game unlawfully obtained, or any gun, part 
 of gun, or nets or engines used for the killing or 
 taking game, and also to stop and search any 
 cart or other conveyance in or upon which such 
 constable or peace officer shall have good cause to 
 suspect that any such game or any such article or 
 thing is being carried by any such person, and 
 should there be found any game or any such 
 article or thing as aforesaid upon such person, 
 cart, or other conveyance, to seize and detain 
 such game, article, or thing ; and such constable 
 or peace officer shall in such case apply to some 
 justice of the peace for a summons citing such 
 person to appear before two justices of the peace 
 assembled in petty sessions, as provided in the 
 eighteenth and nineteenth of Her present Majesty, 
 chapter one hundred and twenty-six, section nine, 
 as far as regards England and Ireland, and before 
 a sheriff or any two justices of the peace in Scot- 
 land ; and if such person shall have obtained 
 such game by unlawfully going on any land in 
 search or pursuit of game, or shall have used any. 
 such article or thing as aforesaid for unlawfully 
 killing or taking game, or shall have been acces- 
 sory thereto, such person shall, on being convicted 
 thereof, forfeit and pay any sum not exceeding 
 five pounds, and shall forfeit such game, guns, 
 parts of guns, nets, and engines, and the justices 
 shall direct the same to be sold or destroyed, and 
 the proceeds of such sale, with the amount of the 
 penalty, to be paid to the treasurer of the county 
 or borough where the conviction takes place ; and 
 
25 ^26 Vict. cap. 114., 305 
 
 no person who, by direction of a justice in writing, 
 shall seU any game so seized shall be liable to 
 any penalty for such sale ; and if no conviction 
 takes place, the game or any such article or 
 thing as aforesaid, or the value thereof, shaU be 
 restored to the person from whom it had been 
 seized. 
 
 3. Any penalty under this act shall be re- Becovery of 
 covered and enforced in England in the same ^'°°' °°' 
 manner as penalties under the act first and second 
 William the Fourth, chapter thirty-two, and in 
 Scotland under the act second and third William 
 
 the Fourth, chapter sixty-eight, and in Ireland 
 under the Petty Sessions, teland. Act, 1851, 
 when not otherwise directed in this Act. 
 
 4. The powers and provisions of the Act of the Provisions 
 eleventh and tweHth years of Her present Majesty, y'^^ * 43^ 
 chapter forty-three, shall extend and apply to extended to 
 this Act, and to all proceedings, matters, and 
 
 things to be taken, had, and ^one, and to all 
 persons to be proceeded against or taking pro- 
 ceedings under this act. 
 
 5. No conviction or order made under this act, NoconTic- 
 or adjudication made on appeal therefrom, shall qnashedfo? 
 be quashed for want of form, or be removed by ^a"' "' 
 certiorari or otherwise into any of Her Majesty's moved by 
 Superior Courts of Eecord ; and no warrant of '^'o^'"''- 
 commitment shall be held void by reason of any 
 
 defect therein, provided it be therein alleged that 
 the party has been convicted, and there be a good 
 and valid conviction to sustain the same. 
 
 6. Any person who shall think himself Power of 
 aggrieved by any such summary conviction may *^^°* 
 appeal to the next court of general or quarter 
 sessions which shall be holden not less than 
 twelve days after the day of such conviction for 
 
 the county, riding, division, or borough whefein 
 the cause of complaint shall have arisen, provided 
 
306 Misappropriation hy Servants Act, 
 
 ttat sucli person shall give to tlie complainant a 
 notice in writing of such appeal, and of the cause 
 and matter thereof, within three days after such 
 conTiotion,-- and seven clear days at the least 
 before such sessions, and shall, within three days, 
 enter into a recognizance, or bond of caution in 
 Scotland, with a sufficient surety, before a justice 
 of the peace, conditioned pensonally to appear at 
 the said sessions, and to try such appeal, and to 
 abide the judgment of the court thereupon, and 
 to pay such costs as shall be awarded by the 
 court ; and the court at such sessions shall hear 
 and determine the matter of appeal, and shall 
 make such order therein, with or without costs, 
 to either party, as to the court shall seem fit, and 
 shall, if necessary, issue process for enforcing such 
 judgment. 
 
 MISAPPEOPEIATION BY SERVANTS ACT. 
 
 (26 & 27 Vict. cap. 103.) 
 
 An Act to amend the Law in certain Cases of 
 Misappropriation hy Servants of the Property of 
 their Masters. — [28** July, 1863.] 
 
 Wheeeas the offence of taking com or other food 
 by a servant from the possession of his master, 
 contrary to his orders, for the purpose of giving 
 the same or of having the same given to the 
 horses or other animals of such master, is by law 
 a felony : And whereas it is desirable to alter the 
 law in this respect : Be it enacted by the Queen's 
 most excellent Majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and 
 OoAmons, in this present Parliament assembled, 
 and by the authority of the same, as foUows : 
 
26 ^ 27 Vict. cap. 103. 307 
 
 1. If any servant stall, contrary to the orders servants 
 of Us master, take from his possession any com, master's °" 
 pulse, roots, or other food, for the purpose of °°^?' *?•' 
 
 ^. . ', ' J 1 ■ ii ^ • i without au- 
 
 giving the same or oi having the same given to thority, for 
 any horse or other animal belonging to or in the of °g?Tkig'the 
 possession of his master, the servant so offending same to their 
 shall not by reason thereof be deemed guilty of horses, &o., 
 or be proceeded against for felony, but shall, on J^ofy'^at"' 
 conviction of such offence before two justices of shaii be 
 the peace, at their discretion, either be im- prigon^en?, 
 prisoned, with or without hard labour, for any ^■ 
 term not exceeding three m.onths, or else shall for- 
 feit and pay such penalty as shall appear to them to 
 be meet, not exceeding the sum of five pounds, 
 and if such penalty shall not be paid, either im- 
 mediately after the conviction or within such 
 period as the said justices shall at the time of the 
 conviction appoint, the servant so offending shall 
 be imprisoned with or without hard labour, for 
 any term not exceeding three months, unless such 
 penalty be sooner paid : Provided always, that if Power to 
 upon the hearing of the charge the said justices Ssmiss case 
 shall be of opinion that the same is too trifling, " '^^SS?'* 
 or that there are circumstances in the case which 
 render it inexpedient to inflict any punishment, 
 they shall have power to dismiss the charge, 
 without proceeding to a conviction : Provided 
 also, that if upon the trial of any servant for 
 feloniously taking from his master any com, pulse, 
 roots, or other food consumable by horses or other 
 animals, such servant shall allege that he took 
 the same under such circumstances as would con- 
 stitute an offence punishable under this act, and 
 thereof shall satisfy the jury charged with his 
 triSl, then it shall be lawful for such jury to re- 
 turn a verdict accordingly ; and thereupon the 
 court before which such trial shall take place shall . 
 proceed to award such punishment against such ' 
 servant as may be awarded by two justices of the 
 peace on the conviction of any person under the 
 
308 Misappropriation hy Servants Act, 
 
 provisions of this act : Provided also, that in case 
 of nonpayment of any penalty to be imposed by 
 the court on such servant, he shall be imprisoned, 
 with or without hard labour, for any term not 
 exceeding three months, as the court shall order, 
 unless such penalty be sooner paid. 
 
 Power to 2. Provided always, that if any person shall think 
 
 agaSwt con- lii^self aggrieved by any conviction under this 
 viction. act, such person may appeal to the next Court of 
 General Quarter Sessions of the Peace which shall 
 be holden not less than twelve days after the day 
 of such conviction, for the county, riding, division, 
 city, borough, or place wherein the cause of com- 
 plaint shall have arisen ; Provided also, that such 
 person shaU give to the informant a notice in 
 writing of such appeal, and of the cause and 
 matter thereof, within three days after such con- 
 viction, and seven clear days at the least before 
 such sessions, and shall also either remain in 
 custody until the said sessions, or shall enter into 
 a recognizance, vrith two sufficient sureties, before 
 a justice of the peace conditioned personally to 
 appear at the said sessions, and to try such appeal, 
 and to abide the' judgment of the court thereupon, 
 and to pay such costs as shall be by the court 
 awarded, or if such appeal shall be against any 
 conviction whereby only a penalty, with or without 
 costs, is adjudged to be paid, shall deposit with 
 the clerk of the convicting justices such a sum of 
 money as such justices shall deem to be sufficient to 
 cover the penalty and costs, if any, so adjudged to 
 be paid, and the costs of the appeal ; and upon such 
 notice being given, and such recognizance being 
 entered into, or such deposit being made, fhe 
 justices before whom such recognizance shall be 
 . entered into or such deposit .shall be made shall 
 liberate such person, if in custody ; and the court 
 • at such sessions shall hear and determine the 
 matter of the appeal, and shall make such or^er 
 
26 ^ 27 Vict. cap. 103. 309 
 
 therein, with or without costs to either party, as 
 to the court shall seem meet, and in case of the 
 affirmance of the conviction shall order and 
 adjudge the appellant to be punished according to 
 the conviction, and to pay such costs as shall be 
 awarded, and shall, if necessary, issue process for 
 enforcing such judgment ; and in any case where 
 after any such deposit shall have been made as 
 aforesaid the conviction shall be affirmed the court 
 may order the penalty and costs, if any, thereby 
 adjudged to be paid, together with the costs of the 
 appeal, to be paid out of the money deposited, and 
 the residue thereof, if any, to be repaid to the 
 party convicted ; and in any case where after any 
 such deposit the conviction shall be quashed, the 
 court shall order the money deposited to be repaid 
 to the party convicted ; and in every case where 
 any conviction shall be quashed on appeal as 
 aforesaid, the clerk of the peace or other proper 
 officer of the court shall forthwith indorse on the 
 conviction a memorandum that the same has been 
 quashed ; and whenever any copy or certificate of 
 such conviction shall be made, a copy of such 
 memorandum shall be added thereto, and shall be 
 sufficient evidence that the conviction has been 
 quashed in every case where such copy or certifi- 
 cate would be sufficient evidence of such convic- 
 tion : Provided that the right of appeal against 
 any conviction under this act shall not apply so as 
 to enable any person to appeal against any verdict 
 of a jury as aforesaid. 
 
 3. No such conviction, or adjudication made on No cerUo- 
 appeal therefrom, shall be quashed for want of ™'^*' *°' 
 form, or be removed by certiorari into any of Her 
 Majesty's Superior Courts of Eecord ; and no 
 ■ warrant of commitment shall be held void by 
 reason of any defect therein, provided it be therein 
 alleged that the party has been convicted, and there 
 be a good and valid conviction to sustain the same. 
 
310 Penal Servitude Acts Ammdmeml Act, 
 
 Summary 4. Every offence under tMs act may be prose- 
 
 may^be un- cuted and every conviction under this act may be 
 
 v!o/^ * 3^ enforced in tbe manner directed by the Act of the 
 
 session holden«in the eleventh and twelfth years 
 
 of Queen Victoria, chapter forty-three ; and aU 
 
 provisions contained in the said act shall, unless 
 
 repugnant to any of the provisions of this act, 
 
 be applicable to such prosecution and conviction, 
 
 in the same manner as if they were incorporated 
 
 Except in in this act : Provided that nothing in this act 
 
 ttieMetropo^ Contained shall in any manner alter or affect any 
 
 litan police enactments relating to procedure in the case of 
 
 any offence punishable on summary conviction 
 
 ■within the City of London or the Metropolitan 
 
 Police District, or the recovery or application of 
 
 any penalty for any such offence. 
 
 Extent of 5. This act shall extend to England only. 
 
 act. 
 
 Commence- 6. This Act shall commence and take effect 
 meat of act, f^.^^ ^j^^ g^^^. ^^^ ^j September, one thousand 
 
 eight hundred and sixty-three. 
 
 diatrict. 
 
 PENAL SEEVITUDE ACTS AMENDMENT 
 ACT. 
 
 (27 & 28 Vict. cap. 47.) 
 
 An Act to amend the Penal Servitude Acts. — 
 \2hth, July, 1864.] 
 
 16 & 17 Vict. Wheeeas two acts were passed, the one chapter 
 iot, 21 Vict, nuiety-nineinthe session of the sixteenth and seven- 
 <=■ 3- teenth years of the reign of Her present Majesty, 
 
 and the other chapter three in the session of the 
 twentieth and twenty-first years of the same 
 reign, having for their object the substitution of 
 other punishments in Heu of transportation : And 
 whereas it is expedient to amend the said acts: 
 
27 * 28 Vict. cap. 47. 311 
 
 Be it enacted by tlie Queen's most Excellent 
 Majesty, by and with, tbe advice and consent of 
 the Lords spiritual and temporal, and Commons, in 
 this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This act shall be construed as one with the Short titles, 
 above-mentioned acts, and the said acts, together 
 
 with this act, may be cited for all purposes as the , 
 Penal Servitude Acts, 1853, 1857, and 1864, and 
 each of the said acts may be cited as the Penal 
 Servitude Act of the year in which it was passed. 
 
 Sentences of Penal Servitude. 
 
 2. No person shall be sentenced to penal ser- Length of 
 vitude in respect to any offence committed after penaUeT- 
 the passing of this act for a period of less than vitnde. 
 five years, and where under any act now in force 
 
 a period of less than five years is the utmost 
 sentence of penal servitude that can be awarded, 
 a- period of five years shall, in respect to any 
 offence committed after the passing of this act, 
 in such 'act be substituted for the less period; 
 and where under any act now in force a period 
 of either less or more than five years may be 
 awarded as a sentence of penal servitude, the 
 least sentence of penal servitude that can be 
 awarded under that act shall, in respect to any 
 offence committed after the passing of this act, 
 be a period of ^ve years ; and where any person 
 shall on indictment be convicted of any crime or 
 offence punishable with penal servitude, after 
 having been previously convicted of felony, or, in 
 Scotland, of any crime, (whether such previous 
 conviction shall haye taken place upon an indict- 
 ment or under the provisions of the act passed in 
 the eighteenth and nineteenth of Victoria, chapter 
 one hundred and twenty-six,) the least sentence 
 of penal servitude that can be awarded in such 
 case shall be a period of seven years. 
 
312 Penal Servitude Acts Amendment Act, 
 
 Convict Prisons. 
 Punishment 3. One of Her Majesty's Principal Secretaries 
 i°n confer of State in Great Britain, and the Lord Lieutenant 
 prisons. or other chief governor in Ireland, may, by 
 warrant under his hand and seal, empower any 
 two or more justices of the peace, to he named in 
 such warrant, acting for any county in which 
 a prison for the reception of convicts under 
 sentence of penal servitude is situate, to order, 
 from time to time, the infliction of corporal 
 punishment on any convict confined in such 
 prison, for an offence committed by such convict 
 in such prison, and against the discipline thereof ; 
 and any two or more justices of the peace thus 
 empowered shall have the same power of adjudi- 
 cating on such offences, and of ordering the> 
 infliction of such punishment, to be exercised 
 under the same conditions as one of the directors 
 of convict prisons would have, and no greater. 
 
 Licences. 
 Forfeiture of 4. A licence granted under the said Penal 
 licence. Servitude Acts, or any of them, may be in the 
 form set forth in schedule (A.) to this act annexed, 
 and may be written, printed, or lithographed. If 
 any holder of a licence granted in the form set 
 forth in the said schedule (A.) is convicted, either 
 by the verdict of a jury, or upon his own con- 
 fession, of any offence for which he is indicted, 
 his licence shall be forthwith forfeited by virtue 
 of such conviction ; or if any holder of ■ a Ucence 
 granted under the said Penal Servitude Acts, 
 or any of them, who shaU be at large in the 
 United Kingdom, shall, unless prevented by 
 illness or other unavoidable cause, fail to report 
 himself personally, if in Great Britain to the 
 chief police station of the borough or pohoe 
 division, and if in Ireland to the constabulary 
 station, of the locality to which he may go within 
 three days after his arrival therein, and being 
 
27 §■ 28 Vict. cap. 47. 313 
 
 a male subsequently once in eacli month, at sucli 
 time and place, in such manner, and to such 
 person as the oliief officer of the constabulary- 
 force to 'wMcli such station belongs shall appoint, 
 or shall change his residence from one police 
 district to another without having previously 
 notified the same to the police or constabulary 
 station to which he last reported himself, he shall 
 be deemed guilty of a misdemeanor, and may be 
 summarily convicted thereof, and his licence shall 
 be forthwith forfeited by virtue of such con- 
 viction, but he shall not be liable to any other 
 punishment by virtue of such conviction. • 
 
 5. If any holder of a licence granted in the Offences by 
 form set forth in the said schedule (A.), — j^°^^™ °' "^ 
 
 1. Fails to produce his licence when required 
 
 to do so by any judge, justice of the 
 peace, sheriff, sheriff substitute, police or 
 other magistrate before whom he may be 
 brought charged with any offence, or by 
 any constable or officer of the police in 
 whose custody he may be, and also fails 
 to make any reasonable excuse why he 
 does not produce the same ; or 
 
 2. Breaks any of the other conditions of his 
 
 licence by an act that is not of itself 
 punishable either upon indictment or upon 
 summary conviction ; 
 He shall be deemed guilty o^ an offence punish- 
 able summarily by imprisonment for any period 
 not exceeding three months, with or without hard 
 labour. 
 
 6. Any constable or police officer may, without Apprehen- 
 warrant, take into custody any holder of such a hoWer of 
 licence whom he may reasonably suspect of having licence with- 
 committed any offence, or having broken any of 
 
 the conditions of his licence, and may detain him 
 in custody until he can be taken before a justice 
 p 
 
314 Penal Servitude Acts Amendment Act, 
 
 of the peace or other competent magistrate, and 
 dealt with according to law. 
 
 Summary 7. In Endand and Ireland any offence under 
 puntehment this act punSiable summarily may be prosecuted 
 summarily before two or more justices ; as to 
 England, in manner directed by an act passed in 
 the session holden in the eleventh and twelfth 
 years of the reign of Her Majesty Queen Victoria, 
 chapter forty-three, intituled " An Act to facilitate 
 the Performance of the Duties of Justices of the 
 Peace out of Sessions within England and Wales 
 1 with respect to Summary Convictions and Orders," 
 
 or any act amending the same ; and as to Ireland, 
 in manner directed by the act passed in the 
 session holden in the fourteenth and fifteenth 
 years of the reign of Her Majesty Queen Victoria, 
 chapter ninety-three, intituled " An Act to con- 
 solidate and amend the Acts regulating the Pro- 
 ceedings of Petty Sessions, and the Duties of 
 Justices of the Peace out of Quarter Sessions in 
 Ireland," or any act amending the same. 
 
 In Scotland any offence under this act punish- 
 able summarily may be prosecuted upon summary 
 conviction at the instance of the Procurator Fiscal 
 before any sheriff or sheriff substitute, or before 
 any two justices of the county, or before the 
 magistrates or any police magistrate of the burgh 
 in which the offence is committed. 
 
 ' 8. Where any holder of a Uoence granted in 
 the form set forth in the said schedule (A.) is 
 convicted of an offence punishable summarily 
 under this or any other act, the justices, sheriff, 
 sheriff substitute, or other magistrate convicting 
 the prisoner shall without delay forward by post 
 a certificate in the form given in schedule (B.) to 
 this act annexed, if in England or Scotland to 
 one of Her Majesty's principal Secretaries of 
 State, if in Ireland to the Lord Lieutenant or 
 other chief governor of Ireland, and thereupon 
 
 Where 
 holder of 
 licence is 
 summarily 
 convicted, 
 convicting 
 magistrate 
 to forward 
 certificate to 
 Secretary of 
 State or 
 Lord Lieu- 
 tenant of 
 Ireland. 
 
27 ^28 Vict. cap. AH. 315 
 
 the licence of the said holder may be revoked in 
 manner provided by the said Penal Servitude 
 Acts. 
 
 - 9. Where any licence granted in the form set Effect of 
 forth in the said schedule (A.) is forfeited by a 0?™™^! 
 conviction of any indictable offence, or is revoked "o" "' 
 in pursuance of a summary conviction under this °™°°' 
 act or any other act of Parliament, the person 
 whose licence is forfeited or revoked shaU, after 
 undergoing any other punishment to which he 
 may be sentenced for the offence in consequence 
 of which his licence is forfeited or revoked, 
 further undergo a term of penal servitude equal 
 to the portion of his term of penal servitude that 
 remained unexpired at the time of his licence 
 being granted, and shall, for the purpose of his 
 undergoing such last mentioned punishment, be 
 removed from the prison of any county, borough, 
 or place in which he may be confined, to any 
 prison in which convicts under sentence of penal 
 servitude may lawfully be confined, by warrant 
 under the hand and seal of any justice of the 
 peace of the said county, borough, or place, and 
 shall be liable to be there dealt with in all respects 
 as if such term of penal servitude had formed 
 part of his original sentence. 
 
 10. Provided always, that it shall be lawful for Licences 
 Her Majesty, or for the Lord Lieutenant or other ^■anted in 
 chief governor in Lreland, whenever they shall ^°™^ differ- 
 respectively think fit, to grant from time to time that in"" 
 to convicts under sentence of penal servitude, ^"''^'luie ca.) 
 licences in any other form different from that set 
 forth in schedule (A.), which they may respec- 
 tively consider it expedient to adopt, and contain- 
 ing other and different conditions ; and such last- 
 mentioned licences shall be revocable at pleasure 
 by the authority by which they are granted ; but 
 no holder of such last-mentioned licence shall be 
 deemed guilty of an offence punishable upon sum- 
 p 2 
 
316 Penal Servitude Acts Amendment Act. 
 
 mary conviction merely by reason of the breach 
 of the conditions of the said last-mentioned 
 licences or any of them. 
 
 SCHEDULES. 
 
 Schedule (A.). 
 Order ofl.icmce to a Convict made vnder the Statute, 
 Whitehall, 
 
 day of 18 
 
 Her Majesty is graciously pleased to grant to , who 
 
 was convicted of at the for the on the 
 
 , and was then and there sentenced to be kept in 
 penal servitude for the term of and is now confineil 
 
 in the her royal licence to be at large from the day of 
 
 his liberation under this order during the remaining portion 
 of his said term of penal servitude, unless the said 
 shall before the expiration of the said term be convicted Of 
 some indictable offence within the United Kingdom, in 
 which case such licence will be immediately forfeited by law, 
 or unless it shall please Her Majesty sooner to revoke or 
 alter such licence. 
 
 This licenc-e is given subject to the conditions indorsed 
 upon the same, upon the breach of any of which it will be 
 liable to be revoked, whether such breach is followed by a 
 convictioh or not. 
 
 And Her Majesty hereby orders that the said be 
 
 set at liberty within thirty days from the date of this order. 
 Given under my hand and seal 
 
 Conditions. 
 
 1. The holder shall preserve his licence and produce it 
 when called upon to do so by a magistrate or police officer. 
 
 2. He shall abstain from any violation of the law. 
 
 3. He shall not habitually associate with notoriously bad 
 characters, such as reputed thieves and prostitutes. 
 
 4. He shall not lead an idle and dissolute life, without 
 visible means of obtaining an honest livelihood. 
 
 If his licence is forfeited or revoked in consequence of a 
 
 conviction for any offence, he will be liable to undergo a 
 
 term of penal servitude equal to the portion of his term of 
 
 years which remained unexpired when his licenoe 
 
 was granted, viz., the term of "years. 
 
27^28 Vict, cap. 110. 317 
 
 SCHEDtTLE (B.)- 
 
 Form of Cei-tijlcate of Conviction of Holder of Licence. 
 
 1 do hereby certify that A.B., the holder of a licence uoder 
 the Penal Servitude Acts, was on the day of 
 
 in the year duly convicted by of the offence 
 
 of and sentenced to 
 
 CD., 
 
 Clerk to the said justices. 
 
 LIMITED PENALTIES ACT. 
 
 (27 & 28 Vict. cap. 110.) 
 
 An Act for the Amendment of the Law relating to 
 the Mitigation of Penalties. — \2^thJuly, 1864.] 
 
 Whbebas by various public acts of Parliament 
 penalties are imposed in respect of certain offences, 
 and it is provided that such penalties are not to 
 be reduced below the limits in such acts specified,: 
 And whereas the provisions of the said public acts 
 are contravened by special enactments introduced 
 into certain local acts, empowering the justices or 
 court having cognisance of offences in certain 
 localities to mitigate all penalties in respect of 
 such offences : And whereas it is expeifient to 
 prevent such contravention as aforesaid of the 
 general law ; Be it enacted by the Queen's most 
 excellent Majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and 
 Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 1. Where any public act of Parliament provides jnstioes 
 that in respect of any offence therein mentioned a ^^amtm- 
 penalty is to be imposed of not less than a par- gating 
 tioular sum of money, or of not less than a certain under gene- 
 term of imprisonment or other punishment therein ral powers 
 specified, it shall not be lawful for the justices or 
 court having cognisance of such offence to mitigate 
 
Short tiOe. 
 
 318 Felony and Misdemeanor, ^c. Act, 
 
 such penalty below tte limit specified in that act 
 of Parliament, in pursuance of any ■power of miti- 
 gating penalties conferred on such justices or 
 court by any local or private act of Parliament. 
 
 2. This act may be cited for all purposes as 
 " The Limited Penalties Act, 1864." 
 
 Provisions 
 of sect 2 of 
 tills act to 
 apply to 
 triaJs com- 
 menced on 
 or after 
 July 1, 1865. 
 
 FELONY AND MISDEMEANOR (EVIDENCE 
 AND PEAOTIOE AMENDMENT) ACT. 
 
 (28 Vict. cap. 18.) 
 
 An Act for amending the Law of Evidence arui 
 Practice on Criminal Trials. — [9th May, 
 1865.] 
 
 Wheeeas it is expedient that the law of evidence 
 and practice on trials for felony and naisdemeanor 
 and other proceedings in courts of criminal judi- 
 cature should be more nearly assimilated to that 
 on trials at nisi prius : Be it enacted by the 
 Queen's most excellent Majesty, by and with the 
 advice and consent of the Lords spiritual and , 
 temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the, 
 same, as follows ; that is to say, 
 
 1. That the provisions of section two of this 
 act shall apply to every trial for felony or mis- 
 demeanor which shall be commenced on or after 
 the first day of July one thousand eight hundred 
 and sixty-five, and that the provisions of sections 
 from three to eight, inclusive, of this act shall 
 apply to all courts of judicature, as well criminal 
 as all others, and to all persons having, by law or 
 by consent of parties, authority to hear, receive, 
 and examine evidence. 
 
28 Vict cap. 18. 819 
 
 2. If any prisoner or , prisoners, defendant or Summing up 
 defendants, shall be defended by counsel, but notg^;[^ff„7 
 otherwise, it stall be tlie duty of tbe presiding 'eiony and 
 judge, at the close of the case for the prosecution, meaner, 
 to ask the counsel for each prisoner or defendant 
 so defended by counsel whether he or they intend 
 to adduce evidence, and in the event of none of 
 them thereupon announcing his intention to 
 adduce evidence, the counsel for the prosecution 
 shall be allowed to address the jury a second time 
 in support of his case, for the purpose of summing 
 up the evidence against such prisoner or prisoners, 
 or defendant or defendants ; and upon every trial 
 for felony or misdemeanor, whether the prisoners 
 or defendants, or any of them, shall be defended 
 by counsel or not, each and every such prisoner or 
 defendant, or his or their counsel respectively, 
 shall be allowed, if he or they shall think fit, to 
 open his or their case or cases respectively ; and 
 after the conclusion of such opening or of all 
 such openings, if more than one, such prisoner or 
 prisoners, or defendant or defen'dants, or their 
 counsel, shall be entitled to examine such wit- 
 nesses as he or they may think fit, and when all 
 the evidence is concluded to sum up the evidence 
 respectively ; and the right of reply, and practice 
 and course of proceedings, save as hereby altered, 
 shall be as at present. 
 
 3. A party producing a witness shall not be How tar 
 allowed to impeach his credit by general evidence be"du-^ "^^ 
 of bad character, but he may, in case the witness credited by 
 shall, in the opinion of the judge, prove adverse, producing, 
 contradict him by other evidence, or, by leave 
 of the judge, prove that he has made at other 
 times a statement inconsistent with his present 
 testimony ; but before such last-mentioned proof 
 can be given the circumstances of the supposed 
 statement, sufficient to designate the particular 
 occasion, must be mentioned to the witness, and 
 
As to proof 
 of contrar 
 dictory 
 statements 
 of adverse 
 witness. 
 
 Cross-ex- 
 aminations 
 as to pre- 
 vious state- 
 ments in 
 writing. 
 
 Proof of 
 previous 
 conviction 
 of witness 
 may be 
 given. 
 
 320 Felony and Misdemean&i', #c. Act. 
 
 he must be asked whether or not he has made 
 such statement. 
 
 4. If a witness, upon cross-examination as to a 
 former statement made by him relative to the 
 subject matter of the indictment or proceeding, 
 and inconsistent with his present testimony, does 
 not distinctly admit that he has made such state- 
 ment, proof may be given that he did in fact 
 make it ; but before such proof can be given the 
 circumstances of the supposed statement, sufficient 
 to designate the particular occasions, inust be 
 mentioned to the witness, and he must be asked 
 whether or not he has niade such statement. 
 
 5. A witness may be cross-examiaed as to pre- 
 vious statements made by him in writing or 
 reduced iato writing relative to the subject matter 
 of the indictment or proceeding, without such 
 writing being shown to him ; but if it is intended 
 to contradict such witness by the writing, his 
 attention must, before such contradictory proof 
 can be given, be called to those parts of the 
 writing which are to be used for the purpose of so 
 contradicting him : Provided always, that it shall 
 be competent for the judge, at any time during 
 the trial, to require the production of the writing 
 for his inspection, and he may thereupon make 
 such use of it for the purposes of the trial as he 
 may think fit. 
 
 6. A witness may be questioned as to whether 
 he has been convicted of any felony or misde- 
 meanor, and upon being so questioned, if he 
 either denies or does not admit the fact, or refuses 
 to answer, it shall be lawful for the cross-examin- 
 ing party to prove such conviction ; and a certifi- 
 cate containing the substance and effect only 
 (omitting the formal part) of the indictment and 
 conviction for such offence, purporting to be signed 
 by the clerk of the court or other ofiScer having 
 
28 J 29 Vict. cap. 127. 321 
 
 tlie custody of the records of the court where the 
 offender was conyioted, or by the deputy of such * 
 clerk or officer (for which certificate a fee of five 
 shillings and no more shall be demanded or taken) 
 shall, upon proof of the identity of the person, be 
 sufficient evidence of the said conviction, without 
 proof of the signature or official character of the 
 person appearing to have signed the same. 
 
 7. It shall not be necessary to prove by the as to proof 
 attesting witness any instrument to the validity of ^^e'ssea?!^ 
 which attestation is not requisite, and such instru- 
 ment may be proved as if there had been no 
 attesting witness thereto. 
 
 8. Comparison of a disputed writing with any as to com 
 writing proved to the satisfaction of the judge to §|^p„™d°' 
 be genuine shall be pennitted to be made by writing, 
 witnesses ; and such writings, and the evidence of 
 witnesses respecting the same, may be submitted to 
 
 the court and jury as evidence of the genuineness 
 or otherwise of the writing in dispute. 
 
 9. The word "counsel" in this act shall be "Coansei." 
 construed to apply to attorneys in all cases where 
 attorneys are allowed by law or by the practice of 
 
 any court to appear as advocates. 
 
 10. This act shall not apply to Scotland. Not to apply 
 
 '■^ ^ to Scotland. 
 
 SMALL PENALTIES ACT. 
 
 (28 & 29 Vict. gap. 127.) 
 
 An Act to amend the Law relating to small Penalties, 
 —[lath July, 1865.] 
 
 Wheebas it is expedient to amend the law relating 
 
 to small penalties : Beit enacted by the Queen's most 
 
 excellent Majesty, by and with the advice andcon- 
 
 p3 
 
322 Small Penalties Act. 
 
 sent of the Lords spiritual and temporal, and Com- 
 mons, in this present Parliament assembled, and 
 by the authority of the same, as follows : 
 
 1. This act may be cited for all purposes as 
 "The Small Penalties Act, 1865." 
 
 Commence- 2. This act shall come into operation on the 
 first day of August, one thousand eight hundred 
 and sixty-five. 
 
 Deflnition of 3. The word "penalty " in this act shall include 
 any sum 01 money recoverable m a summary 
 manner. 
 
 Becovery of 4. Whereupon summary conviction any offender 
 
 small penal- i_j-jni ix i t 
 
 ties. may be aajudged to pay a penalty not exceedmg 
 
 five pounds, such offender, in case of nonpajTnent 
 thereof, may, without any warrant of distress, be 
 committed to prison for any term not exceeding 
 the period specnfled in the following scale, unless 
 the penalty shaU be sooner paid : 
 
 For toy penalty- ^''^ '"t?^S''" ™' 
 
 Not exceeding ten shillings Seven days. 
 Exceeding ten shillings and) -r, ^ j 
 
 not exceeding one pound) ^ ' 
 
 Exceeding one pound but| ^^ ,, 
 
 npt exceeding two pounds j °^ ' 
 
 Exceeding two pounds but) „ .-, 
 
 not exceeding five pounds) 
 
 Saving as 5. Nothing in this act contained shall affect the 
 labour* power of imposing hard labour in addition to im- 
 prisonment in oases where hard labour might, on 
 nonpayment of the penalty, have been so imposed ' 
 if this act had not been passed. 
 
 Application 6. This act shall apply to penalties, including 
 costs, recoverable m a sumnaary manner ih pur- 
 suance of any act of Parliament, whether passed 
 before or after the commencement of this act; 
 and all provisions of any act of Parliament 
 
 ot net. 
 
29 # 30 Vict. cap. 52. 323 
 
 authorising, in the case of nonpayment of a penalty 
 not exceeding five pounds, a longer term of im- 
 prisonment than is provided by this act, shall be 
 repealed. 
 
 _ 7. This act shaU not apply to any penalty N''y^''„J;j'P^y 
 imposed by any act of Parliament relating to the under Reve- 
 Inland Revenue. °™ " '' 
 
 8. This act shall extend to England only. Extent of 
 
 PROSECUTION EXPENSES ACT. 
 
 (29 & 30 Vict. cap. 52.) 
 
 An Act to extend the Law relating to the Eocpenses 
 of Prosecutions, and to make Provision for 
 Expenses on Charges of Felony and certain 
 Misdemeanors before examining Magistrates. — 
 \2Zrd July, 1866.] 
 
 Wheeeas by the act of the seventh year of King 7 Geo. 4, 
 George the Fourth, chapter sixty-four, certain "^ **' 
 provisions were made relating to the allowance of 
 costs, expenses, and compensation to prosecutors 
 and witnesses in cases of prosecutions for felonies 
 and certain misdemeanors therein mentioned, and 
 by an act of the session of the fourteenth and u & 15 Viot 
 fifteenth year of Her Majesty, chapter flfty-flve, "' ^*" 
 the provisions of the said act are extended, and 
 authority is given to one of Her Majesty's Secre- 
 taries of State to regulate the scale of payment to 
 be allowed or ordered under the said act or any 
 other act, as to the rates or scales of payment 
 according to which certificates may be granted by 
 the examining magistrate or magistrates in respect 
 of the expense of any prosecutor or witnesses 
 attending before such magistrate or magistrates : 
 And whereas it is expedient to extend the law 
 
324 Prosecution Expenses Act, 
 
 relating to expenses in oases of prosecutions to tlie 
 payment of expenses incurred in attending before an 
 ■ examining magistrate or magistrates, and to com- 
 pensation for trouble and loss of time tterein, on 
 any charge of felony bond fide made, and on any case 
 of tlie several classes of misdemeanor enumerated 
 in section twenty-three of the said act of King 
 George the Fourth, or of section two of the said 
 act of Her Majesty, bond fide preferred, although 
 the parties may not be bound over by recog- 
 nizance or subpoena to prosecute or give evidence, 
 and although no committal for trial may take 
 place : 
 
 Be it therefore enacted by the Queen's most 
 excellent Majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and 
 Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 Powers of 1. It shall and may be lawful for any magis- 
 magtatnitf ^^^^^ or magistrates, at his or their discretion, and 
 to grant lie or they is and are hereby authorised and em- 
 expenses to powered, at the request or any prosecutor or other 
 SSed person who shall have appeared before such magis- 
 ancL petty trate or magistrates, either by summons or other- 
 cierksto ''^^e, on a charge of felony, bond fide made upon 
 be entitled reasonable and probable cause, or on a charge in 
 depositionn. any case of the several misdemeanors enumerated 
 in section twenty-three of the said act of Bong 
 George the Fourth, and of section two of the said 
 act of Her Majesty, bona fide preferred, and who 
 shall have been examined on such charge of 
 felony and misdemeanor, to grant a certificate of 
 the expenses and of the amount to be allowed for 
 trouble and loss of time to the witnesses so appear- 
 ing and examined on such charge of felony or 
 misdemeanor, in the same manner and to the 
 same or like extent as magistrates are authorised 
 by law to do in cases ol felony and in cases of' 
 misdemeanor enumerated in the said acts, where 
 
29' ^ 30 Vict. cap. 52, 325 
 
 a committal for trial takes place or the parties are 
 bound over by recognizance or subpoena to prose- 
 cute and give evidence ; and it shall also be law- 
 ful for such examining magistrate or magistrates 
 to allow to the clerk of tlie magistrates acting for 
 the petty sessional division or district (except 
 where such clerk is paid by salary in lieu of fees) 
 the same fees on taking the depositions on such 
 charge or charges as would be allowed to him, or 
 he would be entitled to at law, in the event of a 
 committal for trial takiag place, and to include 
 such allowance of fees in the certificate. 
 
 2. Every examining magistrate signing or Magistratea 
 granting such certificate shall forward the, same oerSacates'' 
 to the clerk of the peace of the county, riding, to forward 
 division, city, or borough within which such petty clerks of the 
 sessional division or district is situate, to be laid f^-'ft '," *'® 
 by him before the next quarter sessions of the Court of 
 peace for such county, riding, division, city, or ^^S5!^^ff4' 
 borough ; and such court shall be at liberty to ""? *"°w 
 allow the amount or so much of the amount wholly or 
 named in the certificate, on the same being cer- P"'''>S'"y' 
 tified by the proper officer of the court of quarter orders for 
 sessions as correct, in accordance with the scale P'^y™™'- 
 of payment fixed or to be from time to time fixed 
 
 under section five of the act of Her Majesty before 
 referred to, and thereupon to sign an order for 
 pajrment on the treasurer or other officer of the 
 county, riding, or division, or city, liberty, or 
 franchise, in which the offence shall have been 
 committed or supposed to have been committed, 
 in the same ijianner as an order for payment would 
 have been made ui case the parties had been 
 bound over to prosecute, and an indictment had 
 been preferred, and such treasurer or other officer 
 shall pay the amount of such order to the person 
 or persons named therein. 
 
 3. This act shall continue in force for three Duration of 
 years next after the passing thereof, and thence ''°*' 
 
326 Reformatory Schools Act, 
 
 to the end of the then next session of Parlia- 
 ment. 
 
 Appiico,tion 4. THs act shall not extend to Ireland or 
 °"^'- Scotland. ' 
 
 EEFOEMATOEY SCHOOLS ACT. 
 
 (29 & 30 Vict. cap. 117.) 
 
 An Act to consolidate and amend the Acts relating 
 to Reformatory Schools in Great Britain.— 
 \\Qth August, If'^^-'] 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present ParUament assembled, and by the 
 authority of the same, as follows : 
 
 Preliminary. 
 
 Short title. 1. This act may be cited as " The Eef ormatory 
 Schools Act, 1866." 
 
 ■ Application 2. This Act shall not extend to Ireland. 
 
 of act. 
 
 Doflnition of 3. " Managers " shall include any person or 
 persons having the management or control of any 
 school to which this act applies : 
 
 "Justice " shall apply to England only, and shall 
 mean a justice of the peace having jurisdi'ction in 
 the place where the matter requiring the cogni- 
 zance of a justice arises : 
 
 "Justices" shall apply to England only, and 
 shall mean two or more justices in petty sessions, 
 and shall include the Lord Mayor or an alderman 
 of the City of London, or a police or stipendiary 
 magistrate or other justice having by law authority 
 to act alone for any purpose with the powers of 
 two justices : 
 
 terms. 
 
29 (f- 30 Vict. cap. 117. 327 
 
 " Magistrate " shall apply to Scotland only, and 
 stall include sheriff, sheriff-substitute, justice of 
 the peace of a county, judge in a police court, and 
 provost or baillie of a city or burgh : 
 
 " Prison authority " shall in England mean the 
 same persons as are defined to be prison authorities 
 by the Prisons Act, 1865, and in Scotland shall as & 29 viot. 
 mean the administrators of a prison, as defined by °' 'f ^' „. 
 the Prisons (Scotland) Administration Act, 1860 : a. los. 
 
 " Visiting Justice " shall in Scotland mean the 
 administrators of a prison, defined as aforesaid. 
 
 Certified Reformatory Schools. 
 
 4. One of Her Majesty's principal Secretaries of Mode ot oer- 
 State, hereinafter referred to as the Secretary of lom^ory 
 State, may, upon the application of the managers scbools. 
 
 of any reformatory school for the better training of 
 youthful offenders, direct one of Her Majesty's 
 inspectors of prisons, who shall be styled the 
 Inspector of Eef ormatory Schools, to examine into 
 the condition and regulations of the school, and to 
 report to him thereon ; and, if satisfied with such 
 report, the Secretary of State may, by writing 
 under his hand, certify that such school is fitted 
 for the reception of such youthful offenders as may 
 be sent there ,in pursuance of this act, and the 
 same shall be deemed a certified reformatory 
 school. 
 
 No substantial addition or alteration shall be 
 made to or in the buildings of any certified re- 
 formatory school without the approval in writing 
 of the Secretary of State. 
 
 5. Every certified reformatory school shall from inspecUon 
 time to time, and at least once in every year, be "' =°^'"''- 
 visited by the Inspector of Eeformatory Schools ; 
 
 and the Secretary of State, if dissatisfied with the 
 condition of such school as reported to him, may 
 withdraw the certificate, and may by notice under 
 his hand, addressed and sent to the managers of such 
 
328 Beformatory Schools Act, 
 
 school, declare that the certificate is withdrawn as 
 from a time specified in the notice, being not less 
 than six months after the date of the notice. 
 
 Power to 6. The Secretary of State may from time to time 
 
 aStontto ^PP0™t a fit person to assist the Inspector of 
 (napeotor. Reformatory Schools ; and every person so appointed 
 shall have such of the powers and duties of the 
 inspector as the Secretary of State from time to 
 time prescribes, but shall act under the direction 
 of the inspector. 
 
 HeBignation 7. The managers of any certified reformatory 
 by m»na-°''° school may, upon giving six months, and the 
 gers. executors or administrators of a deceased manager 
 
 (if only one) of any certified reformatory school 
 may, upon giving one month's previous notice in 
 writing of their intention so to do, resign the 
 certificate given to such school ; and accordingly at 
 the expiration of six months or one month (as the 
 case may be) from the date of the notice (unless 
 before that time the notice is withdrawn), the 
 certificate shall be deemed to be resigned. 
 
 LiabUities 8- The managers of a certified reformatory 
 of managers gohool may decline to receive any youthful offen- 
 der proposed to be sent to them under this act, 
 but when they have once received him they 
 shall be deemed to have undertaken to educate, 
 clothe, lodge, and feed him during the whole 
 period for which he is liable to be detained in the 
 school, or until the v^ithdrawal or resignation of 
 the certificate takes effect, or until the contribution 
 out of money provided by Parliament towards the 
 custody and maintenance of the offenders de- 
 tained in the school is discontinued, whichever 
 shall first happen. 
 
 EfEeotof 9- Whenever the certificate is withdrawn from 
 
 of'OTrHfl™' or resigned by the managers of a reformatory 
 
 oate. school no youthful offender shalljbe received into 
 
 such school after the date of the receipt by the 
 
29 ^30 Vict. cap. 117. 329 
 
 managers of the school of the notice of with- 
 drawal or after the date of the notice of resigna- 
 tion (as the case may be) ; but the obligation of 
 the managers to educate, clothe, lodge, and feed 
 any youthful offenders in the school at the re- 
 spective dates aforesaid shall, excepting so far as 
 the Secretary of State may otherwise direct, be 
 deemed to continue until the withdrawal or 
 resignation of the certificate takes effect, or 
 until the contribution out of money provided by 
 Parliament towards the custody and maintenance 
 of the offenders detained in the school is dis- 
 continued, whichever shall first happen. 
 
 10. When the withdrawal or resignation of Disposal of 
 the certificate of a reformatory school takes effect, ^Xdraw™ 
 the youthful offenders detained therein shall be, or resigna- 
 by the order of the Secretary of State, either dis- eertifleate. 
 charged or transferred to some other certified 
 reformatory school. 
 
 11. A notice of a grant of any certificate to a Pumioation 
 reformatory school, or of the withdrawal or°J^^i,f*°* 
 resignation of such a certificate, shall within one flrawal of 
 month be advertised by order of the Secretary of 
 
 State, as to a school in England in the London 
 Gazette, and as to a school in Scotland in the 
 Edinburgh Gazette. 
 
 12. The managers of any certified reformatory Power to 
 school may from time to time make all necessary ^^^^ ™'°^ 
 rules for the management and discipline of the 
 
 school under their charge, but such rules shall not 
 be contrary to the provisions of this act, and shall 
 not be enforced untU they have been submitted 
 to and approved in writing by the Secretary of 
 State, and no alteration shall be made without 
 the approval in writing of the Secretary of State 
 in any rules so approved. 
 
 13. Every officer of a certified reformatory offleers to 
 school authorized by the managers of the school, *""« P''™- 
 
830 Reformatory Schools Act, 
 
 legca, &0. of in writing under tlieir hands or tlie hand of their 
 secretary, to take charge of any youthful offender 
 sentenced to detention under this act for the pur- 
 pose of coaveying him to or from the school, or of 
 bringing him back to the school in case of his 
 escape or refusal to return, shall, for such purpose 
 and while engaged in such duty, have all such 
 powers, authorities, protection, and privileges for 
 the purpose of the execution of his duty as a 
 reformatory ofiScer as any constable duly appointed 
 has within his constablewick by common law, 
 statute, or oustoia. 
 
 Commitment of Offenders to and their Status at a 
 Certified Reformatory School. 
 
 onendere 14. Whenever any offender who, in the judg- 
 
 yearaof age ™ent of the court, justices, or magistrate before 
 may bs sent whom he is charged, is under the age of sixteen 
 
 to certified . • a. ? • j- i t ■ 
 
 reformatory years, IS convicted, on indictment or m a summary 
 schools. manner, of an offence punishable with penal 
 servitude or imprisonment, and is sentenced to be 
 imprisoned for the term of ten days or a longer 
 term, the court, justices, or magistrate may also 
 sentence him to be sent at the expiration of his 
 period of imprisonment, to a certified reformatory 
 school, and to be there detained for a period 
 of not less than two years and not more than 
 five years : 
 
 Provided always, that a youthful offender under 
 the age of ten years shall not be so directed to 
 be sent to a reformatory school unless he ha« 
 been previously charged with some crime or 
 offence punishable with penal servitude or im- 
 prisonment, or is sentenced in England by a judge 
 of assize or court of general or quarter sessions, 
 or in Scotland by a circuit court of justiciary or 
 sheriff. 
 
 The particular school to which the youthful • 
 offender is to be sent may be named either at the 
 time of his sentence being passed, or within seven 
 
29 4; 30 Vict. cap. 117. 331 
 
 days thereafter, by tlie court, justices, or magis- 
 trate who sentenced Mm, or in default thereof at 
 any time before the expiration of his imprison- 
 ment by any visiting justice of the prison to 
 which he is committed. 
 
 In choosing a certified reformatory school, the 
 court, justices, magistrate or visiting justice shall 
 endeavour to ascertain the religious persuasion to 
 which the youthful offender belongs, and, so far 
 as is possible, a selection shall be made of a school 
 conducted in accordance with the religious per- 
 suasion to which the youthful offender appears to 
 the court, justices, magistrate, or visiting justice 
 to belong, which persuasion shall be specified by 
 the court, justices, magistrate, or visiting justice. 
 
 It shall be lawful, upon the representation of 
 the parent, or in the ease of an orphan then of 
 the guardian or nearest adult relative, of any 
 offender detained in any such school, for- a 
 minister of the religious persuasion of such 
 offender, at certain fixed hours of the day, which 
 shall be fixed by the Secretary of State for the 
 purpose, to visit such school for the purpose of 
 affording religious assistance to such offender, 
 and also for the purpose of instructing such 
 offender in the principles of his religion. 
 
 15. The gaoler of every prison having in his Eemovai ot 
 custody any youthful offender sentenced to be ceStod '° 
 sent to a reformatory school shall at the ap- reformatory 
 pointed time deliver such offender into the cus- 
 tody of the superintendent or other person in 
 charge of the school in which he is to be de- 
 tained, together with the warrant or other docu- 
 ment in pursuance of which the offender was 
 imprisoned and is sent to such school. 
 , The possession of the warrant or other docu- 
 ment in pursuance of which a youthful offender 
 is sent to a certified reformatory school shall be a 
 suflSoient authority for his detention in such school. 
 
332 Reformatory Schools Act, 
 
 parent, '&c ^^' '^^ parent, step-parent, or guardian, or if 
 to apply to there be no parent, step-parent, or guardian, then 
 offender to ^^ god-parent or nearest adult relative of any 
 a school _ youtMul offender sent or about to be sent to a 
 accordance certified reformatory school which is not con- 
 fender's ducted in accordance ■with the religious persuasion 
 religious to which the offender belongs, may apply to the 
 persuasion. ^^^^ ^y whom such offender was sentenced to be 
 sent to a reformatory school, or to the visiting 
 justices of the prison to which he was committed 
 by that court, or to the justices or magistrate by 
 whom he was sentenced to be sent to a reforma- 
 tory school (or justices or a magistrate having the 
 like jurisdiction), to send or to remove such 
 offender to a certified reformatory school con- 
 ducted ia accordance with the offender's religious 
 persuasion, and the court, visiting justices, jus- 
 tices, or magistrate (as the case may be) shall^ 
 upon proof of such offender's religious persuasion, . 
 comply with the request of the applicant, pro- 
 vided : 
 
 First, that the application be made before the 
 offender has been sent to a certified reforr 
 matory school, or within thirty days after 
 his arrival at such a school ; 
 Secondly, that the applicant show to the satis- 
 faction of the court, visiting justices, justices, 
 or magistrate that the managers of the school 
 named by him are willing to receive the 
 offender. 
 
 Discharge or 17. The Secretary of State may at any time 
 order™' ^^ order any offender to be discharged from a certi- 
 Secretary of fied reformatory school, or to be removed from 
 one certified reformatory school to another, but 
 so that the whole period of detention of the 
 offender in a reformatory school shall not be in- 
 creased by such removal. 
 
 The Secretary of State may also at any time, 
 after having given ten days' notice to the 
 
29 ^ 30 Vict. cap. 117. 333 
 
 managers, order a youthful offender under sen- 
 tence of detention in a reformatory or industrial 
 school established under any other act of Parlia- 
 ment, the general rules for the government 
 whereof have been approved by the Secretary of 
 State, to be discharged from such school, or to be 
 removed therefrom to amy certified reformatory 
 school, and in case of removal the youthful 
 offender shall after such removal be deemed to be 
 subject in all respects to the provisions of this 
 act, but so that the whole period of detention 
 of the offender under his sentence shall not be 
 increased by such removal. 
 
 18. The managers of a certified reformatory Placing 
 school may, at any time after the expiration of Curon°" 
 eighteen months of the period of detention i^oo^-I 
 allotted to a youthful offender, by licence under 
 their hands, permit him to live with any trust- 
 worthy and respectable person named in the 
 licence willing to receive and take charge of him. 
 
 Any licence so granted shall not be in force for 
 more than three months, but may at any time 
 before the expiration of such three months be 
 renewed for a further period not exceeding three 
 months, to commence from the expiration of the 
 previous period of three months, and so from time 
 to time until the youthful offender's period of 
 detention is expired. 
 
 Any such licence may also be revoked by the 
 managers of the school, by writing under their 
 hands, at any time before the expiration of such 
 period of three months, and thereupon the youth- 
 ful offender to whom the licence related may be 
 required by the managers, by writing under their 
 ' hands, to return to the school. 
 
 The time during which a youthful offender is 
 absent from a certified reformatory school in 
 pursuance of a licence under this section shall, 
 except where such licence has been forfeited by 
 
334 
 
 Beformatory Schoeh Act, 
 
 Power to 
 
 apprentice 
 
 offenders. 
 
 Hefusal to 
 conform to 
 rules. 
 
 Escaping 
 from schooL 
 
 his misconduct, be deemed to be part of the time 
 of his detention in the school, and at the expira- 
 tion of the time fixed by his licence he shall be 
 taken baA to the school. 
 
 Any youthful offender escaping from the person 
 with whom he is placed in pursuance of this 
 section, or refusing to return to the school at the 
 expiration of the time fixed by his licence, or any 
 renewal thereof, or when required to do so on the 
 revocation of his licence, shall be liable to the 
 same penalty as if he had escaped from the school 
 itself. 
 
 19. The managers of a certified reformatory 
 school may, at any time after an offender has been 
 placed out on licence as aforesaid, if he conducted 
 himself well during his absence from the school, 
 bind him, with his own consent, apprentice to any 
 trade, calling, or service, notwithstanding that his 
 period of detention has not expired ; and every 
 such binding shall be valid and effectual to all 
 intents. 
 
 Offences in relation to Reformatory Schools. 
 
 20. If any offender detained in a certified 
 reformatory , school wilfuUy neglects or wilfuEy 
 refuses to conform to the rules thereof, he shall, 
 upon summary conviction before a justice or 
 magistrate having jurisdiction in the place or 
 district where the school is situate, be imprisoned, 
 with or without hard labour, for any term not 
 exceeding three months ; and at the expiration of 
 the term of his imprisonment he shall, by and at 
 the expense of the managers of the school, be 
 hrought back to the school from which he was 
 taken, there to be detained during a period equal 
 to so much of his period of detention as remained 
 unexpired at the time of his being sent to 
 prison. 
 
 21. If any offender sentenced to be detained in 
 
29 4- 30 Vict. cap. 117. 335 
 
 a certified reformatory school escapes therefrom, 
 he may, at any time before the expiration of his 
 period of detention, be apprehended without 
 warrant, and, if the managers of the school think 
 fit, but not otherwise, may (any other act to the 
 contrary notwithstanding) be then brought before 
 a justice or magistrate having jurisdiction in the 
 place or district where he is found, or in the place 
 or district where the school from which he escaped 
 is situate ; and he shall thereupon be liable, on 
 summary conyiction before such a justice or 
 magistrate, to be imprisoned, with or without 
 hard labour, for any term not exceeding three 
 months ; and at the expiration of such term he 
 shall, by and at the expense of the managers of 
 the school, be brought back to the school from 
 which he escaped, there to be detained during 
 a period equal to so much of his period of deten- 
 tion as remained unexpired at the time of his 
 escaping. 
 
 22. Every person who commits any of the Penalty on 
 foUowmg offences (that is to say,)— Sng'of-' 
 
 First, knowingly assists directly or indirectly lenders to, 
 an offender detained in a certified refer- cerMea™"" 
 matory school to escape from the school ; retoi-matory 
 Second, directly or indirectly induces such an 
 
 offender to escape from the school ; 
 Third, knowingly harbours, conceals, or pre- 
 vents from returning to the school, or assists 
 in harbouring, conceahng, or preventing from 
 returning to the school, any offender who 
 has escaped from a certified reformatory 
 school, — 
 shall, on summary conviction before two justices 
 or a magistrate, be hable to a penalty not exceed- 
 ing twenty pounds, or, at the discretion of the 
 justices, to be imprisoned for any term not 
 exceeding two months, with or without hard 
 labour. 
 
336 Reform-xtory Schools Act, 
 
 Expenses of Reformatory Schools. 
 Expenses of 23. The expense of conveying to any certified 
 ana™iothing reformatory sclaool any youtMul offender who 
 has beenf directed to be detained in such a school, 
 and the expense of proper clothing for him requi- 
 site for his admission to the school, shall be 
 defrayed as a current expense by the prison 
 authority within whose district he has been last 
 imprisoned. 
 
 Contribu- 24. The Commissioners of Her Majesty's trea- 
 Treasury. ^"^7 ^^7 contribute, out of money provided by 
 Parliament, such sum as the Secretary of State 
 may recommend towards the expenses of the 
 custody and maintenance of any offender detained 
 in a certified reformatory school, or in discharge 
 of the expenses of any removal of an offender 
 which has been ordered under the provisions of 
 this act. 
 
 Order of 25. The parent or step-parent or other person 
 
 conSntion l^g^^ty liable to maintain any youthful offender 
 to main- detained in a certified reformatory school shall, if 
 offenders in of Sufficient ability,' contribute to his support and 
 school. maintenance therein a sum not exceeding five 
 shillings per week. 
 
 On the complaint of the inspector of reformatory 
 schools, or of any agent of the inspector, or of any 
 constable under the directions of the inspector 
 (with which directions the constable is hereby 
 required to comply), at any time during the con- 
 tinuance of the offender in the school, any justices 
 or magistrate having jurisdiction at the place 
 where the parent, step-parent, or other person 
 liable as aforesaid resides, may, on summons to 
 the parent or step-parent or other person liable as 
 aforesaid, examine into his or her ability, and 
 may, if they or he think fit, make an order or 
 decree on him or her for the payment to the 
 inspector of reformatory schools, or to an agent 
 of the inspector, of such weekly sum, not exceed- 
 
29 4- 30 Vict. cap. 117. 337 
 
 ing five stillings per week, as to ttem or him 
 seems reasonable, during the whole or any part of 
 the period for which the offender is liable to be 
 detained in the school. 
 
 Every such order or decree may specify the 
 time during which the payment is to be made, or 
 may be until further order. 
 
 In Scotland any such order or decree shall be 
 held to be and to have the effect of an order or 
 decree in each and every week for payment of the 
 sum ordered to be paid for such week ; and under 
 the warrant for arrestment therein contained 
 (which the magistrate is hereby authorised to 
 grant if he sees fit) it shall be lawful to arrest 
 weekly, for payment of such weekly sum as afore- 
 said, the wages of the defender due and current, 
 and such arrestment shall attach not only to the 
 wages due and payable to the defender at the 
 date thereof, but also to the wages current for the 
 week or other term or period in which such 
 an-estment is executed, any law or statute not- 
 withstanding. 
 
 Every such payment shall go in relief of the 
 charges on Her Majesty's Treasury, and shall 
 be accounted for as the Commissioners of Her 
 Majesty's Treasury direct. 
 
 The Secretary of State may, in his discretion, 
 remit all or any part of any payment so ordered. 
 
 26. Any justices or magistrate having jurisdic- Variation o( 
 tion to make such order or decree may from time 
 to time vary the same as circumstances require, 
 on the appHcation either of the person on whom 
 the order or decree is made, or of the inspector of 
 reformatory schools, or of any agent of the in- 
 spector, on fourteen days notice being first given 
 of such application to the inspector or agent, or 
 to such person respectively. 
 
 27; Any prison authority may contract with Power of 
 the managers of any certified reformatory school Sority'to' 
 Q 
 
338 Reformatory Schools Act, 
 
 contract for the reception and maintenance therein of 
 gera ™°*" offenders whose detention in a certified reforma- 
 schools. toiy school is directed by a court, or justices, or a 
 magistrate, acting for or within the district of the 
 contracting prison authority, in consideration of 
 such payments as may be from time to time 
 agreed on. 
 
 Contribu- 28. A prison authority in England may fi-om 
 
 t^shment time to time contribute such sums of money, and 
 
 and enlarge- upon such conditions as it may think fit, towards 
 
 certified the alteration, enlargement, or rebuilding of cer- 
 
 Teformatory tiggd reformatory school, — or towards the support 
 
 of the inmates of such a school, — or towards the 
 
 management of such a school, — or towards the 
 
 establishment or building of a school intended to 
 
 be a certified reformatory school, — or towards the 
 
 purchase of any land required for the use of an 
 
 existing certified reformatory school, or for the 
 
 site of any school intended to be a certified refor- 
 
 matoiy school ; provided, — 
 
 First, that not less than two months previous 
 notice of the intention of the prison autho- 
 rity to take into consideration the making 
 of such contribution, at a time and_ place to 
 be mentioned in such notice, be given by 
 advertisement in some one or more public 
 newspaper or newspapers circulated within 
 the district of the prison authority, and also 
 in th^ manner in which notices relating to 
 business to be transacted by that authority 
 are usually given : 
 Secondly, that where the council of a borough 
 is the prison authority, the order for the 
 contribution be made at a special meeting of 
 the council : 
 Thirdly, that where the contribution is for alter- 
 ation, enlargement, rebuilding, establishment, 
 or building of a school or intended school, or 
 for purchase of land, the approval of the 
 
29 4- 30 Vict. cap. 117. 339 
 
 Secretary of State be previously given for 
 that alteration, enlargement, rebuilding, esta- 
 blishment, building, or purchase. 
 In Scotland a county board may contribute to 
 any certified reformatory school with the consent 
 and in the manner provided by The Prisons (Scot- 
 land) Administration Act, 1860. 
 
 29. In order to obtain the approval of the Secre- Mode of 
 tary of State as aforesaid where required, the "anctton^of 
 managers of the school, or promoters of the in- Secretary of 
 tended school, shall forward to the Secretary of "' 
 State particulars of the proposed establishment or 
 purchase, and a plan of the proposed alteration, 
 enlargement, rebuilding, or building, drawn on 
 
 such scale, and accompanied by such particulars 
 and estimate of cost, as the Secretary of State 
 thinks fit to require ; and the Secretary of State 
 may approve of the plan and particulars submitted 
 to him, with or without modification, or may dis- 
 approve of the same, and his approval or disap- 
 proval shall be certified by writing under his hand. 
 
 30. Expenses incurred by a prison authority in Expenses 
 England in carrying into effect the provisions of auttioriHes 
 this aci* shall be deemed expenses incurred by J'"* 5°"?'^' 
 that authority in carrying into effect the pro- defrayed, 
 visions of The Prisons- Act, 1865, and shall be 
 defrayed accordingly. 
 
 Expenses incurred by a county board in Scot- 
 land in carrying into effect the provisions of this 
 act shall be a charge on the assessment for cur- 
 rent expenses incurred by that board in carrying 
 into effect the provisions of The Prisons (Scot- 
 land) Administration Act, 1860. 
 
 Houses of Refuge, ^c, in Scotland: 
 
 31. Where in any city, town, or place in Scot- power for 
 land - there has been erected under Local Act of J°^' ^o^igj, 
 Parliament or otherwise any house of refuge for in Scotland 
 youthful offenders, or any reformatory school or offende™ 
 
 Q 2 
 
840 
 
 Eeformatory Schools Act, 
 
 other similar institution, the commissioners, direc- 
 tors, or managers thereof may receive and main- 
 tain therein if willing so to do, all such young 
 persons as are sent thereto under this act, and 
 may pay such portion of the fund under their 
 control . as they think proper for the training, 
 maintenance, and disposal of such young persons : 
 Provided that such house of refuge, school, or in- 
 stitution is certified as a reformatory sfchool under 
 this act, and the rules thereof, and all alterations 
 thereof from time to time, are approved by the 
 Secretary of State. 
 
 Conditional Pardons. 
 
 Power to 32. Where before or after the passing of this 
 
 itateSemi ^"t a youthful offender has been sentenced to 
 
 offenders to transportation, penal servitude, or imprisonment, 
 
 soioois'oii^ and has been pardoned by Her Majesty on condi- 
 
 oonditiorai ^Jqjj gf j^jg placing himself under the care of some 
 
 charitable institution for the reception and refoi"- 
 
 mation of youthful offenders, the Secretary of State 
 
 may direct him, if under the age of sixteen years, 
 
 to be sent to a certified reformatory school, the 
 
 managers of which consent to reomve him for a 
 
 period of not less than two years and not more than 
 
 five years ; and thereupon such offender shall be 
 
 deemed to be subject to all the provisions of this 
 
 act, as if he had been originally Sentenced to 
 
 detention in a certified reformatory school. 
 
 Evidence. 
 
 33. The following rules shall be enacted with 
 respect to evidence under this act : 
 
 (1.) The production of the London or Edinhurgli 
 Gazette, containing a notice of the grant or 
 withdrawal of a certificate by the Secretary 
 of State to or from a reformatory school, 
 or of the resignation of any such certifi- 
 cate, shall be sufficient evidence of the 
 fact of the publication of such notice. 
 
 KuleB re- 
 specting 
 evidence 
 under tbis 
 ct. 
 
29 (J- 30 Vict. cap. 1X7. 341 
 
 and. also of the fact of a certificate having 
 been duly granted to or withdrawn from 
 the school named in the notice, or resigned 
 by the managers thereof. 
 
 (2.) The grant of a certificate to a certified 
 school may also be proved by the produc- 
 tion of the certificate itself, or of a copy of 
 the same, purporting to be signed by the 
 Inspector of Reformatory Schools. 
 
 (3.) The production of the warrant or other 
 document in pursuance of which a youth- 
 ful offender is directed to be sent to a 
 certified reformatory school, with a state- 
 ment indorsed thereon or annexed thereto, 
 purporting to be signed by the superinten- 
 dent or other person in charge of the 
 school, to the effect that the offender 
 therein named was duly received into and 
 is at the date of the signing thereof de- 
 tained in the school, or has been other- 
 wise dealt with according to law, shall in 
 all proceedings relating to such offender be 
 evidence of the identity of and of the due 
 conviction and imprisonment of and sub- 
 ■ sequent detention of the offender named in 
 the warrant or other document. 
 
 (4.) A copy of the rules of a certified reforma- 
 tory school, purporting to be signed by the 
 Inspector of Eeformatory Schools, shall be 
 evidence of such roles in all legal proceed- 
 ings whatever. 
 
 (5.) A school to which any youthful offender is 
 directed to be sent in pursuance of this 
 act shall, until the contrary is proved, be 
 deemed to be a certified reformatory school 
 within the meaning of this act. 
 
 Legal Proceedings. 
 
 34. The following Acts, that is to say — Recovery of 
 
 In England, the act of the session of the ?«»*'"««• 
 
342 Reformatory Schools Act, 
 
 eleventh and twelfth years of Her present 
 Majesty/chapter forty-tkree, intituled " An 
 Act to facilitate the Performance of the 
 Duties of Justices of the Peace out of 
 Sessions within England and Wales, with 
 respect to summary Convictions and Orders, 
 and any Acts amending the same;" 
 In Scotland, " The Summary Procedure Act. 
 1864,"— 
 shall apply to all offences, payments, and orders 
 in respect of which jurisdiction is given to justices 
 or a magistrate by this act, or which are directed 
 to be prosecuted, enforced, or made in a summary 
 manner or upon summary conviction. 
 
 Service of 35. Any notice may be served on the managers 
 nmnagers of °^ * certified reformatory school by delivering the 
 schools, same personally to any one of them, or by sending 
 it, by post or otherwise, in a letter addressed to 
 them or any of them at the school, or at the usual 
 or last known place of abode of any manager, or 
 of their secretary. 
 
 Forms. 
 Use of 36. No summons, notice, or order made for the 
 
 '°'h"d 'i° pnrpose of carrying into effect the provisions of 
 this Act shall be invahdated for want of form, only, 
 and the forms in the schedule to this act annexed, 
 or forms to the like effect, may be used in the 
 oases to which they refer, with such variations as 
 circumstances require, and when used shall be 
 deemed sufScient. 
 
 Repeal of Enactments. 
 Eaaotmeuta 37. There shall be repealed the enactments 
 named re- liereinafter mentioned, that is to say, — 
 pealed Section eleven of the act of the session of the 
 
 1 ^'2 Vici. first and second years of Her present Majesty, 
 <^- ^'^- chapter eighty-two, intituled " An Act for esta- 
 
 blishing a Prison for young Offenders ;" 
 
29 4- 30 Vict. cap. 117. 343 
 
 The act of the session of the seventeenth and n & is vict. 
 eighteenth years of Her present Majesty, chapter °''^' 
 eighty-six, intituled " An Act for the better Care 
 and Eeformation of youthful Offenders in Great 
 Britain ;" 
 
 The act of the session of the eighteenth and is & 19 vict. 
 nineteenth years of Her present Majesty, chapter °" *^' 
 eighty-seven, intituled " An Act to amend the 
 Act for the better Care and Eeformation of youth- 
 ful Offenders, and the Act to render Eeform- 
 atory and Industrial Schools in Scotland more 
 available for the benefit of Vagrant Children ;" 
 
 The act of the session of the nineteenth and is & 20 vict. 
 twentieth years of Her present Majesty, chapter 
 one hundred and nine, intituled " An Act to 
 amend the Mode of committing Criminal and 
 Vagrant Children to Eeformatory and Industrial 
 Schools ;" 
 
 The act of the session of the twentieth and 20 & 21 viot 
 twenty-first years of Her present Majesty, chapter '"'■ 
 fifty-five, intituled "An Act to promote the Esta- 
 blishment and Extension of Eeformatory Schools 
 in England :" 
 Provided that such repeal shall not affect — 
 
 1. Any certificate given or anything duly done 
 
 under any act hereby repealed : 
 
 2. Any penalty, forfeiture, or other punishment 
 
 incurred under any act hereby repealed, or 
 any remedy for recovering or enforcing the 
 
 38. This act shall apply to all reformatory Application 
 schools certified under the acts hereby repealed, existtng 
 or any of them, and to all offenders sent to any certified 
 
 SCuOOlS 
 
 reformatory school under the acts hereby repealed, 
 or any of them, ■ in the same manner in aU 
 respects as if such schools had been certified and 
 such offenders had been sent thereto under this 
 act, with this qualification, that no youthful 
 offender shall be detained in any reformatory 
 
344 Reformatory Schools Act, 
 
 school in pursuance of any order made under the 
 repealed acts, or any of them, for a longer period ( 
 than he would have been liable to be detained 
 therein if this act had not been passed. 
 
 SCHEDULE. 
 
 FOBMS. 
 
 (A.) 
 
 Conviction. 
 
 \ Be it remembered, that on the day of 
 
 to wit. j* at in the said [counMf] of 
 
 A.B., under the age of eixteen years, to wit, of the age of 
 [Ihirtem] years, is convicted before ns, two of Her Majesty's 
 justices of the peace for the said [counit/]: for that [^c, state 
 offence in vsuatTnanner] ; and we adjudge the said A.B., for 
 his said offence to be imprisoned in the [piisonl at 
 in the said [comiit/], [cmd to be there kept to hard labour] for 
 the space of . : 
 
 And that, in pursuance of " The Eeformatory Schools 
 Act, 1866," we also sentence the said A.B. (whose religious 
 persuasion appears to us to be- ) to be sent, at the 
 
 expiration of the term of imprisonment aforesaid, to 
 Eeformatory School at in the county of (the 
 
 managers whereof are willing to receive him) [(»• to some 
 certified reformatory school to be hereafter, and before the 
 expiration of the term of imprisonment aforesaid, named iu 
 this behalf], and to be there detained for the period of 
 commencing from and after the day of 
 
 [the date of the expiration of the sentence^. 
 Given under our hands and seals, the day and year first 
 above mentioned, at in the [coimtti] aforesaid. 
 
 J.S. (liS.) 
 L.M. (L.S.) 
 
 (B.) 
 
 Order of Detention. 
 
 1 To the constable of , and to the keeper 
 
 to wit. ) of the [jjraore] at in the said [countt/] 
 
 of 
 Whereas A.B., late of [labourer'], under the age of 
 
 sixteen years, to wit, of the age of [thirteen.} years, was this 
 day duly convicted before the undersigned, two of Her 
 Majesty's justices of the peace in and for the said [cotfn/fj 
 of , for that [^c, stating the offence as in the conmc- 
 
 tionj, and it was thereby adjudged that the said A.B., for 
 
29 # 30 Vict. cap. 117. 345 
 
 his said offence, should be imprisoned in the [pi-iaoii] at 
 in the said [cotmtt/'], [and ie there kept to Kurd 
 labour] for the space of ; and in pursuance of " The 
 
 Eetormatory Schools Act, 1866," the said A.B. (whose 
 religious persuasion appeared to us to be } was 
 
 thereby sentenced to be sent, at the expiration of the terra 
 of imprisonment aforesaid, to the Beformatory 
 
 School at in the county of (the managers 
 
 whereof are willing to receive him therein), [or to some cer- 
 tified reformatory school to be before the expiration of the 
 said term named in that behalf,] and to be there detained 
 for the period uf commencing from and after the 
 
 day of [the date of the expiration of the 
 
 These are therefore to command you, the said constable of 
 , to take the said A.B., and him safely convey to 
 the [pi-ison^ at aforesaid, and there to deliter him to 
 
 the keeper thereof, together with this precept: And we do 
 hereby command you, the said keeper of the said [prisony 
 to receive the said A.B. into your custody in the said 
 [prison], there to imprison him [and keep him to hard labomr'] 
 for the space of ; [And we further command you, 
 
 the said keeper, to send the said A.B. at the expiration of 
 his term of imprisonment aforesaid as and in the manner 
 directed by the Beformatory Schools Act, 1866, to the 
 Eeiormatory School at aforesaid [or to the 
 
 reformatory school named by an order indorsed hereon 
 under the hands and seals of us, or undei: the hand and seal 
 of one other of Her Majesty's justices of the peace for the said 
 county, being a visiting justice of the said prison], together 
 with this order:] And for so doing this shall be your sufli- 
 cient warrant. 
 
 Given under our hands and seals, this day of 
 
 in the year of our Lord at in the 
 
 [cmmty] aforesaid. 
 
 J.S. (us.) 
 L.M. (L.S.) 
 
 (0.) 
 Nomination o^ School indiyraed on the Order oy Detention, 
 
 In pursuance of The Beformatory Schools Act, 1866, I, 
 the undersigned, one of Her Majesty's justices of the peace 
 for the [cowUi/J of hereby name the Befor- 
 
 matory School at in the county of as the 
 
 school to which the within-named A.B. Qwhose religious 
 persuasion appears to me to be ) is to be sent as 
 
 within provided [add where required in lieu of the school 
 within (or above) named]. 
 
 Given under my hand and seal, this day of 
 
 at in the county of 
 
 E.F. (L.S.) 
 
 Q 3 
 
346 Beformatory Schools Act, 
 
 (D.) 
 
 Complaint for enfordng in England Contribution from 
 
 Parent, ^c. 
 
 \ The complaint of the inspector of reformatory 
 
 to wit. J schooli [or as the case may he] made to UB, the 
 undersigned, two of Her Majesty's justices of' the peace for 
 the said county of , this day of at 
 
 in the same county, who says, that one A.B. of (*) 
 the age of years, or thereabouts, is now detained in 
 
 the Beformatory School at in the county of 
 
 , under the Reformatory Schools Act, 1866, and 
 has been duly ordered and directed to be detained therein 
 until the day of : That one C.B., dwelling 
 
 in the parish of in the county of , is the 
 
 parent [or step-parent, &c.] of the said A.B., and is of suiS- 
 cieut ability to contribute to the support and maintenance of 
 the said A.B., his son ; (*) The said complainant therefore 
 prays that the said C.B. may be summoned to show cause 
 why an order should not be made on him so to con- 
 tribute. 
 
 Exhibited before us, C.I>. 
 
 J.S. 
 L.M. 
 
 (E.) 
 
 Summons to Parents^ ^c, 
 
 {This will he in Form (A.) i/n Schedule to 11 ^ 12 Vict. c. 43.) 
 
 (P.) 
 
 Order on Parent, t^c, in England to contr^mte a Weeklg Sum. 
 \ Be it remembered, that on this day of 
 
 to wit. J at in the said [oorai^l of a 
 
 certain complaint of the inspector of reiormatory schools [or 
 as the case may be], for that one A.B. of, &o. [stating the cause 
 of complaint, as in the foi-m (p.) between the asterislcs (*) (*)], 
 was duly heard by and before us, the undersigned, two of 
 Her Majesty's justices of the peace in and for the said 
 [county] of (in the presence and hearing of the said 
 
 C.B., t/ so, or the said O.B. not appearing to the summons 
 duly issued and served in this behalf ; and we, having duly 
 examined into the ability of the said C.B., and on conside- 
 ration of all.the circumstances of the case, do order the said 
 O.B. to pay to the said inspector for to an agent of the said 
 inspector] the sum of shfllings per week from the 
 
 date of this order until the day of , the same 
 
 to be paid at the expiration of each Lfourteen, or, as the 
 case may be, days"]. 
 
 Given under our hands and seals, the day and year 
 first above mentioned, at ia the [coimty'] aforesaid. 
 
 J.S. (L.S.) 
 L.M. (i,.s.) 
 
29 4- 30 Vict. cap. 117. 347 
 
 (G.) 
 
 Distress Wan-ant for Amount in arraar. 
 
 ) To the coustiible of , and to all other 
 
 to wit J peace officers in the said {county] of , ' 
 
 Whereas, on the hearing of a complaint trnade by the 
 inspector of reformatory schools \or as the case may Se], 
 that A.B., of, Ac. \stoMng the came oj complaint as in the form 
 (D.) between the asterisks (*) (*)], an order was made on 
 the day of by us, the undersigned [or by 
 
 L.M. and J.fi.], two of Her Majesty's justices of the peace 
 in and for the said [county'] of against the said O.B., 
 
 to pay to the said inspector [or as the case may he] the sum 
 of per week from the date of the said order until the 
 
 day of , the same to be paid at the expira- 
 
 tion of each [twenty-eight] days [<«• as the case may be] i*) : 
 And whereas there is due upon the said order the sum 
 of , being for [three] periods of [fourteen] days each, 
 
 and default has been made therein for tlie space of fourteen 
 days. 
 
 These are therefore to command you, in Her Majesty's 
 name, ' forthwith to make distress of the goods and chattels 
 of the said C.B., and if within the space of [^ve] days next 
 after the making of such distress the said last mentioned 
 sum, together with the reasonable charges of taking and 
 keeping the said distress, is not paid, that then you do sell 
 the said goods and chattels so by yon distrained, and do pay 
 the money arising from such sale to , the clerk of 
 
 the justices of the peace for the of , that he may 
 
 pay and apply the same as by law directed, and may render 
 the overplus (if any), on demand to the said C.B. ; and if no 
 such distress can be found, then that you certify the same 
 to us, to the end that such proceedings may be had therein 
 as the law requires. 
 
 Given under our hands and seals, this day 
 
 of , at , in the [county] aforesaid. 
 
 J.S. (L.S ) 
 L.M. (L.S.) 
 
 (H.) 
 
 Commitment in de/ault oJ" Distress. 
 
 ■) To the constable of and to the keeper of 
 
 to wit j the [pi-ison] at , in the said [county] 
 
 of 
 
 Whereas [dc, as in thejform (G.) to the single asterisJc (*), 
 and then thiis] : And whereas afterwards, on the day 
 
 of last, I, the undersigned, together with L.M., 
 
 Esquire [or J.S. and L.M., Esquires], two of Her Majesty's 
 justices of the peace in and for the said [coujiiy] of 
 issued a warrant to the constable of aforesaid, com- 
 
 manding him to levy the sum of due upon the said 
 
 recited order, being for [iAree] periods of [Jburteen] days, by 
 
348 Befoiinatory Schools Act. 
 
 distress and sale o{ the goods and chattels of the said C.B. : 
 And whereas a return has this day been made to rae, the 
 said justice [or the undersigned, one of Her Majesty's 
 justices of the peace in and for the said [county] of ], 
 
 that no sufficient ^oods of the said O.B. can be found : 
 
 These are therefore to command you, the said constable 
 of , to take the said C.B., and him safely to convey to 
 
 the [prison] at aforesaid, and there deliver him to the 
 
 keeper thereof, together with this precept : And I do hereby 
 command you, the said keeper of the said [prison], to 
 receive the said 'CD. into your custody in the said [pruon], 
 there to imprison him for the term of , unless the 
 
 said sum, and all costs and charges of the said distress, and 
 of the commitment and conveying of the said 0,D. to the 
 said [prison], amounting to the further sum of , shall 
 
 be sooner paid unto you the said keeper ; and for your so 
 doing this shall be your sufficient warrant. 
 
 Given under my hand and seal this day of 
 
 in the year of our Lord , at in the [county] 
 
 aforesaid. 
 
 J.S. (L.S.) 
 
 (J.) 
 
 Order on Parent in JScoiUmd, 4'c.,yor Contribution. 
 
 The sheriff [or as the case may be] having considered the 
 complaint of B.F., the inspector of reformatory schools, 
 made under "The Eeformatory Schools Act, 1866," and 
 having heard parties thereon [oi- in absence of CD., dedgn- 
 ingUm, duly cited, but not appearing] pursuant to the said 
 act, decerns CD. complained on, weekly and every week 
 from the day of to pay to the said E.P., or 
 
 to his agent from time to time authorised to receive the 
 sam^, the sum of shillings for the support and 
 
 maintenance of A.B., son [or as the case maybe] of the said 
 CD., now detained in the certified reformatory school 
 of under an order by of date until 
 
 the said A.B., attains the age of years or is lawfully 
 
 discharged from the said school, and grants warrant of 
 arrestment to be executed by aijy constable or messenger at 
 arms. 
 
 Given under my hand this day of at 
 
 in the county aforesaid. 
 
 [Magistrate's signature.] 
 
29 # 30 Viet. cap. 118. 349 
 
 INDUSTEIAL SCHOOLS ACT. 
 (29 & 30 ViOT. CAP. 118.) 
 
 An Act to consolidate and amend the Acts relating 
 to Industrial Schools in Great Britain. — [10th 
 August, 1866.] 
 
 Be it enacted by the Queen's most Excellent 
 Majesty, by and with, the advice and consent of 
 the Lords spiritual and tenxporal, and Commons, 
 in this present Parliament assembled, and by 
 the authority of the same, as follows : 
 
 Preliminary. 
 
 1. This act may be cited as "The Industrial Short title. 
 Schools Act, 1866." 
 
 2. This act shall not extend to Lreland. Extent of 
 
 act 
 
 3. The acts described in the first schedule to Acts de- 
 this act are hereby repealed ; but this repeal shall flrsts'ohe- 
 not affect the past operation of any such act, or ''"'^ ''^■ 
 the force or operation of any certificate, order, ^^°' ° 
 rule, or sentence made or passed, or the validity 
 
 or invalidity of anything done or suffered, or any 
 right, title, obhgation, or liability accrued, before 
 the- passing of this act ; nor shall this act interfere 
 with the institution or prosecution of any pro- 
 ceeding in respect of any offence committed 
 against, ctr any penalty or forfeiture incurred 
 under, any act hereby repealed. 
 
 4. Ll this act — Interpre- 
 
 The term " justice " applies to England only, *?"°° °' 
 and means a justice of the peace having 
 jurisdiction in the place where the matter 
 requiring the cognizance of a justice arises : 
 
 The term " two justices " applies to England 
 only, and means two or more justices in 
 petty sessions or the Lord Mayor or an alder- 
 
350 Industrial Schools Act, 
 
 man of the city of London, or a police or 
 stipendiary magistrate or other justice having 
 by law authority to act alone for any pur- 
 pose with tTie powers of two justices. 
 The term " magistrate " applies to Scotland 
 only, and includes sheriff, sheriff substitute, 
 justice of the peace of a county, judge in a 
 police court, and provost or baillie of a city 
 or burgh : 
 The term "prison authority" with respect to 
 England has the same meaning as in " The 
 38 & 29 Vict. Prisons Act, 1865," and with respect to 
 
 '^ ^^*' Scotland means the administrators of a 
 
 23 & 24 Vict prison as defined by " The Prisons (Scotland) 
 
 "■ ^°^ Administration Act, I860:" 
 
 The term " parish " includes a place separately 
 maintaining its own poor. 
 
 Industrial Schools. 
 
 Deeoi-iption 5. A school in which industrial training is 
 sLooiraJTd provided, and in which children are lotted, 
 managers, clothed, and fed, as well as taught, shall ex- 
 clusively be deemed an industrial school within 
 the meaning of this act. 
 
 The persons for the time being having the 
 management or control of such a school shall be 
 deemed the managers thereof for the purposes of 
 this act. 
 
 Inspector. 
 
 Inspector of 6. Such one of Her Majesty's inspectors of 
 
 sohoois'lina prisons as one of Her Majesty's principal Secre- 
 
 asBiatant taries of State (in this act referred to as the 
 
 Secretary of State) from time to time thinks fit 
 
 to appoint to be the inspector of reformatory 
 
 schools shall be also the inspector of industrial 
 
 schools. 
 
 The Secretary of State may from time to time 
 appoint a fit person to assist the inspector ; and 
 every person so appointed shall have such of the 
 
29 ^30 Vict. cap. 118. 351 
 
 powers and duties of the inspector of industrial 
 schools as tte Secretary of State from time to 
 time prescribes, but shall act under the direction 
 of the inspector. 
 
 Certified Industrial Schools. 
 
 7. The Secretary of State may, on the appli- Mode of 
 cation of the managers of an industrial school, indnBtrilj ■ 
 direct the inspector of industrial schools to ex- school 
 amine into the condition of the school, and its 
 fitness for the reception of children to be sent 
 
 there under this act, and to report to him thereon, 
 and the inspector shall examine and report ac- 
 cordingly. 
 
 If satisfied with the report of the inspector the 
 Secretary of State may, by writing under his 
 hand, certify that the school is fit for the recep- 
 tion of children to be sent there under this act, 
 and thereupon the school shall be deemed a certi- 
 fied industrial school. 
 
 8. A school shall not be at the same time a School not 
 
 certified industrial school under this act and a fled as to-" 
 
 certified reformatory school under any other act. dustriai ar 
 •' •' reformat 
 
 9. A notice' of the grant of each certificate '°'^- 
 shall within one month be inserted by order of ^rttfioate i 
 the Secretary of State in the London or in the ^^ gazettei 
 Edinburgh Gazette, according as the school to 
 
 which it refers is in England or in Scotland. 
 
 A copy of the Gazette containing the notice Copy of 
 shall be conclusive evidence of the grant, which be'^eTideno( 
 may also be proved by the certificate itself, or by 
 an instrument purporting to be a copy of the cer- 
 tificate, and to be attested as such by the inspector 
 of industrial schooLi. 
 
 10. Every certified industrial school shall from inspection 
 time to time, and at least once in each year, be "' ^°'">'''' 
 inspected by the inspector of industrial schools, 
 
 or by a person appointed to assist him as afore- 
 said. 
 
352 Industrial Schools Act, 
 
 Alterations, H. No Substantial addition or alteration shall 
 iiigs to be lie made to or in the buildings of any certified 
 approved, industrial school without the approval in writing 
 of the Secretary of State. 
 
 Contribu- 12. In England a prison authority mayirom 
 
 comities and time to time contribute such sums of money, and 
 
 ^°l°^f^i *° oil such conditions as they think fit, towards the 
 
 ment and alteration, enlargement, or rebuilding of a certi- 
 
 o?S"™* fis'l industrial school, — or towards the support of- 
 
 the inmates of such a school, — or towards the 
 
 management of such a school, — or towards the 
 
 establishment or building of a school intended to 
 
 be a certified industrial school, — or towards the 
 
 purchase of land required either for the use of an 
 
 existing certified industrial school, or for the site 
 
 of a school intended to be a certified industrial 
 
 school ; provided,— 
 
 First, that not less than two months previous 
 notice of the intention of the prison authority 
 to take into consideration the making of 
 sueh contribution, at a time and place to 
 be mentioned in such notice, be given by 
 advertisement in some one or more public 
 newspaper or newspapers circulated within 
 the district of the county or borough, and 
 also in the manner in which notices relating 
 to business to be transacted by the prison 
 authority are usually given : 
 Secondly, that where the prison authority is 
 the council of a borough, the order for the 
 contribution be made at a special meeting of 
 the council : 
 Thirdly, that where the contribution is for 
 alteration, enlargement, rebuilding, establish- 
 ment, or building of a school or intended 
 school, or for purchase of land, the approval 
 of the Secretary of State be previously given 
 for thg,t alteration, enlargement, rebuilding, 
 establishment, building, or purchase. 
 
29 # 30 Vict. cap. 118. 353 
 
 In Scotland a county board may contribute 
 to any certified industrial school with the consent 
 and in the manner provided by " The Prisons 
 (Scotland)' Administration Act, 1860," respecting 
 contributions to reformatories. 
 
 13. In order to obtain . the approval of the Mode of 
 Secretary of State as aforesaid where required, apprOTaf of 
 the managers of the schoolj or promoters of Secretary oi 
 the intended school, shall forward to the Secre- °''*' 
 tary of State particulars of the proposed esta- 
 blishment or purchase, and a plan of the proposed 
 alteration, enlargement, rebuilding, or building, 
 
 drawn on such scale, and a<!companied by such 
 particulars and estimate of cost, as the Secretary 
 of State thinks fit to require ; and the Secretary of 
 State may approve of the particulars and plan sub- 
 mitted to him, with or without modification, or may 
 disapprove of the same, and his approval or disap- 
 proval shall be certified by writing under his hand. 
 
 Classes of Children to be detained in certified- 
 Industrial Schools. 
 
 14. Any person may bring before two justices As to 
 or a magistrate any child apparently under the age under™ 
 of fourteen years that comes within any of the yea™ of 
 following descriptions, namely, — begging &c 
 
 That is found begging or receiving alms 
 (whether actually or under the pretext of 
 selling or offering for sale any thing), or 
 being in' any street or public place for the 
 purpose of so begging or receiving alms ; 
 
 That is found wandering and not having any 
 home or settled place of abode or proper 
 guardianship, or visible means of sub- - 
 sistence ; 
 
 That is found destitute, either being an oj-phan 
 or having a surviving parent who is under- 
 going penal servitude or imprisonment ; 
 
 That frequents the company of reputed thieves. 
 
354 Industrial Schools Act, 
 
 The justices or magistrate before whom a child 
 is brought as coming within one of those descrip- 
 tions, if satisfied on inquiry of that fact, and that 
 it is expedient to deal with him under this act, 
 may order him to be sent to a certified industrial 
 school. 
 
 15. Where a child apparently \mder the age of 
 
 ABto twelve years is charged before two justices or a 
 
 under™ magistrate with an offence punishable by imprison- 
 
 years of age ment or a less punishment, but has not been in 
 
 with^of- England convicted of felony, or in Scotland of 
 
 fences. theft, and,the child ought, in the opinion of the 
 
 justices or magistrate, (regard being had to his 
 
 age and to the circumstances of the case,) to be dealt 
 
 with under this act, the justices or magistrate 
 
 may order him to be sent to a certified industrial 
 
 school. 
 
 As to 16. Where the parent or step-parent or guar- 
 
 ohiidren^ ^S'D of a child apparently under the age of four- 
 under 14 -tggfi years represents to two iustiees or a masis- 
 
 VBflrS of SiSB •/ ■ JL J O 
 
 in charge of trate that he is unable to control the child, and 
 parent, &o. ^j^g^^ j^g ^gsires that the child be sent to an indus- 
 trial school under this act, the justices or magis- 
 trate, if satisfied on inquiry that it is expedient 
 to deal with the child under' this act, may order 
 him to be sent to a certified industrial school. 
 
 Ab to 17. Where the guardians of the poor of a union 
 
 ohitoen'^ or of a parish wherein relief is administered by 
 under 14 g, board of guardians, or the board of management 
 in woik- of a district pauper school, or the parochial board 
 pauper - oi a, parish or combination, represent to two 
 schools, iSic justices or a magistrate that any child apparently 
 ■ under the age of fourteen years maintained in 
 a workhouse or paaper school of a union or 
 parish, or in a district pauper school, or in the 
 poorshouse of a parish or combination, is refrac- 
 tory, or is the child of parents either of whom 
 has been convicted of a crime or offence punish- 
 
29 (J- 30 Vict. cap. 118. 355 
 
 able ■with penal servitude or imprisonment, and 
 that it is desirable that he be sent to an industrial 
 school under this act, the justices or magistrates 
 may, if satisfied that it is expedient to deal with 
 the child under this act, order him to be sent to a 
 certified industrial school. 
 
 Order of Detention. 
 
 18. The order of justices or a magistrate send- ^oi™ and 
 ing a child to a school (in this act referred to as order Bend- 
 the order of detention in a school) shall be in ^| "^^^ *° 
 writing signed by the justices or magistrate, and 
 shall specify the name of the school. 
 
 The school shaU be some certified industrial 
 school (whether situate within the jurisdiction of 
 the justices or magistrate making the order or 
 not) the managers of which are willing to receive 
 the child ; and the reception of the child by the 
 managers of the school shall be deemed to be an 
 undertaking by them to teach, train, clothe, lodge, 
 and feed him during the whole period for which 
 he is liable to be detained in the school, or until 
 the withdrawal or resignation of the certificate of 
 the school takes effect, or until the contribution 
 out of money provided by Parliament towards the 
 custody and maintenance of the children detained 
 in the school is discontinued, whichever shall first 
 happen. 
 
 The school named in the order shall be pre- 
 sumed to be a certified industrial school untU the 
 contrary is shown. 
 
 ;. In determining on the school the justices or 
 magistrate shall endeavour to ascertain the 
 irehgious persuasion to which the child belongs, 
 and shall, if possible, select a school conducted in 
 accordance with such religious persuasion, and 
 the order shall specify such religious persuasion. 
 
 The order shall specify the time for which the 
 child is to be detained in the school, being such 
 time as to the justices or magistrates seems proper 
 
356 
 
 Industrial Schools Act, 
 
 Temporary 
 detention in 
 workhouse, 
 Ac. 
 
 Power to 
 parent, Ac. 
 to apply to 
 remove 
 child to a 
 school con- 
 ducted in 
 accordance 
 with child's 
 relig ions 
 persuasion. 
 
 for the teaching and training of the child, but 
 not in any case extending beyond the time when 
 the child will attain the age of sixteen years. 
 
 19. Two justices or a magistrate, while inquiry 
 is being made respecting a child or respecting 
 a school to which he may be sent, may, by order 
 signed by them or him, order the child to be 
 taken to the workhouse or poorshouse of the 
 union, parish, or combination in which he is 
 found or resident, — or where (in Scotland) there 
 is no such poorshouse, or the poorshouse is at an 
 inconvenient distance, to such other place, not 
 being a prison, as the magistrate thinks fit, the 
 occupier whereof is willing to receive him, — and 
 to be detained therein at the cost of the union, 
 parish, or combination for any time not exceeding 
 seven days, or until an order is sooner made for 
 his discharge or for his being sent to a certified 
 industrial school ; and the guardians of the poor 
 for the imion or parish, or the keeper of the poors- 
 house, or other person to whom the order is 
 addressed, are and is hereby empowered and 
 required to detain him accordingly. 
 
 20. If the parent, step-parent, or guardian, or 
 if there be no parent, step-parent, or guardian, 
 then the god-parent or nearest adult relative, of a 
 child sent or about to be sent to a certified indus- 
 trial school which is not conducted in accordance 
 with the religious persuasion to which the child 
 belongs, states to the justices or magistrate by 
 whom the order of detention has been or is about 
 to be made (or to two justices or a magistrate 
 having the like jurisdiction) that he objects to the 
 child being sent to or detained in the school 
 specified or about to be specified in the order, and 
 names another certified industrial school in Great 
 Britain which is conducted in accordance with 
 the religious persuasion to which the child 
 belongs, and signifies his desire that the child be 
 
29 ^30 Vict cap. 118. 357 
 
 sent thereto, then and in every such case the 
 justices or magistrate shall, upon proof of such 
 child's religious persuasion, comply with the re- 
 quest of the applicant, provided, — 
 
 First, that the application be made before the 
 child has been sent to a certified industrial 
 school, or within thirty days after his arrival 
 at such a' school : 
 Secondly, that the applicant show to the satis- 
 faction of the justices or magistrate that the 
 managers of the school named by him are 
 willing to receive the child : 
 Provided always, with respect to Scotland, that 
 if any child who has become chargeable to any 
 parish, and who is under this section sent from 
 Scotland to a school out of Scotland, might have 
 been removed from Scotland (under any act for 
 the time being in force relating to the relief of the 
 poor in Scotland) at the instance of the inspector 
 of the poor of the parish to which he has become 
 chargeable, had he not been sent out of Scotland 
 under this section, then and in every such case 
 the chargeability on such parish for such child 
 shall cease on his being so sent out of Scotland. 
 
 21. In Scotland, where a magistrate is about to where order 
 make or has made an order for sending a child to ^tenHon in 
 a certified industrial school, and the child is school of 
 chargeable at the time to any parish, or has been board. * 
 so chargeable within three months then last past, 
 and there is in that parish a certified industrial 
 school maintained by the parochial board thereof, 
 and conducted in accordance with the religious 
 persuasion to which the child belongs, and the 
 inspector of the poor of such parish certifies to 
 the magistrate (or to a magistrate having the like 
 jurisdiction) that he requires the child to be sent 
 to the certified industrial school in such parish 
 maintained by the parochial board thereof, and 
 conducted in accordance with the religious per- 
 
358 Industrial Schools Act, 
 
 suasion to whicli the child belongs, then and in 
 every such case the magistrate shall direct the 
 child to be sent to the last-mentioned school ac- 
 cordingly, the inspector of the poor defraying the 
 expense of convejdng the child thither; provided 
 that where the order of detention has been made, 
 the application of the inspector to the magistrate 
 be made within fourteen days of the day of the 
 making of the order. 
 
 Order to be 22. The order of detention in a school shaU be 
 To'^eyame'" forwarded to the managers of the school with 
 and deteu- the child, and shall be a suflBcient warrant for the 
 
 conveyance of the child thither, and his detention 
 
 there. 
 
 Expenses of 23. The expense of conveying to a certified 
 
 to sohooL'^ industrial school a child ordered to be sent there 
 
 shall be defrayed by the police authorities by 
 
 whom he is conveyed, and shall be deemed part 
 
 of the current expenses of those police authorities. 
 
 Evidence of 24. An instrument purporting to be an order 
 detention. °^ detention in a school and to be signed by two 
 justices or a naagistrate, or purporting to be a 
 copy of such an order and to be certified as such 
 a copy by the clerk to the justices or magistrate 
 by whom the order was made, shall be evidence 
 of the order. 
 
 Management of School. 
 
 Eeiigious 25. A minister of the religious persuasion 
 
 inSo™ specified in the order of detention as that which 
 
 the child appears to the justices or magistrate to 
 
 belong may visit the child at the school on such 
 
 days and at such times as are from time to time 
 
 , fixed by regulations made by the Secretary 
 
 of State for the purpose of instructing him in 
 
 religion. 
 
 Lodging 26. The managers of a school may permit a 
 
 schooL child sent there under this act to lodge at the 
 
29 4- 30 Vict. cap. 118. 359 
 
 dwelling of his parent or of any trustwortliy and 
 respectable person, so that the managers teach, 
 train, clothe, and feed the child in the school as 
 if he were lodging in the school itsejf , and so that 
 they report to the Secretary of State, in such 
 manner as he thinks fit to require, every instance 
 in which they exercise a discretion under this 
 section. 
 
 27. The managers of a school may, at any Licence for 
 time after the expiration of eighteen months of B^fi.™ 
 the period of detention allotted to a child, by 
 licence imder their hands, permit him to live with 
 any trustworthy and respectable person named in 
 the licence, and wUling to receive and take charge 
 of him. 
 
 Any licence so granted shall not be in force 
 for more than three months, but may at any time 
 before the expiration of those three months be 
 renewed for a further period not exceeding three 
 months, to commence from the expiration of the 
 previous period of three months, and so from 
 time to time until the period of the child's 
 detention is expired. 
 
 Any such licence may also be revoked at any 
 time by the managers of the school by writing 
 under their hands, and thereupon the child to, 
 whom the hcence related may be required by 
 them, by writing under their hands, to return to 
 the school. 
 
 The time during which a child is absent from a 
 school in pursuance of a licence shall, ex,cept 
 where such licence has been forfeited by his mis- 
 conduct, be deemed to be part of the time of his 
 detention in the school, and at the expiration of 
 the time allowed by the licence he shall be taken 
 back to the school. 
 
 A child escaping from the person with whom 
 he is placed under a licence, or refusing to return 
 to the school on the revocation of his licence, or 
 
360 Industrial Schools Act, . 
 
 at the expiration of the time allowed thereby, 
 shall be deemed to have escaped from the school. 
 
 Power to 28. The managers of a school may, at any 
 
 apprentice ^^^^ ^^^^^ a child has been placed out on licence 
 as aforesaid, if he conducted himself well during 
 his absence from the school, bind him, with his 
 own consent, apprentice to any trade, calling, or 
 service, notwithstanding that his period of deten- 
 tion has not expired, and every such binding 
 shall be valid and effectual to all intents. 
 
 Buiesof 29. The managers of a certified industrial 
 
 school to Jo ggjiool may from time to time make rules for 
 
 Approved Dy J . . , . p ^ i i x 
 
 Secretary of the management and disciphne of the school, not 
 state. being inconsistent with the provisions of this act ; 
 
 but those rules shall not be enforced until they 
 have been approved in writing by the Secretary 
 of State ; and rules so approved shall not be 
 altered without the like approval. 
 
 A printed copy of rules purporting to be the 
 rules of a school so approved and to be signed by 
 the inspector of industrial schools shall be evi- 
 dence of the rules of the school. 
 
 Evidence as 30. A certificate purporting to be signed by 
 i°«oliool'te' °^® "^ *^® managers of a certified industrial 
 school or their secretary, or by the superintendent 
 or other person in charge of the school to the 
 effect that the child therein named was duly 
 received into and is at the signing thereof 
 detained in the school, or has been duly dis- 
 charged or removed therefrom or otherwise dis- 
 posed of according to law, shall be evidence of 
 the matters therein stated. 
 
 Liability to 31. The time during which a child is detained 
 removal not jn ^ school under this act shall for all purposes 
 stay at be excluded in the computation of time mentioned 
 school. jjj section one of the act of the session of the 
 ninth and tenth years of Her Majesty's reign 
 (chapter sixty-six), " to amend the Laws relating 
 
29 ^ 30 Vict. cap. 118. 361 
 
 to the removal of the poor," as amended by any 
 other act. 
 
 Offences at School, Sfc. 
 
 32. If a child sent to a certified industrial Eetusai to 
 school, and while liable to be detained there, rales'.'™ '" 
 being apparently above ten years of age, and 
 whether lodging in the school itself or not, wil- 
 fully neglects or wilfully refuses to conform to 
 
 the rules of the school, he shall be guilty of an 
 offence against this act, and on summary con- 
 viction thereof before two justices or a m.agistrate 
 shall be liable to be imprisoned, with or without 
 hard labour, for any term not less than fourteen 
 days and not exceeding three months, and the 
 justices or magistrate before whom he is convicted 
 may direct him to be sent at the expiration of the 
 term of his imprisonment to a certified reforma- 
 tory school, and to be there detained subject and 
 according to the provisions of " The Eeformatory 29 s so vict. 
 Schools Act, 1866." "■ n^- 
 
 33. If a child sent to a certified industrial Penalty 
 school, and while liable to be detained there, and ""coping 
 whether lodging in the school itself or not, from school, 
 escapes from the school, or neglects to attend 
 thereat, he shall be guilty of an offence against ■ 
 
 this act, and may at any time before the expira- 
 tion of his period of detention be apprehended 
 without warrant, and may (any other act to the 
 contrary notwithstanding) be then brought before 
 a justice or magistrate having jurisdiction in the 
 place or district where he is found, or in the 
 place or district where the school from which he 
 escaped is situate ; and he shall thereupon be 
 liable on summary conviction before such a justice 
 or magistrate, to be, by and at the expense of the 
 managers of the school, brought back to the same 
 school, there to be detained during a period equal 
 to so much of hi& period of detention as remained 
 
362 Industrial Schools Act, 
 
 unexpired at the time of his committing the 
 offence. 
 
 If the child charged with such an offence is 
 apparently, above ten years of age, then on his 
 summary conviction of the offence before two 
 such justices or such a magistrate, he shall be 
 liable, at the discretion of the justices or magis- 
 trate, instead of being sent back to the same 
 school, to be imprisoned with or without hard 
 labour for any term not less than fourteen days 
 and not exceeding three months, and the justices 
 or magistrate before whom he is convicted may 
 direct him to be sent at the expiration of the 
 term of his imprisonment to a certified reforma- 
 tory school, and to be there detained subject and 
 soviet, according to the provisions of "The Reformatory 
 "'■ Schools Act, 1866." 
 
 Penalty ou 34. If any person does any of the following 
 fSi'ng things, (that is to say,)— 
 
 offenders to First, [knowingly assists, directly or indirectly, 
 elrtTed™" a cliild liable to be detained in a certified in- 
 
 induatriai dustrial school to escape from the school ; 
 
 Second, directly or indirectly induces such a 
 
 child so to escape ; 
 Third, knowingly harbours or conceals a child 
 who has so escaped, or prevents him from 
 returning to school, or knowingly assists in so 
 doing, — , 
 Every such person shall be guilty of an offence 
 against this act, and shall, on summary conviction 
 thereof before two justices or a magistrate, be 
 liable to a penalty not exceeding twenty pounds, 
 or, at the discretion of the justices, to be impri- 
 soned for any term not exceeding two months, 
 with or without hard labour. 
 
 Expenses of Children in Schools. 
 Power to 35. The Commissioners of Her Majesty's Trea- 
 
 contribnte'° siiry may from time to time contribute, out of 
 
29 ^ 30 Vict. cap. 118. 363 , 
 
 money provided by Parliament for tlie purpose, towards 
 sugIi sums as the Secretary of State from time to of oMd'ren"' 
 time thinks fit to recommend towards the custody detained, 
 and maintenance of children detained in certified 
 industrial schools ; provided that such contribu- 
 tions shall not exceed two shillings per head per 
 week for children detained on the application of 
 their parents, step-parents, or guardians. 
 
 ,36. In England a prison a,uthority may contract Power to 
 with the managers of a certified industrial school thority to" 
 for the reception and maintenance therein of such oontrapt for 
 children as are from time to time ordered by children in 
 justices to be sent there from the district of the ^^°''^^- 
 prison authority. 
 
 37. The guardians of the poor of a union or Power to 
 parish, or the board of management of a district f^oJ*&°^to ' 
 pauper school, or the parochial board of a parish contribute. 
 or combination, may from time to time, with the 
 consent in England of the Poor Law Board, and in 
 Scotland of the Board of Supervision, contribute 
 
 such sums as they think fit towards the mainten- 
 ance of children detained in a certified industrial 
 school on their application. 
 
 38. In Scotland where a child sent to a certified Becovery of 
 industrial school under this act is at the time of mainte- 
 his being so sent, or within three months then nance in 
 last past has been, chargeable to any parish, the sooti°andr 
 parochial board and inspector of the poor of the ''''?° ^ 
 parish of the settlement of such child, if the settle- are liable, 
 ment of the child is in any parish in Scotland, 
 
 shall, as long as he continues so chargeable, be 
 liable to repay to the Commissioners of Her 
 Majesty's Treasury all expenses incurred in main- 
 taining him at school under this act to an amount 
 not exceeding five shillings per week, and in de- 
 fault of payment those expenses may be recovered 
 by the inspector of industrial schools, or any 
 agent of the inspector, in a summary manner 
 B 2 
 
364 Industrial Schools Act, 
 
 before a magistrate having jurisdiction in tte place 
 where the parish is situate. 
 
 Provided always, that nothing in this act shall 
 prevent any parochial board on whose funds the 
 cost of support of any such child has become a 
 charge from adopting such steps for the recovery 
 of any sums which may have been paid by such 
 parochial board for any such child against the 
 parish of his settlement, or for his removal, as 
 may be competent to them under any act for the 
 time being in force relating to the relief of the 
 poor in Scotland. 
 
 Comribn- 39. The parent, step-parent, or other person 
 ''°rem& for the time being legally liable- to maintain a 
 child detained in a certified industrial school shall, 
 if of suflScient ability,- contribute to his main- 
 tenance and training therein a sum not exceeding 
 five shillings per week. 
 
 Order for 40. On the complaint of the inspector of indus- 
 
 of 'cratribu- *i'i*l schools, or of any agent of the inspector, or 
 Hon by of any constable under the directions of the 
 paren , c. jjjgpgQ^Qj, (j^n]^ which directions every constable is 
 hereby required to comply), at any time during 
 the detention of a child in a certified industrial 
 school, two justices or a magistrate having juris- 
 diction at the place where the parent, step- 
 parent, or other person liable as aforesaid resides 
 may, on simimons to the parent, step-parent, 
 or other person liable as aforesaid, examine into 
 his ability to maintain the child, and may, if they 
 or he think fit, make an order or decree on him 
 for the payment to the inspector or his agent 
 of such weekly sum, not exceeding five shillings 
 per week, as to them or him seems reasonable, 
 during the whole or any part of the time for which 
 the child is liable to be detained in the school. 
 
 Every such order or decree may specify the time 
 during which the payment is to be made, or may 
 
29 ^30 Vict. cap. 118. 365 
 
 direct the^ payment to be made until further 
 order. 
 
 In Scotland any such order or decree shall be 
 held to be and to have the effect of an order or 
 decree in each and every week for pajrment of the 
 sum ordered or decreed to be paid for such week ; 
 and imder the warrant for arrestment therein con- 
 tained (which the magistrate is hereby authorised 
 to grant if he sees fit), it shall be lawful to arrest 
 weekly for payment of such weekly sum as afore- 
 said the wages of the defender due and current, 
 and such arrestment shall attach not only to the 
 wages due and payable to the defender at the date 
 thereof, but also to the wages current for the week 
 or other term or period in which such arrestment 
 is executed, any law or statute notwithstanding. 
 
 Every such payment or a proper proportionate 
 part thereof shall go in relief of the charges on 
 Her Majesty's Treasury, and the same shall be 
 accounted for as the Commissioners of Her 
 Majesty's Treasury direct, and where the amount 
 of the payment ordered in respect of any child 
 exceeds the amount contributed by the Commis- 
 sioners of Her Majesty's Treasury in respect of 
 that child, the balance shall be accounted for and 
 paid to the managers of the school. 
 
 The Secretary of State may, in his discretion, 
 remit wholly or partially any payment so ordered. 
 
 Two justices or a magistrate having jurisdiction 
 to make such an order or decree may from time 
 to time vary any such order or decree as circum- 
 stances require, on the application either of the 
 person on whom such order or decree is made, or 
 of the inspector of industrial schools, or his agent, 
 on fourteen days notice being first given of such 
 application to the inspector or agent, or to such 
 person respectively. 
 
 Discharge, 4rc. of Children from School. 
 41. A person who has attained the age of six- Detentionto 
 
 cease on 
 
366 Industrial Schools Act, 
 
 child attain- teen years shall not be detained in a certified 
 ing aix een. j^^^g^^j^j school, except with his own consent in 
 writing. 
 
 Transfer to 42. The Secretary of State may at any time 
 
 Bohod by oi'der a child to be transfeiTed from one certified 
 
 Secretary of industrial school to another, but so that the whole 
 
 ""*' period of his detention be not thereby increased. 
 
 The Secretary of State may also at any time 
 
 order a child being under sentence of detention in 
 
 an industrial school established under any other 
 
 act of Parliament, the general rules for the 
 
 government whereof have been approved by the 
 
 Secretary of State, to be transferred to a certified 
 
 industrial school under this act ; -and in that 
 
 case the child shall after the transfer be deemed 
 
 to be subject in aU respects to the provisions of 
 
 this act, but so that the whole period of his 
 
 detention be not by such transfer increased. 
 
 The commissioners of Her Majesty's Treasury 
 may pay, out of money provided by Parliament 
 for the purpose, such sum as the Secretary of 
 State thinks fit to recommend, in discharge of the 
 expenses of the removal of any child transferred 
 under the provisions of this act. 
 
 , Discharge 43. The Secretary of State may at any time 
 ofstrte!**'^ order any child to be discharged from a certified 
 industrial school or from any industrial school 
 established under any other act of Parliament, the 
 general rules for the government whereof have 
 been approved by the Secretary of State, either 
 absolutely or on such condition as the Secretary of 
 State approves, and the child shall be discharged 
 accordingly. 
 
 Withdrawal, ^c., of Certificate of School. 
 
 Power for 44. The Secretary of State, if dissatisfied with 
 
 iSto'^ "' tli6 condition of a certified industrial school, may 
 
 withdraw at any time, by notice under his hand addressed 
 
 to and served on the managers thereof, declare 
 
29 ^30 Vict. cap. 118. 367 
 
 that tKe certificate of the school is withdrawn as 
 from a time specified in the notice, not being less 
 than six months after the date thereof ; and at 
 that time the certificate shall be deemed to be 
 withdrawn accordingly, and the school shall there- 
 upon cease to be a certified industrial school. 
 
 45. The managers or the executors or adminis- Eesignation 
 trators of a deceased manager (if only one) of a Sy'^amf-*'^ 
 certified industrial school may give notice in gera. 
 writing to thes Secretary of State of their intention 
 
 to resign the certificate of that school, and at the 
 expiration in the case of managers of six months, 
 and in the case of executors or administrators of 
 one month, from the receipt of that notice by the 
 Secretary of State (unless before that time the 
 notice is withdrawn) the certificate shall be 
 deemed to be resigned accordingly, and the 
 school shall thereupon cease to be .a certified 
 industrial school. 
 
 46. A notice of the withdrawal or resignation sajetting 
 of the certificate of a certified industrial school a°;^oe"f 
 shall within one month be inserted by order of withdrawal, 
 the Secretary of State in the London or in the 
 Edinburgh Gazette, according as the school is in 
 England or Scotland. 
 
 A copy of the gazette containing such notice 
 shall be conclusive evidence of such withdrawal or 
 resignation. 
 
 A certificate shall be presumed to be in force 
 until the withdrawal or resignation thereof is 
 proved. 
 
 47. Where notice is given _of the withdrawal or cesser of 
 resignation of the certificate of a certified in- oMarenon 
 dustrial school no child shall be received into the notice, &c. 
 school for detention under this act after the re- 
 ceipt by the managers of the school of the notice 
 
 of withdrawal, or after the date, notice of resig- 
 nation, as the case may be ; but the obligation of 
 
368 Industrial Schools. Act, 
 
 the managers to teach, train, clothe, lodge, and 
 feed any children detained in the school at the 
 time of such receipt or at the date of such notice 
 shall, except .as far as the Secretary of State 
 otherwise directs, be deemed to continue until the 
 withdrawal or resignation of the certificate takes 
 effect, or until the contribution out of money 
 provided by Parliament towards the custody and 
 maintenance of the children detained in the 
 school is discontinued, whichever shall first 
 happen. 
 
 Discharge of 48. Where a school ceases to be a certified 
 
 °^jjJ^^°^J*^' industrial school, the children detained therein 
 
 shall be either discharged or transferred to some 
 
 other certified industrial school by order of the 
 
 Secretary of State. 
 
 Houses of Refuge, ^c, in Scotland. 
 In Scotland, 49. Where in any city, town,- or place in Scot- 
 FnduBtiial -^^""^ there has been erected, under local act of 
 schools Parliament or otherwise, any house of refuge for 
 acts, &c. to destitute children or any industrial school, or 
 
 ■■f??!™ other similar institution, the commissioners, 
 
 children, i c . t 
 
 directors, or managers thereof may receive and 
 
 maintain therein, if willing to do so, all such 
 children as are sent thereto under this act, and 
 may pay such portion of the fund under their 
 control as they think proper for the training, 
 maintenance, and disposal of such children ; pro- 
 vided that such house of refuge, school, or insti- 
 tution is certified as an industrial school under 
 this act, and the rules thereof and all alterations 
 thereof from time to time are approved by the 
 Secretary of State. 
 
 Expenses of Prison Authorities, ^c. 
 Expenses of 50. Expenses incurred by a prison authority in 
 ttariSesMid England in carrying into effect the provisions of 
 county this act shall be deemed expenses incurred by 
 
29 ^ 30 Vict. cap. 118. 369 
 
 that auttority in carrying into effect tlie pro- boards how 
 visions of "The Prison Act, 1865," and shaU be ^"^^^^ 
 defrayed accordingly. 
 
 Expenses incurred by a county board in Scot- 
 land in carrying into effect thfe provisions of this 
 act shall be a charge on the assessment for cur- 
 rent expenses incurred by that board in carrying 
 into effect the provisions of " The Prisons (Scot- 
 land) Administration Act, 1860." 
 
 Miscellaneous. 
 
 51. The following acts — Acts roguia- 
 In England, the act of the session of the J^^p,™" 
 
 eleventh and twelfth years of Her Majesty's 
 reign (chapter forty-three), " to facilitate the 
 Performance of the Duties of Justices of the 
 Peace out of Sessions, within England and 
 Wales, with respect to summary Convictions 
 and Orders," and any acts amending the 
 same ; 
 In Scotland, " The Summary Procedure Act, 
 1864,"— 
 Shall apply to aU offences, payments, and orders 
 in respect of which jurisdiction is given to jus- 
 tices or a magistrate by this act, or which are 
 by this act directed to be prosecuted, enforced, 
 or made in a sumrnary manner or on summary 
 conviction. 
 
 52. No summons, notice, or order made for Use of forma 
 the purpose of carrying into effect the provisions '° ^''''^'iule. 
 of this act shall be invalidated for want of form 
 
 only ; and the forms in the schedule to this act 
 annexed, or forms to the like effect, may be 
 used in the cases to which they refer, with such 
 vanations as circumstances require, and when 
 used shall be deemed sufficient. 
 
 53. Any notice may be served on the managers Service of 
 of a certified industrial school by being delivered STaLTgc™ 
 to any one of them personally, or by being sent 
 
 B 3 
 
370 
 
 Industrial Schools Act, 
 
 Application 
 of act to 
 existing 
 certifled 
 schools. 
 
 by post or otherwise in a letter addressed to 
 them or any of them at the school, or at the 
 usual or last known place of abode of any of the 
 managers, or of their secretary. 
 
 54. This act shall apply to all certified indus- 
 trial schools being such at the passing of this 
 act, and to all children sent thereto before the 
 passing of this act, but no child shall be detained 
 at any industrial school, in pursuance of any 
 order made before the passing of this act, for a 
 longer period than he would have been liable to 
 be detained if this act had not been passed. 
 
 THE FIRST SCHEDULE. 
 Acts Repealed. 
 
 24 & 25 Vict. c. 113. 
 
 24 & 25 Vict. c. 132. 
 
 25 & 26 Vict. u. 10. 
 
 The Industrial Schools Act, 1861. 
 
 The Industrial Schools (Scotland) 
 Act, 1861. 
 
 An Act for continuing for a further 
 limited Time, and for extending the 
 Operation of Orders made under 
 the Industrial Schools Act, 1861, 
 and the Industrial Schools (Scot- 
 land) Act, 1861. 
 
 THE SECOND SGHEDULK 
 
 FOKMS. 
 
 (A.) 
 Order sending Child to Industrial School. 
 
 — 1 Be it remembered, that on the day of 
 
 to wit. j in pursuance of the Industi-ial Schools 
 
 Act, 1866, we, two of Her Majesty's justices of the peace for 
 the said [coMBty] of , do order that A.B. of 
 
 (whose religious persuasion appears to us to be ) 
 
 being a child subject to the provisions of section of 
 
 the said act, be sent to the certified industrial school 
 
 at. and that he be detained there during 
 
 (Signed) L.M. 
 N.O. 
 
29 ^ 30 Vict. cap. 118. 371 
 
 (CO 
 
 Complaint fir enforcing in England Contributum from 
 Fare/at, <^c. 
 
 1 The complaint of the inspector of industrial 
 
 to wit, j schools fof ois the case may he] made to ue, the 
 undersigned, two of Her Majesty's justices of the peace for 
 the said county of this day of at 
 
 in the same county, who says, that one A.B. of (") the age 
 of years, or thereabouts, is now detained in the 
 
 industrial school at in the county of 
 
 , under the Industrial Schools Act, 1866, and has 
 been duly ordered and directed to be detained therein until 
 the day of : That one C.B. dvrelling in the 
 
 parish of in the county of is the parent [or 
 
 step-parent, ^c] of the said A.B., and is of sufScient ability 
 to contribute to the support and maintenance of the said 
 A.B., his son: (*) The said complainant therefore prays 
 that the said O.B. may be summoned to show cause why an 
 order should not be made on him so to contribute. 
 Szhibited before us, CD. 
 
 J.S. 
 L.M. 
 
 (D.) 
 
 Svmmions to Parent, ^c 
 
 {This will be in Form (A.) in Schedule to 11 ^ 12 Vict. c. 43.) 
 
 (B.) 
 Order on Parent, ^c, to contribute a WeeMy Sum. 
 
 1 Be it remembered, that on this day of 
 
 to wit. j at in the said [cotaiii/] of 
 
 a certain complaint of the inspector of industrial schools [or 
 as the case may be], for that one A.B. of, &c. [staiing the 
 cause of complaint as in the firm (0.) between the asterisks 
 C ) (*)Ji w*^ duly heard by and before us, the undersigned, 
 tr A o of Her Majesty s justices of the peace in and for the said 
 [comity] of . (in the presence and hearing of the said 
 
 (J.B., if so, or the said O.B. not appearing to the summons 
 duly issued and served in this behalf) ; and we, having duly 
 examined into the ability of the said C.B. and on consider- 
 ation of all the circumstances of the case, do order the said 
 O.B. to pay to the said inspector [m' to an agent of the said 
 inspector] the sum of shillings per week from the 
 
 date of this order until the day of , the same 
 
 to be paid at the expiration of ea«h [fourteen, or as the case 
 may he, days]. 
 
 Given under our hands and seals, the day and year first 
 above mentioned, at in the [comity] aforesaid. 
 
 J.S. (L.S.) 
 L.M. {h.a.) 
 
372 ■ Industrial Schools Acty 
 
 (F.) 
 
 Distress WaiTantJor Amount in Arrear. 
 
 ■) To the constable of , and to all other 
 
 to wit. ) peace Officers in the said [cmmtyl of 
 Whereas on the hearing of a complaint made by the 
 inspector of industrial schools, [or as the case may he,'] that 
 A.B. of, &c. [stating the cause of complaint as in the Jorm 
 (0.) bepuieen the asterisks (*) (*)'], an order was made on the 
 day of by us, the undersigned [or by L.M. 
 
 and J.H.], two of Her Majesty's justices of the peace in and 
 for the said [couMyl of against the said O.B., to pay 
 
 to the said inspector [or as the case way be] the sum of 
 per week from the date of the said order until the 
 day of , the same to be paid at the expi- 
 
 ration of each [twenty-eigAi] days [or as the case may be] (*) r 
 And whereas there is due upon the said order the sum of 
 being for [three] periods of [fomieem] days each, 
 and default has been made therein for the space of fourteen 
 days : ,, 
 
 These are therefore to command yon, in Her Majesty's 
 name, forthwith to make distress of the goods and chattels of 
 the said C.B., and if within the space of [five] days next 
 after the making of such distress the said last mentioned 
 sum, together with the reasonable charges of taking and 
 keeping the said distress, is not paid, that then you do sell 
 the said goods and chattels so by you distrained, and do pay 
 the money arising from such sale to the clerk of the 
 
 justices of the peace for the of that he may 
 
 pay and apply the same as by law directed, and may render 
 the overplus (if any), on demand, to the said O.B. ; and if 
 no such distress can be found, then that you certify the 
 same to us, to the end that such proceediag& may be had 
 therein as the law requires. 
 Given under our hands and seals, this day of 
 
 at in the [comity] aforesaid. 
 
 J.S. (I,.3.) 
 L.M. CL.S.) 
 
 (G.) 
 Commitment in Default of Distress. 
 
 ) To the constable of and to the keeper of 
 
 to wit. j the [prison] at in the said [county] of 
 
 Whereas [^c, as in the form (P.) to the single asterisk (*) 
 and then thus] ; And whereas afterwards on the 
 day of last, I, the undersigned, together with L.M., 
 
 Esquire, [or J.S. and L.M., Esquires,] two of Her Majesty's 
 justices of the peace in and for the said [county] of 
 issued a warrant to the constable of aforesaid, com- 
 
 manding him to levy the sum of due upon the said 
 
 recited order, being for [three] periods of [fim-tem] days, 
 by distress and sale of the goods and chattels of the said 
 
29 <?■ 30 Vict. cap. 118. ■ 373 
 
 C.B. : And whereas a return has this day been made to me 
 the said justice [or the undersignedj one of Her Majesty's 
 justices of the peace in and for the said [county] of ], 
 
 that no sufficient goods of the said C.B. can beiound : . 
 
 These are therefore to oommand you, the said constable 
 of to take the said C.B., and him safely to convey 
 
 to the [prison] at aforesaid, and there deliver him to 
 
 the keeper thereof, together with this precept : And I do 
 hereby command you, the said keeper of the said [prison], 
 to receive the said O.B. into your custody in Uie said 
 [prison], there to imprison him for the term of , 
 
 unless the said sum, and all costs and charges of the said 
 distress, and of the commitment and conveying of the said 
 C.B. to the said [prison], amounting to the further sum of 
 , shall be sooner p^iid unto you the said keeper ; 
 and for your so doing this shall be your sufficient warrant. 
 
 Given under my hand and seal, this day of 
 
 in the year of our Lord , at in the [cowtty] 
 
 aforesaid. 
 
 J.S (L.S.) 
 
 (H.) 
 
 0«fcc « Scotland on Parent for Payment towards 
 Maintenance ojf Child. 
 
 The sheriff [oc as the case may te] having considered the 
 complaint of E.F., the inspector of mdustrial schools, made 
 under the Industrial Schools Act, 1866, and having heard 
 parties thereon [en; in absence of CD., desiffning him, duly 
 cited but not appearing], pursuant to the said act, decerns 
 CD. complained on, weekly and every week from the 
 day of to pay to the said E.P., or to his 
 
 agent from time to time authorised to receive the same, the 
 sum of shillings for the maintenance and training 
 
 of A.B., son [or as the case may be] of the said CD., now 
 detained in the certified industrial school of under 
 
 an order by of date until the said child attains 
 
 the age of sixteen years or is lawfully discharged from the 
 said school, and grants warrant of arrestment to be executed 
 by any constable or messenger at arms. 
 
 Given under my hand this day of at 
 
 in the county aforesaid. 
 
 [Magistrate's ^nature.] 
 
374 Criminal Law Amendment Act, 
 
 OEIMINAL LAW AMENDMENT ACT. 
 
 (30 & 31 ViOT. CAP. 35.) 
 
 An Act to remove some Defects in the Administration 
 of the Criminal Law. — \2Qth June, 1867.] 
 
 Wheeeas it is found that delay and inconvenience 
 are frequently caused by tlie provisions contained 
 in the first section of the act twenty-second and 
 twenty-third Victoria, chapter seventeen, in oases 
 not within the mischief for remedy whereof the 
 same act was made and passed, and it is expedient 
 to restrict the operation thereof : 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same : 
 
 Limitation 1. That the said provisions of the said first 
 v' t^ * 17 section of the said act shall not extend or be 
 applicable to prevent the presentment to or finding 
 by a grand jury of any bUl of indictment contain- 
 ing a count or counts for any of the offences men- 
 tioned in the said act, if such count or counts be 
 such as may now be lawfully joined with the rest 
 of such bill of indictment, and if the same count 
 or counts be founded (in the opinion of the court 
 in or before which the same bill of indictment be 
 preferred) upon the facts or evidence disclosed in 
 any examinations or depositions taken before a 
 justice of the peace, in the presence of the person 
 accused or proposed to be accused by such bill of 
 indictment, and transmitted or delivered to such 
 court in due course of law ; and nothing in the 
 said act shall extend or be applicable to prevent 
 the presentment to or finding by a grand jury of 
 any bill of indictment, if such bill be presented to 
 
30 ^ 31 Vict. cap. 35. 375 
 
 tte grand jury with the consent of the court in or 
 before which the same may be preferred. 
 
 2. Whenever any bill of indictment shall be On acquittal, 
 preferred to any grand jury, under the provisions aonSdloted; 
 of the act twenty-second and twenty-third Victoria, '^^° iiadnot 
 chapter seventeen, agaiast any person who has not mitted or 
 been committed to or detained in custody, or ^^^^^'^iiay*'' 
 bound by recognizance to answer such indictment, order pro- 
 and the person accused thereby shall be acquitted pay^oosts'to 
 thereon, it shaU be lawful for the court before JJ^^°,^g' " 
 which such indictment shall be, tried, in its discre- proseoutipn 
 tion to direct and order that the prosecutor or ^i^ona- 
 other person by or at whose instance such indict- 
 ment shall have been preferred shall pay unto the 
 accused person the just and reasonable costs, 
 charges, and expenses of such accused person and 
 his witnesses (if any) caused or occasioned by or 
 consequent upon the preferring of such bill of 
 indictment, to be taxed by the proper officer of the 
 court ; and upon nonpayment of such costs, 
 charges, and expenses within one calendar month 
 after the date of such direction and order it shall , 
 be lawful for any of the superior courts of law at 
 Westminster, or any judge thereof, or for the 
 justices and judges of the Central Criminal Court 
 l^if the bill of indictment has been preferred in 
 that court), to issue against the person on whom 
 such order is made such and the like writ or writs, 
 process or processes, as may now be ] awfully issued 
 by any of the said superior courts for enforcing 
 judgments thereof. 
 
 3. And whereas complaint is frequently made Accused 
 by persons charged with indictable offences, upon ^B^la^y '" 
 their trial, that they are unable by reason of justice if he 
 poverty to call witnesses on their behalf, and that oaii wit- 
 injustice is thereby occasioned to them ; and it is 
 expedient to remove, as far as practicable, all just 
 ground for such complaint ; Therefore, in all cases 
 
'376 Criminal Law Amendment Act, 
 
 where any person stall appear or be brouglit before 
 any justice or justices of the peace, charged with 
 any indictable offence, whether committed within 
 this realm or upon the high seas or upon land 
 beyond the sea, and whether such person appear 
 voluntarily upon summons, or has been appre- 
 hended with or without warrant, or be in custody 
 for the same or any other offence, such justice or 
 justices, before he or they shall commit such 
 accused person for trial or admit him to bail, 
 shall, immediately after obe3dng the directions of 
 the eighteenth section of the act eleventh and 
 twelfth Victoria, chapter forty-two, demand and 
 require of the accused person whether he desires 
 to call any witnesses ; and if the accused person 
 shall, in answer to such demand, call or desire to 
 call any witness or witnesses, such justice or 
 justices shall, in the presence of such accused 
 person, take the statement on oath or affirmation, 
 both examination and cross-examination, of those 
 who shall be so called as witnesses by 'such ac- 
 cused person, and who shall know anything rela- 
 ting to the facts and circumstances of the case or 
 anything tending to prove the innocence of such 
 accused person, and shall put the same into 
 Their depo- writing; and such depositions of such witnesses 
 
 ta,ke™and''° ®^^^ ^® ^^^ °"^®^ *° ^^"^ signed respectively by 
 returned to the witnesses who shall have been so 'examined, 
 S'tt and shall be signed also by the justice or justices 
 accused taking the same, and transmitted in due course of 
 any. law with the depositions, and such witnesses, not 
 
 being witnesses merely to the character of the 
 accused, as shall in the opinion of the justice or 
 justices give evidence in any way material to the 
 case or tending to prove the innocence of the 
 accused person, shall be bound by recognizance to 
 appear and give evidence at the said trial; and 
 afterwards, upon the trial of such accused person, 
 all the laws now in force relating to the deposi- 
 tions of witnesses for the prosecution shall extend 
 
30 ^ 31 Vict. cap. 55. 377 
 
 and be applicable to the depositions of witnesses 
 hereby directed to be taken. 
 
 4. All the provisions of the said Act eleventh Provieionsof 
 and twelfth Victoria, chapter forty-two, relating o. 42, ex- '" 
 to the summoning and enforcing the attendance ^^f^J" 
 and committal of witnesses, and binding them by 
 recognizance and committal in default, and for 
 
 giving the accused person copies of the examina- 
 tions, and giving jurisdiction to certain persons to 
 act alone, shall be read and shall have operation 
 as part of this act. 
 
 5. The court before which any accused person it witnesses 
 shall be prosecuted or tried, or for trial, before Siu^by re- 
 which he may be committed or bailed to appear cognizance, 
 for any felony or misdemeanor, is hereby autho- the triat 
 rised and empowered, in its discretion, at the <=°"" ™*y 
 request of any person who shall appear before peneea. 
 such court on recognizance to give evidence on 
 
 behalf of the person accused, to order payment 
 unto such witness so appearing such sum of money 
 as to the court shall seem reasonable and suflScient 
 to compensate such witness for the expenses, 
 trouble, and loss of time he shall have incurred 
 or sustained in attending before the examining 
 magistrate, and at or before such court ; and the 
 amount of such expenses of attending before the 
 examining magistrate, and compensation for 
 trouble and loss of time therein, shall be ascer- 
 tained by the certificate of such magistrate, 
 panted before the attendance in court ; and the 
 amount of all other expenses and compensation 
 shall be ascertained by the proper officer of the 
 court, who shall, upon receipt of the sum of six- 
 pence for each witness, make out and deliver to 
 the person entitled thereto an order for such ex- 
 penses and compensation, together with the said 
 fee of sixpence, upon such and the same treasurers 
 and officers as would now by law be liable to pay- 
 ment of an order for the expenses of the prose- 
 
378 Criminal Law Amendment Act, 
 
 cutor or witnesses against such accused person ; 
 and if the accusation be of suoh kind that the 
 court shall have no power to order the expenses 
 of the proseeutor, then upon the treasurer or 
 other officer in the capacity of a treasurer of the 
 county, riding, division, city, borough, or place 
 where the offence of such accused person may be 
 alleged to have been committed, which treasurer or 
 other officer is hereby required to pay the same 
 orders upon sight thereof, and shall be allowed 
 the same in his accounts : provided always, 'that 
 in no case shall any such allowances or compen- 
 sation exceed the amount now by law permitted 
 to be made to prosecutors and witnesses for the 
 prosecution ; and provided always, that such 
 allowances and compensation shall be allowed 
 and paid as part of the expenses of the prosecu- 
 tion. 
 
 Power to 6. And whereas by the seventeenth section of 
 
 ton ol^per-" t^ie ^^ eleventh and twelfth Victoria, chapter 
 son danger- forty-two, it is permitted under certain circum- 
 and not stances to read in evidence on the' trial of an 
 cover 'and" ^^cused person the deposition taken in accordance 
 to make with the provisions of the said act of a witness 
 de™oe*iii" ^^0 ^ dead, or so iU as to be unable to travel : 
 certain _A.nd whereas it may happen that a person dan- 
 death of gerously ill, and unable to travel, may be ablejto 
 such person, gj^^g material and important information relating 
 to an indictable offence, or to a person accused 
 thereof, and it may not be practicable or permis-* 
 sible to take, in accordance with the provisions of 
 the said act, the examination or deposition of the 
 person so being iQ, so as to make the same avail- 
 able as evidence in the evident of his or her death 
 before the trial of the accused person, and it is 
 desirable in the interests of truth and justice that 
 means should be provided for perpetuating such 
 testimony, and for rendering the same available in 
 the event of the death of the person giving the 
 
30 ^ 31 Vict. cap. 35. 379 
 
 same :, Therefore, whenever it shall be made to 
 appear to the satisfaction of any justice of the 
 peace that any person dangerously ill, and in the 
 opinion of some registered medical practitioner 
 not likely to recover from such illness, is able and 
 willing to give material information relating to 
 . any indictable offence, or relating to any person 
 accused of any such offence, and it shall not be 
 practicable for any justice or justices of the peace 
 to take an examination or deposition in accord- 
 ance with the provisions of the said act of the 
 person so being ill, it shall be lawful for the said 
 justice to take in writing the statement on oath 
 or aflSrmation of such person so being ill, and 
 such justice shall thereupon subscribe the same, 
 and shall add thereto by way of caption a state- 
 ment of his reason for taking the same, and of 
 the day and place when and where the same was 
 taken, and of the name of the persons (if any^ 
 present at the taking thereof, and, if the same 
 shall relate to any indictable offence for which 
 any accused person is already committed or bailed 
 to appear for trial, shall transmit the same with 
 the said addition to the proper officer of the 
 court for trial at which such accused person 
 shall have been so committed or bailed ; and in 
 all other cases he shall transmit the same to the 
 clerk of the peace of the county, division, city, 
 or borough in which he shaU have taken the 
 same, who is hereby required to preserve the 
 same, and file it of record ; and if afterwards, 
 upon the trial of any offender or offence to which 
 the same may relate, the person who made the 
 same statement shall be proved to be dead, or if 
 it shall be proved that there is no reasonable 
 probability that such person wiU ever be able to 
 travel or to give evidence, it shall be lawful to 
 read such statement in evidence, either for or 
 against the accused, without further proof thereof, 
 if the same purports to be signed by the justice 
 
'380 
 
 Criminal Law Amendment Act, 
 
 ProviBion 
 for the 
 prisoner 
 being pre- 
 sent at 
 taking of 
 statement. 
 
 by or before whom, it purports to be taken, and 
 ■provided it be proved to the satisfaction of the 
 'court that reasonable notice of the intention to 
 take such statement has been served upon the 
 person (whether prosecutor or accused) against 
 whom it ia proposed to be read' in evidence, and 
 that such person, or his counsel or attorney, had- 
 or might have had, if he had chosen to be present, 
 'full opportunity of cross-examining the deceased 
 person who made the same. 
 
 7. Whenever a prisoner in actual custody shall 
 have served or shall have received notice of 
 an intention to take such statenaent as herein- 
 before mentioned, the judge or justice of the 
 peace by whom the prisoner was committed, or 
 the visiting justices of the prison in which he is 
 confined, may, by an order in writing, direct the 
 gaoler having the custody of the prisoner to con- 
 vey him to the place mentioned in the said notice 
 for the purpose of being present at the taking of 
 the statement ; and such gaoler shall convey the 
 prisoner accordingly, and the expenses of such 
 conveyance shall be paid out of the funds appli- 
 cable to the other expenses of the prison from 
 which the prisoner shall have been conveyed. 
 
 Provisions 8. And whereas relief has been given by the 
 vio*&66 statute twenty-fourth and twenty-fifth Victoria, 
 as to wit^ chapter sixty-six, to persons refusing, from alleged 
 object to be conscientious motives, to be sworn as witnesses in 
 criminal proceedings, and it is expedient to extend 
 that relief to persons required to serve as jurors : 
 Therefore if any person summoned or required to 
 serve as a juror in any civil or criminal proceeding 
 shall refuse or be unwilling, from alleged con- 
 oientious motives, to be sworn, it shall be lawful 
 for the court or judge, or other presiding oflScer 
 or person qualified to administer an oath to a 
 juror, upon being satisfied of the sincerity of such 
 objection, to permit such person, instead of being 
 
 sworn, ex- 
 tended to 
 jurors. 
 
30 4- 31 Vict. cap. 35. 381 
 
 sworn, to make Ms or her solemn affirmation or 
 declaration in the words following : 
 
 "I A.B. do solemnly, sincerely, and truly 
 affirm and declare that the taking of any oath is, 
 according to my religious belief, unlawful ; and I 
 do also solemnly, sincerely, and truly affirm and 
 declare," &c. 
 
 Which solemn affirmation shall be of the same 
 force and effect, and if untrue shall entail all the 
 same consequences, as if such person had taken an 
 oath in the usual form ; and whenever in any legal 
 proceedings it is necessary or usual to state or 
 allege that jurors have been sworn, it shall not be 
 necessary to specify that any particular juror has 
 made affirmation or declaration instead of oath, 
 but it shall be sufficient to state or allege that the 
 jurors have been " sworn or affirmed." 
 
 9. Where any prisoner shall be convicted. Money 
 either summarily or otherwise, of larceny or other p^g° ne°to 
 offence, which includes the stealing of any pro- be given to 
 perty, and it shall appear to the court by the evi- property not 
 dence that the prisoner has sold the stolen pro- '^°?^° *" ^" 
 perty to any person, and that such person has had restitution 
 no knowledge that the same was stolen, and that °' P™P^'''y- 
 any moneys have been taken from the prisoner on 
 
 his apprehension, it shall be lawful for the court, 
 on the application of such purchaser, and on the 
 restitution of the stolen property to the prose- 
 cutor, to order that out of such moneys a sum 
 not exceeding the amount of the proceeds of the 
 said sale be delivered to the said purchaser. 
 
 10. Where recognizances shall have been en- Governor of 
 tered into for the appearance of any person to take SrinTup the 
 his trial for any offence at any court of criminal body of any 
 jurisdiction, and a bUl of indictment shall be aZteS, irtth- 
 found against him, and such person shall be ??'J'"' °' 
 then in the prison belonging to the jurisdiction, corpus, 
 
 of such court, under warrant of commitment, or "f^urt'^'^' 
 under sentence for some other offence, it shall 
 
382 30 ^ 31 Yict. cap. 115. 
 
 be lawful for the court, by order in writing, to 
 direct the governor of the said prison to bring 
 up the body of such person in order that he may 
 be arraigned "upon such indictment without writ 
 of habeas corpus, and the said governor shall 
 thereupon obey such order. 
 
 Extent of 11. This act shaU not extend to Ireland. 
 
 act. , . . 
 
 Commence- 12. This act shall come into operation on the 
 ment of act. gj-gt ^^y of October, one thousand eight hundred 
 and sixty-seven. 
 
 JUSTICES OF THE PEACE ACT. 
 
 (30 & 31 ViOT. CAP. 115.) 
 
 An Act to remove Disqualifications of Justices of 
 the Peace in certain Gases. — [20th August, 
 1867.] 
 
 In order that justices of the peace may act in the 
 execution of acts in some cases in which they now 
 are incapable of so acting, be it enacted by the 
 Queen's most excellent Majesty, by and with the 
 advice and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parlia- 
 ment assembled, and by the authority of the 
 same, as follows ; (that is to say,) 
 
 Short title. 1. This act may for all purposes be cited as 
 "Justices of the Peace Act, 1867." 
 
 Justices not 2. A justice of the peace shall not be incapable 
 
 incapable of gf acting as a justice at any petty or special or 
 
 execution of general or quarter sessions on the trial of an 
 
 BpSfflei'^^ offence arising under an act to be put in execution 
 
 by a municipal corporation, or a local board of 
 
 health, or improvement commissioners, or trustees, 
 
 or any other local authority, by reason only of — 
 
 (a.) His being as one of several ratepayers, or 
 
 as one of any other class of persons liable 
 
30 ^31 Vict. cap. 119. 383 
 
 in common with, tlie others to contribute 
 to or to be benefited by any fund to the 
 account of whicli the penalty payable in 
 respect of such offence is directed to be 
 carried or of which it wiU form part, or 
 to contribute to any rate or expenses in 
 diminution of which such penalty will go. 
 
 NAVAL STOEES (No. 2) ACT. 
 
 (30 & 31 Vict. cap. 119.) 
 
 An Act for the Frotectioji of Naval Stores. — 
 I20th August, 1867.] 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This act may be cited as " The Naval Stores Short title. 
 Act, 1867." 
 
 2. This act shall not extend to Scotland or Extent of 
 Ireland. *"'• 
 
 8. In this act — 
 
 The term " the Admiralty" means the Lord interpreta- 
 
 High Admiral of the United Kingdom, or tems! 
 
 the commissioners for executing the oflSce 
 
 of Lord High Admiral : 
 The term " dealer in marine stores" means a 17&18 viot. 
 
 person bound to conform to the regulations °' ^"^ "' *^''' 
 
 of " The Merchant Shipping Act, 1854," 
 
 section four hundred and eighty : 
 The term " dealer in old metals" has the same a & 25 vict. 
 
 meaning as in "The Old Metal Dealers Act, "■""• 
 
 1861": 
 The term " stores" includes all goods and 
 
 chattels and any single store or article. 
 
384 Ncmal Stores- {No. 2) Act, 
 
 ?7 4 28 Vict. ' 4. "The Naval and Victualling Stores Act, 
 peaiidfbut 1864," is hereby repealed; but this repeal or 
 not to apply anything in this act shall not apply to or in 
 
 to offences ■' °„ „ n . -ij. j 
 
 before pass- respect of any offence, act, or thing committed or 
 ing this act ^Qjjg ^gf^jjg ^.j^g passing of this act, save that this 
 act shall apply to stores bearing any such mark 
 or part of a mark as in this act mentioned, 
 whether applied before or after the passing of 
 this act. 
 
 Marks in 5. The marks described in the schedule to 
 
 propriatod''' ^^i^ ^^ ^^y ^^ applied in or. on stores' therein 
 for naval described in order to denote Her Majesty's pro- 
 stores, i ■ i_ 11 
 perty in stores so marked. 
 
 It shall be lawful for the Admiralty, their con- 
 tractors, oflScers, and workmen, to apply those 
 marks or any of them in or on any such stores. 
 
 If any person, without lawful authority (proof 
 of which authority shall lie on the party accused), 
 applies any of those marks in or on any such 
 stores, he shall be guilty of a misdemeanor, and 
 shall, on conviction thereof, be liable to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour. 
 
 Obliteration, 6. If any person with intent to conceal Her 
 to'conS' Majesty's property in any stores, takes out, 
 &c., felony, destroys, or obliterates, wholly or in part, any 
 such mark as aforesaid, he shall be guilty of 
 felony, and shall, on conviction thereof, be liable, 
 in the discretion of the court before which he is 
 convicted, to be kept in penal servitude for any term 
 not exceeding five years, or to be imprisoned for 
 any term not exceeding two years, with or with- 
 out hard labour, and with or with solitary con- 
 finement. 
 
 Knowingly 7. If any person, without lawful authority 
 te^Srked- (proof of which authority shall He on the party 
 stores a accused), receives, possesses, keeps, seUs, or de- 
 meanor, livers any stores bearing any such mark as afore- 
 
30 ^ 31 Vict. cap. 119. 385 
 
 said, or any part of any such mark, knowing 
 them to bear such mark or part of a mark, he 
 shall be guilty of a misdemeanor, and shall, on 
 conviction thereof, be liable to be imprisoned for 
 any term not exceeding one year, with or without 
 hard labour. 
 
 8. Where the person charged with such a Knowledge 
 misdemeanor as last aforesaid was at the time at being'mark- 
 which the offence is charged to have been com- ed presumed 
 mitted . in Her Majesty's service, or in the service dealers, &c. 
 of the Admiralty, or a dealer in marine stores, or 
 
 in old metals, or a pawnbroker, knowledge on his 
 part that the stores to which the charge relates 
 bore such a mark or part of a mark as aforesaid 
 shall be presumed until the contrary is shown. 
 
 9. A person charged with such a misdemeanor Summary 
 as last aforesaid in relation 1o stores the value fnoertain" 
 whereof does not exceed five pounds shall be ""ses. 
 liable, on summary conviction before a justice of 
 
 the peace, to a penalty not exceeding twenty 
 pounds, or, in the discretion of the justice, to 
 be imprisoned for any term not exceeding six 
 months, with or without hard labour. 
 
 10. If stores are found in the possession of a Penalty on 
 person being in Her Majesty's service or' in the fo^i\^' 
 service of the Admiralty, or being a dealer in possession 
 
 , • ij j_ 1 11 of unmarked 
 
 marine stores or m old metals, or a pawnbroker, stores, and 
 and he is taken or summoned before a justice of P"'""™™*- 
 the- peace, and such stores do not bear any such 
 mark or part of a mark as aforesaid, but the 
 justice sees reasonable grounds for believing 
 them to be or to have been Her Majesty's pro- 
 perty, then if such person does not satisfy the 
 justice that he came by the stores so found law- 
 fully, he shall be liable, on summary conviction 
 before the justice, to a penalty not exceeding five 
 pounds. 
 
 11. A conviction ui|der this act of a dealer in Effect ot 
 
 conviction 
 
386 Naval Stores (No. 2) A ct, 
 
 of dealer in old metals stall, for the purposes of registration 
 old metals, ^g^ j^^ consequences under "The Old Metal 
 
 Dealers Act, 1861," be equivalent to a conviction 
 
 under that,.act. 
 
 Persons not 12. In order to prevent a failure of justice in 
 marine" some cases by reason of the difficulty of proving 
 stores, &c., knowledge of the fact that stores bore such a mark 
 
 found in _ =• 
 
 possession, as aioresaid, — 
 
 satlfao- ^ stores bearing such a mark or part of a mark 
 
 toriiy ao- are found in the possession of a person not being 
 theni,"ifab°e in Her Majesty's service or in the service of the 
 to a penalty. Admiralty, and not being a dealer in marine stores 
 or in old metals, or a pawnbroker, the following 
 provisions shall have effect : — 
 
 (1.) If such person, when taken or summoned 
 before a justice of the peace, does not 
 satisfy the justice that he came by the 
 stores so found lawfully, he shall be liable, 
 on conviction by the justice, to a penalty 
 not exceeding five pounds. 
 (2.) If he satisfies the justice that he came by 
 the stores so found lawfully, the justice, at 
 his discretion, as the evidence given and 
 the circumstances of the case require, may 
 summon before him every person through 
 whose hands such- stores appear to have 
 passed, and if any such person as last 
 aforesaid who has had possession thereof 
 does not satisfy the justice that he came 
 by the same lawfully, he shall be liable, on 
 summary conviction before a justice, to a 
 penalty not exceeding five pounds. 
 
 Criminal 13. For the purposes of this act stores shall be 
 
 orstores" deemed to be in the possession or keeping of any 
 explained person if he knowingly has them in the actual 
 o/a^^°^^" possession or keeping of any other person, or in any 
 house, building, lodging, apartment, field, or place, 
 open or inclosed, whether occupied by himself or 
 
30 ^ 31 Vict. cap. 119. 887 
 
 not, and whether the same are so had for his own 
 use or benefit or for the use or benefit of another. 
 
 14. A constable of the Metropolitan Police Policemen 
 Force may, within the yard and limits for which poSan force 
 he is sworn, stop, search, and detain any vessel, ™?y ='"? 
 boat, or carriage in or on which there is reason to peSs, &a. 
 suspect that any of Her Majesty's stores stolen or 
 unlawfully obtained may be found, or any person 
 reasonably suspected of then and there ha-ving in 
 
 his possession any such stores stolen or unlawfully 
 obtEiined. 
 
 15. The following sections of the act of the SeoHonB 98, 
 session of the twenty-fourth and twenty-fifth years J'^ ^oVs"' 
 of Her Majesty's reign (chapter ninety-six), " to and 115 to' 
 consolidate and amend the statute law of England ^it'a*96,^° 
 and Ireland relating to larceny and other similar '°°°^p°t,j^ 
 offences," shall be incorporated with this act, and this act. 
 shall for the purposes of this act be read as if 
 
 they were here re-enaoted, namely, sections ninety- 
 eight to one hundred, one hundred and three, one 
 hundred and seven to one hundred and thirteen, 
 and one hundred and fifteen to one hundred and 
 twenty-one, aU inclusive ; and for this purpose the 
 expression "this act," when used in the sections 
 herein incorporated, shall be taken to include the 
 present act. 
 
 16. It shall not be lawful for any person, with- ProiiiMtion 
 ont permission in writing from the Admiralty, or te.'^uhkf ' 
 from some person authorised by the Admiralty in loo'yards of 
 that behalf (proof of which permission shalllie on ^"""y*'*'' 
 the party accused), to gather or search for stores, 
 
 or to creep, sweep, or dredge in the sea or any 
 tidal water, within one hundred yards from any 
 vessel belonging to Her Majesty or in Her Majesty's 
 service, or from any mooring-place or anchoring- 
 plaee appropriated to such vessels, or from any 
 moorings belonging to Her Majesty, or from any of 
 Her Majesty's wharves, or dock, victualling, or 
 s2 
 
388 
 
 Naval Stores {No. 2) Act. 
 
 steam factory yards, or in or on any part of the 
 spaces or distances from time to time marked out 
 as ranges for artillery practice for the use of Her 
 Majesty's sjiips at Portsmouth, Devonport, or else- 
 where, whether covered with water or not. 
 Penalty. If ^^^y person acts in contravention of this pro- 
 
 vision he shall be liable, on summary conviction 
 before a justice of the peace, to a penalty not ex- 
 ceeding five pounds, or to be imprisoned for any 
 term not exceeding three months, with or without 
 hard labour. 
 
 Penalties, 17. Notwithstanding anything in any act relat- 
 
 appUed^ ing to. municipal corporations or to the Metro- 
 under orders nolitan Police Force or in any other act, any 
 pecuniary penalty or other money recovered under 
 this act shall be paid or applied as the Admiralty 
 direct. 
 
 18. Nothing in this act shall prevent any person 
 from being indicted under this act or otherwise for 
 any indictable offence made punishable on sum- 
 mary conviction by this act, or prevent any person 
 from being liable under any other act or otherwise 
 to any other or higher penalty or punishment 
 than is provided for any offence by this act, so 
 that no person be punished twice for the same 
 offence. 
 
 Amendment 19. Section forty-flve of "The Greenwich Hos- 
 
 ?8&2*9 Viot Pi^^l ^'^' 1865," shaU be read and have effect as 
 
 C.S9. if this act instead of "The Naval and. Victualling 
 
 Stores Act, 1864," were referred to in that section. 
 
 Amendment 20. The repeal by "The Admiralty Acts 
 
 Vict f lis. Repeal Act, 1865," of sections one, two, four, 
 
 as to repeal flye, and eight of the act of the session of the 
 
 sections'of ninth and tenth years of the reign of King 
 
 9&10WU1.3, -William the Third (chapter forty-one), "for the 
 
 betterpreventingthe imbezzlement of His Majesty's 
 
 stores of wat, and preventing cheats, frauds, and 
 
 abuses in paying seamen's wages," is hereby 
 
 of Admi- 
 ralty. 
 
 Not to pre- 
 vent per- 
 sons being 
 indicted 
 under this 
 act, &c. 
 
31 Vict. cap. 24. 
 
 389 
 
 repealed as far as those sections relate to any 
 stores except naval or victualling stores, or other 
 stores belonging to or under the charge or control 
 of the Admiralty, or to Scotland or Ireland, and to 
 that extent those sections are hereby revived ; but 
 nothing herein contained shall interfere with the 
 operation of any other act of the present session. 
 
 SCHEDULE. 
 Marks appropriated far Her Majesty's use in or on Stores, 
 
 Stores. 
 
 Harks. 
 
 Hempen cordage and wire 
 rope 
 
 Canvas, fearnought, ham- 
 mocks, and seamen's bags 
 
 Buutia 
 
 Candles 
 
 Timber, metal, and other 
 stores not before ennme 
 rated 
 
 White, black, or coloured 
 worsted threads laid up 
 with the yarns and the wire 
 respectively. 
 
 A blue line in a serpentine 
 form. 
 
 A doable tape in the warp 
 
 Blue or red cotton threads in 
 each wick, or wicks of 
 red cotton. 
 
 The broad arrow. 
 
 CAPITAL PUNISHMENT WITHIN PEISONS 
 ACT. 
 
 (31 Vict. cap. 24.) 
 
 An Act to provide for carrying out of Capital 
 Punishment within Prisons. — [29<A May, 1868,] 
 
 Whbbbas it is expedient that capital pvmishments 
 should be carried into effect withon prisons : Be it 
 
390 Capital Punishment within Prisons Act, 
 
 enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords 
 spiritual and temporal, and Commons, in this 
 present Parliament assembled, and by the autho- 
 rity of the same, as foUows : 
 
 Short title. 1- This act may be cited for all purposes as "The 
 Capital Punishment Amendment Act, 1868," 
 
 Judgment of 2. Judgment of death to be executed on any 
 
 executed''^ prisoner sentenced after the passing of this act on 
 
 within walls any indictment or inquisition for murder shall be 
 
 carried into effect within the walls of the prison 
 
 in which the offender is confined at the time of 
 
 execution. 
 
 Sheriff, te. 3. The sheriff charged with the execution, and 
 sent^**™' the gaoler, chaplain, and surgeon of the prison, 
 and such other ofiBcers of the prison as the sheriff 
 requires, shaU be present at the execution. 
 
 Any justice of the peace for the county, borough, 
 or other jurisdiction to which the prison belongs, 
 and such relatives of the prisoner or other persons 
 as it seems to the sheriff or the visiting justices 
 of the prison proper to admit within the prison 
 , for the purpose, may also be present at the 
 
 execution. 
 
 Surgeon to 4, As soon as may be after judgment of death 
 death^ and has been executed on the offender, the surgeon of 
 declaration ^q prison shall examine the body of the offender, 
 byisheriff, and shaU ascertain the fact of death, and shall 
 *^ sign a certificate thereof, and deliver the -same to 
 
 the sheriff. 
 
 The sheriff and the gaoler and chaplain of the 
 prison, and such justices and others persons present 
 (if any) as the sheriff requires or allows, shall also 
 sign a declaration to the effect that judgment 
 of death has been executed on the offender. 
 
 Coroner's 5. The coroner of the jurisdiction to which the 
 body? °" prison belongs wherein judgment of death is 
 
31 Vict. cap.'24:. 391 
 
 executed on any offender shall within twenty-four 
 hours after the execution hold an inquest on the 
 body of the offender, and the jury at the inquest 
 shall inquire into and ascertain the identity of the 
 body, and whether judgment of death was duly 
 executed on the offender ; and the inquisition 
 shall be in duplicate, and one of the originals 
 shall be delivered to the sheriff. 
 
 No officer of the prison or prisoner confined 
 therein shall in any case be a juror on the 
 inquest. 
 
 6. The body of every offender executed shall Burial ot 
 be buried within the walls of the prison within ^° ^' 
 which judgment of death is executed on him; 
 provided that if one of Her Majesty's principal 
 Secretaries of State is satisfied on the represen- 
 tation of the visiting justices of a prison that there 
 
 is not convenient space within the walls thereof 
 for the burial of offenders executed therein, he 
 may, by writing under his hand, appoint some 
 other fit place for that purpose, and the same shall 
 be used accordingly. 
 
 7. One of Her Majesty's principal Secretaries of Power to 
 State shall from time to time make such rules and f^te to"^ "' 
 regulations to be observed on the execution of make rules, 
 judgment of death in every prison as he may from observed on 
 time to time deem expedient for the purpose, as ^xfontion of 
 
 ■,, c J- • i i_ . ^ S judgment ot 
 
 well 01 guarding agamst any abuse m such exe- death, 
 cution as also of giving greater solemnity to the 
 same, and of making known without the prison 
 walls the fact that such execution is taking place. 
 
 8. All such rules and regulations shaU be laid Snch rules 
 upon the tables of both houses of Parliament before Par- 
 within six weeks after the making thereof, or if Uameut. 
 Parliament be not then sitting within fourteen 
 
 days after the next meeting thereof. 
 
 9. If any person knowingly and wilfully signs s^^^/Ze 
 any false certificate or declaration required by this oerafloate. 
 
392 Capital Punishment within Prisons Act, 
 
 act, he shall be gtiilty of a misdemeanor, and on 
 conviction thereof shall be liable, at the dis- 
 cretion of the court, to imprisonment for any 
 term not exceeding two years, with or without 
 hard labour, and with or without solitary con- 
 finement. 
 
 &o' to'lw*' ^^' ^^^^ certificate and declaration and the 
 
 sent to Se- duplicate of the inquisition required by this act 
 
 state^and ^^^^^ ^^ ^^^^ '^^^ ^^ ^^nt with all convenient 
 
 exhibited on speed by the sheriff to one of Her Majesty's 
 
 entrance to principal Secretaries of State, and printed copies 
 
 •prison. of tije same several instruments shall as soon as ; 
 
 possible be exhibited and shall for twenty-four 
 
 hours at least be kept exhibited on or near the 
 
 principal entrance of the prison vrithin which 
 
 judgment of death is executed. 
 
 '''t^d'ti^ 11. The duties and powers by this act imposed 
 and powers on or vested in the sheriff may be performed by 
 &c*x"°' ^'^^ ^^^^ ^® vested in his under-sheriff or other 
 tended. lawful deputy acting in his absence and with his 
 authority, and any other ofiSoer charged in any 
 case with the execution of judgment of death. 
 
 The duties and powers by this act imposed 
 on or vested in the gaoler of the prison may be 
 performed by and shall be vested in the deputy 
 gaoler (if any) acting in his absence and with his 
 authority, and (if there is ho officer of the prison 
 called the gaoler) by the governor, keeper, or 
 other chief officer of the prison and his deputy 
 (if any) acting as aforesaid. 
 
 The duties and powers by this act imposed on 
 or vested in the surgeon may be performed by 
 and shall be vested in the chief medical officer of 
 the prison (if there is no officer of the prison 
 called the surgeon). 
 
 The duties by this act imposed on the chaplain 
 may, in the event of the absence of the chaplain, 
 be performed by the assistant chaplain or other 
 person acting in the place of the chaplain. 
 
31 Vict. cap. U. 393 
 
 12. The forms given in the schedule to this Forma in 
 act, With such variations or additions as circum- 
 stances require, shall be used for the respective 
 purposes in that schedule indicated, and according 
 
 to the directions therein contained. 
 
 13. This act shall apply to Scotland, with the Modwca^ 
 
 modifications foUowmg ; viz., in Scotland 
 
 The expression "judgment of death" shall 
 mean " sentence of death " pronounced by 
 any competent court. 
 
 " Indictment " shall include " criminal letters." 
 
 Any duty appointed to be performed to or by, 
 or any power given to, a sheriff in England, 
 shall in Scotland be performed to or by, or 
 be exercised by, the lord provost, or provost 
 and other magistrates charged with seeing 
 the seniience of death carried into effect, or 
 by any one of their number specially named 
 by the others for that purpose. 
 
 The expression "the visiting justices of the 
 prison " shall in Scotland mean the members 
 of the county prison board, acting under the 
 provisions of the act twenty-third and twenty- 
 fourth Victoria, chapter one hundred and five. 
 
 In lieu of the provision contained in the sixth 
 section hereof, the procurator fiscal of the 
 jurisdiction within which the prison is 
 situated wherein sentence of death is exe- 
 cuted on any offender shall within twenty- 
 four hours after the execution hold a public 
 inquiry before the sheriff or sheriff substitute 
 of the county on the body of the offender, 
 and in particular shall inquire into and ascer- 
 tain the identity of the body, and whether 
 sentence of death was duly executed on the 
 offender ; and the report or deliverance of 
 the sheriff or sheriff substitute shall be in 
 duplicate, and one of the originals shall be . 
 dehvered to the lord provost or provost, or 
 s 3 
 
394 Capital Punishment within Prisons Act. 
 
 magistetes or magistrate, charged with, 
 seeing the sentence of death carried into 
 effect. 
 
 The expression " a misdemeanor " shall mean 
 " a c¥ime and offence." 
 
 The expression "the duplicate of the inquisi- 
 tion " iu the tenth section hereof shall mean 
 "the dupHoate of the report or deliverance of 
 the sheriff or sheriff substitute." 
 
 Application 14. In the application of this act to Ireland 
 irelandk ^^^ expressions " chief secretary to the Lord 
 Lieutenant," and "Board of Superintendence," 
 shall be substituted for the expressions "one of 
 Her Majesty's principal Secretaries of State," and 
 "visiting justices," respectively. 
 
 Saving ^5. The omission to comply with any provision 
 
 clause as to of this act shaU- not make the execution of death 
 execution, illegal in any case where such execution would 
 otherwise have been legal. 
 
 General 16. Except in so far as is hereby otherwise 
 
 saving. provided, judgment of death shall be carried into 
 
 effect in the same manner as if this act had not 
 
 passed. 
 
 THE SCHEDULE. 
 Certificate of Surgeon. 
 
 I, A.B., the surgeon [or as the case may be'] of the [deear^e 
 prison], hereby certify that I this day examined the Dody of 
 CD., on whom judgment of death was this day executed 
 in the Idescriie same prison] ; and that on that examination 
 I found that the said CD. was dead. 
 
 Dated this day of 
 
 (Signed) A.B. 
 
31 ^ 32 Vict. cap. 37. 395 
 
 DechraHon of Sheriff and others. 
 We, the undersigned, hereby declare that judgment of 
 death was this day executed on O.D. in the [_deioribe prison] 
 in our presence- 
 Dated this day of 
 
 (Signed) E.Fy Sheriff of 
 
 L.M., Justice of the Peace for 
 G.H., Gaoler of 
 J.E., Chaplain of 
 
 DOOUMENTAEY EVIDENCE ACT. 
 
 (31 & 32 Vict. cap. 37.) 
 
 An Act to amend the Law relating to Documentary 
 Evidence in certain Cases. — [25tk June, 1868.] 
 
 Wheeeab it is expedient to amend the law relating 
 to evidence : Be it enacted by the Queen's most 
 excellent Majesty, by and with the advice and 
 consent of the Lords spiritual and temporal, and 
 Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 1. This act may be cited for all purposes as shoi-t title. 
 "The Documentary Evidence Act, 1868." 
 
 2. Prima facie evidence of any proclamation. Mode of 
 order, or regulation issued before or after the uhTdocn-^' 
 passing of this act by Her Majesty, or by the ""ents 
 Privy Council, also of any proclamation, order, or 
 regulation issued before or after the passing of 
 
 this act by or under the authority of any such 
 department of the Government or ofiScer as is 
 mentioned in the first column of the schedule 
 hereto, may be given in all courts of justice, and 
 in aU legal proceedings whatsoever, in all or any of 
 the modes hereinafter mentioned ; that is to say : 
 
 (1.) By the production of a copy of the gazette 
 purporting to contain such proolamatioD, 
 order, or regulation. 
 
 (2.) By the production of a copy of such 
 
396 Decumentary Evidence Act, 
 
 proclamation, order, or regulation pur- 
 porting to be printed by tte Government 
 printer, or, wbere the question arises in a 
 court in any British colony or possession, 
 of ' a copy purporting to be printed under 
 the authority" of the legislature of such 
 British colony or possession. 
 (3.) By the production, in the case of any pro- 
 clamation, order, or regulation issued by 
 Her Majesty or by the Privy Council, of a 
 copy or extract purporting to be certified 
 to be true by the clerk of the Privy 
 Council or by any one of the lords or 
 others of the Privy CounoU, and, in the 
 case of any proclamation, order, or regu- 
 lation issued by or under the authority of 
 any of the said departments or oflBcers, by 
 the production of a copy or extract pui-- 
 porting to be certified to be true by the 
 person or persons specified in the second 
 column of the said schedule in connection 
 with such department or ofScer. 
 Any copy or extract made in pursuance of this act 
 may be in print or in writing, or partly in print 
 and partly in writing. 
 
 No proof shall be required of the handwriting 
 or official position of any person certifying, in 
 pursuance of this act, to the truth of any copy of or 
 extract from any proclamation, order, or regulation. 
 
 Act to be in 3. Subject to any law that maybe from time 
 colonies. ^ ^'™9 made by the legislature of any British 
 
 colony or possession, this act shall be in force in 
 
 every ^such colony and possession. 
 
 PnniBhment 4. If any person commits any of the offences 
 orgary. following, that is to say, — 
 
 (1.) Prints any copy of any proclamation, order, 
 or regulation which falsely purports to 
 have been printed by the G-overnment 
 printer, or to be printed under the autho- 
 
31 ^ 32 Vict. cap. 37. 397 
 
 rity of the legislature of any British 
 colony or possession, or tenders in evidence 
 any copy of any proclamation, order, or 
 regulation which falsely purports to have 
 been printed as aforesaid, knowing that 
 the same was not so printed ; or, 
 (2.) Forges or tenders in evidence, knowing the 
 same to have been forged, any certificate 
 by this act authorised to be annexed to a 
 copy of or extract from any proclamation, 
 order, or regulation ; 
 he shall be guilty of felony, and shall on convic- 
 tion be liable to be sentenced to penal servitude 
 for such term as is prescribed by "The Penal 
 Servitude Act, 1864," as the least term to which 
 an offender can be sentenced to penal servitude, 
 or to be imprisoned for any term not exceeding 
 two years, with or without hard labour. 
 
 5. The following words shall in this act have Deflnition of 
 the meaning herein-after assigned to them, unless '*™'^' 
 there is something in the context repugnant to 
 such construction ; (that is to say,) 
 
 " British colony and possession" shall for the "British 
 purposes of this act include the Channel ^^i^l'- 
 Islands, the Isle of Man, and such terri- 
 tories as may for the time being be vested 
 in Her Majesty by virtue of any act of 
 Parliament for the government of India 
 , and aU other Her Majesty's dominions. 
 "Legislature" shall signify any authority ■■Legisia.- 
 other than the Imperial Parliament or *"™" 
 Her Majesty in Council competent to 
 make laws for any colony or possession. 
 "Privy Council" ahaU include Her Majesty in "Privy 
 Council and the lords and others of Her Council." 
 Majesty's Privy Council, or any of them, 
 and any committee of the Privy Council 
 that is not specially named in the schedule 
 hereto. 
 
398 
 
 Documentary Evidence Act. 
 
 " Grovem- 
 
 ment 
 
 printer." 
 
 " Government printer " shall mean and include 
 the printer to Her Majesty and any printer 
 purporting to be the printer authorised to 
 print the statutes, ordinances, acts of 
 state, or other public acts of the legisla- 
 ture of any British colony or possession, 
 or otherwise to be the government printer 
 of such colony or possession. 
 
 " Gazette " shall include the London Gazette, 
 the Edinburgh Gazette, and the Dublin 
 Gazette, or any of such gazettes. 
 
 Act to be 6. The provisions of this act shall be deemed 
 
 to be in addition to, and not in derogation of, any 
 powers of proving documents given by any exist- 
 ing statute or existing at common law. 
 
 " Gazette.'' 
 
 SCHEDULE. 
 
 Column 1. 
 Name ot Department or Officer. 
 
 The CommiBBioners of the 
 Treasury. 
 
 Column 2, 
 Names of Certifying Officers. 
 
 Any Commissioner, Secre- 
 tary, or Assistant Secre- 
 tary of the Treasury. 
 
 The Commissioners for exe- 
 cuting the Office of Lord 
 High Admiral. 
 
 Any of the Commissioners 
 for executing the ofSce of 
 Lord High Admiral or 
 either of the secretaries to 
 the said commissioners. 
 
 Secretaries of State. 
 
 Any Secretary or Under- 
 Secretary of State. 
 
 Committee ot Privy Coun- 
 cil for Trade. 
 
 Any member of the Com- 
 mittee of Privy Council 
 for Trade or any secre- 
 tary or assistant secretary 
 of the said committee. 
 
 The Poor Law Board. 
 
 Any Commissioner of {he 
 Poor Law Board or any 
 secretary or assistant 
 secretary of the said 
 board. 
 
31 ^ 32 Vict. cap. 52. 399 
 
 VAGRANT ACT AMENDMENT ACT. 
 
 (31 & 32 ViOT. CAP. 52.) 
 
 An Act to amend the Act for punishing idle and 
 disorderly Persons, and Rogues and Vagabonds, 
 so far as relates to the Use of Instruments of 
 Gaming.— lim July, 1868.] 
 
 Whereas it is expedient to amend an act passed 
 in tlie flftli year of the reign of his Majesty King 
 George the Fourth, chapter eighty-three, inti- 
 tuled " An Act for the Punishment of idle and 8 Geo. 4, 
 disorderly Persons, and Eogues and Vagabonds, in "■ ^^■ 
 that part of Great Britain called England " : 
 
 Be it enacted by the Queen's most Excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This act may be cited for aU purposes as short title. 
 "The Vagrant Act Amendment Act, 1868." 
 
 2. This act and the recited act shall be construc- 
 construed as one act. '*™ °' '■°* 
 
 3. Every person playing or betting by way Extending 
 of wagering or gaming m any street, road, high- ?oTam™| 
 way, or other open and public place, or in any ^'"^ ■'o'"' 
 place to which the pubUc have or are permitted 
 
 to have access, at or with any table or instrument 
 of gaming, or any coin, card, token, or other 
 article used as an instrument or means of such 
 wagering on gaming at any game or pretended 
 game of chance, shall be deemed a rogue and 
 vagabond within the true intent and meaning of 
 the recited act, and as such may be convicted and 
 punished under the provisions of that act. 
 
400 
 
 31 ^ 32 Vict. cap. 116. 
 
 Commence- 4. This act shall commence and take effect on 
 ■ and after the first day of October one thousand 
 eight hundred and sixty-eight. 
 
 LAEOENY AOT) EMBEZZLEMENT ACT. 
 
 (31 & 32 ViOT. CAP. 116.) 
 
 An Act to amend the Law relating to Larceny and 
 Embezzlement. — [31st July, 1868.] 
 
 Whbeeas it is expedient to provide for the better 
 ■ security of the property of copartnerships and 
 other joint beneficial owners against offences by 
 part owners thereof, and further to amend the 
 law relating to embezzlement : Be it enacted by 
 the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords spiritual and 
 temporal, and Commons, in this present Parliar 
 ment assembled, and by the authority of the same, 
 as follows : 
 
 1. If any person, being a member of any co- 
 partnership, or being one of two or more beneficial 
 owners of any money, goods, or effects, bills, 
 notes, securities, or other property, shall steal or 
 embezzle any such money, goods, or effects, bills, 
 notes, securities, or other property of or belonging 
 to any such copartnership or to such joint benefi- 
 cial owners, every such person shall be liable to 
 be dealt with, tried, convicted, and punished for 
 the same as if such person had not been or was 
 not a member of such copartnership or one of such 
 beneficial owners. 
 
 ProviBions 2. AH the provisions of the act passed in the 
 Vict * 126 session of Parliament held in the eighteenth and 
 extended to nineteenth years of Her present Majesty's reign, 
 ment by*" intituled " An Act for diminishing Expense and 
 
 Member of 
 copartner- 
 ship guilty 
 of convert- 
 ing to Ms 
 own nse, &c, 
 property of 
 co-partner- 
 ship liable 
 to be tried 
 as if not 
 such mem- 
 ber. 
 
32 ^ 33 Vict. cap. 62; 401 
 
 Delay in the Administration of Oriminal Justice clerks or 
 in certain Oases," shall extend and be applicable 
 to the ofPence of embezzlement by clerks or ser- 
 vants, or persons employed for the purpose or in 
 the capacity of clerks or servants, and the said act 
 shall henceforth be read as if the said offeno,e of 
 embezzlement had been included therein. 
 
 3. This act shall not extend to Scotland. ^f "*'" 
 
 ABOLITION OF IMPRISONMENT FOR 
 DEBT ACT. 
 
 (32 & 33 ViOT. CAP. 62.) 
 
 An Act for the Abolition of Imprisonment for 
 Debt, for the Punishment of fraudulent Debtors, 
 and for other Purposes.— [9tk August, 1869.] 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same as follows : 
 
 Preliminary. 
 
 1. This act may be cited for all purposes as short title 
 " The Debtors Act, 1869." 
 
 2. This act shall not extend to Scotland or Extent of 
 Ireland. act 
 
 3. This act shall not come into operation until commeme- 
 the day on which "The Bankruptcy Act, 1869 " m™'™d 
 comes into operation, which day is hereinafter T^"""" 
 referred to as the commencement of this act, and 
 
 words and expressions defined or explained in 
 "The Bankruptcy Act, 1869," shall have the 
 same meaning in this act. 
 
exceptions. 
 
 402 Abolition of Imprisonment Jor Debt Act. 
 
 Paet I. Abolition of Imprisonment for Debt^ 
 Abolition of 4. With the exceptions hereinafter mentioned, 
 men? for" ^° person shall, after the comnaencement of this 
 debt, with act, be«,rrested or imprisoned for making default 
 m pajfment or a smn of money. 
 
 There shall be excepted from the operation of 
 the above enactment : 
 
 1. Default in pa3rm6nt of a penalty, or sum in 
 the nature of a penalty, other than a 
 penalty in respect of any contract : 
 
 2. Default in payment of amy sum recoverable 
 summarily before a justice or justices of 
 the peace : 
 
 3. Default by a trustee or person acting in a 
 fiduciary capacity and ordered to pay by a 
 court of equity any sum in his possession 
 or under his control : 
 
 4. Default by an attorney or solicitor in pay- 
 ment of costs when ordered to pay costs 
 for misconduct as such, or in pajmient of 
 a sum of money when ordered to pay the 
 same in his character of an officer of the 
 court making the order : 
 
 5. Default in payment for the benefit of 
 creditors of any ' portion of a salary or 
 other income in respect of the payment of 
 which any court having jurisdiction in 
 bankruptcy is authorised to make an order : 
 
 6. Default in payment of sums in respect of 
 the pa3rment of which orders are in this 
 act authorised to be made ; 
 
 Provided, first, that no person shall be imprisoned 
 in any case excepted from the operation of this 
 section for a longer period than one year ; and, 
 secondly, that nothing in this section shall alter 
 the effect of any judgment or order of any court 
 for pajrment of money, except as regards the arrest 
 and imprisonment of the person making default 
 in pa3dng such money. 
 
32 4- 33 Viet. cap. 62. 403 
 
 5. Subject to the provisions hereinafter men- Saving of 
 tioned, and to the prescribed rules, any court may committal 
 commit to prison for a term not exceeding sis J'/,,™*" 
 weeks, or until payment of the sum due, any per- 
 son who makes default in payment of any debt or 
 instalment of any debt due from him in pursuance 
 of a&y order or judgment of that or any other 
 competent court. 
 
 Provided — (1.) That the jurisdiction by this 
 section given of committing a person to prison 
 shall, in the case of any court other than the 
 superior courts of law and equity, be exercised 
 only subject to the following restrictions ; that is 
 to say, 
 
 (a.) Be exercised only by a judge or his deputy, 
 
 and by an order made in open court and 
 
 showing on its face the ground on which 
 
 it is issued : 
 (5.) Be exercised only as respects a judgment of 
 
 a superior court of law or equity when 
 
 such judgment does not exceed fifty 
 
 pounds, exclusive of costs : 
 (c.) Be exercised only as respects a judgment 
 
 of a county court by a county court judge 
 
 or his deputy. 
 (2.) That such jurisdiction shaU only be exer- 
 cised where it is proved to the satisfaction of the 
 court that the person making default either has 
 or has had since the date of the order or judg- 
 ment the means to pay the sum in respect of 
 which he has made default, and has refused or 
 neglected, or refuses or neglects, to pay the same. 
 ' Proof of the means of the person making de- 
 fault may be given in such manner as the court 
 thinks just ; and for the purposes of such proof 
 the debtor and any witnesses may be summoned 
 and examined on oath, according to the prescribed 
 rules. 
 
 Any jurisdiction by this section given to the 
 superior courts may be exercised by a judge sitting 
 
404 Abolition of Imprisonment for Debt Act, 
 
 in chambers, or otherwise, in the prescribed 
 manner. 
 
 For the purposes of this section any court may 
 direct any debt due from any person in pursuance 
 of any order or judgment of that or any other 
 competent court to be paid by instalments, and 
 may from time to time rescind or vary such order : 
 
 Persons committed under this section by a 
 superior court may be committed to the prison in 
 which they would have been confined if arrested 
 on a writ of capias ad satisfaciendum, and every 
 order of committal by any superior court shall, 
 subject to the prescribed rules, be issued, obeyed, 
 and executed in the like manner as such writ. 
 
 This section, so far as it relates to any county 
 court, shall be deemed to be substituted for sec- 
 tions ninety-eight and ninety-nine of the " County 
 Court Act, 1846," and that act and the acts 
 amending the same shall be construed accordingly, 
 and shall extend to orders made by the county 
 court with respect to sums due in pursuance , of 
 any order or judgment of any court other than a 
 county court. 
 
 No imprisonment under this section shall 
 operate as a satisfaction or extinguishment of any 
 debt or demand or cause of action, or deprive any 
 person of any right to take out execution against 
 the lands, goods, or chattels of the person im- 
 prisoned, in the same manner as if such imprison- 
 ment had not taken place. 
 
 Any person iniprisoned under this section shall 
 be discharged out of custody upon a certificate 
 signed in the prescribed manner to the effect that 
 he has satisfied the debt or instalment of a debt 
 in respect of which he was imprisoned, together 
 with the prescribed costs (if any). 
 
 Powerunder 6. After the commencement of this act a per- 
 cumSancea ^°° ^^^^ ^°^ ^® arrested upon mesne process in any 
 
 to arrest action. 
 
32 ^ 33 Vict. cap. 62. 405 
 
 Where tlie plaintiff in any action in any of defendant 
 Her Majesty's superior courts of law at West- En°gTandT" 
 minster, in which, if brought before the com- 
 mencement of this act, the defendant would have 
 been liable to arrest, proves at any time before 
 final judgment by evidence on oath, to the 
 satisfaction of a judge of one of those courts, that 
 the plaintiff has good cause of action against the 
 defendant to the amount of fifty pounds or up- 
 wards, and that there is probable cause for 
 believing that the defendant is about to quit 
 England unless he be apprehended, and the 
 absence of the defendant from England will 
 materially prejudice the plaintiff in the prose- 
 cution of his action, such judge may in the 
 prescribed manner order such defendant to be 
 arrested and imprisoned -for a period not exceed- 
 ing six months, unless and. until he has sooner 
 given the prescribed security, not exceeding the 
 amount claimed in the action that he will not go 
 out of England without the leave of the court. 
 
 Where the action is for a penalty or sum in the 
 nature of a penalty, other than a penalty in re- 
 spect of any contract, it shaU not be necessary to 
 prove that the absence of the defendant from 
 England wiU materially prejudice the plaintiff in 
 the prosecution of his action, and the security 
 given (instead of being that the defendant will 
 not go out of England) shall be to the effect that 
 any sum recovered against the defendant in the 
 action shall be paid, or that the defendant shall 
 be rendered to prison. 
 
 7. Where any person is, at the commencement Discharge 
 of this act, in custody in pursuance of a writ, Si raBtody 
 attachment, or other process in any case in which "' "'^ ''°^- 
 he would not be liable to be arrested or im- of this act, 
 prisoned after the commencement of this act, such 
 person shall, at the commencement of this act, 
 be discharged from such custody without payment 
 
406 Abolition of Imprisonment for Debt Act, 
 
 of any fees, but Ms arrest, imprisonment, or dis- 
 charge shall not affect the creditor's rights or 
 remedies for enforcing the payment of any money 
 due to him, or deprive the creditor of the benefit 
 of any charge or security on any property of the 
 debtor. 
 
 Where at the commencement of this act special 
 bail has been given in any action the defendant 
 in which after the commencement of this act 
 cannot be imprisoned on making default in satis- 
 fjdng the judgment recovered against him in such 
 action, the condition of such bail, instead of being 
 that the judgment shall be satisfied or the de- 
 fendant rendered to prison, shall be deemed to be 
 that the defendant shall not go out of England 
 without leave of the court. 
 
 Saving for 8. Sequestration against the property of a 
 sequestra^ debtor mav, after the commencement of this 
 
 Ooaaga,mst ,,.•',, , j. -j. ■ x-u 
 
 property, act, be issued by any court oi equity m the same 
 manner as if such debtor had been actually 
 arrested. 
 Saving for 9. Nothing in this part of this act shall in any 
 acMSm!"'' ■^^y ^®°* ™y "g^* °' power, under " The Bank- 
 ruptcy Act, 1869," to arrest or imprison any 
 person. 
 Definition 10. In this part of this act the term "prescribed " 
 soriS'" means as follows : — 
 
 As respects the superior courts of common law, 
 prescribed by general rules to be made in 
 pursuance of " The Common Law Procedure 
 Act, 1852 ;" 
 As' respects the superior courts of equity, pre- 
 scribed by general rule's and orders to be 
 made in pursuance of the act of the session 
 of the fifteenth and sixteenth years of the 
 reign of Her present Majesty, chapter eighty ; 
 As respects the county courts, prescribed by 
 general rules to be made under " The County 
 Court Act, 1856 ;" and 
 
32 ^ 33 Vict. cap. 62. 407 
 
 As respects any other court, prescribed by the 
 rules to be made, with the approval of the 
 Lord Chancellor, by the persons having 
 power to make rules in relation to the 
 practice of such court ; or if there be no 
 such persons,' by the judge of such court : 
 
 And general rules and orders may respectively 
 be made by such authorities as aforesaid, for 
 the purpose of carrying into effect this part 
 of this act. 
 
 Paet n. Punishment of Fraudulent Debtors. 
 
 11. Any person adjudged bankrupt, and any punishment 
 person whose affairs are liquidated by arrange- °Jnt''ae^"org 
 ment in pursuance of " The Bankruptcy Act, 
 1869," shall, in each of the cases following, be 
 deemed guilty of a misdemeanor, and on con- 
 viction thereof shall be liable to be impriaoned 
 for any time not exceeding two years, with or 
 without hard labour ; that is to say, 
 
 1. If he does not, to the best of his knowledge 
 
 and beUef, fully and truly discover to the 
 trustee administering his estate for the 
 benefit of his creditors all his property, 
 real and personal, and how, and to whom, 
 and for what consideration, and when he 
 disposed of any part thereof, except such 
 part as hats been disposed of in the or- 
 dinary way of his trade (if any), or laid 
 out in the ordinary expense of his famUy, 
 unless the jury is satisfied that he had no 
 intent to defraud : 
 
 2. If he does not deliver up to such trustee, or 
 
 as he directs, all such part of his real and 
 personal property as is in his custody or 
 under his control, and which he is re- 
 quired by law to deliver up, unless the 
 jury is satisfied that he had no intent to 
 defraud : 
 
408 Abolition of Imprisonment for Debt Act, 
 
 ■ 3. If lie does not deliver up to such trustee, or 
 as lie directs, all books, documents, papers, 
 and writings in Ms custody or under his 
 contM relating to liis property or affairs, 
 unless the jury is satisfied that he had no 
 intent to defraud : 
 
 4. If after the presentation of a bankruptcy 
 
 petition against him or the commence- 
 ment of the liquidation, or within four 
 months next before such presentation or 
 commencement, he conceals any part of 
 his property to the value of ten pounds or 
 upwards, or conceals any debt due to or 
 from him, unless the jury is satisfied that 
 he had no intent to defraud : 
 
 5. If after the presentation of a bankruptcy 
 
 petition against him or the commencement 
 of the liquidation, or within four months 
 next before such presentation or commence- 
 ment, he fraudulently removes any part 
 of his property of the value of ten pounds 
 or upwards : 
 
 6. If he makes any material omission in any 
 
 statement relating to his affairs, unless the 
 jury is satisfied that he had no intent to 
 defraud : 
 
 7. If, "knowing or believing that a false debt 
 
 has been proved by any person under the 
 bankruptcy or liquidation, he fail for the 
 period of a month to inform such trustee 
 as aforesaid thereof : 
 
 8. If after the presentation of a bankruptcy 
 
 petition against him or the commencement 
 of the liquidation he prevents the pro- 
 duction of any book, document, paper, or 
 writing affecting or relating to his property 
 or affairs, unless the jury is satisfied that 
 he had no intent to conceal the state of his 
 affairs or to defeat the law : 
 
 9. If after the presentation of a bankruptcy 
 
32 ^ 33 Vict. cap. 62. 409 
 
 petition against him or the commencement 
 of the liquidation, or within four months 
 next before such presentation or commence- 
 ment, he conceals, destroys, mutilates, or 
 falsifies, or is privy to the concealment, 
 destruction, mutilation, or falsification of 
 any book or document affecting or re- 
 lating to his property or affairs, unless 
 the jury is satisfied that he had no intent 
 to conceal the state of his affairs or to 
 defeat the law : 
 
 10. If after the presentation of a bankruptcy 
 petition against bim or the commencement 
 of the liquidation, or within four months 
 next before such presentation or commence- 
 ment, he makes or is privy to the making 
 of any false entry in any book or docu- 
 ment affecting or relating to his property 
 or affairs, unless the jury is satisfied that 
 he had no intent to conceal the state of 
 his affairs or to defeat the law : 
 
 11. If after the presentation of a bankruptcy 
 petition against him or the commencement 
 of the liquidation, or vrithin four months 
 next before such presentation or commence- 
 ment, he fraudulently parts vnth, alters, 
 or makes any omission, or is privy to the 
 fraudulently parting with, altering, or 
 making any omission in any document 
 affecting or relating to his property or 
 affairs : 
 
 12. If after the presentation of a bankruptcy 
 petition against him or the commence- 
 ment of the hquidation, or at any meeting 
 of his creditors within four months next 
 before such presentation or commence- 
 ment he attempts to account for any part 
 of his property by fictitious losses or 
 expenses : 
 
 13. If within four months next before the 
 
410 Imprisonment for Belt Act, 
 
 presentation of a bankruptcypetition against 
 him or tlie commencement of the liquida- 
 tion, he, by any false representation or 
 other fraud, has obtained any property on 
 credit and has not paid for the same : 
 
 14. If within four months next before the pre- 
 
 sentation of a bankruptcy petition against 
 him or the commencement of the liquida- 
 tion, he, being a trader,- obtains, under the 
 false pretence of carrying on business and 
 dealing in the ordinary way of his trade, 
 any property on credit and has not paid 
 for the same, unless the jxiry is satisfied 
 that he had no intent to defraud : 
 
 15. If within four months next before the pre- 
 
 sentation of a bankruptcy petition against 
 him or the commencement of the liquida- 
 tion, he, being a trader, pawns, pledges, or 
 disposes of otherwise than in the ordinary 
 way of his trade any property which he 
 has obtained on credit and has not paid 
 for, unless the jiiry is satisfied that he had 
 no intent to defraud :(') 
 
 (1) Debtors Act, 32 ^ 33 Vict. c. 62, s. 11, sub-sect. 15.— A 
 grocer obtained goods of his trade upon credit. Soon after 
 receiving them, and before they were paid for, he executed 
 a bill of sale in favour of his sister, who lived with him. 
 This bill of sale, which was given in consideration of a 
 debt owing from him to his sister, passed away all his 
 stock-in-trade and effects whatsoever, including the above- 
 mentioned \inpaid-for goods. Having been made a bank- 
 rupt, he was indicted for a misdemeanor under the 11th 
 section, of the 32 & 33 Vict. c. 62 (" The Debtors Act, 
 1869"). Held, that the production of the adjudication 
 under the seal of the court was sufficient evidence of the 
 bankruptcy. That disposing of the goods by bill of sale 
 was not disposing of them in the " ordinary way of trade," 
 and therefore, that as property^ obtained on credit, and not 
 paid for, had passed by the bill of sale, he came within 
 the section, unless he had no intention to defraud; but 
 that assigning the whole of his property to one creditor, 
 reserving nothing for the others, showed an intent to 
 defraud. Held, also, that where the prosecution of a bank- 
 rupt under " The Debtors Act, 1869," is not ordered by 
 
32 ^ 33 Vict. cap. 62. 411 
 
 16. If lie is guilty of any false representation 
 or otter fraud for the purpose of obtaining 
 the consent of his creditors or any of them 
 to any agreement with reference to his 
 affairs or his bankruptcy or liquidation. 
 
 12. If any person who is adjudged a bankrupt Penalty for 
 or has his affairs liquidated by arrangement after ^^£°p,!^°^ 
 the presentation of a bankruptcy petition against perty. 
 him or the commencement of the liquidation, or 
 
 within four months before such presentation or 
 commencement, quits England and takes with 
 him, or attempts or makes preparation for quitting 
 England and for taking with him, any part of his 
 property to the amount of twenty pounds or up- 
 wards, which ought by law to be divided amongst 
 his creditors, he shall (unless the jury is satisfied 
 that he had no intent to defraud) be guilty of 
 felony, punishable with imprisonment for a time 
 not exceeding two years, with or without hard 
 labour. 
 
 13. Any person shall in each of the cases fol- Penally on 
 lowing be deemed guilty of a misdemeanor, and obteining"'' 
 on conviction thereof . shall be liable to be im- credit, &o. 
 prisoned for any term not exceeding one year, 
 
 with or without hard labour ; that is to say, 
 (1.) If in incurring any debt or liability he has 
 obtained credit under false pretences, or 
 by means of any other fraud : 
 (2.) If he has with intent to defraud his credi- 
 tors, or any of them, made or caused to be 
 made any gift, delivery, or transfer of or 
 any charge on his property : 
 (3.) If he has, with intent to defraud his credi- 
 tors, concealed or removed any part of his 
 property since or within two months before 
 
 any court, the judge at the trial has no power to allow 
 the costs of the prosecution : (Reg. v. Thomas, 22 L. T. Eep. 
 
 T 2 
 
412 
 
 Imprisonment for Dibt Act, 
 
 False claim, 
 &c. a mis- 
 demeanor. 
 
 Debts in- 
 curred by 
 fraud. 
 
 the date of any unsatisfied judgment or 
 order for payment of money obtained 
 against tim. 
 
 14. If any creditor in any bankruptcy or 
 liquidation by arrangement or composition with 
 creditors in pursuance of " The Bankruptcy Act, 
 1869," wilfully and with intent to defraud makes 
 any false claim, or any proof, declaration, or 
 statement of account which is untrue in any 
 material particular, he shall be guilty of a misde- 
 meanor, punishable with imprisonment not ex- 
 ceeding one year, with or without hard labour. 
 
 15. Where a debtor makes any arrangement or 
 composition with his creditors under the pro- 
 visions of " The Bankruptcy Act, 1869," he shall 
 remain liable for the unpaid balance of any debt 
 which he incurred or increased, or whereof before 
 the date of the arrangement or composition he 
 obtained forbearance, by any fraud, provided 
 the defrauded creditor has not assented to the 
 arrangement or composition otherwise than by 
 proving his debt and accepting dividends. 
 
 1 6. Where a trustee in any bankruptcy reports 
 to any court exercising jurisdiction in bankruptcy 
 
 on report of that in his opinion a bankrupt has been guilty 
 of any offence under this act, or where the court 
 is satisfied upon the representation of any creditor 
 or member of the committee of inspection that 
 there is ground to believe that the bankrupt has 
 been guilty of any offence under this act, the 
 court shall, if it appears to the court that there 
 is a reasonable probability that the bankrupt may 
 be convicted, order the trustee to prosecute the 
 bankrupt for such offence. 
 
 Expenses of 17. Where the prosecution of the bankrupt 
 
 prosecutions ^^^gj. ^^j^^ ^i^ jg ordered by any court, then, on 
 
 the production of the order of the court, the 
 
 expenses of the prosecution shall be allowed, paid. 
 
 Order by 
 court for 
 prosecution 
 
32 ^ 33 Vict. cap. 62. 413 
 
 and borne as expenses of prosecutions for felony 
 are allowed, paid, and borne. 
 
 18. Every misdemeanor tmder tbe second part Application 
 of tiis act shall be deemed to be an offence J^J^SS 
 within and subject to the provisions of the act of Act to of- 
 the session of the twenty-second and twenty-third this act. 
 years of the reign of Her present Majesty, chapter 
 seventeen, intituled " An Act to prevent vexatious 
 Indictments for certain Misdemeanors ; " and when 
 
 any person is charged with any such offence before 
 any justice or justices, such justice or justices 
 shall take into consideration any evidence adduced 
 before him or them tending to show that the act 
 charged was not committed with a guilty intent. 
 
 19. In an indictment for an offence under this Form of 
 act it shall be sufficient to set forth the substance ™ <='°'™'- 
 of the offence charged, in the words of this act 
 specifying the offence or as near thereto as cir- 
 cumstances admit, without alleging or setting 
 
 forth any debt, act of bankruptcy, trading adjudi- 
 cation, or any proceedings in, or order, warrant, 
 or document of any court acting under the Bank- 
 ruptcy Act, 1869. 
 
 20. So much of the act of the session of the Quarter 
 fifth and sixth years of Her Majesty's . reign have^^ris"- 
 (chapter thirty-eight), " to define the jurisdiction diction in 
 of justices in general and quarter sessions of the otfenMs" 
 peace," as excludes from the jurisdiction of""*®'""'- 
 justices and recorders at sessions of the peace or 
 adjournments thereof the trial of persons for 
 offences against any provision of the laws relating 
 
 to bankrupts, is hereby repealed as from the 
 passing of this act ; and any offence under this 
 act shall be deemed to be within the jurisdiction 
 of such justices and recorders. 
 
 21. The provisions of the act of the session of Mayors, &c 
 the fifth and sixth years of William the Fourth, by arrange- 
 chapter seventy-six, for the regulation of muni- ""^ts. 
 
414 
 
 Imprisonment for Debt Act, 
 
 cipal corporations, sections fifty-two and fifty- 
 three, as to tlie disqualification of mayors, alder- 
 men, and town councillors having been declared 
 bankrupt or having compoxinded by deed with 
 their creditors, shall extend to every arrangement 
 or composition by a mayor, alderman, or town 
 ' councillor with his creditors under the Bankruptcy 
 
 Act, 1869, whether the same is made by deed or 
 otherwise. 
 
 Justices o£ 22. If any person being assigned by Her 
 
 toeominl Majesty's commission to act as a justice of the 
 
 bankrupt peace is adjudged bankrupt, or makes any 
 
 wiui™re?"'^ arrangement or composition with his creditors 
 
 ditors. under the Bankruptcy Act, 1869, he shall be and 
 
 remain incapable of acting as a justice of the 
 
 peace uatU he has been newly assigned by Her 
 
 Majesty in that behaK. 
 
 Punish- 23. Where any person is liable under any other 
 
 thfs°act ou-"^ '•'"^ °^ Parliament or at common law to any 
 mulative. punishment or penalty for any offence made 
 punishable by this act, such person may be pro- 
 ceeded against under such other act of Parliament 
 or at common law or under this act, so that he 
 be not pmiished twice for the same offence. 
 
 Paet III. Warrants of Attorney, Cognovits, and 
 Orders for Judgment. 
 
 Wan-ants of 24. After the commencement of this act, a 
 attorney and -vyarrant of attorney to confess judgment in any 
 
 cognovit i i- . . ° . , -^ 
 
 actionem to personal action or cognovit actionem given by any 
 person shall not be of any force unless there is 
 present some attorney of one of the superior 
 courts on behalf of such person erpressly named 
 by him and attending at his request to inform 
 him of the nature and effect of such warrant or 
 cognovit before the same is executed, which 
 attorney shall subscribe his name as a witness to 
 the due execution thereof, and thereby declare 
 
 be executed 
 in the pre- 
 sence of an 
 attorney on 
 behalf of 
 the person. 
 
32 ^ 33 Vict. cap. 62. 415 
 
 himself to be attorney for the person executing 
 the same, and state that he subscribes as such 
 attorney. • 
 
 25. A warrant of attorney to confess judgment Warrant, &o. 
 or cognovit actionem not executed in manner afore- eMoSted"' ^ 
 said shall not be rendered vaUd by proof that the invalid, 
 person executing the same did in fact under- 
 stand the nature and effect thereof, or was fully 
 informed of the same. 
 
 26. Where in an action a warrant of attorney Filing ot 
 
 to confess judgment or a cognovit actionem is *ttorney and 
 given, and the same, or a true copy thereof, is not cognovit 
 filed with the officer acting as clerk of the '"""""^ 
 docquets and judgments in the Court of Queen's 
 Bench within twenty-one days next after the exe- 
 cution thereof as required by the act of the third 
 year of the reign of Eing George the Fourth 
 (chapter thirty-nine), " for preventing frauds upon 
 creditors by secret warrants of attorney to con- 
 fess judgment," the same shall be deemed fradu- 
 lent and shall be void ; and if any such warrant of 
 attorney or cognovit actionem so filed was given 
 subject to any defeasance or condition, such de- 
 feasance or condition shall be written on the same 
 . paper or parchment with the warrant or cognovit 
 before the filing thereof, otherwise the warrant or 
 cognovit shall be void. 
 
 27. Where a judge's order made by consent is Filing ot 
 given by a defendant in a personal action whereby ordf ? to 
 the plaintiff is authorised forthwith or at any ff'^r up 
 future time to sign or enter up judgment, or to '" ^""^ ' 
 issue or to take out execution, whether such order 
 
 is made subject to any defeasance or condition or 
 not, then if the action is in the Court of Queen's 
 Eench the order, and if the action is in any other 
 court a true copy of the order, shall, together 
 with an affidavit of the time of such consent 
 being given, and a description of the residence 
 and occupation of the defendant, be filed with the 
 
416 Evidence Further Amendment Act, 
 
 ofiBoer acting as clerk of the docquets and judg- 
 ments in the Court of Queen's Bench within 
 twenty-one days after the fiiaking of the order, 
 otherwise the order and any judgment signed or 
 entered up thereon, and any execution, issued or 
 taken out on such judgment, shall be void. 
 
 Application " 28. The provisions of the said act of the third 
 o'ls^^and*' y®^' °^ ^™S George the Fourth, and of the act 
 6 & 7 Vict, of the session of the sixth and seventh years of 
 judge's -Ss' Majesty's reign (chapter sixty-six), " to en- 
 orders, laige the provisions of an act for preventing 
 frauds upon creditors by secret warrants of 
 attorney to confess judgment," for liberty to file a 
 warrant of attorney or cognovit actionem, or a 
 copy thereof, with the clerk of the docquets and 
 judgments, and for that clerk to make certain 
 entries and search in relation thereto, and for en- 
 tering satisfaction thereon, and for fees for search, 
 and filing and taking office copies, shall extend 
 and be applicable to every such judge's order. 
 
 Exemption 29. Nothing in this act contained shall affect 
 forSgn°a°' *^® custom of foreign attachment as exercised by 
 tachment. any competent court, or the proceedings in rela- 
 tion to such custom. 
 
 EVIDENCE FURTHER AMENDMENT ACT. 
 (32 & 33 Vict. cap. 68.) 
 
 An Act for the further Amendment of the Law of 
 Evidence. — \%th August, 1869.] 
 
 Wheeeas the discovery of truth in courts of 
 justice has been signally promoted by the removal 
 of restrictions on the admissibility of witnesses, and 
 it is expedient to amend the law of evidence with 
 the object of still further promoting such dis- 
 covery : 
 
32 ^ 33 Vict. cap. 68. 417 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. The fourth section of chapter ninety-nine Sect 4 of 
 
 of the statutes passed in the fourteenth and J\f ind""" 
 fifteenth years of Her present Majesty, and so P»rt o' 
 much of the second section of the " Evidence le & n Viot 
 Amendment Act,' 1853," as is contained in the J^p'^j^ij^ 
 words " or in any proceeding instituted in con- 
 sequence of adultery," are hereby repealed. 
 
 2. The parties to any action for breach of Parties ia 
 promise of marriage shall be competent to give breSf of' 
 evidence in such action : provided always, that no promise of 
 plaintifif in any action for breach of promise of 
 marriage shall recover a verdict unless his or her 
 testimony shall be corroborated by some other 
 material evidence in support of such promise. 
 
 3. The parties to any proceeding instituted in Parties and 
 consequence of adultery, and the husbands and bands and 
 wives of such parties, shall be competent to rive ''i™^ ^ ^^ 
 evidence in such proceeding : provided that no in suits for 
 witness in any proceeding, whether a party to the *'5""®'7- 
 suit or not, shall be liable to be asked or bound to 
 
 answer any question tending to show that he or 
 she has been guilty of adultery, unless such wit- 
 ness shall have already given evidence in the 
 same proceeding in disproof of his or her alleged 
 adultery. 
 
 4. If any person called togive evidence in any Persons 
 court of justice, whether in a civil or criminal toii|°oSb'" 
 proceeding, shall object to take an oath, or shall ""ay be 
 
 be objected to as incompetent to take an oath, make deela- 
 such person shall, if the presiding judge is satisfied be'triabl*"* 
 that the taking of an oath would have no bind- for perjury, 
 ing efFeot on his conscience, make the following 
 promise and declaration : 
 T 3 
 
418 
 
 Habitual Criminals Act, 
 
 Extent of 
 act. 
 
 "I solemnly promise and declare that tlie evi- 
 dence given by me to the court shall be 
 the truth, the whole truth, and nothing 
 but the truth." 
 And any person who, having made such promise 
 and declaration, shall wilfully and corruptly give 
 false evidence, shall be liable to be indicted, tried, 
 and convicted for perjury as if he had taken an 
 oath. 
 
 5. This act may be cited for all purposes as the 
 ■'Evidence Further Amendment Act, 1869." 
 
 6. This act shall not extend to Scotland. 
 
 HABITUAL CRIMINALS ACT. 
 
 (»2 & 33 Vict, cap. 99.) 
 
 An Act for the more effectual Prevention of Crime. 
 \_^th August, 1869.] 
 
 Whereas it is expedient to make further provision 
 for the suppression of crimes committed by con- 
 victs at large on licence or by other offenders : 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parhament assembled, and by the 
 authority of the same, as follows : 
 
 Preliminary. 
 
 Short title, 1. This act may be cited as "The Habitual 
 Criminals Act, 1869." 
 
 Definition of ^. In this act the term " court " includes any 
 lerms. justice or justices of the peace or other person or 
 persons having jurisdiction in the matter to which 
 the tenn refers. "Chief oflScer of police" shall 
 mean within the district of the London metro- 
 politan police force the eomiaissioner of police, or 
 
32 ^ 3S rid. cap. 99. 419 
 
 ail assistant commissioner, or a district superin- 
 tendent ; in the city of London the commissioner 
 of police ; within the police district of Dublin 
 metropolis any one of the commissioners of 
 police for the said district ; and elsewhere shall 
 include any of the following persons, — in England, 
 any chief constable, head constable, or other chief 
 officer of police or of a division of police, by what- 
 ever name such chief officer may be called ; the 
 expression "stipendiary magistrate " shall include 
 a metropolitan police magistrate ; and in Ireland, 
 any inspector, sub-inspector, head or other con" 
 stable of the Eoyal Irish Constabulary acting as 
 chief officer of constabulary within any district or 
 town. Where in any of the provisions of this 
 act the expression " stipendiary magistrate " is 
 used, such provisions shall be interpreted in 
 Scotland as if the expression " sheriff or sheriff 
 substitute " had been used. 
 
 Paet I. Convicts at large on Licence. 
 
 3. Any constable or police officer, may, if Power to 
 authorised so to do in writing by a chief officer of Sers^of 
 police, without warrant, take into custody any licence on 
 convict who is the holder of a licence granted ^"^P'"'™- 
 under the Penal Servitude Acts, 1853, 1857, 
 and 1864, or any of them, and whom he has 
 reason to believe to be getting a livelihood by dis- 
 honest means, and may bring him before two 
 or more justices of the peace or a stipendiary 
 magistrate. 
 
 If it shall appear from the facts proved before 
 such justices or magistrate that there are reason- 
 able grounds for such belief, his licence shall be 
 forfeited in the same manner as if he had been 
 convicted of an indictable offence, and the justices 
 or magistrate before whom he is brought shall 
 commit him to any prison within their or his 
 jurisdiction, ^here to remain until he can con« 
 veniently be removed to some prison in which 
 
420 Habitual Criminalt Act, 
 
 convicts under sentence of penal servitude maj' 
 lawfully be confined, in order that he may there 
 undergo the term of penal servitude to which he 
 is liable under the said Penal Servitude Acts or 
 some of them. 
 
 Penalty for 4. Where in any licence granted under the 
 conditions of said Penal Servitude Acts, or any of them, any 
 licence. conditions different from or in addition to those 
 contained in schedule A. of " The Penal Servitude 
 Act, 1864," are inserted, the holder' of such 
 licence shall, on a breach of such conditions, be 
 deemed guilty of an offence, in the same manner 
 as if such conditions were contained in the said 
 schedule A. 
 
 There shall be repealed so much of the fourth 
 section of "The Penal Servitude Act, 1864," as 
 requires the holder of a licence to report himself 
 personally once in each month. 
 
 A copy of any conditions annexed to any 
 licence granted under the Penal Servitude Acts, 
 other than the conditions contained in schedule A. 
 of " The Penal Servitude Act, 1864," shall be 
 laid before Parliament within twenty-one days 
 after the making thereof, if Parliament be then 
 sitting, or if not, then within fourteen days after 
 the commencement of the next session of Parlia- 
 ment. 
 
 Paet n. Registration of Criminals. 
 Eegister of 5. For the better supervision of criminals a 
 register oi all persons convicted of crime in 
 England shall be kept in London, under the 
 management of the commissioner of police for the 
 metropolis, or of such other person as one of 
 Her Majesty's principal Secretaries of State may 
 appoint, and in Dublin a like register shall be 
 kept, under the management of the commissioners 
 of police for the police district of Dublin metro- 
 polis, or of such other person as the Lord 
 Lieutenant or other chief governor or governors of 
 
 ci'iminals. 
 
32 ^ 83 Vict. cap. 99. 421 
 
 Ireland may appoint, in such form, with such 
 evidences of identity, and containing such par- 
 ticulars, and subject to such regulations as may 
 from time to time be prescribed by one of Her 
 Majesty's principal Secretaries of State in England, 
 or in Ireland by the Lord Lieutenant. AU expenses 
 incurred with the sanction of the Oommissioners 
 of the Treasury in keeping such register shall be 
 paid out of moneys provided by Parliament. 
 
 6. In order to make such register complete, Betums for 
 and to make the supervision over criminals effec- ^^^r.* ° 
 tual, the gaolers or governors of county and 
 borough prisons, and the chief officers of police 
 
 in every county, borough, and other place in the 
 United Kingdom which maintains a separate 
 police, shall from time to time make returns, if 
 such prison, county, borough, or other place be in 
 Great Britain, to one of Her Majesty's principal 
 Secretaries of State, and if the same be situate in 
 Ireland to the Lord Lieutenant or other chief 
 governor or governors of Ireland, or to such 
 person as they may respectively appoint, in such 
 manner, and at such time, and containing such 
 evidences of identity and other information with 
 respect to persons convicted of crime, as they may 
 from time to time respectively direct. 
 
 All expenses incurred in any place in carrying 
 this section into effect with the sanction of the 
 authority authorised to allow charges on the 
 funds for the maintenance of the police in that 
 place shall, be deemed to be part of the expenses 
 of such police, and be defrayed accordingly. 
 
 7. The first two parts of this act, so far as is Part of act 
 consistent with the tenor thereof, shall be con- s?roea™i'tjj 
 strued as one with the said Penal Servitude Acts. Penal Ser- 
 Crime, for the purposes of this act, so far as relates 
 
 to the registration of criminals, shall mean any 
 felony or any offence not a felony specified in the 
 first schedule hereto. 
 
422 ITabitual Criminals Act, 
 
 Paet in. Habitual Criminals. 
 
 Person 8. Where any person is convicted on indictment 
 
 oTfeioiy"^ of any offence specified in the first schedule hereto 
 
 °'Sni°hed "^ England or Iceland, and in the second schedule 
 
 with penal hereto in Scotland, and he be proved to have been 
 
 to Sbjtono previously convicted of any offence specified in 
 
 the super- the Said schedule, either before or after the 
 
 police." ^ passing of this act, then, in addition to any other 
 
 punishment which may be awarded to him, it 
 
 ahaU be deemed to be part of the sentence passed 
 
 on him, unless otherwise declared by the court, 
 
 that he is to be subject to the supervision of 
 
 the police as hereinafter mentioned for a period 
 
 of seven years, or such less period as the court 
 
 shall direct, commencing from the time at which 
 
 he is convicted, and exclusive of the time during 
 
 which he is undergoing his punishment. 
 
 Where any person is subject, in pursuance of 
 this act, to the supervision of the police, he shall 
 be guilty of an offence punishable (on summary 
 conviction before two or more justices or a 
 stipendiary magistrate) with imprisonment, with 
 or without hard labour, for a term not exceed- 
 ing one year, under the following circumstances, 
 or any of them : 
 
 First. If, on his being charged by a constable 
 or police officer with getting his livelihood 
 by dishonest means, he fails to make it 
 appear to the justices or magistrate before 
 whom he is brought that he is not getting 
 his hvelihood by dishonest means : 
 Secondly. If he is found by any constable or 
 police officer in any place, whether public or 
 private, under such circumstances as to satisfy 
 the justices or magistrate before whom he 
 is brought that he was about to commit or 
 to aid in the commission of any crime punish- 
 able on summary conviction or indictment, 
 or was waiting for an opportunity to commit 
 
32 ^ 33 Vict. cap. 99. 423 
 
 or aid in tlie commission of any sucH 
 crime : 
 Thirdly. If lie is found by any person in or 
 upon any dwelling house, or any building, 
 yard, or premises, being parcel of or attached 
 to such dwelling house, or in or upon any 
 shop, warehouse, counting-house, or other 
 place of business, or in any garden, orchard, 
 pleasure ground, or nursery ground, without 
 being able to account to the satisfaction of the 
 justices or magistrate before whom he is 
 brought for his being found on such premises. 
 Any person charged with being guilty of any 
 offence punishable on summary conviction under 
 this section may be taken into custody by any 
 constable or police officer without warrant, or 
 may, if charged with being guilty of an offence 
 committed under the circumstances thirdly herein- 
 before mentioned, or any of them, be appre^ 
 hended by the owner or occupier of the property 
 on which he is found, or by the servants of the 
 owner or occupier, or by any other person autho- 
 rised by the owner or occupier, and may be 
 detained until he can be delivered into the cus- 
 tody of a constable or police officer for the pur- 
 pose of being brought before the justices or 
 magistrate ; provided that no person shall be so 
 taken into custody on the ground that he is sus- 
 pected of getting his livelihood by dishonest means 
 except under a written authority from a chief 
 officer of police. 
 
 When a person is convicted under this section 
 of an offence which subjects hiin to the supervision 
 of the police, the record of his conviction shall 
 contain a statement to the effect that he is subject 
 to the supervision of the police in pursuance of 
 this act for a period of seven years commencing 
 from the date of his conviction, and exclusive of 
 the time during which he is undergoing his 
 punishment, or words to the like purport, but the 
 
424 Habitual Criminats Act, 
 
 omission of any sucli statement shall not exempt 
 any person from, the operation of this section. 
 
 A convict who has been sentenced to penal 
 servitude shall not during the time when he is at 
 large under a lidbnce granted under the said Penal 
 Servitude Acts, or any of them, be deemed for 
 the purposes of this section to be undergoing his 
 punishment. 
 
 Amendment 9. And whereas by the fourth section of the 
 toe'vagrant act passed in the fifth year of the reign of King 
 Actio Geo. 4, George the Fourth, chapter eighty-three, intituled 
 " An Act for the Punishment of idle and dis- 
 orderly Persons, and Eogues and Vagabonds, in 
 that Part of Great Britain called England," it is, 
 amongst other things, provided that every sus- 
 pected person or reputed thief frequenting any 
 river, canal, or navigable stream, dock or basin, 
 or any quay, wharf, or warehouse near or adjoin- 
 ing thereto, or any street, highway, or avenue 
 leading thereto, or any place of public resort or 
 any avenue leading thereto, or any street, high- 
 way or place adjacent, with intent to commit 
 felony shall be deemed a rogue and vagabond, and 
 may be apprehended and committed to prison 
 with hard labour for any time not exceeding 
 three calendar months : Arid whereas doubts are 
 entertained as to the nature of the evidence re- 
 quired to prove for the purposes of the said 
 section the intent to commit a felony : Be it en- 
 acted, that in proving such intent it shall not be 
 necessary to show that the person suspected was 
 guilty of any particular act or acts tending to 
 show his purpose or intent, and he may be con- 
 victed if, from the circumstances of the case, and 
 from his known character as proved to the justices 
 or magistrate, it appears to such justices or magis- 
 trate that his intent was to commit a felony. 
 
 Penalty for jQ. Every person who occupies or keeps any 
 tweves, fto. lodging-house, beerhouse, public house, or other 
 
32 ^ 33 Vict. cap. 99. 425 
 
 place where excisable Kquors are sold, or place of 26 & 26 viot. 
 public entertainment or public resort, and know- " ^''^' °' '^' 
 ingly lodges or harbours thieves or reputed thieves, 
 or knowingly permits or suffers them to meet or 
 assemble therein, or allows the deposit of goods 
 therein, having reasonable cause for believing 
 them to be stolen, shall be liable, on summary 
 conviction, to a penalty not exceeding ten pounds, 
 and the justices or magistrate before whom he is 
 brought may, if they or he think fit, in addition 
 to or in lieu of any penalty, require him to enter 
 into recognizances, with or without sureties, for 
 keeping the peace or being of good behaviour 
 during twelve months : 
 
 (1.) Provided that no person shall be imprisoned 
 
 for not finding sureties in pursuance of this 
 
 section for a longer period than three 
 
 months : 
 (2.) The security required from a surety shall 
 
 not exceed twenty pounds : 
 And any licence for the sale of any exoiseable 
 liquors or for keeping any place of public enter- 
 tainment or public resort which has been granted 
 to the occupier or keeper of any such house or 
 place as aforesaid shall be forfeited on his first 
 conviction of an offence under this section, and 
 on his second conviction for such an offence he 
 shall be disqualified for a period of two years 
 from receiving any such licence ; moreover, where 
 two convictions under this section have taken 
 place within a period of two years in respect of 
 the same premises, whether the persons convicted 
 were or were not the same, the justices or magis- 
 trate may, if they or he so think fit, direct that 
 for a term not exceeding one year from the date 
 of the last of such convictions no such licence as 
 aforesaid shall be granted to any person what- 
 ever in respect of such premises ; and any licence 
 granted in contravention of this section by the 
 excise or otherwise shall be void. 
 
426 
 
 Habitual Criminals Act, 
 
 Burden of 
 proof in 
 cases of re- 
 ceiving 
 stolen 
 goods. 
 
 Paet IV. Beceivers of Stolen Goods. 
 
 11. Where any person -who eitlier before or 
 after tte passing of this act has been previpusly 
 convicted of any offence specified in the first 
 schedule hereto, and involving fraud or dishonesty, 
 is found in the possession of stolen goods, evi- 
 dence of such previous conviction shall be ad- 
 missible as evidence of his knowledge that such 
 goods have been stolen ; and in any proceedings 
 that may be taken against him as receiver of 
 stolen goods, or otherwise in relation to his having 
 been found in possession of such goods, proof may 
 be given of his previous conviction before evidence 
 is given of his having been found in possession of 
 such stolen goods ; provided that not less than 
 seven days notice shall be given to such person 
 that proof is intended to be given of his previous 
 conviction, and that he will be deemed to have 
 known such goods to have been stolen until he 
 has proved the contrary. 
 
 Moreover, where proceedings are taken against 
 any person for having in his possession stolen 
 goods, evidence may be given that there were 
 found in the possession of such person other goods 
 stolen within the preceding period of twelve 
 months, and such evidence may be taken into 
 consideration for the purpose of proving that 
 such person knew the goods to be stolen which 
 form the subject of the proceedings taken against 
 him. 
 
 Any constable or police officer may, if autho- 
 rised so to do in writing by a chief officer of 
 police, enter any house, shop, warehouse, yard, or 
 other pi'emises in search of stolen goods, and 
 make such search and seize and secure any pro- 
 perty he may believe to have been stolen, in such 
 manner as he would be authorised to do if he had 
 a search warrant, and the property seized, if any, 
 corresponded to the property described in such 
 
32 ^ 33 Vict cap. 99. 427 
 
 seftrcli warrant : Provided that in every case in 
 whicli any property is seized, the person on whose 
 premises it was at the time of seizure, or the 
 person from whom it was taken if other than the 
 person on whose premises it was, shall, unless 
 previously charged with receiving the same know- 
 ing it to have been stolen, be summoned within three 
 days before a justice of the peace or other com- 
 petent magistrate to account for his possession of 
 such property, and such justice or other magistrate 
 shall make such order respecting the disposal of 
 property as the justice of the case may require ; 
 and it shall be lawful for any chief officer of 
 police to give such authority as aforesaid in the 
 following cases : 
 
 First. When such premises are at, or have been 
 within eighteen months of, the time of such 
 search in the occupation of any person who 
 has been convicted of receiving stolen pro- 
 perty or of harbouring thieves : 
 Second. When such premises are at the time of 
 such search in the occupation of any person 
 who has been convicted of any offence in- 
 volving fraud or dishonesty, and punishable 
 by penal servitude or imprisonment : 
 And it shall not be necessary for such chief 
 officer of police in giving such authority to specify 
 any particular property, but he may give such 
 authority if he has reason to believe generally 
 that such premises are being made a receptacle 
 for stolen goods. 
 
 Paet V. Assaults on Police. 
 
 12. Where any person is convicted of an assault Assaulta oa 
 and battery on any constable or police or peace ^° '°^' 
 officer when in the execution of his duty, such 
 person shall on summary conviction before two or 
 more justices, or one stipendiary magistrate, be 
 liable either to pay a penalty not exceeding 
 
428 Habitual Criminals Act, 
 
 twenty pounds, and in default of payment to be 
 imprisoned for a term not exceeding six months, 
 or, in the discretion of the court, to be imprisoned 
 for any term not exceeding six months, with or 
 without hard labour. 
 
 Pakt VI. General Provisions. 
 
 Power 13. Any person accused of an offence punish- 
 
 to remftnd. ^^^j^g ^^ summary conviction under this act may be 
 remanded from time to time by the justices or 
 magistrate before whom he is brought for the 
 purpose of enabling evidence to be obtained 
 against him, or for any other just cause. 
 
 Forms in 14. The forms set forth in the second schedule 
 
 schedule. ^^ q^^ ^^^ ^^ forms as near thereto as circum- 
 stances admit, may be used in aU matters to 
 which such forms refer, and when used shall be 
 deemed to be valid and sufficient in law. 
 
 Constabu- 15. The " constabulary station " in section four 
 'toYneMe™ 0^ " The Penal Servitude Act, 1864,'' shall include 
 police any police station within the police district of 
 
 stations in ■T^ i i . , i . • 
 
 Dublin. Dublm metropolis. 
 
 cwwrenot jg rphe provisions of "The Industrial Schools 
 Act, 1861," shall apply to all the children under 
 the age of fourteen years of any woman who 
 shall be convicted for the second time of any 
 offence specified in the first schedule thereto, 
 when such children shall at the time of the con- 
 viction be under her care and control, and have 
 no visible means of subsistence. 
 
 Penalty on 17. Any dealer in old metals as defined in 
 ow meSis. " The Old Metal Dealers Act, 1861," who shaU 
 either personally or by any servant or agent pur- 
 chase, receive, or bargain for lead, whether new or 
 old, in any quantity at one time of less weight 
 than one hundred and twelve pounds, or who shall 
 
32 ^ 33 Vict. cap. 99. 429 
 
 personally or by any servant or agent purchase, 
 receive or bargain for copper, wlietter new or old, 
 in any quantity at one time of less weiglit than 
 fifty-six pounds, shall be liable to a penalty of five 
 pounds, to be recovered in the same manner as 
 penalties incurred under the said recited act are 
 therein directed to be recovered. 
 
 PIEST SCHEDULE. 
 
 Any felony not punishable with death also, or the offence 
 of uttering false or counterfeit coin or of possessing coun- 
 terfeit gold or silver coin, or the offence of obtaining goods 
 or money by false pretences, or the offence of conspiracy to 
 defraud, or misdemeanor under the fifty-eighth section of 
 the twenty-fourth and twenty-fifth Victoria, chapter 
 ninety-six. 
 
 SECOND SCHEDULE. 
 
 Robbery, theft, assatilt with intent to rob, stouthrief, 
 falsehood, fraud, and wilful imposition, obtaining goods or 
 money by false pretences, uttering false or counterfeit coin. 
 
 THIED SCHEDULE. 
 
 I To a constable of the said county of 
 
 to wit. ) and to the keeper of the 
 
 prison at in the said county, and to 
 
 the governor of the (convict prison). 
 
 Whereas A.B. was this day brought before me the under- 
 signed, one of Her Majesty's justices of the peace in and for 
 the said county of having been taken into custody 
 
 by CD., a constable of the said county, under the provisions 
 of " The Habitual Criminals Act, 1869," the said A.B. being 
 the holder of a license granted under the Penal Servitude ' 
 Acts, 1863, 1857, and 1864, or some of them, and suspected 
 of getting a livelihood by dishonest means, and the said 
 A.E. the holder of the said licence having failed to make it 
 appear to the satisfaction of me the said justice that he is 
 not getting a livelihood by dishonest means, the said licence 
 so held by the said A.B. is forfeited ; I the said justice, iu 
 pursuance of the above first-recited act, do commit the said 
 A.B. to the prison, there to be detained until he can 
 
 conveniently be removed to the (comrict priaon) ; 
 
430 Habitual Criminals Act, 
 
 and I the said justice do therefore require you the said 
 constable to take the said A.B., and him safely to convey to 
 the prison aforesaid, and there to deliver him to the keeper 
 thereof, together with this preoeptr and I do hereby com- 
 mand you the said keeper to receive into your custody the 
 said A.B. in the said prison, and there safely keep him until 
 he can conveniently be removed as aforesaid; and I do 
 hereby require the said governor of the said (convict pHson) 
 to receive the said A.B., and to detain him until he_ has 
 undergone the term of penal servitude to which he is liable 
 under the Penal Servitude Acts, 1853, 1857, and 1864, or 
 some of such acts. 
 
 Given under my hand and seal at in the said 
 
 county, this day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 1 To a constable in the said county of 
 
 to wit. J and to the keeper of the house of cor- 
 
 rection at in the said county. 
 
 Whereas A.B., being a person subject by the provisions of 
 " The Habitual Criminals Act, 1869," to the supervision of 
 the police, has been taken into custody by CD., a con- 
 stable, and brought this day before us the undersigned, two 
 of Her Majesty's justices of the peace in and for the county 
 of , and charged before us on the oath of the said 
 
 CO., taken before us and in the presence of the said A.B. 
 [with being suspected by the said C.D. of getting his liveli- 
 hood by dishonest means] or [with being found by the said 
 CD. in , under such circumstances as to give rise 
 
 to suspicion that th^ said A.B. was about to commit or aid 
 in the commission of a crime punishable on summary con- 
 viction or indictment, (that is to say,) or waiting 
 for an apportunity to commit or aid in the commission of a 
 crime punishable on summary conviction or indictment, 
 (that is to say,) ] or [with being found by 
 in or upon a dwelling house, or building, or yard, or pre- 
 mises, being parcel of or attached to a dwelling house, or in 
 or upon a shop, warehouse, counting-house, or other place 
 of business, or in any garden, orchard, pleasure ground, or 
 nursery ground, the said A.B. not being able satisfactorily 
 to account for his being found on the said ]. »- 
 
 We, the said justices, do in pursuance of the above- 
 recited act convict the said A.B. of the said offence, and 
 adjudge that the said A.B. for the said offence shall be 
 imprisoned in the house of correction at in the said 
 
 county, and there kept to hard labour for the space of 
 . These are therefore to command you, the said 
 constable, to take the said A.B. and him safely to convey to 
 the house of correction aforesaid, and there to deliver him 
 to the keeper thereof, together with this precept : and we 
 do hereby command you, the said keeper of the said house 
 
32 ^ 33 Vict. cap. 99. 431 
 
 of correction, to receive the said A.B. into your custody in 
 the said house of correction, there to imprison him and 
 keep him to hard labour for the space of 
 
 Given under our bands and seals at in the said 
 
 county this day of in the year of our 
 
 Lord one thousand eight hundred and 
 
 ) To a constable of the said county of 
 
 to wit. j , and to the keeper of the house of 
 
 correction at , in the said county of 
 
 Whereas A.B. has been this day brought before us, the 
 undersigned, two of Her Majesty's" justices of the peace in 
 and for the county of , under the provisions of " The 
 
 Habitual Criminals Act, 1869," and it has been duly proved 
 upon oath before us that the said A.B. has been three times 
 convicted of felony : And whereas he is charged before us 
 upon the oath of CD., a constable, for that the said A. B. 
 on the day of at the parish of' in the said 
 
 county of " was found by the said O.D. in' 
 
 under such circumstances as to give rise to suspicion that 
 he was about to commit or to aid in the commission of a 
 crime punishable on pummary conviction or indictment, or 
 was waiting for an opportunity to commit or aid in the 
 commission of a crime punishable on indictment or sum- 
 mary conviction;" or, ["was found by in or upon 
 any dwelling house or any building, or yard, or premises, 
 being parcel of or attached to such dwelling house, or in or 
 upon any shop, warehouse, counting-house, or other place 
 of business, or in any garden, orchard, pleasure ground, or 
 nursery ground, without being able satisfactorily to account 
 for his being found on such premises,"] contrary to the 
 statute : Now we the said justices do, in pursuance of the 
 above-recited act, convict the saifl A.B. of the said offence, 
 and adjudge that the said A.B. for the said ofience shall be 
 imprisoned in the house of correction at in the said 
 county, and there kept to hard labour for the space of 
 
 These are therefore to command you, the said constable, to 
 take the said A.B. and him safely to convey to the house of 
 correction aforesaid, and there deliver him to the keeper 
 thereof, together with this precept ; and we do command 
 you, the said keeper of the said House of Correction, to 
 receive the said A.B. into your custody in the said house 
 of correction, there to imprison him and keep him to hard 
 labour for the space of 
 
 Given under our hands and seals at this 
 
 day of in the year of our Lord one thousand 
 
 eight hundred and 
 
432 Habitual Criminals Act. 
 
 > To a constable of the said county of 
 
 to wit. j , and to the keeper of the house of 
 
 coi-reotion at iu the said county of 
 
 Whereas A.B. was on this day duly convicted before me 
 the undersigned, one of Her Majesty's justices of the peace 
 in and for the county of , having been brought 
 
 before me by C.B., a constable, under the provisions of 
 " The Habitual Criminals Act, 1869," and charged upon the 
 oath of the said CD., taken before me in the presence and 
 hearing of the said A.B., of being a rogue and vagabond 
 within the intent and meaning of the statutes made in the 
 fifth year of the reign of his late Majesty King George 
 the Fourth, intituled "An Act for the Punishment of idle 
 and disorderly Persons and Bogues and Vagabonds in that 
 Part of Great Britain called England," and " The Habitual 
 Criminals Act, 1869," before mentioned, (that is to say,) for 
 that the said A.B. on the day of in the year 
 
 of our Lord one thousand eight hundred and , in the 
 
 parish of , in the said county of , [here set 
 
 out the circumstances under which the Justice was of opinion 
 tliat the said A.B. nnght reasonably be susipected to have in- 
 tended tQ- commit a Jelomf], contrary to the said statutes. 
 And it was thereby adjudged that the said A.B. for the said 
 offence should be imprisoned at the house of correction at 
 , in the said county, and there kept to hard labour 
 for the space of 
 
 These are therefore to command you the said constable to 
 take the said A.B., and him safely to convey to the house of 
 correction aforesaid, and there to deliver him to the keeper 
 thereof, together with this precept : and I do command you, 
 the said keeper of the said house of correction, to receive the 
 said A.B. into your custody in the said house gf correction, 
 there to imprison him and keep him to iard labour for the 
 space of 
 
 Given under my hand and seal at this day 
 
 of in the year of our Lord one thousand eight 
 
 hundred and 
 
33 ^ 34 Vict. cap. 23. 433 
 
 FOEFEITUEES FOE TREASON AND FELONY 
 ABOLITION ACT. 
 
 (33 & 34 Vict. cap. 23.) 
 
 An Act to abolish Forfeitures for Treason and 
 Felony, and to otherwise amend the Law relating 
 thereto. — [Ath July, 1870.] 
 
 Wheeeas it is expedient to abolish the for- 
 feiture of lands and goods for treason and felony, 
 and to otherwise amend the law relating thereto : 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows ; (that is to say,) 
 
 1. From and after the passing of this act no Forfeiture, 
 confession, verdict, inquest, conviction, or judg- naiiea.''" 
 ment of or for any treason or felony or felo de se 
 
 shall cause any attainder or corruption of blood, 
 or any forfeiture or escheat, provided that nothing 
 in this act shall affect the law of forfeiture con- 
 sequent upon outlawry. 
 
 2. Provided nevertheless, that if any person Conviction 
 hereafter convicted of treason or felony, for which o?'felony°to 
 he shall be sentenced to death, or penal servitude, ^^ ^ aisqua- 
 
 . c ■ . i -ii 1 1 1 1 liflcation for 
 
 or any term or imprisonment vfith hard labour, offloea, ftc. 
 or exceeding twelve months, shall at the time of 
 such conviction hold any military or naval office, 
 or any civil office under the Crown or other public 
 emplojrment, or any ecclesiastical 'benefice, or 
 any place, office, or emolument in any university, 
 college, or other corporation, or be entitled to any 
 pension or superannuation allowance payable by 
 the public, or out of any public fund, such office, 
 benefice, employment, or place shall forthwith 
 become vacant, and such pension or superannua- 
 tion allowance or emolument shall forthwith 
 determine and cease to be payable, unless such 
 
 V 
 
434 Forfeitures for Treason, 4'C- Abolition Act, 
 
 person shall receive a free pardon from Her 
 Majesty, within two months after such convic- 
 tion, or before the filling up of such ofBce, bene- 
 fice, employment, or place if given at a later 
 period ; and such person shall become, and (un- 
 til he shall have suffered the punishment to 
 which he had been sentenced, or such other 
 punishment as by competent authority may be 
 substituted for the same, or shall receive a free 
 pardon from Her Majesty), shall continue thence- 
 forth incapable of holding any military or naval 
 office, or any civil office under the Crown or other 
 public employment, or any ecclesiastical benefice, 
 or of being elected, or sitting, or voting as a 
 member of either House of Parliament, or of 
 exercising any right of suffrage or other parlia- 
 mentary or municipal franchise whatever within 
 England, Wales, or Ireland. 
 
 Persons con- 3. It shall be lawful for any court, (') by which 
 treason or judgment shall be pronounced or recorded, upon 
 felony may the conviction of any person for treason or felony, 
 demned in "in addition to such sentence as may otherwise by 
 law be passed, (^) to condemn such person to the 
 payment of the whole or any part of the costs or 
 expenses incurred in and about the prosecution 
 and conviction for the offence of which he shall 
 be convicted, if to such court it shall seem fit so 
 to do ; (^) and the payment of such costs and 
 
 (>) " Any court competent to determine a charge of 
 felony ;" and it therefore extends to the summary juris- 
 diction of justices in cases of larceny and embezzlement. 
 
 (2) It would appear from this that the order must be 
 made at the time of the conviction, and as an addition to the 
 sentence, and the following form is suggested : " And I 
 further condemn you to pay (the costs) or (the expenses) 
 or (one half) (or as the case may be) (of the costs) (or of 
 the expenses) incurred in and about the prosecution and 
 conviction for the offence of which you are now con- 
 victed." 
 
 (3) It should be observed that the condemnation is to 
 be for costs or expenses, and therefore both cannot be 
 
 costs. 
 
33 ^ 34 Vict. cap. 23. 435 
 
 expenses, or any part thereof, may be ordered by 
 the court to be made out of any moneys (■*) taken 
 from suob person on his apprehension, (*) or may 
 be enforced at the instance of amy person liable 
 to pay, or who may have paid the same, in such 
 and the same manner (subject to the provisions 
 of this act) as the payment of any costs ordered 
 to be paid by the judgment or order of any court 
 of competent jurisdiction in any civil action or 
 proceeding may for the time being be enforced : 
 Provided, that in the meantime and until the 
 recovery of such costs and expenses from the 
 person so convicted as aforesaid, or from his 
 estate, the same shall be paid and provided for 
 in the same manner as if this act had not passed ; 
 and any money which may be recovered in respect 
 thereof from the person so convicted, or from his 
 estate, shall be applicable to the reimbursement 
 
 included. " Costs " will probably be construed as mean- 
 ing the " legal " costs of the prosecution — " expenses " the 
 other costs, extra the legal costs so incurred. The words 
 "in and about" give wide latitude for such an order; 
 and as it may be held to include expenses incurred in the 
 inquiries preliminary to the appearance of the prisoner 
 before the justices, the power thus lodged in the court 
 may be often exercised with great advantage to remune- 
 rate for extraordinary exertions and expenditure in the 
 tracing of crime and capturing the criminal, for which 
 the law has hitherto made no provision. 
 
 ^') " Moneys " will include all coin and bank notes that 
 are legal tender. But will the term include bank notes 
 not legal tender, foreign bank notes, cheques, and such 
 like ? It will not include bills of exchange, promissory 
 notes and warrants or orders for the payment of money. 
 
 (*) This power is limited to moneys taken from the 
 prisoner on his apprehension. If read strictly, this would 
 apply only to moneys in the manual possession of the 
 prisoner. The question will speedily occur, if this useful 
 provision extends to constructive possession, as where 
 the prisoner has purposely passed away his money to his 
 wife, to a servant, or to a comrade, ftloneys found in his 
 house in his absence would not be within the provision ; 
 but how if he were present at the time of the taking.; 
 would not the seizing of them then be a taking from 
 him within both the spirit and the letter of the statute. 
 U 2 
 
436 Forfeitures for Treason, #c. Abolition Act, 
 
 of any person or fund by whom or out of whicb 
 sucli costs and expenses may have been paid or 
 defrayed. 
 Compensi- 4. It shall be lawful for any such court as 
 pe^nf aforesaid, (6) if it shall think fit, upon the appli- 
 defraudedor cation of any person aggrieved, and immediately 
 felmy^''^ after the conviction of any person for felony, O 
 to award any sum of money, not exceeding one 
 hundred pounds, by way of satisfaction or com- 
 pensation for any loss of property suffered by the 
 applicant through or by means of the said 
 felony, (*) and the amount awarded for such satis- 
 
 (') Great caution should be used in the exercise of the 
 power given by this section. It is liable to be abused by 
 private arrangements between the prosecutor and the 
 prisoner, by which, in consideration of an order for com- 
 pensation, there shall he recommendations to mercy, or 
 suggestions for nominal punishment. This would operate 
 practically as a condonation of felony. The compensa- 
 tion is not designed to be a part of the punishment, still 
 less to be given in lieu of punishment. It is designed 
 only to enable the court to add to the penalty for the 
 crime which the wrong to the public demands, the com- 
 pensation for the wrong to the individual which justice 
 requires, but for which hitherto our law has provided no 
 summary remedy. 
 
 (') It will be observed that compensation must be 
 awarded at the time of the trial, and immediately after 
 the conviction, and although not so expressed, as in the 
 case ot costs or expenses, to be " in addition to such 
 sentence as may otherwise by law be passed," neverthe- 
 less, inasmuch as it is to be awarded Immediately after 
 conviction and must be recorded, it should be an addition 
 to the sentence. 
 
 (*) The assertion " through or by means of the said 
 felony " admits of great latitude in its application. It 
 appears that the judge or justice has an absolute dis- 
 cretion as to the sum to be awarded, and he may accept any 
 statement he pleases made in any manner. But the pru- 
 dent and proper course will be to take the statement of 
 the applicant and others upon oath with some cross- 
 examination of assertions as to alleged losses, to be 
 assured, not only that the loss has been suffered, but, in 
 the words of the statute, that it was "through or by 
 means of the felony of which the prisoner has just been 
 
33 ^ 34 Vict. cap. 23. 437 
 
 faction or compensation shall be deemed a judg- 
 ment debt due to the person entitled to receive 
 the same from the person so convicted, and the 
 order for payment of such amount may be en- 
 forced in such and the same manner as in the 
 case of any costs ordered by the court to be paid 
 under the last preceding section of this act. (^) 
 
 5. The word "forfeiture," in the construction The word 
 of this act, shall not include any fine or penalty defined"™ " 
 imposed on any convict by virtue of his sentence. 
 
 6. The expression "convict," as hereinafter The word 
 used, shall be deemed to mean any person against defined 
 whom, after the passing of this act, judgment of 
 death, or of penal servitude, shall have been pro- 
 nounced or recorded by any court of competent 
 jurisdiction ia England, Wales, or Ireland upon 
 
 any charge of treason or felony. ('") 
 
 7. When any convict shall die or be made When eon- 
 bankrupt, or shall have suffered any punishment cease to be 
 to which sentence of death if pronounced or ™''^® ^ '° f 
 recorded against him may be lawfully commuted, the act. 
 
 or shall have undergone the full term of penal 
 servitude for which judgment shall have been 
 
 convicted." When the provision comes to be generally 
 known, these applications will be frequent, and much 
 ingenuity will be exercised in the concoction of ques- 
 tionable claims. Unless other evidence of ,lo8s is perfectly 
 satisfactory, the most prudent course will be to limit the 
 orders to compensation for losses that are proved in the 
 course of the trial. 
 
 (») The remedy here is cumulative. In addition to 
 the same remedies as are given in the case of costs, an 
 order for compensation is to operate as a judgment debt. 
 But it may also be ordered to be paid from the moneys 
 taken from the prisoner on his apprehension. 
 
 ('I") The following provisions of the statute relate only 
 to the property of "a convict," who is defined to be a person 
 against whom a judgment of death or of penal servitude 
 have been passed on a charge of treason or felony. 
 They do not apply to misdemeanants, nor where the 
 sentence ie for imprisonment only. 
 
438 Forfeitures for Treason, ^c. Abolition Act, 
 
 pronounced or recorded against tim, or sucli other 
 punisliment as may by competent authority have 
 been substituted for such full term, or shall have 
 received Her Majesty's pardon for the treason or 
 felony of which he may have been convicted, he 
 shall thenceforth, so far as relates to the pro- 
 visions hereinafter contained, cease to be subject 
 to the operation of this act. 
 Convict dis- 8. No action at law or suit in equity for the 
 foTOT to™* recovery of any property, debt, or damage what- 
 aiienate soever shall be brought by any convict against 
 proper y, c. ^^^ person during the time while he shall be 
 subject to the operation of this act ; and every 
 convict shall be incapable, during such time as 
 aforesaid, of alienating or charging any property, 
 or of making any contract, save as hereinafter 
 provided. 
 
 The Crown 9. It shall be lawful for Her Majesty, or for 
 
 SSi^'any person in that behalf authorised by Her 
 
 tors of any Majesty, under her royal sign manual (and which 
 convict's ,■! ■;, i • -S. ii -ii. 
 
 property. authority may be given either generally or witn 
 
 reference to any particular case), if to Her Majesty 
 or to the person so authorised it shall seem fit, by 
 writing under Her Majesty's royal sign manual, 
 or under the hand of the person so authorised as 
 aforesaid, to commit the custody and manage- 
 ment of the property of any convict, during Her 
 Majesty's pleasure, to an administrator, to be by 
 such writing appointed in that behalf, (") and 
 every such appointment may be revoked by the 
 same or the like authority by which it is made ; 
 and upon any determination thereof, either by 
 revocation or by the death of any such adminis- 
 trator, a new administrator may be appointed by 
 
 (") This formidable oflaoer, to be appointed under the 
 sign manual of the sovereign, is not likely to be called in 
 save in the rare cases of the convict being a very 
 wealthy man. For all ordinary persons a curator will, 
 doubtless, be preferred ; for which, see sect. 21. 
 
33 ^ 34 Vict. cap. 23. 439 
 
 the same or tlie like authority from time to time ; 
 and every such new administrator shall, upon his 
 appointment, be and be deemed to be the suc- 
 cessor-in-law of the former administrator ; and all 
 property vested in, and all powers given to, such 
 former administrator by virtue of this act shall 
 thereupon devolve to and become vested in such 
 successor, who shall be bound by all acts lawfully 
 done by such former administrator during the 
 continuance of his office ; and the provisions here- 
 inafter contained with reference to any adminis- 
 trator shall, in the case of the appointment of 
 more than one person, apply to such adminis- 
 trators jointly. 
 
 10. Upon the appointment of any such ad- Convict's 
 ministrator in manner aforesaid all the real and TOsftnad-" 
 personal property, including choses in actions, to mtajstrators 
 which the convict named in such appointment pointment. 
 was at the time of his conviction, or shall after- 
 wards while he shall continue subject to the 
 operations of this act, become or be entitled, shall 
 
 vest in such administrator for all the estate and 
 interest of such convict therein. 
 
 11. If, in the instrument by which any such Remimera- 
 administrator is appointed, ' provision shall be Sstmtore""" 
 made for the remuneration of such administrator 
 
 out of the property of the convict, the said ad- 
 ministrator may receive and retain for his own 
 benefit such remuneration accordingly. 
 
 12. The administrator shall have absolute Administra- 
 
 , T , , n J J. r tore to have 
 
 power to let, mortgage, sell, convey, and transfer adminietra- 
 any part of such property as to him shall seem fit. pe^aSJw 
 
 13. It shaU be lawful for the administrator to o^^ete." °' 
 pay or cause to be paid out of such property, or Admmistra- 
 the proceeds thereof, all costs and expenses which tor to pay 
 
 ,^ ., 11 nii ontofpro- 
 
 the convict may have been condemned to pay ; perty costs 
 and also all costs, charges, and expenses incurred ^oJ™^™" 
 by such convict in and about his defence ; and costs of exe. 
 also all such costs, charges, and expenses as the ^t, * 
 
440 Forfeitures for Treason, ^c. Abolition Act, 
 
 said administrator may incur or be put to m or 
 about the carrying this act into execution witli 
 reference to sucli property, or with reference to 
 any claims whiph may be made thereon. 
 AdminiBtra- 14. The administrator may cause payment or 
 out S^rH satisfaction to be made out of such property of 
 perty debts any debt or liability of such convict which may be 
 of convict'^ established in due course of law, or may other- 
 wise be proved to his satisfaction, and may also 
 cause any property which may come to his hands 
 to be delivered to any person claiming to be 
 justly entitled thereto, upon the right of such 
 person being established in due course of law, or 
 otherwise to his satisfaction. 
 AdminiBtra- 15. The administrator may cause to be paid or 
 makroom- Satisfied out of such property such sum of money 
 pensations by way of satisfaction or compensation for any loss 
 perty to™' of property or other injury alleged to have been 
 d°r™d db suffered by any person through or by means of any 
 criminal acts alleged criminal or fraudulent act of such convict, 
 of convict gg ^Q ^^ shall seem just, although no proof of 
 such alleged criminal or fraudulent act may have 
 been made in any court of law or equity ; and all 
 claims to any such satisfaction or compensation 
 may be investigated in such manner as the adminis- 
 trator shall think fit, and the decision of the 
 administrator thereon shall be binding : Provided 
 always, that nothing in this act shall take away or 
 prejudice any right, title, or remedy to which any 
 person alleging himself to have suffered any such 
 loss or injury would have been entitled by law if 
 this act had not passed. 
 
 AdminiBtra- 16. The administrator may cause such payments 
 
 tor may ^nd allowances for the support or maintenance of 
 
 anceB out of any wife or child, or reputed child of such convict, 
 
 sipporuif"' 0=^ of ^^y 0*^^^ relative or reputed relative of such 
 
 family of convict dependent upon him for support, or for the 
 
 convict. benefit of the convict himself, if and while he shall 
 be lawfully at large under any licence, as to such 
 
33 ^ 34 Vict. cap. 23. 441 
 
 administrator shall seem fit, to be made from time to 
 time out of such property, or the income thereof. 
 
 17. The several powers hereinbefore given to Exercise of 
 the said administrator, or any of them, may be "•'imtoistra- 
 exercised by him in such order and course, as to aBtoprioritj 
 priority of payments or otherwise, as he shall plyStTbj 
 thing fit ; and all contracts of letting or sale, admims- 
 
 f I J- iP , tra'or for 
 
 mortgages, conveyances, or transfers ot property, purposes of 
 bond fide made by the said administrator under ^l^^fi^ "^ 
 the powers of this act, and all payments or delive- question, 
 ries over of property bond fide made by or under 
 the authority of the said administrator for any of 
 the purposes hereinbefore mentioned, shall be 
 binding ; and the propriety thereof, and the suffi- 
 ciency of the grounds on which the said adminis- 
 trator may have exercised his j udgment or discretion 
 in respect thereof, shall not be in any manner 
 called in question by such convict, or by any 
 person claiming an interest in such property by 
 virtue of this act. 
 
 18. Subject to the powers and provisions here- Property to 
 inbefore contained, all such property and the fo^rMnvi™" 
 income thereof shall be preserved and held in trust ana to revert 
 by the said administrator, and the income thereof represcma-' 
 may, if and when the said administrator shall *'™^ ™. 
 think proper, be invested and accumulated in such of sentence, 
 securities as he shall from time to time think fit, death."' ""^ 
 for the use and benefit of the said convict and his 
 
 heirs, or legal personal representatives, or of such 
 other persons as may be lawfully entitled thereto, 
 according to the nature thereof ; and the same, 
 and the possession, administration, and manage- 
 ment thereof, shall re-vest in and be restored to 
 such convict upon his ceasing to be subject to the 
 operation of this act, or in and to his heirs or legal 
 personal representatives, or such other persons as 
 may be lawfully entitled thereto ; and all the 
 powers and authorities by this act given to the 
 said administrator shall from thenceforth cease 
 V 3 
 
442 Forfeitures for Treason, ^c. Abolition Act, 
 
 and determine, except so far as tlie continuance 
 ttereof may be necessary for the care and preser- 
 vation of such property or any part thereof, imtil 
 the same shall be claimed by some person lawfully 
 entitled thereto, or for obtaiaing payment out of 
 such property, or of the proceeds thereof, of any 
 liabilities, or any costs, charges, or expenses, for 
 which proyision is made by this act ; for which 
 purposes such powers and authorities shall con- 
 tinue to be in force untU possession of such pro- 
 perty shall be delivered up by the said adminis- 
 trator to some person being or claiming to be 
 lawfully entitled thereto. 
 Administra- 19. The said administrator shall not be answer- 
 beliabie ° able to any person for any property which shall 
 wSthey '^°* actually have come to his hands by virtue of 
 receive this act, nor for any loss or damage which may 
 happen through any mere omission or nonfeasance 
 on his part to any property vested in him by 
 virtue hereof. 
 
 Administra- 20. The costs as between solicitor and client of 
 ooBtsorBuite every action or suit which may be brought against 
 of property ^jj^g said administrator with reference to any such 
 solicitor and property as aforesaid, whether during the time 
 client while the same shall be and continue vested in 
 
 him under this act or after the same shall cease 
 to be so vested, and aU charges and expenses pro- 
 perly incurred by him with reference thereto, shall 
 be a first charge upon and shall be paid out of such 
 property, unless the court before which such 
 action is tried or such suit is heard shall think fit 
 otherwise to order. 
 
 ifnoadmi- 21. If no such administrator as aforesaid shall 
 fnSm"^' liave been appointed an interim curator (^ 2) of the 
 be'a'^'loted V^^^'^^J ^^ ^'^7 convict may be appointed by any 
 
 by justice?. 
 
 (12) Although called an interim curator, he is in fact in- 
 vested with the same po-wers as an adtninistrator imder 
 sect. 9, and, therefore, will doubtless be generally preferred. 
 
33 ^ 34 Vict. cap. 28. 443 
 
 justices of the peace in petty sessions assembled, 
 or, where there are no petty sessions, by any 
 justice of the peace having jurisdiction in the place 
 where such convict before his conviction shall 
 have last usually resided, upon the application of 
 any person who shall be able to satisfy such 
 justice that the application is made bond fide with 
 a view to the benefit of the convict or of his family, 
 or to the due and proper administration and 
 management of his property and affairs ; and the 
 interim curator to be appointed may be either the 
 person making the application or any other person 
 willing to accept the office, and competent to dis- 
 charge its duties, as to such justice shall seem fit. 
 
 22. Before maJdng any such appointment the ProceedingB 
 justice shall require the applicant to make oath josaces. 
 that no administrator or interim curator of the 
 property of such convict hats been to his know- 
 ledge or belief already appointed ; and the appli- 
 cant shall also state upon oath, to the best of his 
 knowledge and belief, who are the nearest rela- 
 tives (including any husband or wife) of such 
 convict, and (if any such there be) where they are 
 residing, and whether any and which of them 
 
 have consented to or have had notice of such 
 application ; and it shall be competent for such 
 justice to require notice of such apphcation to be 
 given to all such persons and in such manner as 
 to such justice shall seem fit. 
 
 23. Any interim curator so appointed may be Removal of 
 removed, for any cause shown to the satisfaction ourator for 
 of the justices or justice or the court, upon the "^se 
 application of any relative of the convict, or of 
 
 any person interested in the due and proper 
 adininistration and management of his property 
 and affairs, either by the petty sessions or justice 
 by whom he was appointed (or, in the event of 
 such justice dying or being unable to act, by any 
 other justice having the like jurisdiction) or by 
 
444 Forfeitures for Treason, ^c. Abolition Act, 
 
 any court in -wHoli proceedings for an account 
 may be instituted as hereinafter provided; and 
 upon the death or renaoval of any such interim 
 curator a new interim curator may be appointed 
 in the same manner and by the like authority as 
 aforesaid, or (in case any such proceedings shall 
 be then depending) by the court in which any 
 such proceedings shall be so depending as afore- 
 said. 
 
 Powers of 24. Every interim curator so appointed as 
 
 interim aforesaid shall have power funless and until 
 
 /inT*fl|tor 
 
 an administrator shall be appointed under this 
 act, in which case the authority of such interim 
 curator shall thenceforth cease and determine) to 
 sue in his own name as such interim curator, at 
 law or in equity, for the possession and recovery 
 of any part of the property in respect of which he 
 shall have been so appointed, or for damages in 
 respect of any injury thereto, and to defend in his 
 own name as such interim curator any action or 
 suit brought against such convict or against him- 
 self in respect of such property, and to receive 
 and give legal discharges for all rents, dividends, , 
 interest, and income of or arising from such pro- 
 perty, and also to receive and give discharges for 
 any debts due to such convict, or forming part of 
 his property, and to pay and discharge all or any 
 debts due from such convict out of such property, 
 and to settle and adjust accounts with any debtor 
 or creditor of such convict, and generally to 
 manage and administer the property of such con- 
 vict ; and also to make or cause to be made such 
 pa3rm.ents and allowances for the support or main- 
 tenance of any wife or child of such convict, or of 
 any other relative dependent on him for support, 
 as shall be specially authorized by any such justice 
 or court aforesaid (who shall have power from 
 time to time to authorize the same), or by any 
 other court having competent jurisdiction to 
 
33 ^ 34 Vict. cap. 28. 445 
 
 authorize tlie same, out of the income of auch 
 property, or (in case such income shall be insuffi- 
 cient for that purpose) out of the capital thereof ; 
 and every such interim curator shall be entitled 
 to retain out of such property, or out of the 
 income thereof, all his costs, charges, and expenses 
 properly incurred in and about the discharge of 
 his duties as such curator. 
 
 25. Any personal property of such convict may Personal 
 be sold and transferred by such interim curator ^"'jl^-^g'^goid 
 by and with the authority of such justice or court by interim 
 as aforesaid, or of any other court having compe- nn^" 
 tent jurisdiction to order the same, but not other- specif order 
 wise ; and such interim curator shall be account- court 
 able for the proceeds of any property so sold in 
 
 the same manner as for such property while 
 remaining unsold. 
 
 26. All proceedings at law or in equity duly proceedings 
 instituted by or against any such interim curator byor against 
 may (in case of an administrator or a new interim curator not 
 curator being afterwards appointed) be continued ^mtais-'' 
 by or against such administrator or such new trator is 
 interim curator without any abatement thereof, °'''P°'°* 
 the appointment of such administrator or new 
 interim curator being entered by way of sugges- 
 tion on the record, or otherwise stated upon the 
 proceedings, according to the practice of such 
 
 court ; and all acts lawfully done and contracts 
 lawfully made by such interim curator with 
 respect to any property of such convict before the 
 appointment of such administrator or such new 
 interim curator shall be binding upon such ad- 
 ministrator or such new interim curator after his 
 appointment. 
 
 27. All judgments or orders for the pajrment Execution of 
 of money of any court of law or equity against indgnientB 
 such convict which shall have been duly recovered Tict pro- 
 
 or made, either before or after his conviction, may ^"^°'* '"'■ 
 be executed against any property of such convict 
 
446 Forfeitures for Treason, SfC. Abolition Act, 
 
 under the care and management of any such 
 interim curator as aforesaid, or in tiie hands of 
 any person who may have taken upon himself the 
 possession or management thereof without legal 
 authority, in the same manner as if such pro- 
 perty were in the possession or power of such 
 convict; and all such judgments or orders may 
 likewise be executed by writ of scire facias or 
 otherwise, according to the practice of the court, 
 against any such property which may be vested 
 in any administrator of 'the property of such 
 convict under the authority of this act. 
 
 Prooeedings 28. It shall be competent for Her Majesty's 
 ™k^ ''to Attomey-Q-eneral, or other the chief law officer 
 make adrni- of the crown for the time being in any part of 
 Sterta"^ "^ Her Majesty's dominions, or for any person who 
 curator, &c. (^jf gw^ convict were dead intestate) would be his 
 before pro- heir at law, or entitled to his personal estate, or 
 to TOn"™t^ a^y stare thereof, under the Statutes of Distri- 
 tribution or otherwise, or for any person autho- 
 rised by Her Majesty's Attorney-General, or by 
 such chief law ofBcer as aforesaid, in that behalf, 
 to apply in a summary way to any court which (if 
 such convict were dead) would have jurisdiction 
 to entertain a suit for the administration of his 
 real or personal estate, to issue a writ of sum- 
 mons calling upon any administrator or interim 
 curator of the property of such convict appointed 
 under this act, or any person who without legal 
 authority shall have possessed himself of any 
 part of the property of such convict, to account 
 for his receipts and pajrments in respect of the 
 property of such convict, in such manner as such 
 court shall direct ; and it shall be lawful for such 
 court thereupon to issue such writ of summons, 
 and to enforce obedience thereto, and to all orders 
 and proceedings of such court consequent thereon, 
 in the same manner as in any other case of pro- 
 cess lawfully issuing out of such court ; and such 
 
33 ^ 34 Vict. cap. 23. 447 
 
 court stall thereupon have full power, juriBdiction> 
 and authority to take all such accounts, and to 
 make and give all such orders and directions as to 
 it shall seem proper or necessary for the purpose 
 of securing the due and proper care, adminis- 
 tration, and management of the property of such 
 convict, and the due and proper application of the 
 same, and of the income thereof, and the accumu- 
 lation and investment of such balances, if any, as 
 may from time to time remain in the hands of 
 any such administratsr or interim curator, or 
 other person as aforesaid in respect of such pro- 
 perty ; and so long as any such proceediags shall 
 be pending in any such court, every such adminis- 
 trator or interim curator, or other person, shall act 
 in the exercise of all powers vested in him under 
 this act, or otherwise in all respects as such court 
 shall direct ; and it shall be lawful for such court 
 (if it shall think fit) to authorise and direct any 
 act to be done by any such interim curator which 
 might competently be done by an administrator 
 duly appointed under this act. 
 
 29. Subject to the provisions of this act, every Adminis- 
 such administrator, interim curator, and other per- ^^' '^' 
 
 ■ son as aforesaid shall, from and after the time acoonntaUe 
 when such convict shall cease to be subject to the when pro- 
 operation of this act, be accountable to such con- p^J^ ™' 
 vict for all property of such convict which shall 
 have been by him possessed or received and not 
 duly administered, in the same manner in which 
 any guardian or trustee is now accountable to his 
 ward or cestui que trust; but subject nevertheless 
 and without prejudice to the adioinistration and 
 application of such property under and according 
 to the powers of this act. 
 
 30. Provided always, that no property ac- ^"PfJ/^^f 
 quired by a convict during the time which he qniredwhiie 
 BhaU be lawfully at large under any licence shall S^^j'^^^t^J, 
 vest in any administrator appointed under this beBubjeotto 
 
■448 Evidence Amendment Act, 
 
 the operas act, but sucli oonvict stall be entitled thereto 
 Hon of this ^tjjo,jj. j^^y interference on tbe part of any 
 administrator or interim curator appointed under 
 tbis act, and during the time last aforesaid the 
 •disabilities mentioned in the eighth section of this 
 act shall, as to such convict, be suspended. 
 
 Judgment 31. From and after the passing of this act 
 SghTlason such portions of the acts of the thirtieth year of 
 George the Third, chapter forty-eight, and the 
 fifty-fourth year of George the Third, chapter one 
 hundred and forty-six, as enacts that the judgment 
 required by law to be awarded against persons 
 adjudged guilty of high treason shall include the 
 drawing of the person on a hurdle to the place of 
 execution, and, after execution, the severing of the 
 head from the body, and the dividing of the body 
 into four quarters, shall be and are hereby re- 
 pealed. 
 
 Saving of 32. Provided always, that nothing in this act 
 
 a8°to™eiony. Shall be deemed to alter or in anywise affect the 
 law relating to felony in England, Wales, or Ire- 
 land, except as herein is expressly enacted. 
 
 Extent of 33. This act shall not apply to Scotland, 
 
 act -^^ •' 
 
 EVIDENCE AMENDMENT ACT. 
 
 (33 & 34 Vict. cap. 49.) 
 
 An Act to explain and am^nd " The Evidence 
 Further Amemdm^nt Act, 1869." — \^th August 
 1870.] 
 
 Wheeeas it was enacted by the "Evidence 
 Further Amendment Act, 1869," sect. 4, as 
 follows : 
 
 " If any person called to give evidence in any 
 court of justice, whether in a civil or a criminal 
 
33 # 34 Vict. cap. 49. 449 
 
 proceeding, shall object to take an oath, or shall 
 be objected to as incompetent to take an oath, 
 such person shall, if the presiding judge is satis- 
 fied that the taking of an oath would have no 
 binding effect on his conscience, make the follow- 
 ing promise and declaration : 
 
 " ' I solemnly promise and declare, that the evi- 
 dence given by me to the court shaU be the truth, 
 the whole truth, and nothing but the truth.' 
 
 " And any person who, having made such pro- 
 mise and declaration, shall wilfully and corruptly 
 give false evidence, shall be liable to be indicted, 
 tried, and convicted for perjury as if he had taken 
 an oath : " 
 
 And whereas doubts have arisen as to the ex- 
 tent and meaning of the words " court of justice " 
 and "presiding judge " in the said section : 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. The words "court of justice,'' and the words interpreta- 
 " presiding judge," in sect. 4 of the said Evidence "court of 
 Further Amendment Act, 1869, shall be deemed jastioB" ana 
 to include any person or persons having by law judge "in re- 
 authority to administer an oath for the taking '"'^'* *"'• 
 
 of evidence. 
 
 2. This act may be cited for all purposes as Shon title. 
 "The Evidence Amendment Act, 1870." 
 
 3. This act shall not extend to Scotland. Not to ex- 
 
 tend to Scot- 
 land. 
 
450 The Extradition Act, 
 
 THE EXTEADITION ACT. 
 (33 & 34 VioT. CAP. 52.) 
 
 An Act for amsnding the Law relating to the 
 
 Extradition of Criminals. — \2th August, 1870.] 
 Wheebas it is expedient to amend the law re- 
 lating to ttie surrender to foreign states of persons 
 accused or convicted of the commission of certain 
 crimes within the jurisdiction of such states, and 
 to the trial of criminals surrendered by foreign 
 states to this country : 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and with the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 Freliminary. 
 
 Short title. 1. This act may be cited as "The Extradition 
 
 Act, 1870." 
 Where ar- 2. Where an arrangement has been made with 
 for ^siOTOT- any foreign state with respect to the surrender to 
 der of orimi- gueii state of any fugitive criminals. Her Majesty 
 Order in ' may, by Order in Council, direct that this act 
 counoii to gliall apply in the case of such foreign state. 
 
 Her Majesty may, by the same or any subse- 
 quent order, limit the operation of the order, and 
 restrict the same to fugitive criminals who are in 
 or suspected of being in the part of Her Majesty's 
 dominions specified in the order, and render the 
 operation thereof subject to such conditions, ex- 
 ceptions, and qualifications as may be deemed 
 expedient. 
 
 Every such order shall recite or embody the 
 terms of the arrangement, and shall not remain 
 in force for any longer period than the arrange- 
 ment. 
 
 Every such order shall be laid before both 
 Houses of Parliament within six weeks after it is 
 
33 ^ 34 Vict. cap. 52. 451 
 
 made, or, if Parliament be not then sitting, within 
 six weeks after the then next meeting of Parlia- 
 ment, and shall also be published in the London 
 Gazette. 
 
 3. The following restrictions shall be observed EeBtriotions 
 with respect to the surrender of fugitive cri- o?orim1nafs! 
 minals : 
 
 (1.) A fugitive criminal shall not be surrendered 
 if the offence in respect of which his sur- 
 render is demanded is one of a political 
 character, or if he prove to the satisfaction 
 of the police magistrate or the court be- 
 fore whom he is brought on haheas cor- 
 pus, or to the Secretary of State, that the 
 requisition for his surrender has ia fact 
 been made with a view to try or punish 
 him for an offence of a political character : 
 
 (2.) A fugitive criminal shall not be surren- 
 dered to a foreign state unless provision 
 is made by the law of that state, or by 
 arrangement, that the fugitive criminal 
 shall not, until he has been restored or 
 had an opportunity of returning to Her 
 Majesty's dominions, be detained or tried 
 in, that foreign state for any offence com- 
 mitted prior to his surrender other than 
 the extradition crime proved by the facts 
 on which the surrender is grounded : 
 
 (3.) A fugitive criminal who has been accused 
 of some offence within English jurisdic- 
 tion not being the offence for which his 
 surrender is asked, or is undergoing sen- 
 tence under any conviction in the United 
 Kingdom, shall not be surrendered until 
 after he has been discharged, whether by 
 acquittal or on expiration of his sentence 
 or otherwise : 
 
 (4.) A fugitive criminal shall not be surrendered 
 until the expiration of fifteen days from 
 
452 The Extradition Act, 
 
 the date of his being committed to prison 
 
 to await his surrender. 
 ProvisionBot 4. An Order in Council for applying this act in 
 mintte tlie case of any foreign state shall not be made 
 surrender, unless the arrangement — 
 
 (1.) provides for the determination of it by 
 
 either party to it after the expiration of a 
 
 notice not exceeding one year ; and, 
 (2.) is in conformity with the provisions of this 
 
 act, and in particular with the restrictions 
 
 on the surrender of fugitive criminals 
 
 contained in this act. 
 
 Publication 5. When an order applying this act in the case 
 OTder"^"' "' °^ ^'ly foreign state has been published in the 
 London Gazette, this act (after the date specified 
 in the order, or if no date is specified, after the 
 date of the publication,) shall, so long as the 
 order remains in force, but subject to the limita- 
 tions, restrictions, conditions, exceptions, and 
 qualifications, if any, contained in the order, apply 
 in the case of such foreign state. An Order in 
 Council shall be conclusive evidence that the 
 arrangement therein referred to complies with the 
 requisitions of this act, and that this act applies 
 in the case of the foreign state mentioned in the 
 order, and the validity of such order shall not be 
 questioned in any legal proceedings whatever. 
 LiabUity of 6. Where this act applies in the case of any 
 sumnder." foreign state, every fugitive criminal of that state 
 who is in or suspected of being in any part of Her 
 Majesty's dominions, or that part which is speci- 
 fied in the order applying this act (as the case may 
 be), shall be liable to be apprehended and surren- 
 dered in manner provided by this act, whether the 
 crime in respect of which the surrender is sought 
 was committed before or after the date of the 
 order, and whether there is or is not any concur- 
 rent jurisdiction in any court of Her Majesty's 
 dominions over that crime. 
 
33 ^ 34 Vict. cap. 52. 453 
 
 7. A requisition for the surrender of a fugitive Order of Sec- 
 criminal of any foreign state, who is in or sus- ™tat7for 
 pected of being in the United Kingdom, shall be issue ot war- 
 made to a Secretary of State by some person re- united 
 cognised by the Secretary of State as a diplomatic ^^^^i™not 
 representative of that foreign state. A Secretary of a political 
 of State may, by order under his hand and seal, " '"'*°'*'"- 
 signify to a police magistrate that such requisition 
 
 has been made, and require him to issue his war- 
 rant for the apprehension of the fugitive criminal. 
 If the Secretary of State is of opinion that the 
 offence is one of a political character, he may, if 
 he think fit, refuse to send any such order, and 
 may also at any time order a fugitive criminal 
 accused or convicted of such offence to be dis- 
 charged from custody. 
 
 8. A warrant for the apprehension of a fugitive issue of war- 
 criminal, whether accused or convicted of crime, pouee ma- 
 who is in or suspected of being in the United ^strate. jus- 
 Kingdom, may be issued — *"'°' "' 
 
 (1.) by a police magistrate on the receipt of the 
 
 said order of the Secretary of State, and on 
 
 such evidence as would in his opinion justify 
 
 the issue of the warrant if the crime had 
 
 been committed or the criminal convicted in 
 
 England ; and 
 
 (2.) by a police magistrate or any justice of the 
 
 peace in any part of the United Kingdom, 
 
 on such information or complaint and such 
 
 evidence or after such proceedings as would 
 
 in the opinion of the person issuing the 
 
 warrant justify the issue of a warrant if the 
 
 crime had been committed or the criminal 
 
 convicted in that part of the United Kingdom 
 
 in which he exercises jurisdiction. 
 
 Any person issuing a warrant under this section 
 
 without an order from a Secretary of State shall 
 
 forthwith send a report of the fact of such issue, 
 
 together with the evidence and information or 
 
454 The Extradition Act, 
 
 complaint, or certified copies thereof, to a Secre- 
 tary of State, wlio may if lie think fit order the 
 warrant to be cancelled, and the person who has 
 been apprehended on the warrant to be dis- 
 charged. 
 
 A fugitive criminal, when apprehended on a 
 warrant issued without the order of a Secretary of 
 State, shall be brought before some person having 
 power to issue a warrant under this section, who 
 shall by warrant order him to be brought and the 
 prisoner shall accordingly be brought before a 
 police magistrate. 
 
 A fugitive criminal apprehended on a warrant 
 issued without the order of a Secretary of State 
 shall be discharged by the police magistrate, unless 
 the police magistrate, within such reasonable 
 time as, with reference to the circumstances of 
 the case, he may fix, receives from a Secretary of 
 State an order signifjring that a requisition has been 
 made for the surrender of such criminal. 
 
 Hearing of 9- When a fugitive criminal is brought before 
 case and evi- the police magistrate, the police magistrate shall 
 political oha- hear the case in the same manner, and have the 
 crime "' same jurisdiction and powers, as near as may be, 
 as if the prisoner were brought before him charged 
 with an indictable offence committed in England. 
 The police magistrate shall receive any evi- 
 dence which may be tendered to show that the 
 crime of which the prisoner is accused or alleged 
 to have been convicted is an offence of a political 
 character or is not an extradition crime. 
 
 Committal 10- In the case of a fugitive criminal accused 
 or di?<=ii^|e of an extradition crime, if the foreign warrant 
 " ^™ ' authorising the arrest of such criminal is duly 
 authenticated, and such evidence is produced as 
 (subject to the provisions of this act) would, 
 according to the law of England, justify the com- 
 mittal for trial of the prisoner if the crime of 
 which he is accused had been committed in 
 
33 ^ 34 Vict. cap. 52. 455 
 
 England, the police magistrate shall coinmit him 
 to prison, but otherwise shall order him to be 
 discharged. 
 
 In the case of a fugitive criminal alleged to have 
 been convicted of an extradition crime, if such 
 evidence is produced as (subject to the provisions 
 of this act) would, according to the law of England, 
 prove that the prisoner was convicted of such 
 crime, the police magistrate shall commit him to 
 prison, but otherwise shall order him to be dis- 
 charged. 
 
 If he commits such criminal to prison, he shall 
 commit him to the Middlesex House of Detention, 
 or to some other prison ia Middlesex, there to 
 await the warrant of a Secretary of State for his 
 surrender, and shall forthwith send to a Secre- 
 tary of State a certificate] of the committal, and 
 such report upon the case as he may think fit. 
 
 11. If the police magistrate commits a fugitive SnirenderDf 
 criminal to prison, he shall inform such criminal foSig™ state 
 that he will not be surrendered until after the *[ g™^^*"^ 
 expiration of fifteen days, and that he has a right of State, 
 to apply for a writ of habeas corpus. 
 
 Upon the expiration of the said fifteen days, or, 
 if a writ of habeas corpus is issued, after the deci- 
 sion of the court upon the return to the writ, as 
 the case may be, or after such further period as 
 may be allowed in either case by a Secretary of 
 State, it shall be lawful for a Secretary of State, 
 by warrant under his hand and seal, to order the 
 fugitive criminal (if not delivered on the decision 
 of the court) to be surrendered to such person as 
 may in his opinion be duly authorised to receive 
 the fugitive criminal by the foreign state from 
 which the requisition for the surrender proceeded, 
 and such fugitive criminal shall be surrendered 
 accordingly. 
 
 It shall be lawful for any person to whom such 
 warrant is directed and for the person so autho- 
 
456 The Extradition Act, 
 
 rised as aforesaid to receive, hold in custody, and 
 convey witMn the jurisdiction of such, foreign 
 state the criminal mentioned in the warrant ; and 
 if the criminal,escapes out of any custody to which 
 he may be delivered on or in pursuance of such 
 warrant, it shall be lawful to retake him in the 
 same manner as any person accused of any crime 
 against the laws of that part of Her Majesty's 
 dominions to which he escapes may be retaken 
 upon an escape. 
 
 Discharge of 12. If the fugitive criminal who has been com- 
 prehendedif niitted to prison is not surrendered and conveyed 
 "o*"™- .out of the United Kingdom within two months 
 United after such committal, or, if a writ of habeas cofpus 
 wiMn°two ^^ issued, after the decision of the court upon the 
 months. return to the writ, it shall be lawful for any judge 
 of one of Her Majesty's Superior Courts at West- 
 minster, upon application made to him by or on 
 behalf of the criminal, and upon proof that reason- 
 able notice of the intention to make such applica- 
 tion has been given to a Secretary of State, to 
 order the criminal to be discharged out of custody, 
 unless sufficient cause is shown to the contrary. 
 
 Execution of 13. The warrant of the police magistrate issued 
 pSice"' ° i^ pursuance of this act may be executed in any 
 magistrate, part of the United Kingdom in the same manner 
 as if the same had been originally issued or sub- 
 sequently indorsed by a justice of the peace having 
 jurisdiction in the place where the same is exe- 
 cuted. 
 
 Depositions 14. Depositions or statements on oath, taken 
 d'encV;"'&7 ^° * foreign state, and copies of such original 
 Vict i. 76. depositions or statements, and foreign certificates 
 of or judicial documents stating the fact of con- 
 viction, may, if duly authenticated, be received in 
 evidence in proceedings under this act. 
 
 Authentioa- 15. Foreign warrants and depositions or state- 
 Stions imd"' ments on oath, and copies thereof, and certificates 
 
33 ^ 34 Vict. cap. 52. 457 
 
 of or judicial documents stating the fact of a con- warrants. 
 viotion, stall be deemed duly authenticated f or o'iIl" ^'°*' 
 the purposes of this act if authenticated in 
 manner provided for the time being by law or 
 authenticated as foUoWs : 
 
 (1.) If the warrant purports to be signed by a 
 judge, magistrate, or oflScer of the foreign 
 state where the same was issued ; 
 (2.) If the depositions or statements or the 
 copies thereof purport to be certified 
 under the hand of a judge, magistrate, 
 or ofiBoer of the foreign state where the 
 same were taken to be the original depo- 
 sitions or statements, or to be true copies 
 thereof, as the case may require ; and 
 (3.) If the certificate of or judicial document 
 stating the fact of conviction purports to 
 be certified by a judge, magistrate, or 
 ofScer of the foreign state where the 
 conviction took place ; and 
 if in every case the warrants, depositions, state- 
 ments, copies, certificates, and judicial documents 
 (as the case may be) are authenticated by the 
 oath of some witness or by being sealed with the 
 official seal of the minister of justice, or some 
 other minister of state : And all courts of justice, 
 justices, and magistrates shall take judicial notice 
 of such official seal, and shall admit the docu- 
 ments so authenticated by it to be received in 
 evidence without further proof. 
 
 Crimes committed at Sea. 
 16. Where the crime in respect of which the JarisdioHon 
 
 T - (..,. ' • 1 . ■ -li as to cnmes 
 
 surrender of a fugitive criminal is sought was committed 
 committed on board any vessel on the high seas ** ^^*- 
 which comes into any port of the United King- 
 dom, the following provisions shall have effect : 
 1. This act shall be construed as if any stipen- 
 diary magistrate in England or Ireland, and 
 any sheriff or sheriff substitute in Scotland, 
 
458 The Extradition Act, 
 
 were substituted for the police magistrate 
 tliroughout this act, except the part rela- 
 ting to the execution of the warrant of the 
 police magistrate : 
 
 2. The criminal may be comnjitted to any 
 
 prison to which the person committing him 
 has power to commit persons accused of the 
 ILke crime : 
 
 3. If the fugitive criminal is apprehended on a 
 
 warrant issued without the order of a Se- 
 cretary of State, he shall be brought before 
 the stipendiary magistrate, sheriff, or sheriff 
 substitute who issued the warrant, or who 
 has jurisdiction in the port where the vessel 
 lies, or in the place nearest to that port. 
 
 Fugitive Criminals in British Possessions. 
 P™o«8d™gs 17. This act, when applied by Order in Council, 
 tive orimi- shall, unless it is otherwise provided by such 
 British pos- °'der, extend to every British possession in the 
 same manner as if throughout this act the British 
 possession were substituted for the United King- 
 dom or England, as the case may require, but 
 with the following modifications ; namely, 
 
 (1.) The requisition for the surrender of a fugi- 
 tive criminal who i§ in or suspected of 
 being in a British possession may be made 
 to the governor of that British posses- 
 sion by any person recognised by that 
 governor as a consul general, consul, or 
 vice-consul, or (if the fugitive criminal 
 has escaped from a colony or dependency 
 of the foreign state on behalf of which 
 the requisition is made) as the governor 
 of such colony or dependency : 
 (2.) No warrant of a Secretary of State shall be 
 required, and all powers vested in or acts 
 authorised or required to be done under 
 this act by the police magistrate a.fld the 
 Secretary of State, or either of them, in 
 
33 ^- 34 Vict. cap. 52. 459 
 
 relation to the surrender of a fugitive 
 criminal, may be done by the governor of 
 the British possession alone : 
 
 (3.) Any prison in the British possession may 
 be substituted for a prison in Middlesex : 
 
 (4.) A judge of any court exercising in the 
 British possession the like powers as the 
 Court of Queen's Bench exercises in 
 England may exercise the power of dis- 
 charging a criminal when not conveyed 
 within two months out of such British 
 possession. 
 
 18. If by any law or ordinance, made before or Saving o' 
 after the passing of this act by the Legislature of HsrpoL^i' 
 any British possession, provision is made for carry- sioi^. 
 ing into effect within such possession the surrender 
 
 of fugitive criminals who are in or suspected of 
 being in such British possession, Her Majesty may, 
 by the Order in OouncU applying this act in the 
 case of any foreign state, or by any subsequent 
 order, either 
 
 suspend the operation within any such British 
 possession of this act, or of any part thereof, 
 so far as it relates to such foreign state, and 
 so long as such law or ordinance continues 
 in force there, and no longer ; 
 or direct that such law or ordinance, or any 
 part thereof, shall have effect in such British 
 possession, with or without modifications and 
 alterations, as if it were part of this act. 
 
 General Provisions. 
 
 19. Where, in pursuance of any arrangement Criminal 
 with a foreign state, any person accused or con- bylorelgn ^ 
 victed of any crime which, if committed in state not 
 England, would be one of the crimes described previous 
 
 in the first schedule to this act is surrendered by ""^^ 
 that foreign state, such person shall not, until he 
 has been restored or had an opportunity of rer 
 turning to such foreign state, be triable or tried 
 X 2 
 
460 The Extradition Act, 
 
 for any offence committed prior to the surrender 
 in any part of Her Majesty's dominions other 
 than such of the said crimes as may be proved by 
 the facts on which the surrender is grounded. 
 As to use of 20. The forms set forth in the second schedule 
 secondsone- to tHs act, or forms as near thereto as circum- 
 '*"'«■ stances admit, may be used in all matters to which 
 
 such forms refer, and in the case of a British 
 possession may be so used, mutatis mutandis, and 
 when used shall be deemed to be valid and suffi- 
 cient in law. 
 Bevooation, 21. Her Majesty may, by Order in Council, 
 in OounoiL revoke or alter, subject to the restrictions of thia 
 act, any Order in OouncU. made in pursuance of 
 this act, and all the provisions of this act with 
 respect to the original order shall (so far as appli- 
 cable) apply, mutatis mutandis, to any such new 
 order. 
 Application 22. This act (except so far as relates to the 
 Channel execution of warrants in the Channel Islands) 
 Islands and g]iall extend to the Channel Islands and Isle of 
 Man in the same manner as if they were part of 
 the United Kingdom ; and the royal courts of the 
 Channel Islands are hereby respectively authorised 
 and required to register this act. 
 
 Saving for 23. Nothing in this act shall affect the lawful 
 treaties. powers of Her Majesty or of the Governor General 
 of India in Council to make treaties for the 
 extradition of criminals with Indian native states, 
 or with other Asiatic states conterminous with 
 British India, or to carry into execution the pro- 
 visions of any such treaties made either before or 
 after the passing of this act. 
 
 Power of 24. The testimony of any witness may be ob- 
 
 to o"tai^'°'*° tained in relation to any criminal matter pending 
 evidence in in any court or tribunal in a foreign state in like 
 Kingdom, manner as it may be obtained in relation to any 
 civil matter under the act of ^ the session of the 
 
33 ^ 34 Vict. cap. 52. 461 
 
 nirieteenth and twentieth years of tlie reign of 
 Her present Majesty, chapter one hundred and 
 thirteen, intituled " An Act to provide for taking 
 evidence in Her Majesty's dominions in relation 
 to civil and commercial matters pending before 
 foreign tribunals ;" and all the provisions of 
 that act shall be construed as if the term civil 
 matter included a criminal matter, and the term 
 cause included a proceeding against a criminal : 
 Provided that nothing in this section shall apply 
 in the case of any criminal matter of a political 
 character. 
 
 25. For the purposes of this act, every colony, Foreign 
 dependency, and constituent part of a foreign state, °J*J? ""r 
 and every vessel of that state, shall (except pendencies, 
 where expressly mentioned as distinct in this act) 
 
 be deemed to be within the jurisdiction of and to 
 be part of such foreign state. 
 
 26. In this act, unless the context otherwise Definition ot 
 requires,— '*™^- 
 
 The term "British possession" means any "British 
 colony, plantation, island, territory, or settle- P™«^^'o°=" 
 ment within Her Majesty's dominions, and 
 not within the United Kingdom, the Channel 
 Islands, and Isle of Man ; and all colonies, 
 plantations, islands, territories, and settle- 
 ments under one legislature, as hereinafter 
 defined, are deemed to be one British posses- 
 sion : 
 
 The term "legislature" means any person or"Legi8ia- 
 persons who can exercise legislative authority '"™' ' 
 in a British possession, and where there are 
 local legislatures as well as a central legis- 
 lature, means the central legislature only : 
 
 The term "governor" means any person or "Gover- 
 
 persons administering the government of a "'"'•" 
 
 British possession, and includes the governor 
 
 of any part of India : 
 
 The term "extradition crime" means a crime "Extradi- 
 tion crime:" 
 
462 
 
 The Extfadiiion Act, 
 
 "Conyic- 
 tion :" 
 
 " Fogitive 
 criminal :" 
 
 " Fugitive 
 criminal of 
 a foreign 
 state :" 
 
 " Secretary 
 of State ;" 
 
 " Police 
 magistrate;' 
 
 "Justice of 
 the peace;" 
 
 ' Warrant" 
 
 wHcli, if committed in England or within 
 English jurisdiction, would be one of the 
 crimes described in the first schedule to this 
 act : 
 
 The terms "conviction" and "convicted" do 
 not include or refer to a conviction which 
 under foreign law is a conviction for con- 
 tumacy, but the term "accused person" in- 
 cludes a person so convicted for contumacy : 
 
 The term " fugitive criminal" means any person 
 accused or convicted of an extradition crime 
 committed within the jurisdiction of any 
 foreign state who is in or is suspected of being 
 in some part of Her Majesty's dominions; 
 and the term " fugitive criminal of a foreign 
 state" means a fugitive criminal accused or 
 convicted of an extradition crime committed 
 within the jurisdiction of that state : 
 
 The term " Secretary of State " means one of 
 Her Majesty's principal Secretaries of State : 
 
 The term "police magistrate" means a chief 
 magistrate of the metropolitan police courts, 
 or one of the other magistrates of the metro- 
 politan police-court in Bow-street : 
 
 The term "justice of the peace" includes in 
 Scotland any sheriff, sheriff's substitute, or 
 magistrate : 
 
 The term "warrant," in the case of any foreign 
 state> includes ainy judicial document autho- 
 rising the arrest of a person accused or 
 convicted of crime. 
 
 Bepeal of 
 acts in 
 third sche- 
 dule. 
 
 Repeal of Acts. 
 
 27. The acts specified in the third schedtde to 
 this act are hereby repealed as to the whole of 
 Her Majesty's dominions ; and this act (with the 
 exception of anything contained in it which is in- 
 consistent with the treaties referred to in the acts 
 so repealed) shall apply (as regards crimes com- 
 mittal either before or after the passing of this 
 
33 ^ 34 Vict, cap. 62. 463 
 
 act), in the case of tlie foreign states with which 
 those treaties are made, in the same manner as if 
 an Order in Council referring to such treaties had 
 been made in pursuance of this act, and as if such 
 order had directed that every law and ordinance 
 which is in force in aay British possession with 
 respect to such treaties should have effect as part 
 of this act. 
 
 Provided that if any proceedings for or in rela- 
 tion to the surrender of a fugitive criminal have 
 been commenced under the said acts previously to 
 the repeal thereof, such proceedings may be com- 
 pleted, and the fugitive surrendered, in the same 
 manner as if this act had not passed.. 
 
 SOHEDULES. 
 
 PiEST Sohedui;k. 
 
 List of Crimes. 
 
 The following list of crimes is to be constrned according 
 to the law existing in England, or in a British possession, 
 (as the case may be,) at the date of the alleged crime, 
 whether by common law or by statute made before or after 
 the passing of this act : 
 Murder, and attempt and conspiracy to murder, 
 manslaughter. 
 Oonnterieiting and altering money and uttering counterfeit 
 
 or altered money. 
 Forgery, counterfeiting, and altering, and uttering what is 
 
 forged or counterieited or altered. 
 Embezzlement and larceny. 
 Obtaining money or goods by false pretences. 
 Crimes by bankrupts against bankruptcy law. 
 Fraud by a bailee, banker, agent, factor, trustee, or 
 
 director, or member, or public officer of any company 
 
 made criminal by any act for the time being in force. 
 Bape. 
 Abduction. 
 Child stealing. 
 Burglary and housebreaking. 
 Arson. 
 
 Eobbery with violence. 
 
 Threats by letter or otherwise with intent to extort. 
 Piracy by law of nations. 
 Sinking or destroying a vessel at sea, or attempting or 
 
 conspiring to do so. 
 
464 The Extraditidn Act, 
 
 Assaults on board a ship on the high seas with intent to 
 destroy life or to do grievous bodily harm. 
 
 Kevolt or conspiracy to revolt by two or more persons on 
 board a ship on the high seas against the authority or 
 the master. 
 
 Second Schedhle. 
 Form of Order of Secretary of State to the Police Magistrate. 
 To the chief magistrate of the metropolitan police courts 
 
 or other magistrate of the metropolitan police court in 
 
 Bow-street [or the stipendiary magistrate at ]. 
 
 Whereas, in pursuance of an arrangement with _ , 
 
 referred to in an Order of Her Majesty in Council dated 
 the day of , a requisition has been made to 
 
 me, , one of Her Majesty's principal Secretaries of 
 
 State, by , the diplomatic representative of , 
 
 for the surrender of , late of , accused [or 
 
 convicted] of the commission of the crime of 
 within the jurisdiction of : Now I hereby, by 
 
 this my order under my hand and seal, signify to you that 
 such requisition has been made, and require you to issue 
 your warrant for the apprehension of such fugitive, pi'o- 
 vided that the conditions of the Extradition Act, 1870, 
 relating to the issue of such warrant, are in your judgment 
 complied with. 
 
 Given under the hand and seal of the undersigned, one 
 
 of Her Majesty's principnl Secretaries of State, 
 
 this day of 18 . 
 
 Form of Warrant of Apprehension hy Order of Secretary of 
 
 State. 
 
 Metropolitan police ("To all and each of the constables of the 
 district, [or county or) metropolitan police force [or of the 
 borough of ] to wit (. county or borough of ]. 
 
 Whereas the Eight Honourable one of Her 
 
 Majesty's principal Secretaries of State, by order under bis 
 hand and seal, hath signified to me that requisition hath 
 been duly made to him for the surrender of late 
 
 of accused [or convicted! of the commission of the 
 
 crime of within the juris(uction of r This is 
 
 therefore to command you in Her Majesty's name forthwith 
 to apprehend the said pursuant to the Extradition 
 
 Act, 1870, wherever he may be found in the United King- 
 dom or Isle of Man, and bring him before me or some other 
 [•magistrate sitting in this court], to show cause why he 
 should not be surrendered in pursuance of the said Extra- 
 dition Act, for which this shall be your warrant. 
 
 Given under my hand and seal at [•Bow-street, one of 
 
 the police courts of the metropolis] this day 
 
 of 18 . 
 
 J. P. 
 • Note. — Alter as required. 
 
33 ^ 34 Vict. cap. 52. 4B5 
 
 Farm of Warrant of Apprthetaion without Order of /Secretary 
 
 of State. 
 Metropolitan police ( To all and each of the constables of the 
 diBtrict, [or county or ' metropolitan police force [or of the 
 borough of ] to wit ( county or boroUgh of ]. 
 
 Whereas it has been shown to the undersigned, one of Her 
 
 Majesty's justices of the peace in and for the metropolitan 
 
 police district [or the said county or borough of |] 
 
 that late of is accused [or convicted] of the 
 
 commission of the crime of within the jurisdiction of 
 
 : This is therefore to command you in Her Majesty's 
 
 name forthwith to apprehend the said and to bring 
 
 him before me or some other magistrate sitting at this court 
 
 for one of Her Majesty's justices of the peace in and for the 
 
 county [or borough] of ] to be further dealt with 
 
 according to law, for which this shall be your warrant. 
 
 Given under my hand and seal at Bow-street, one of 
 
 the police courts of the metropolis, [or in 
 
 the county or borough aforesaid! this day 
 
 of 18 . J. P. 
 
 Firrm of Warrarafor bringing Prisoner iefore the Police 
 Magistrate. 
 
 County [or i To constable of the police force 
 
 borough] } of and to all other peace ofScers in 
 
 of to wit ( the said county [or boronght of 
 
 Whereas late of accused [or alleged to be 
 
 convicted of] the commission of the crime of within 
 
 the jurisdiction of has been apprehended and brought 
 
 before the undersigned, one of Her Majesty's justices of the 
 peace in and for the said county [or borough] of 
 And whereas by the Extradition Act, 1870, he is required 
 to be brought before the chief magistrate of the metropolitan 
 police court, or one of the police magistrates of the metro- 
 polis sitting at Bow-street, within the metropolitan police 
 district [or the stipendiary magistrate for ] : This 
 
 is therefore to command you the said constable in Her 
 Majesty's name forthwith to take and convey the said 
 to the metropolitan police district [or the said 
 ] and there carry him before the said chief magis- 
 trate or one of the police magistrates of the metropoh's 
 sitting at Bow-street within the said district [oo- before a 
 stipendiary magistrate sitting in the said ] to show 
 
 cause why he should not be surrendered in pursuance of 
 the Extradition Act, 1870, and otherwise to be dealt with 
 in accordance with law, for which this shall be your warrant. 
 Given under my hand and seal at in the county 
 
 [or borough] aforesaid, this day of 18 . 
 
 X 3 
 
iM The Extradition Act. 
 
 Fotm of Warrant of Com/mttal. 
 
 ,To one of the constables of the 
 
 Metropolitan police I metropolitan police force, [w of the 
 
 •*- the . 
 
 Be it remembered that on this day of m 
 
 the year of our Lord late Of is brought before 
 
 me the chief magistrate of the metropolitan police 
 
 courts [or one of the police magistrates of the meoropolis] 
 sitting at the police Court in Bow-street, within the metro- 
 politan police district, [or a stipendiary magistrate for 
 ,] to show cause why he should not be surren- 
 dered in pursuance of the Extradition Act, 1870, on the 
 ground of his being acciised [or conViotedJ of the com- 
 mission of the crime of within the jurisdiction of 
 , and forasmuch as no sufficient cause has been 
 shown to me why he should not be surrendered in pursuance 
 of the said act : 
 
 This is therefore to command you the said constable in 
 Her Majesty's name forthwith to convey and deliver the 
 body of the said into the custody of the said keeper 
 
 of the at , and you the said keeper to receive 
 
 the said into your custody, and him there safely to 
 
 keep until he is thence delivered pursuant to the provisions 
 of the said Extradition Act, for which this shall be your 
 warrant. 
 
 Given under my hand and seal at Bow-s'treet, one of the 
 police courts of the metropolis, [m* at the said 3 
 
 this day of 18 . 
 
 J. P. 
 
 Foitn, of Wan-ant of Secretary of State for Sarrendei- of 
 Fugitive. 
 To the keeper of and to 
 
 "Whereas late of accused [(»• convicted] of 
 
 the commission of the crime of within the jurisdiction 
 
 di , was delivered into the custody of you the 
 
 keeper of by warrant dated pursuant to the 
 
 Extradition Act, 1870: 
 
 Now I do hereby, in pursuance of the said act, order you 
 the said keeper to deliver the body of the said into 
 
 the custody of the said , and I command you the said 
 
 to receive the said into your custody, and 
 
 to convey him within the jurisdiction of the said , 
 
 and there place him in the Custody of any person or persotiS 
 appointed by the said to receive him, for which this 
 
 shall be your warrant. 
 
 Given undter the hand and seal ot the lind^rsigned 
 'one of Her Majesty's principal Secretaries of State' 
 this day of 
 
33 ^ U net. cap. h8. 
 Third Soheddxb. 
 
 467 
 
 Tear and Ohapter. 
 
 TiUe. 
 
 6 & 7 Viot. 0. 75 
 
 6 & 7 Viot. 0. 76 
 
 8 & 9 Viot o. 120 
 
 25 & 26 Viot. 0. 70 
 
 29 &30Viot. 0.121 
 
 An Aot for giving effect to a oouven- 
 tion between Her Majesty and the 
 King of iJie French for the apprehen- 
 sion of certain offenders. 
 
 An Act for giving effect to a treaty 
 between Her Majesty and the United 
 States of America for the apprehension 
 of certain offenders. 
 
 An Act for facilitating execution of the 
 treaties with France and the tTnited 
 States of America for the afpprehension 
 of certain offenders. 
 
 An Act for giving effect to a conven- 
 tion between Her Majesty and thd 
 King of Denmark for the mutual sur* 
 render of criminals. 
 
 An Act for the amendment of the law 
 relating to treaties of extradition. 
 
 THE FOEGERY AOT. 
 
 (83 & 34 Vict. cap. 58.) 
 
 An Act to further amend the Law relating to 
 indictable Offences hy Forgery. — [9<A August 
 , 1870.] 
 
 Be it enacted by the Queen's most excellent 
 Majesty, by and witb the advice and consent of 
 the Lords spiritual and temporal, and Commons, 
 in this present Parliament assembled, and by the 
 authority of the same, as follows : 
 
 1. This aot may be cited as " The Forgery Act, Short tifle. 
 1870." 
 
 2. This act shall have effect as one act with the Oonstruotion 
 act described in the schedule to this act, but shall of act. 
 extend to the United Kingdom. 
 
 3. E any person forges or alters, or offers, i^orfery ot 
 
 ■,■ •' ^ 1^ r m 1 ■XT. ' stock oertifl- 
 
 utters, disposes or, or puts on, Jmowmg tne same cates, && 
 
468 The Fdrgery A6t, ' 
 
 to be forged or altered, any stock certificate or 
 coupon, or any document purporting to be a 
 stock certificate or coupon, issued in pursuance of 
 Part V. of the National Debt Act, 1870, or of any 
 former act, — 0/ demands or endeavours to obtain 
 or receive any share or interest of or in any stock 
 as defined in the National Debt Act, 1870, or to 
 receive any dividend or money payable in respect 
 thereof, by virtue of any such forged or altered 
 certificate or coupon, or document purporting as 
 aforesaid, knowing the same to be forged or altered, 
 — with intent in any of the cases aforesaid to de- 
 fraud, he shall be guilty of felony, and being con- 
 victed thereof shall be Kable, at the discretion of 
 the court, to be kept in penal servitude for life or 
 for any term not less than five years, or to be im- 
 prisoned for any term not exceeding two years, 
 with or without hard labour, and with or without 
 solitary confinement. 
 
 PerBonaUon 4. If any person falsely and deceitfully per- 
 "t "t""" "' senates any owner of any share or interest of or in 
 any such stock as aforesaid, or of any such stock cer- 
 tificate or coupon as aforesaid, and thereby obtains 
 or endeavours to obtaia any such stock certificate 
 or coupon,— or receives or endeavours to receive 
 any money due to any such owner, as if such per- 
 son were the true and lawful owner, — ^he shall be 
 guilty of felony, and beiug convicted thereof shall 
 be liable, at the discretion of the court, to be kept 
 in penal servitude for life or for any term not less 
 than five years, or to be imprisoned for any term 
 not exceeding two years, with or without hard 
 labour, and with or without solitary confinement, 
 
 EngraTing 5. K any person, without lawful authority or 
 FOT^tock"" excuse, the proof whereof shaU lie on the party 
 certificates, accused, engraves or makes on any plate, wood, 
 *"■ stone, or other material any stock certificate or 
 
 coupon purporting to be such a stock certificate or 
 coupon as aforesaid, or to be such a stock certifi- 
 
SS ^ Bi Vict: cap. 58. 469 
 
 oate or coupon as aforesaid in blank, or to be a 
 part of such a stock certificate or coupon as afore- 
 Baid,-— or uses any such plate, wood, stone, or 
 other material for the maHng or pointing of any 
 such stock certificate or coupon, or blank stock 
 certificate or coupon as aforesaid, or any part 
 thereof respectively, — or knowingly has in his 
 custody or possession any such plate, wood, stone, 
 or other material, — or knowingly offers, utters, 
 disposes of, or puts off, or has in his custody or 
 possession any paper on which any such blank 
 stock certificate or coupon as aforesaid, or part of 
 any such stock certificate or coupon as aforesaid, 
 is made or printed, — he shall be guilty of felony, 
 and being convicted thereof, shall be liable, at the 
 discretion of the court, to be kept in penal servi- 
 tude for any term not exceeding fourteen years and 
 not less than five years, or to be imprisoned 
 for any term not exceeding two years, with or 
 without hard labour, and with or without solitary 
 confinement. 
 
 6. If any person forges or alters, or offers, utters. Forgery of 
 disposes of, or puts off, knowing the same to be IftrSetoi 
 forged or altered, any certificate or duplicate certi- stocks from 
 ficate required by Part VI. of the National Debt Act, fretod*&?. 
 1870, or by any former like enactment, with intent 
 
 in any of the cases aforesaid to defraud, he shall 
 be guilty of felony, and being convicted thereof 
 shall be liable, at the discretion of the court, to be 
 kept in penal servitude for life, or for any term 
 not less than five years, or to be imprisoned for 
 any term not exceeding two years, with or without 
 hard labour, and with or without solitary confine- 
 ment. 
 
 7. Sections two and four and aU provisions rela- Extension of 
 tive thereto of the act described in the schedule |.o°g|j?°lo« 
 to this act, and all enactments amending those to ScotJand. 
 sections and provisions, or any of them, shall 
 
 extend to Scotland. 
 
' 470 The Forgery Act. 
 
 Alteration 8. In the application to Scotland of this act, and 
 land. of the enactments by this act extended to Scot- 
 
 land, the term " high crime and offence " shall be 
 substituted for the term " felony." 
 
 THE SCHEDULE. 
 Act referred to. 
 21 & 25 Yiot. c. 98, — An Act to consolidate and amend 
 the statute law of England and Ireland, relating to indict- 
 able offences by forgery. 
 
INDEX. 
 
 ABANDONING CHILD: 
 whereby its lite is endangered, or Its health permanently 
 injured ■ page 207 
 
 ABDTTOTION : 
 
 of a woman against her Wish from motives of lucre 220 
 
 of a girl under sixteen years of age «. ...222 
 
 ABETTORS : 
 
 statute relating to 1 
 
 as to, in misdemeanors 4 
 
 punishment of, upon summary conviction under the Malicious 
 
 Injuries Act 130 
 
 punishment of, in certain misdemeanors under Forgery Act 172 
 
 in misdemeanors, how punishable 83 
 
 in offences punishable upon summary conviction, how punish- 
 able 83 
 
 ABOBTION : 
 procuring drugs, instruments, &c. to cause abortion... ... 225 
 
 attempts to procure 225 
 
 ABOLITION OP IMPRISONMENT FOB DEBT ACT : 
 offences nnder 401, 416 
 
 ACOESSOELESi , 
 
 statute relating to 1 
 
 before the fact, may be indicted, tried, &0, as it a principal felon 1 
 cannot be iadictea as such unless felony actually committed 2 
 as to offences committed within the jurisdiction of the 
 
 Admiralty 4 
 
 how punished for offences under the Malicious Injuries to 
 
 Property Act 128 
 
 in forgery, punishment -of 171 
 
 before the fact, how punishable 82 
 
 in coin oftences, punishment of ... 193 
 
 punishment of, under the Offences against the Person Act ... 229 
 
 AOCOUNTANT-GBNEBAL : 
 forgery of proceedings connected with ... 161 
 
 ACCUSING OF GIUME: 
 with intent to extort ... ... 51 
 
 ACKNOWLEDGMENT : 
 fraudulent acknowledgement of bail, &c. 161 
 
 ACTION: 
 
 'Venue in, imder Larceny Act 91 
 
 notice of , 92 
 
 general issue 92 
 
 venue in, tander Coinage Act 191 
 
 notice of, in actions under Coinage Act 192 
 
 general issue in 192 
 
 tender of amends 192 
 
26 
 
 472 Index. 
 
 ACTION (NOTICE OF): ^„ 
 
 as to, under the Malicious Injuries Act /"^^ '■'''> 
 
 ADDKESSBS OP COUNSEL: 
 upon the trial of an indictment °^' 
 
 ADMINISTBATOES OF CONVICT'S PEOPBRTT: 
 
 OroTTii may appoint ... ^^* 
 
 remuneration of ... *^q 
 
 convict's property vested in AaQ_li9 
 
 duties and rigtts, of ... , ^raj^ 
 
 how required to account **"' "' 
 
 ADMIEALTT: 
 as to offences committed within the jurisdiction of ... _ ... Ha 
 as to offences against the Malicious Injuries Act, within the 
 
 jurisdiction of _ ... _ J^|° 
 
 as to trial of offences of perjury within jurisdiction of the ... 172 
 
 trial of coin offences 1^3 
 
 offences under the Offences against the Person Act com- 
 mitted within the jurisdiction of 230 
 
 false oath taken before registrar, perjury 235 
 
 ADULTEEEH: 
 
 larceny by 
 
 AFFIDAVIT: 
 
 stealing, &c. 42 
 
 AFFIEMATION: 
 
 of persons in criminal proceedings in lien of oath 236 
 
 AGENTS : 
 
 frauds by 67, 68 
 
 AGGEAVATED ASSAULTS: 
 
 upon a child or female, how to be dealt with ... ... ... 215 
 
 AIDEES : 
 
 punishment of, upon summary conviction under the Malicious 
 
 Injuries Act 130 
 
 AID TO DISOHAEGED PEISONEES: 
 
 the statute as to 240 
 
 funds from which payments provided 242 
 
 ANGLEES : 
 
 when tackle of, may be seized 39 
 
 ANIMALS : 
 
 killing with intent to steal the carcase 31 
 
 stealing, ordinarily kept in confinement, and not the subject 
 of larceny at common law 36 
 
 if found in possession, justice may order restoration ... 37 
 
 APPEAL: 
 
 against a summary conviction under the Larceny Act ... 89 
 
 upon a conviction under the MaUcious Injuries Act ... 132 
 
 APPEEHENSIONi 
 
 of a party offering stolen property 85 
 
 when parties may be ajiprehended without a warrant ... 85 
 
 a person found committing an offence under the Malicious 
 Injuries Act may be apprehended without a warrant ... 130 
 
 of persona committing offences under Coinage Act 191 
 
Index. 473 
 
 APPEENTIOE: 
 criminal treatment of, Jby master or mistress page 201 
 
 AQUEDUCT : ■ 
 damaging 117 
 
 ABBEST : 
 when parties may be apprehended without a warrant ... 85 
 of persons committing ofiences under Ooinage Act 191 
 
 AEMS, LOADED : 
 what constitutes, under the Offences against the Person Act 204 
 
 AET, WOKKS OP : 
 injuries to 120 
 
 ASSAULT WITH INTENT TO BOB : 
 may be found guilty of, upon an indictment for robbery ... 46 
 
 offence of 48 
 
 by a person armed 49 
 
 by two or more 49 
 
 at time of robbery, beating, &c 49 
 
 ASSAULTS: 
 upon a minister to obstruct his celebrating divine service, or 
 
 the performance of his duty. ... . 211 
 
 by arresting minister whilst engaged in his duties ... '" 212 
 upon a magistrate, on account of his endeavours to prevent 
 
 a wreck of any vessel 'iV2 
 
 with intent to commit a felony 212 
 
 upon a peace officer in the execution of his duty ... ... 212 
 
 upon a person with intent to resist his lawful apprehension... 213 
 npon a person with intent to obstruct the buying or selling 
 
 of or free passage of certain goods ... 213 
 
 npon a seaman to prevent his exercising his calling, &c. ... 214 
 in pursuance of any combination, &c. connected with trade 214 
 
 when, and how to be dealt with summarily 215 
 
 common assaults, how dealt With summanly 215 
 
 aggravated, upon children and females...- 215 
 
 certificate to be given npon conviction, or if not proved, or so 
 
 trifling as not to merit any punishment 216 
 
 a bar to other proceedings ... ... ' 217 
 
 conviction or acijuittal of, no bar to a subsequent indictment 
 
 for manslaughter ... - ... 217 
 
 parties not to deal with charge of title to lands, &c. comes in 
 
 question 218 
 
 assault occasioning actual bodily harm 218 
 
 punishment for common assault upon an indictment ... 218 
 
 upon conviction upon an indictment, the court may order 
 
 payment by defendant of prosecutoi^s costs 233 
 
 may be levied by distress 233 
 
 ATTEMPT : 
 
 to commit larceny, as to 26 
 
 to set fire to a building, &c 103 
 
 to destroy buildings, Sea. by explosive substances 103 
 
 to set fire to crops ... > 109 
 
 to set fire to any mine 113 
 
 to administer poison, shoot, drown, &c.with intent to murder 202 
 to commit murder by any means 203 
 
474 Index. 
 
 ATTEMPT (cmtinmd): 
 
 to choke, suffocate, or strangle i*"?^ 20o 
 
 to procure abortion 225 
 
 ATTEMPTS, see the various heads of subjects. 
 
 ATTESTING WITNESS : 
 when proof by, unnecessary 321 
 
 ATTOENET: 
 frauds by 67, 68 
 
 AUCTION, MOCK: 
 pretended sale at 23 
 
 AUTHORITY FOB PAYMENT OF MONEY, &c. : 
 
 forgery of 166 
 
 BAILEE: • 
 
 fraudulently converting property 26 
 
 what constitutes a conversion 36 
 
 BANK: 
 
 of any river, &0. damaging or destroying 116 
 
 injuring any piles, &c. of 116 
 
 BANKER: 
 frauds by ... ... 67, 68 
 
 BANK NOTES: 
 
 engraving or having plates of 149 
 
 forgery of 146 
 
 engraving any device, &o. of 160 
 
 making frame, mould, &c. for the manufacture of paper for 
 banknotes 161 
 
 BANK OF ENGLAND: 
 
 forging note of 146 
 
 ma&ng or having mould for iuaMng 147 
 
 BANK OF ENGLAND OB lEELAND: 
 embezzlement by officers of 65 
 
 BAB OF TURNPIKE : 
 damaging ... ... ... ■■■ 118 
 
 BARGE : 
 stealing from ... ... ... 57 
 
 BESTIALITY : 
 
 the offence of 227 
 
 attempts to cotundt .> 227 
 
 carnal knowledge, proof of 227 
 
 BATTERY, see " Assaults." 
 
 BEASTS : 
 stealing, ordinarily kept in confinement, and not the subject 
 
 of larceny at common law 36 
 
 unlawfully and maliciously killing, &c, any domestic beast 121 
 
 BIGAMY: 
 
 the offence of ... i, 223 
 
 where offender may be tried „. ... ,_ 224 
 
 BILL OF EXCHANGE: 
 
 forgery of 146 
 
 receivmg or having in possession forged bill of exchange 146 
 
 forgery of , 154 
 
 accepting, &c. by procuration fraudulently ., 156 
 
Index. 475 
 
 BIEDS: 
 stealing, ordinarily kept in confinement, and not the subject 
 
 of larceny at common law page 36 
 
 anlavrfully and maliciously killing, &c. any domestic bird 121 
 
 BIKTHS, see " Eegister of Bikths." 
 
 BIRTH, CONCEALING THE: 
 the offence of 226 
 
 BOAT: 
 stealing from , 57 
 
 BODILY INJURY : 
 inflicting 205 
 
 BODILY HARM : 
 assault occasioning actual bodily harm, punishment of ... 218 
 
 BONDS : 
 
 larceny of , 40 
 
 destruction, &c. Of 40 
 
 forgery of 153 
 
 BRIDGE : 
 damaging 117 
 
 BEOKEE : 
 frauds by 67, 68 
 
 BUILDING : 
 
 stealing metal, wood, glass, &c fixed to 43 
 
 setting flre to 95, 102 
 
 Betting fire to woods in 102 
 
 attempting to set fire to a building, &c. 103 
 
 damaging by explosive substance 103 
 
 rioters demolishing, &c 104 
 
 rioters injuring 105 
 
 tenants of, maOeiously injuring 105 
 
 destroying, &c. with explosive substance with intent to 
 
 commit murder > 202 
 
 placing gunpowder, &c. near to, with intent, &c 209 
 
 BUILDING, PUBLIC: 
 setting fire to 102 
 
 BULL: 
 stealing 31 
 
 BUOYS: 
 removing or destroying 124 
 
 BURGLARY : 
 
 in a church, chapel, or meeting house 53 
 
 by breaking out of a dwelling-house 53 
 
 punishment of burglary 53 
 
 BUYING OR SELLING COUNTERFEIT COIN : 
 the offence of 177 
 
 CALF: 
 stealing 31 
 
 CANAL, NAVIGABLE: 
 
 stealing from vessels on <• — 57 
 
 damaging or destroying any bank, dam, or wall of » 115 
 
 injuring any piles, &c, of 116 
 
476 Index. 
 
 CAPITAL PUNISHMENT: 
 mode of carrying out P^S^ 389-391 
 
 CAPITAL PUNISHMENT WITHIN PEISONS ACT, 1867 : 
 provisions of 389-394 
 
 OAKOASE : 
 killing animals with intenf to steal the carcase 31 
 
 CARRIAGE! 
 
 furiously driving, whereby, &c — •^H 
 
 wilful misconduct of any person having the care of, whereby, 
 &c 211 
 
 CATTLE : 
 killing or maiming 121 
 
 CEETIPIOATB : 
 when to be given, upon the hearing of a charge of assault ... 216 
 to be a bar to other proceedings for the same assault ... 217 
 
 of approval of prisoners' aid societies 241 
 
 of prisonerB' aid societies, how to be granted ... . ... 241 
 
 how to be revoked 242 
 
 CEETIPICATB OF MARRIAGE: 
 forgery of .... ' 162 
 
 CERTIORARI: 
 
 taken away under Larceny Act ... 90 
 
 taken away in certain cases under the Malicious Injuries Act 134 
 
 taken away in cases under the Coinage Act 191 
 
 taken away in Offences Against the Person Act 231 
 
 CHAPEL (see "BniLDiNo"): 
 
 breaking and entering 52 
 
 setting fire to 100 
 
 CHANCERY, COURT OF: 
 
 forgery of proceedings, and process of 161 
 
 CHEMISTS, PHARMACEUTICAL : 
 
 as to exemption of, from serving on juries 295 
 
 CHEQUE:- 
 
 obliterating crossing on 156 
 
 CHILD : 
 
 exposing, whereby life endangered or health permanently 
 
 injured , ... 
 
 
 
 ... 207 
 
 aggravated assault upon, hard to be dealt with 
 
 ... 215 
 
 CHILD, CONCEALING BIRTH OF: 
 
 
 the offence of 
 
 ... ... ... ..< 
 
 ... 226 
 
 CHILD-STEALING: 
 
 
 
 the offence of 
 
 
 
 ... 223 
 
 harbouring stolen child ... 
 
 
 ... 223 
 
 CHLOROFORM : 
 
 
 
 using, with intent, &o. 
 
 ... ..a ... .. 
 
 ... 205 
 
 attempting to use 
 
 ... ... ... .. 
 
 ... 205 
 
 CHOKE: 
 
 
 
 attempts to choke, with intent, 
 
 &0 
 
 ... 206 
 
 CHURCH (see " Buildino ") : 
 
 
 
 breaking and entering 
 
 ... ... ■■• .. 
 
 ... 52 
 
 setting Sre to 
 
 ... . 
 
 ... 100 
 
Iiidex. 477 
 
 CLAIM OF BIGHT : 
 
 as to, upon an information page 30 
 
 with reference to charges of malicious mischief 127 
 
 CLERGYMAN: 
 
 assaulting 211 
 
 OLEBK: 
 
 larceny by 69 
 
 embezzlement by 69 
 
 CLERK TO THE GUARDIANS : 
 
 may be bound over to prosecute in certain cases 232 
 
 CLEEKS TO ATTOENETS : 
 
 as to exemption of, from serving on juries 295 
 
 OLEBK OP THE PEACE: 
 
 duties of, with reference to juries ... 296 
 
 COAOH-HOUSE : 
 
 setting fire to 101 
 
 COAL, see " Obb." 
 COAL MINE : 
 
 setting fire to 113 
 
 conveying water into 114 
 
 CODICIL (see" Will"): 
 forgery of 154 
 
 COIN.: 
 
 interpretation of terms under Coinage Act 174 
 
 counterfeiting gold or silver coin ... ... 175 
 
 colouring counterfeit coin to resemble gold or silver coin ... 176 
 colouring or altering genuine coin to make it pass for a 
 
 higher coin 176 
 
 impairing with intent, &c. ... ' " " 176 
 
 having in possession filings or chippings of gold or silver 
 
 coin 177 
 
 buying or selling counterfeit coin 177 
 
 importing counterfeit coin 178 
 
 exporting counterfeit coin 178 
 
 uttering counterfeit gold or silver coin 179 
 
 uttering, accompanied by possession of other counterfeit coin 179 
 
 uttering after a previous uttering 179 
 
 having three or more pieces of bad coin in' possession with 
 
 intent 180 
 
 second offence a felony 180 
 
 uttering medals as current coin 181 
 
 counterfeiting copper coin 181 
 
 uttering base copper coin... 181 
 
 defacing coin 181 
 
 tendering defaced coin 183 
 
 counterfeiting foreign coin " 183, 185 
 
 bringing same into the kingdom 183 
 
 tendering ... ... ... • • 184 
 
 secondand third offences... • ■ 184 
 
 having more than five pieces of counterfeit foreign coin in 
 
 possession, with intent, &c 18a 
 
 having in possession coining tools 186 
 
478 Index. 
 
 COIN (cmtimied): 
 
 conveying coining tools out of the Mint page 187 
 
 coins suspected tp be counterfeit or diminished may be cut 
 
 by person to whom tendered 188 
 
 as to seizing counterfeit coin 188 
 
 venue in cases of counterfeit coin 190 
 
 proof of coin being counterfeit 190 
 
 where coin not complete ... 191 
 
 apprehension of persons committing offences under Coinage 
 
 let 191 
 
 certiorari taken away in cases under Coinage Act 191 
 
 venue in actions under Coinage Act 191 
 
 notice of action 192 
 
 pleading the general issue 192 
 
 tender ot amends 192 
 
 punishment of principals in the second degree 193 
 
 trial of offences committed within jurisdiction of the 
 
 Admiralty 193 
 
 evidence of a previous conviction 194 
 
 fine and sureties for coinage offences 195 
 
 hard labour for coin offences 196 
 
 solitary confinement for coin offences 196 
 
 costs of prosecutions in coin offences 197 
 
 COINING TOOLS: 
 
 having in possession 186 
 
 conveying tools out of the Mint 187 
 
 COLOUEING OOtTNTEEFEIT OOm: 
 
 as to 175 
 
 to make it pass for coin of a higher value 176 
 
 COLT: 
 stealing 31 
 
 COMBINATION : 
 assault in pursuance of any, connected with tra^e 214 
 
 COMMON ASSAULT : 
 how dealt with summarily 215 
 
 COMPANIES ACT (THE) : 
 offences under 293, 294 
 
 COMPARISON OP HANDWRITING : 
 when permitted ,,. , 321 
 
 COMPENSATION: . 
 to persons defrauded or injured by felony 136 
 
 CONSEEVATOBT: 
 stealing, damaging, &a productions of 48 
 
 C0N8PERACT : 
 
 assault in furtherance of any, connected with trade 114 
 
 to commit murder .., [|] '" 199 
 
 CONSTABLE : 
 
 larceny by 52 
 
 embezzlement by "_' gg 
 
 as to apprehenmng a person loitering at night and suspected 
 
 of any felony against the Larceny Act og 
 
 when he may apprehend a person loitering by night!!! '" 129 
 
Index. 479 
 
 CONSTABLE (continued): 
 may apprehend without a warrant any person found com- 
 mitting an offence under the Malicious Iniuries Act page 130 
 
 assault upon, in the execution of his duty , 211 
 
 power to apprehend certain persons loitering about at night 229 
 power of, under the Poaching Prevention Act... 304 
 
 CONVICT : 
 
 definition of the word in the 33 & 34 Vict c. 23 437 
 
 disability to alienate or sue for property 438 
 
 as to the appointment of administrators to convict's property 438 
 
 CONVICTION : 
 
 to be returned to the quarter sessions 91 
 
 under the Malicious Injuries Act to be returned to the 
 
 Siarter sessions , , 134 
 er Malicious Injuries Act, how proved in evidence ... 134 
 
 for treason or felony causing forfeiture of office 433 
 
 for treason or felony, disabilities arising therefrom ... 433, 434 
 
 COPPER COIN: 
 
 counterfeiting 181 
 
 uttering 182 
 
 COPAKTNEESHIP: 
 
 larceny by members of 400, 401 
 
 embezzlement by 400, 401 
 
 COEN: 
 
 setting fire to 108 
 
 setting fire to stacks of 108 
 
 COEPOEATION : 
 
 members of, frandulently applying property of 72 
 
 keeping false accounts 73 
 
 COSTS : 
 
 of prosecutions in misdemeanors under Larceny Act 98 
 
 of prosecutions of misdemeanors under the Malicious Inju- 
 ries Act 138 
 
 of prosecution for certain misdemeanors in the Forgery Act 173 
 
 in coin prosecutions 197 
 
 upon conviction upon an indictment for an assault the court 
 may order payment by defendant of prosecutor's costs ... 233 
 
 may be levied by distress 233 
 
 of prosecution of misdemeanors nnder the Offences against 
 
 the Person Act 234 
 
 of persons acquitted npon indictments where they have not 
 
 been committed or held to bail 375 
 
 of witness for prisoner who has been bound over 377 
 
 when party convicted of treason or felony may be condemned 
 
 to pay costs of prosecution 434 
 
 how ordered to be paid 434 
 
 COUNSEL : 
 addresses of, npon an indictment 319 
 
 COUNTEEPEIT COIN, see the various heads. 
 
 COHNTEEFEITrNG GOLD OB SILVEE COIN : 
 offence of 175 
 
 COUNTING-HOUSE : 
 breaking into or out of 54 
 
A^! 
 
 480 Index. 
 
 COUBT OP JUSTICE : 
 stealing, &c. any document of PV ™ 
 
 OOUET OF EEOOED: 
 stealing, &c. any document of *^ 
 
 OOUKTS OF LAW: 
 forging documents or pt'oceedings of l*' 
 
 COUBT BOLLS : 
 
 forgery of •" ^"° 
 
 COW: 
 
 stealmg •. °'- 
 
 ifrosBvesssis^^v^jj^^.. ^%M K 57 
 
 JEIMINAL POSSESSIOSy^ 
 
 in forgery, interpretation of 168 
 
 CEIMINALS, see " Habitual Okiminals Act, 1869." 
 CEIMINALS, FUGITIVE: 
 
 provisions of 33 li^ 34 Vict. c. 52 , 450-467 
 
 OEOPS ; 
 
 setting fire to 108 
 
 OUEATOE, INTEEIM: 
 
 as to appointment and removal of 442, 443 
 
 powers and duties of 444, 445 
 
 how required to account 446, 447 
 
 OUETILAGE : 
 
 what buildings within 53 
 
 breaking into a building within, and committing a felony ... 54 
 DAM: 
 
 of any river, &c. damaging or destroying .. 116 
 
 injuring any piles, &c. of 116 
 
 DAMAGE: 
 
 to any mine 114 
 
 DEALEES IN OLD METAL: 
 
 provision as to 237-239 
 
 DEATH, SENTENCE OP : 
 
 how to be executed 198, 199 
 
 mode of carrying out punishment of 389-394 
 
 DEATHS, see "Begistee op Deaths." 
 DEBENTUEES : 
 
 forgery of 157 
 
 DEBTOES' ACT, 1869 : 
 
 offences under 401-416 
 
 DEOLABATION: 
 
 of juror who objects to be sworn 380 
 
 in lien of oath 448, 449 
 
 DEOLABATION OP TITLE ACT (25 & 26 Vict. c. 67): 
 
 offences under 274, 275 
 
 DEEDS : 
 
 stealing, destroying, &c; ... "... 41 
 
 forgery of 153 
 
 forgery of matters connected with the registry of 169 
 
Index. 481 
 
 DEEB: 
 
 stealing in an inclosed part of a forest page 32 
 
 stealing in any inclosed ground 32 
 
 suspected persons found in possession of venision, &c. and 
 
 not satisfactorily accounting for it 33 
 
 setting engines for taking -deer 34 
 
 unlawfully destroying fences 33 
 
 keepers may seize guns, &c ... 34 
 
 penalty for resisting keepers 34 
 
 DEFACING COIN : 
 
 the offence of 182 
 
 tendering defaced coin 183 
 
 DEFILEMENT OF A GIRL: 
 
 procuring the 219 
 
 DEFRAUD : 
 intefit to, as regards particular persons, need not be stated in 
 
 an indictment under Malicious Injuries Act 129 
 
 DEPOSITION : 
 
 stealing, &o. 42 
 
 power to take deposition of a witness who is ill ... 378-380 
 
 DIRECTORS OP COMPANIES: 
 
 fraudulently applying property of company 72 
 
 keeping false accounts 73 
 
 destroying, altering, &c. books ... 73 
 
 making fraudulent statements 73 
 
 DISCHARGED PRISONERS, AID TO : 
 
 the statute 25 & 26 Vict. c. 44 240 
 
 funds from which payments provided 242 
 
 DIVIDEND WARRANT: 
 
 clerk in Sank of England making out false diridend warrant 142 
 DOCK: 
 
 stealing from 57 
 
 "DOCUMENT OF TITLE TO GOODS": 
 interpretation of 22 
 
 "DOCUMENT OP TITLE TO LANDS": 
 
 interpretation of 22 
 
 stealing, destroying, &c 41 
 
 DOOUMENTABT EVIDENCE ACT, 1868 : 
 provisions of 395-398 
 
 DOG: 
 
 stealing 3d 
 
 second offence 35 
 
 possession of stolen dogs 35 
 
 second offence ... 35 
 
 taking money to restore 36 
 
 unlawfully and maliciously killing, maiming, &c. 121 
 
 DRAIN : 
 
 injuring any 115 
 
 injuring any pipes. Sea. of 116 
 
 damaging or destroying any bank, dam, or wall of 11^ 
 
 injuring any piles, &c. of llfi 
 
 T 
 
482 Index. 
 
 DEIVEK: 
 
 of a carriage furiously driving, &c. whereby, &c. ... page zll 
 
 DEOWNING: 
 attempting to drown, with intent to commit murder ... 202 
 
 DRUGS : 
 procuring, to cause abortion 2^^ 
 
 DWELLING-HOUSE: 
 
 burglary in °| 
 
 what a curtilage of O" 
 
 entering by night with intent to commit a felony 53 
 
 breaking into 64 
 
 breaking out of 64 
 
 stealing in, to the value of 51 66 
 
 stealing in, with menaces 66 
 
 setting fire to, any person being therein ... ... ... 100 
 
 EAST INDIA BOND: 
 forging 143 
 
 ELECTEIC TELEGRAPH : 
 
 injuries to 119 
 
 offences as to 119 
 
 attempts 119 
 
 EMBEZZLEMENT : 
 by clerks, servants, public officers, and police officers 59, 63 
 as to including distinct acts of embezzlement in one indict- 
 ment 64 
 
 person indicted for, may be convicted of larceny 64 
 
 by officers of the Bank of England or Ireland 65 
 
 ENGINE HOUSE : 
 setting fire to 101 
 
 EQUITY, COURTS OF: 
 
 forging documents or proceedings of 167 
 
 EVIDENCE : 
 provisions of the Eelony and Misdemeanor (Evidence and 
 
 Practice Amendment) Act (28 Vict c. 18) 318-321 
 
 Documentary Evidence Act, 1868 ... 395-398 
 
 . provisions of the Evidence Further Amendment Act, 
 
 1869 416-418 
 
 of parties in actions of breach of promise of marriage ... 417 
 
 of parties, husbands and wives, to be witnesses in suits for 
 
 adultery 417 
 
 Amendment Act^ 1870 (33 & 34 Vict. o. 44) 448, 449 
 
 EWE :' 
 stealing ... 31 
 
 EXCHEQUER BILLS : 
 
 forgery of 143 
 
 making plates in imitation of those used for exchequer bills... 144 
 
 making paper in imitation of 144 
 
 having in possession papers, plates, or dies used for ... .'.'.' 145 
 
 EXCUSABLE HOMICIDE : 
 in forfeiture of property for 200 
 
Index. 483 
 
 EXPENSES, see " Costs :'■ 
 of witnesses for prisoner, when indictment removed under 
 
 the Jurisdiction in Homicides Act page 'i&i 
 
 provisions of Prosecution Expenses Act, 1866 323-326 
 
 when party convicted of treason or felony may be condemned 
 
 to pay expenses of prosecution 434 
 
 how ordered to be paid 434 
 
 EXPLOSIVE SUBSTANCE: 
 
 injuring buildings, &c. by 103 
 
 destroying, &c. any building with intent to murder , 202 
 
 doing harm to persons by 208 
 
 causing it to explode with intent, &c 208 
 
 placing near a building, &c. with intent 209 
 
 having in possession, making, &c. to commit offences under 
 
 the Offences against the Person Act 228 
 
 search for 229 
 
 EXPOETING COUNTEEFEIT COIN: 
 the offence of 178 
 
 EXPOSING CHILD: 
 
 whereby its life is endangered, or its health permanently 
 
 injured 207 
 
 EXTEADITION ACT : 
 
 33 & 34 Vict 0. 52 450-467 
 
 FACTORS : 
 
 frauds by 69 
 
 FALSE ENTEIES : 
 
 making, in books of public funds 142 
 
 FALSE PEESONATION: 
 
 of owners of stock 468 
 
 FALSE PEETENCES : 
 
 the offence of 75 
 
 FAEM BUILDING : 
 
 setting fire to 101 
 
 FELONY: . . ^ 
 
 punishment for simple larceny after a previous conviction for 
 
 felony •. . ••■ 29 
 
 compensation may be allowed to persons defrauded or injured 
 
 by felony 136 
 
 forfeiture for 433-449 
 
 persons guilty of, may be condemned to pay costs or ex- 
 penses of prosecution ... ... 434 
 
 how costs or expenses ordered to be paid ...434 
 
 certain misdemeanors under Coinage Act made such, if a 
 previous conviction 1^" 
 
 FEMALES: 
 aggravated assaults upon, how to be dealt with ^15 
 
 FENCE : 
 
 stealing, &o. any live or dead fence 40 
 
 destroying or injuring H" 
 
 FILINGS OE CHIPPINGS OF COIN : 
 
 having same in unlawful possession 117 
 
 T 2 
 
484 Index. 
 
 PILLT : 
 stealing P<>S^ °^ 
 
 FINDING LOST PEOPEKTT: 
 as to 26 
 
 FINE : 
 
 when it may be imposed imder Larceny Act _ ••• "" 
 
 when it maybe imposed for offences under the Malicious 
 
 Injuries Act 136 
 
 in coin prosecutions 1^5 
 
 for offences against the Offences against the Person Act ... 231 
 
 FISH: 
 taking in any water situate in land belonging to a dwelling- 
 house or in a private fishery elsewhere 38 
 
 when tackle of fishers may be seized 39 
 
 FISH-POND : 
 injuries to 116 
 
 FIXTUEES : 
 stealing 43 
 
 FOEEIGN BILLS OE NOTES : 
 engraving plates for 152 
 
 FOEEIGN COIN : 
 
 counterfeiting ... 183, 185 
 
 bringing into the kingdom ... ... ... ... ... 183 
 
 tendering ... ... 184 
 
 second and third offences... ... 184 
 
 having more than five pieces of base foreign coin in posses- 
 sion with intent, &c 185 
 
 FOEFEITUEES: ' 
 
 application of, upon summary conviction 87 
 
 application of, under the Malicious Injuries Act 131 
 
 abolition of, for treason and felony 433 
 
 definition of the word in the 33 & 34 Vict. o. 23 437 
 
 for Treason and Felony Act (33 & 34 Vict. c. 23) ... 433-449 
 
 FOEGED INSTBUMENTS : 
 
 demanding money, &o. upon 164 
 
 FOEGEET (see "Merchandise Marks Act"): 
 
 of the Great Seal, &c 139 
 
 of public stocks 140 
 
 of transfer. of shades in any public company 140 
 
 of power, qf attorney 140 
 
 of attestation to power of attorney 141 
 
 of East India bond 143 
 
 of exchequer bills, &o 143 
 
 of bank notes 146 
 
 of bill of exchange... ... 146 
 
 receiving or having in possession 146 
 
 of deeds, bonds, assignments, &o. 163 
 
 of writing obligatory ... 163 
 
 of signature of witness to 16S 
 
 of a will,' testament, or codicil ... 154 
 
 of bill of exchange or promissory note " *'_ 154 
 
 of undertaking, warrant, order, authority, or request for 
 "X ayment of money, or delivery, &o. of goods 156 
 
Index. . 485 
 
 FORGEEY (^continued) : 
 
 of debentures page 157 
 
 of proceedings of courts of law 157 • 
 
 of documents or proceedings of courts of law or equity ... 157 
 
 of official documents by clerks, &c 158 
 
 of iustraments made evidence by act of Parliament 159 
 
 of court rolls 159 
 
 of matters connected with the registry of deeds 159 
 
 of process and proceedings of parties 160 
 
 of proceedings connected with the accountant-general ... 161 
 of process and proceedings of the Court of Chancery ... 161 
 
 of marriage license, or certificate of marriage 162 
 
 of registers of births, marriages, and deaths 162 
 
 demanding money, cSfcc. upon forged instruments 164 
 
 of instruments of value generally 165 
 
 of forging in England documents, &c. made elsewhere ... 165 
 forgers may be tiied in county where apprehended, or in 
 
 custody r 167 
 
 descriptions of instrument in indictment 167 
 
 intent to defraud particular persons need not be alleged or 
 
 proved 168 
 
 " criminal possession," interpretation of 168 
 
 as to searching for instruments employed in forgery ... 168 
 
 punishment for 169, 170, 172 
 
 principles in the second degree, punishment of 171 
 
 punishment of abettors in certain misdemeanors under For- 
 gery Act 172 
 
 as to trial of offenders if offence committed within the juris- 
 diction of the Admiralty 172 
 
 hard labour for 173 
 
 solitary confinement for 173 
 
 costs in prosecution for certain misdemeanors in Forgery 
 
 Act 173 
 
 offence of, under the Merchandise Harks Act 276-292 
 
 under Documentary Evidence Act, 1868 396 
 
 of stock certificate or coupon 468 
 
 of certificate or duplicate certificate under National Debt Act 469 
 
 engraving plates for 468 
 
 FOEGBEY ACT, 1870 : 
 
 provisions of 467 
 
 FRAUD, see "False Pketence." 
 FRAUDULENT DEBTORS: 
 offences of 401-416 
 
 FEUIT : 
 
 stealing, damaging, &c 
 
 damaging, &c. growing in any garden, &c. 
 
 of elsewhere 
 
 46 
 
 Ill 
 
 112 
 
 FUGITIVE CRIMINALS : 
 provisions of 33 & 84 Vict. c. 52 
 
 ... 450-467 
 
 FUBIOUS DRIVING: 
 as to injuries from 
 
 211 
 
 FURZE: 
 setting fire to 
 
 108 
 
486 .Ind&c. 
 
 GAMING : 
 
 certain kinds of, within the Vagrant Act Amendment Act, 
 
 1868 i"«?e 399 
 
 GAOLER: 
 
 to bring up the body of any person indicted without a writ of 
 
 habeas cm-pus under order of the court 381 
 
 GAKDEN : 
 
 stealing, damaging, &c. productions of 46 
 
 GAS: 
 
 stealing ^9 
 
 GATE : 
 
 stealing or injuring •■• 45 
 
 destroying or injuring 113 
 
 GELDING : 
 
 stealing 31 
 
 GBNEKAL ISSUE (sec "Action"): . 
 
 in actions under Coinage Act 192 
 
 as to pleading in actions under the Malicious Injuries Act ... 135 
 
 GLASS : 
 fixed to a building, stealing 43 
 
 GIEL: 
 
 procuring defilement of 219 
 
 carnally knowing under ten years of age 219 
 
 carnally knowing between ten and twelve years of age ... 219 
 
 attempts to commit the two last offences 220 
 
 fraudulent abduction of, against the will 221 
 
 forcible abduction of any woman 221 
 
 abduction of, under sixteen years of age 222 
 
 GOODS : 
 
 setting fire to, in building 102 
 
 destroying, &o. in the process of manufacture 106 
 
 destroying, &c. goods of a wreck 124 
 
 GOVERNMENT OFFICE: 
 
 stealing, &o. any document of 43 
 
 GRAIN : 
 
 setting fire to 108 
 
 setting fire to sta4)k of 108 
 
 GRASS : 
 
 setting fire to 108 
 
 GREAT SEAL: 
 
 forgery of 139 
 
 GREENHOUSE: 
 
 stealing, damaging, &o. products of 46 
 
 GRIEVOUS BODILY HARM: 
 
 shooting at or wounding with intent to do ... 204 
 
 by any means "whatever ..; ' .,, ^^, 204. 
 
 administering, i;c. poison, &c. so as to cause ,', 206 
 
 inflicting " '"_ 205 
 
 GUARDIANS OP THE POOR: 
 
 may prosecute in certain cases 232 
 
Index. 487 
 
 GUNPOWDER (see "Explosive Sdbstanoh": 
 destroying, &o. any buildings with intent to mur,der page 202 
 
 doing harm to persons by explosion of 208 
 
 causing gunpowder to explode with intent, &o 208 
 
 placing near a building, &c. with intent 209 
 
 placing near to any ship or vessel with intent to damage it 123 
 having in possession, making, &o. to commit offences under 
 
 the Offences against the Person Act 228 
 
 search for 229 
 
 HABITUAL OKIMINALS ACT, 1869 ; 
 provisions of 418-432 
 
 HANDWKITING : 
 as to comparison of, in criminal cases 321 
 
 HAKD LABOUB: 
 
 as to, under Larceny Act 97 
 
 as to, under the Malicious Injuries Act 136 
 
 punishment of, under Forgery Act 173 
 
 for offences against the Offences against the Person Act ... 230 
 in coin prosecutions 196 
 
 HAKES : 
 
 killing, &c in a warren by night 34 
 
 killing, &c in the daytime 35 
 
 HAT; 
 setting fire to 108 
 
 HEATH: 
 setting fire to 108 
 
 HEIFER: 
 stealing 31 
 
 HOMICIDES ACT (25 & 26 Vict. c. 65) : 
 jurisdiction in 261 
 
 HIGH TREASON: 
 punishment for 448 
 
 HOPBINDS : 
 destroying 189 
 
 HORSE : 
 stealing 31 
 
 HOTHOUSE : 
 stealing, damaging, &c. productions of 46 
 
 HOUSE: 
 
 breaking into or out of 54 
 
 setting fire to ... _ 101 
 
 HOUSEBREAKING: 
 breaking into a house, &o. with intent to commit a felony ... 54 
 being armed with intent to break into any house, &c. by night 55 
 
 punishment for a second offence 56 
 
 as to 54 
 
 IMPAIRING COIN : 
 impairing coin with intent, &c, 176 
 
 IMPORTING COUNTERFEIT COIN : 
 the offence of ... 178 
 
488 Index. 
 
 INCITING TO COMMIT A FELONY : „ ' 
 
 when the proper charge P"^^ 2 
 
 after the fact, as to « 
 
 punishment of ,"j d 
 
 prosecution of accessories after principal has been convictea fl 
 several accessories may be included in one indictment thougn • 
 
 principal not included . 
 
 trial of accessories 
 
 INDICTMENT : .„ 
 
 for stealing, &c. oysters from an oyster fishery *" 
 
 for stealing, destroying, &o. any deed of title to land ... W 
 
 for stealing, destroying, &o. *^ 
 
 for stealing any public document *^ 
 
 against a public servant for larceny or embezzlement ... oo 
 for embezzlement, as to including distinct acts in one indict- 
 ment 64 
 
 for a false pretence '' 
 
 for stealing and receiving ^^ 
 
 when previous conviction charged ••. ^" 
 
 intent to injure or defraud particular persons need not be 
 stated in an indictment under the Malicious Injuries to 
 
 Property Act 129 
 
 for forging description of instrument •. •.- 1"' 
 
 description of instrument in indictments for engraving, &o. 167 
 intent to defraud particular persons need not be alleged ... 168 
 
 for murder or manslaughter, form of 199 
 
 for murder or manslaughter under Homicides Act ... 262-266 
 
 addresses of counsel upon 319 
 
 INDUSTRIAL SCHOOLS ACT, 1866 : 
 
 provisions of 349-373 
 
 "INFAMOUS CEIME:" 
 
 defined 51 
 
 INSENSIBILITY: 
 
 doing an-act to cause, with intent, &o 205 
 
 INTENT, see the various heads. 
 INTENT TO DEFEAUD : 
 intent to defraud particular persons need not be stated in an 
 
 Ipdictment against particular persons 129 
 
 INTENT TO BOB: 
 
 conviction of, upon an indictment for robbery 48 
 
 INTERPRETATION OF TERMS : 
 
 "document of title to goods" 22 
 
 " documeAt of title to lands " 22 
 
 "trustee" 23 
 
 " valuable security " 23 
 
 "property" 23 
 
 "night" 23 
 
 of terms under Coinage Act 174 
 
 INTEREOQATOEY : 
 
 stealing, &c. 42 
 
 JETTY : 
 
 injuring any 115 
 
 injuring any piles, &c. of ... ,„ ,,, ng 
 
Index. 489 
 
 JURIES ACT, 1862 : 
 
 who exempt from serving upon juries page 296, 296 
 
 JURISDICTION IN HOMICIDES ACT, see " Homicides Act." 
 
 JUKOES (fee 25 & 26 Vict. o. 107) : 
 
 how to be summoned 298 
 
 who objeota to be sworn, declaration of 380 
 
 JUSTICES (see the various heads) : 
 jurisdiction in cases where snares, &c. for taking deer found 
 
 in possession of parties 33 
 
 may issu6 search warrant for articles intended to be used 
 
 for malicious mischief 127 
 
 removal of disqualifications of 382 
 
 KILLING ANIMALS : 
 with intent to steal the carcase 31 
 
 LAMB : 
 stealing 31 
 
 LAND, TITLE TO : 
 
 where it comes in question upon a charge of assault ... 218 
 
 LAND TKANSFEE ACT : 
 
 provisions as to offences against 243 
 
 making false statements to obtain registration 243 
 
 the act for 243 
 
 offences against 243-245 
 
 LAPIS CALUMNAEIS, see "Orb." 
 
 LAECEN r (see the various heads) : 
 every larceny of the same nature whatever the value ... 24 
 
 as to attempts to commit 26 
 
 by a bailee 26 
 
 punishment for simple larceny 27 
 
 three larcenies within sis months may be charged in one 
 
 indictment 28 
 
 proving three takings upon a charge of a single taking ... 28 
 punishment for, after a previous conviction for felony ... 29 
 
 from the person 48 
 
 on trial, may be convicted of an assault with intent to rob... 48 
 person indicted for, may be convicted of embezzlement ... 64 
 
 by tenants and lodgers 66 
 
 stealers in one part of kingdom, when triable in another part 92 
 
 LABCENT ACT (24 & 25 Vict. u. 96) 22 
 
 LAUDANUM: 
 
 using with intent, &c. 205 
 
 attempting to use 205 
 
 LAW, COURTS OP: 
 forging documents or proceedings of 157 
 
 LETTEE : 
 demanding money, &c. with menaces 49 
 
 LETTEE, THREATENING: 
 sending, &c. threatening to accuse of crime, with intent to 
 
 extort' ' 50 
 
 sending any, threatening to murder 203 
 
 LICENCE : 
 
 under Penal Servitude Act 312-317 
 
 t3 
 
490 Index. 
 
 LIMITED PENALTIES ACT (27 & 28 Vict. o. 110) : 
 
 provisions of P<^9^ °1' 
 
 LOADED ARMS : 
 
 ■what constitutes under the Offences against the Person Act... 204 
 LOCK: 
 
 injuring any 11^ 
 
 injuring any piles, &c. of ^^" 
 
 LOST PEOPERTT: 
 
 as to stealing 26 
 
 MACHINE : 
 having in possession, making, &o. to commit offences under 
 
 the Offences against the Person Act 228 
 
 search for 229 
 
 MACHINERY (see " Building ") : 
 
 destroying, &o 107 
 
 of any mine, obstructing or damaging 115 
 
 MAGISTRATE: 
 assault upon, when endeavouring to preserve a wreck of a 
 
 vessel 211 
 
 MALICE : 
 not necessary to prove in cases within the Malicious Injuries 
 
 to Property Act 129 
 
 MALICIOUS INJURIES (see the various heads) : 
 committing damage or spoil upon any real or personal 
 
 property not otherwise provided for, exceeding 5Z. ... 125 
 
 punishment of persons who commit malicious injuries not 
 
 otherwise provided for 126 
 
 punishment for, not to extend to persona who act under a 
 
 claim of right 127 
 
 not necessary to prove malice in charges of 129 
 
 provisions of the act apply through the party in possession 
 
 of the property 129 
 
 intent to injure or defraud particular persons need not be 
 
 stated in indictment 129 
 
 persons found committing, may be apprehended without a 
 
 warrant 130 
 
 course of proceeding against parties charged 130 
 
 how party to be dealt with upon summary conviction ... 131 
 
 appeal after a summary conviction 132 
 
 MALICIOUS MISCHIEF: 
 search warrant to search for articles intended to be used for 
 
 committing malicious mischief 127 
 
 MANAGER OF COMPANY : 
 
 destroying, &c. books of company 73 
 
 making fraudulent statements 73 
 
 MANGANESE, see " Obe." 
 MANSLAUGHTER : 
 
 form of indictment of 199 
 
 punishment for 199 
 
 when committed abroad 200, 201 
 
 indictment for after a prior acquittal or committal for 
 assault ... ,,^ 217 
 
Index, 491 
 
 MANSLAUGHTEK (conHmed): 
 
 indictment for, under Homicides Act paj/e 262-266 
 
 provisions for the trial of prisoners who are subject to the 
 
 Mutiny Act 262-264 
 
 MAN-TEAPS : 
 
 as to setting , ••• 209 
 
 MANUPA0TUKE8 : 
 
 stealing articles in the process of manufacture 56 
 
 destroying, &o. goods in 106 
 
 MARE: 
 
 stealing 31 
 
 MAEKS, TRADE : 
 
 provisions as to 276-292 
 
 MAEKS (MERCHANDISE) ACT : 
 
 offences against 276-292 
 
 MABEIAGE LICENCE : 
 
 forgery of 162 
 
 MAKRIAGES, see "Keqister of Maeeiageb." 
 MARSH: 
 
 damaging or destroying any bank, drain, or wall of 115 
 
 injuring any piles, &o. of 116 
 
 MASTEE: 
 
 refusing or neglecting to provide servant or apprentice with 
 
 ' food, or causing bodily harm ... 207 
 
 MALTH0U8E : 
 
 setting fire to 101 
 
 MEDALS : 
 
 littering as current coin , 181 
 
 MEETING HOUSE (see "Buildino") : 
 
 breaking and entering 52 
 
 setting fire to 100 
 
 MENACES : 
 
 sending letter, &c. demanding money, &c. with menaces ... 49 
 MERCHANDISE MARKS ACT (25 & 26 VicT. o. 88): 
 
 offences under 276-289 
 
 MERCHANT: 
 
 frauds by 67, 68 
 
 MERCHANT SHIPPINQ ACT: 
 
 offences against 245-247 
 
 MERCHANT SHIPPING AMENDMENT ACT : 
 
 offences against 245 
 
 METAL : 
 
 fixed to a building, stealing i. ... 43 
 
 METAL, OLD: 
 
 provisions as to dealers in 237-239 
 
 MILL: 
 
 setting fire to 101 
 
 MINERAL FUEL : 
 
 setting fire to any mine of 113 
 
 carrying water into 114 
 
492 .Index. 
 
 MINEEALS, see " Ore." 
 
 MINES : 
 
 larceny from P'^9^ f 
 
 setting fire to |^° 
 
 conveying water into |*^ 
 
 damaging .... 11* 
 
 damaging machinery of 1" 
 
 MINERS : 
 
 removing ore with intent to defraud *' 
 
 MISAPPKOPEIATION BY SEEVANTS ACT (26 & 27 
 Vict. c. 103) : 
 the provisions of 306-310 
 
 MISTRESS : 
 refusing or neglecting to provide servant or apprentice with 
 food, or causing bodily harm 207 
 
 MONEY : 
 
 taking, to restore stolen dog 36 
 
 demanding by letter, &c. with menaces 49 
 
 demanding, with intent to steal 30 
 
 taking, for helping to the recovery of stolen property ... 84 
 found on prisoner, to be given to purchaser of property not 
 known to be stolen on restitution of property 381 
 
 MUNDICK, see " Ore." 
 
 MUEDBE: 
 
 punishment for ... 198 
 
 sentence for ... ... 198 
 
 conspiracy to commit 199 
 
 form of indictment for 199 
 
 petit treason 200 
 
 when committed abroad 200, 201 
 
 administering poison or wounding with intent to murder ... 201 
 
 destroying, &c. building with intent to murder 202 
 
 setting flre to or casting away a ship with intent to murder . 202 
 attempting to shoot, poison, drown, &c. with intent to 
 
 murder 202 
 
 attempting to murder by any means 203 
 
 letters, threatening to murder 203 
 
 indictment for, under Homicides Act 262 
 
 provisions for the trial of prisoners who are subject to the 
 Mutiny Act 262,264 
 
 MUTINY ACT: 
 
 provisions.for the trial of prisoners for homicide ... 262-263 
 MUTINY : 
 
 indictment of persons for murder or manslaughter who are 
 
 subject to 262-266 
 
 NAVAL STORES: . 
 
 offences with reference to 248-260 
 
 "NAVAL STORES ACT, 1862: 
 
 offences under 247-260 
 
 NAVAL STORES ACT, 1867 : 
 
 provisioL-n of 383-389 
 
Index. 493 
 
 "NIGHT": 
 
 interpretation of ^^g 24 
 
 entering a dwelling-house by, with intent to commit a 
 felony jg 
 
 being armed with intent to break and enter any house by 
 "isjit 65 
 
 punishment for a second offence 56 
 
 NOTICE OF ACTION : 
 
 as to, under the Malicious Injuries Act 135 
 
 in actions undet CoinAge Act ,., ...' .'" 192 
 
 NOXIOUS THING: 
 
 administering, so as to do grievous bodily' harm 206 
 
 with intent to injure, aggrieve, or annoy 206 
 
 administering, to procure abortion [[, 226 
 
 NUESBKT GEOUND : 
 
 stealing, damaging, &c. productions of 46 
 
 OATH : 
 
 declaration in lieu of „, ,,, ... 448 449 
 
 OFFICE : 
 
 forfeiture of, on convictiou of treason or felony 433 
 
 OLD METAL, DEALERS IN : 
 
 provisions as to 237-239 
 
 ORE: 
 
 stealing, &c. from a mine, &e. 47 
 
 OVERSEERS OP THE POOR: 
 
 may prosecute in certain cases 282 
 
 PALINGS : 
 
 stealing, &e. 46 
 
 PANEL : 
 
 stealing, &c. 42 
 
 PARISH OFFICERS : 
 
 duties of, with reference to jury lists 296, 297 
 
 PARTRIDGES, YOUNG: 
 
 when a stealing of 25 
 
 PEACE OFFICER (see "Constable"): 
 
 as to apprehending a person loitering at night and suspected 
 of any felony against the Ijarceny Act 86 
 
 power to apprehend certain persons loitering about at night. 229 
 
 having cause to suspect a person of felony, and loitering by 
 night, may apprehend 129 
 
 may apprehend' without a warrant any person found 00m- 
 mittiug an offence under the Malicious Injuries Act ... 130 
 
 assault upon, in the execution of his duty 211 
 
 PENALTIES: 
 
 application of, on summary conviction 87 
 
 application of, under the Malicious Injuries Act 131 
 
 PENALTIES (LIMITED) ACT : 
 
 provisions of 317 
 
 provisions of Small Penalties Act, 1865 321-323 
 
 PENSION: 
 
 forfeiture of, on conviction for treason or felony 433 
 
494 Index. 
 
 PEEJCJEY: „„, 
 
 false oath before registrar in the Admiralty Court ... page IdO 
 for making false affirmation in criminal proceedings 237 
 
 PERSON : 
 
 larceny from the •■• 
 
 upon trial of larceny from the person, jury may oonviot of 
 
 an assault with intent to rob *° 
 
 PERSONATION: 
 
 of person entitled to stock, &o 1*^ 
 
 PERSONATION, FALSE : 
 
 of owners of stock *"** 
 
 PENAL SERVITUDE : 
 
 alteration of the term of 29 
 
 PENAL SERVITUDE ACTS AMENDMENT ACT (27 & 28 
 
 Vict. c. 47): 
 
 provisions of 310-317 
 
 PIGEONS: 
 
 unlawfully killing, &o "7 
 
 ™ES = 
 
 injurmg ■'■^° 
 
 PETIT TREASON : 
 
 to be deemed murder only 200 
 
 PLANT : 
 
 damaging, &c. growing in any garden, &c. Ill 
 
 of elsewhere 112 
 
 stealing, damaging, &c 46 
 
 PLEASURE-GROUND : 
 stealing, damaging, &c. productions of 46 
 
 POISON: 
 
 administering with intent to murder 201 
 
 attempting to administer with intent to murder 202 
 
 administering, &a. so as to do grievous bodily harm 206 
 
 with intent to injure, aggrieve, or annoy 206 
 
 verdict of the jury upon such a charge 206 
 
 administering to procure abortion 225 
 
 POLICE OFFICER: 
 
 larceny by 62 
 
 embezzlement by 63 
 
 POND: 
 inj'uries to 116 
 
 POOL : 
 
 damaging or destroying any bank, dam, or wall of 115 
 
 injuring piles, &o. of 116 
 
 PORT: 
 stealing from vessels in any 57 
 
 POSSESSION : 
 
 of counterfeit coin, what shall constitute it 175 
 
 of three or more pieces of bad coin with intent ... ... 180 
 
 POWER OP ATTORNEY : 
 persons acting under, fraudulently selling property 69 
 
Index. 495 
 
 POWER OF ATTOENBT (continued) : 
 
 forging signature to page 141 
 
 forging, or putting off forged 140 
 
 PRESUMPTION : 
 arising from recent possession 25 
 
 PREVIOUS CONVICTION: 
 for simple larceny after a previous oonyiction for felony ... 29 
 
 of an indictable misdemeanor under the act 29 
 
 as to indictment 93 
 
 how and when proved at the trial 95 
 
 evidence of, in coin offences 194 
 
 how and when proved in coin prosecutions ... ... ... 194 
 
 of a witness, how it may be given in evidence 320 
 
 PRISONERS : 
 when they may be indicted under the Homicides Act ... 262 
 expenses of witnesses of, when indictment removed under 
 the jurisdiction in Homicides Act 268 
 
 PRISONERS, DISCHARGED: 
 
 aid to (statute) ■ 240 
 
 funds from which payments provided 242 
 
 PRIVY SEAL : 
 forgery' of 139 
 
 PROCESS : 
 stealing, &c. '42 
 
 PROCURATION : 
 accepting, drawing, &o. bill of exchange, promissory note or 
 order, &c. fraudulently 156 
 
 PROMISSORY NOTE : 
 
 forgery of 154 
 
 making, &c. by procuration, fmudulently 156 
 
 "PROPERTY": 
 
 interpretation. of 24 
 
 demanding by letter, &c. property by menaces 49 
 
 demanding, with intent to steal : 50 
 
 PROPERTY LOST : 
 as to stealing 26 
 
 PUBLIC COMPANY: 
 
 directors of, fraudulently applying property of 72 
 
 keeping false accounts 73 
 
 director, manager, &c. making fraudulent statements .„ 73 
 
 PUBLIC FUNDS: 
 making false entries in books 142 
 
 PUBLIC OFFICE: 
 stealing, &c. any documents of 43 
 
 PUBLIC OFFICER OF COMPANY: 
 
 destroying, &c. books 73 
 
 making fraudulent statements 73 
 
 PUBLIC SERVANT : 
 
 larceny by 62 
 
 embezzlement by 63 
 
496 Iridex. 
 
 PUNISHMENT {see the various heads) : 
 
 for simple larceny ix^ye 27 
 
 solitary confinement 27 
 
 whipping ... ... 27 
 
 of simple larceny after previous conviction of an indictable 
 misdemeanor under the act 29 
 
 QUAETEK SESSIONS : 
 
 certain frauds not triable at "^ 
 
 appeal to, upon a summary conviction under the Larceny Act 89 
 
 appeals to, under the Malicious Injuries Act 1^2 
 
 convictions under, to be returned to ... ... 134 
 
 justices at, to grant certificate of approval of Prisoners Aid 
 
 Societies 241 
 
 or revoke same 242 
 
 QUAY: 
 
 stealing from S7 
 
 injuring any 115 
 
 injuring any piles, &c. of 116 
 
 BABBITS : 
 kilUng, &c. in a warren by night or by day 34 
 
 BAIL: 
 stealing or injuring ... 45 
 
 EAILWAT: 
 unlawfully and maliciously placing, &e. anything upon, with 
 
 intent to obstruct, &c 118 
 
 taking up, iJSec. any sleeper, &c 118 
 
 turning, &c. any points, &c. 118 
 
 signal altering 118 
 
 doing anything to obstruct, &c 118 
 
 obstructing by negligence 118 
 
 throwing upon Or across, any wood, stone, &c. with intent 
 
 to endanger the safety of any person thereon 210 
 
 taking of, removing or displacing any rail, sleeper, &c. with 
 
 intent, &c. 210 
 
 turning, moving, or directing any points, &o. with intent, &c. 210 
 showing, hiding," or removing any signal, &c. upon or near 
 
 any railway, with intent, &c 210 
 
 doing any act, with intent, &c. ... 210 
 
 throwing, &c. at any engine, tender, carriage, &e. any wood, 
 
 stone, &c. with intent to injure or endanger the safety of 
 
 any person thereon 210 
 
 doing any unlawful act, or omitting or neglecting some act 
 
 to the danger of the safety of persons on a railway ... 211 
 
 EAILWAT BUILDINGS : 
 
 setting fire to 101 
 
 EAM: 
 
 stealing 3X 
 
 EAPB: 
 
 punishment for 218 
 
 procuring the defilement of a girl "^ 219 
 
 carnally knowing a girl under ten years of age ... ]" 219 
 carnally knowing a girl between ten and twelve years of age 219 
 attempting to committhe two last offences 220 
 
Index. 497 
 
 RECENT POSSESSION: 
 
 presumption arising from page 25 
 
 EEOEIVEBS : 
 
 separate receivers may be included in the same indictment 
 in the absence of the principal 81 
 
 on an indictment for joint receiving, persons may be con- 
 victed of separately receiving 81 
 
 receiving, where the principal has been guilty of a misde- 
 meanor 81 
 
 where receivers triable 82 
 
 receivers, where the original ofience is punishable on sum- 
 mary conviction 82 
 
 EEOEIVING STOLEN GOODS : 
 
 the offence of 79 
 
 EEOORD : 
 
 stealing, &c. 42 
 
 EEOOED, OOUET OP : 
 
 stealing any document of 42 
 
 BEPOEMATOET SCHOOLS ACT, 1866: 
 
 provisions of 326-348 
 
 EEGISTBR OF BIETHS : 
 
 destroying, &c. or forging 162 
 
 inserting false entries 163 
 
 EEGISTEE OF DEATHS : 
 
 destroying, &c. or forging 162 
 
 inserting false entries 163 
 
 BEGISTER OF MABBIAGBS : 
 
 destroying, &c. or forging 162 
 
 inserting false entries 163 
 
 EEGISTET OF DEEDS: 
 
 forgery of matter connected with 159 
 
 BELIEF TO PBISONEES: 
 
 as to, on discharge 241, 242 
 
 EEPEAL : 
 
 of criminal statutes 6 
 
 BEQUEST FOE PAYMENT OF MONEY, &c. : 
 
 forgery of ..< 155 
 
 EBSEEVOIE: 
 
 damaging or destroying any bank, drain, or wall of ... 115 
 
 injuring any piles, &c. of 116 
 
 EESTITUTION: 
 
 as to, of stolen property 83 
 
 EETUEN: 
 
 stealing, &c. 42 
 
 EEWAED : 
 taking, for helping to the recovery of stolen property ... 84 
 advertising for the return of 84 
 
 EIGHT, CLAIM OF : 
 
 as to, upon an information ... ... _ ... 38 
 
 with reference to charges of malicious mischief 127 
 
498 Index. 
 
 KIOTEES: ... 
 
 demolishing, &o. buildings, &p.. i«^« |"* 
 
 injuring building, &c. ... ^^ 
 
 RIVER: 
 
 damaging or destroying any bank, dam, or wall of |J-0 
 
 injuring any piles, &o. of 4 ^"^ 
 
 RIVER, NAVIGABLE: 
 stealing from vessels on "' 
 
 ROBBERY: 
 
 from the person ■•■ •■• *° 
 
 on trial or, may be convicted of an assault with intent to rob 48 
 
 with offensive weapon ^^ 
 
 by two or more persons ™ 
 
 beating at the time of ^ 
 
 ROOT : 
 stealing, damaging, &c ^ 
 
 RULE: 
 stealing, Ac ^° 
 
 SACRILEGE: 
 breaking and entering a church, chapel, or meeting-house ... 52 
 
 SAPLING : 
 
 stealing, damaging, &c ■■■ 44 
 
 as to malicious mischief to, when no punishment provided 127 
 schedule of repealed statutes ... ... ... 8 
 
 SCHOOL-HOUSE: 
 breaking into or out of 54 
 
 SCHOOLS, INDUSTRIAL: 
 provisions of Industrial Schools Act, 1866 349-373 
 
 SCHOOLS, REFORMATORY : 
 provisions of Reformatory Schools Act, 1866 326-348 
 
 SEA BANK: 
 
 damaging or destroying „ 115 
 
 injuring any piles, &c. of 116 
 
 SEAMAN : 
 
 . assault upon to obstruct him in his calling 214 
 
 SEA MARKS : 
 removing or destroying 124 
 
 SEA WALL: 
 
 damaging or destroying ... ' 115 
 
 injuring any piles, &c. of 116 
 
 SEARCH WARRANT : 
 
 when justice may grant it ... ... 85 
 
 to search for articles intended to be used for committing 
 
 malicious mischief ... 127 
 
 when it may be granted to search for instruments used in 
 forgery 168 
 
 SEIZURE OP COUNTERFEIT COIN: 
 as to 188 
 
 SELLING OR BUYING COUNTERFEIT COIN : 
 the offence of I77 
 
Index. 499 
 
 SERVANT: 
 
 larceny by page 59 
 
 embezzlement by ... 60 
 
 larceny by public servant 62 
 
 misappropriation by, of master's property in certain cases 306-310 
 criminal treatment of , by master or mistress 207 
 
 SHEEP : 
 stealing 31 
 
 SHIPS: 
 
 stealing from 57 
 
 setting Are to, casting away, or destroying any 122 
 
 attempting to do so ... ~ 122 
 
 placing near to, gunpowder with intent to damage 123 
 
 damaging otherwise than by Are 123 
 
 destroying, &o. any part of, when in distress 124 
 
 sending letter threatening to destroy 125 
 
 setting fire to or casting away with intent to murder ... 202 
 
 SHIPWRECK: 
 
 stealing from 57 
 
 having property of, in possession 58 
 
 offering such property for sale 58 
 
 impeding a person endeavouring to save his life from ... 203 
 
 SHIPPING ACT (MERCHANT): 
 offences against 245-247 
 
 SHOOT : 
 
 attempting to, with intent to mnrder 202 
 
 with intent to do grievious bodily harm 204 
 
 attempting to, with intent to do grievous bodily harm ... 204 
 
 SHOP: 
 
 breaking into or out of 64 
 
 setting fire to 101 
 
 SHRUB : 
 
 steaHng, damaging, &e. 44 
 
 damaging, &o. to the amount of Is 110 
 
 destroying or injuring, growing in any park, garden, &o. 
 
 exceeding \l. 110 
 
 if exceeding bl. 110 
 
 as to malicious mischief to, when no punishment provided ... 127 
 
 SIGNALS: 
 exhibiting false 123 
 
 SIGN MANUAL': 
 forgery of 139 
 
 SIGNATURE : 
 of a witness to any deed, &c. forgery of 153 
 
 SIX MONTHS : 
 
 as to charging three larcenies within six months 28 
 
 as to proving three takings within six months on a charge 
 of a single taking ■ 28 
 
 SKIN : 
 killing animals with intent to steal the skin 31 
 
500 Index. 
 
 SLUICE : 
 
 injuring any i'Off^ 115 
 
 injuring any piles, &c. of • H^ 
 
 SMALL PENALTIES ACT (28 & 29 Vict. i;. 127) : 
 proviaions of 321-323 
 
 SODOMY: 
 
 the offence of ,. 227 
 
 attempts to commit ••• 227 
 
 carnal knowledge, proof of 227 
 
 SOLITARY CONFINEMENT: 
 
 as to, under Larceny Act 97 
 
 as to, under Malicious Injuries Act 137 
 
 punishment of, under Forgery Act 173 
 
 in coin prosecutions 19^ 
 
 for offences against the Offences against the Person Act ... 230 
 
 SPECIAL SESSIONS : 
 for settling jury lists 297 
 
 SPRING GUNS : 
 as to setting 209 
 
 STABLE: 
 setting fire to 101 
 
 STATION: 
 
 setting fire to 101 
 
 STATUTES : 
 repeal of 6 
 
 STILE : 
 destroying or injuring 113 
 
 STOCK: 
 
 forging or putting off forged transfer of 140 
 
 personating owner of 141 
 
 STOLEN GOODS, see "Receiving Stolen Goods." 
 
 STOLEN PROPERTY: 
 any person to whom it is offered may seize the party offer- 
 ing it 85 
 
 STORES, NAVAL AND VICTUALLING: 
 offences against the Act for Protecting 247-260 
 
 STORES, NAVAL: 
 offences under the Naval Stores Act, 1867 383-389 
 
 STRANGLE : 
 attempts to strangle, with intent, &c 205 
 
 STUPEFYING DRUG: 
 
 causing to be taken, with intent, &o 205 
 
 attempting to use 205 
 
 SUFFOCATE : 
 attempts to suffocate, with intent, &c 205 
 
 SUMMARY CONVICTION: 
 mode of compelling the appearance of persons punishable 
 
 on summary conviction gg 
 
 upon non-payment of penalty party may be committed '.'.'. 87 
 party may be discharged in certain cases "\ 87 
 
Index. 501 
 
 SUMMAEY CONVICTION (coniCTwrf): 
 
 a bar to any other proceeding page 87 
 
 proceedings upon, upon a charge under the Malicious Inju- 
 ries Act ... ... , 130, 131 
 
 as to discharging prisoner upon making amends under the 
 
 Malicious Injuries Act 132 
 
 a conviction a bar to other proceedings 132 
 
 SUMMAEY CONVICTIONS, see the various heads. 
 SCTMMART PROCEEDINGS: 
 
 to be under 11 ,S 12 Vict c. 43 98 
 
 to be, in England, under the 11 & 12 Vict, c 43, and in Ireland 
 under the 14 & 15 Vict. o. 93, in charges under the Mali- 
 cious Injuries Act 137 
 
 SUPERANNUATION : 
 
 forfeiture of on conviction for treason or felony ■■• ...433 
 SURETIES : 
 
 when to be required under Larceny Act ... 96 
 
 when they may be required upon conviction under the Mali- 
 cious Injuries to Property Act 136 
 
 for offences against the Offences against the Person Act ... 231 
 
 SURETIES TO KEEP THE PEACE : 
 in coin prosecutions 195 
 
 TELEGRAPH, ELECTRIC: 
 
 offences, as to 119 
 
 attempts 119 
 
 TENANT : 
 maliciously injuring building 105 
 
 TENDER OP AMENDS : 
 in actions under Coinage Act 192 
 
 TESTAMENT : 
 forgery of 154 
 
 THREATENING LETTER, see " Letter, Threatening." 
 
 THREATENING TO ACCUSE OF CRIME : 
 
 with intent to extort 51 
 
 THREATS : 
 
 inducing a person by, to execute deeds with intent to defraud 62 
 
 TITLE TO LAND : 
 
 if it comes in question upon a charge of assault, justices no 
 
 juiisdiction to hear 218 
 
 TITLE ACT, DECLARATION OF: 
 
 offences against 274, 275 
 
 TOLL BAR : 
 damaging 118 
 
 TOOLS FOR COINING: 
 
 having in possession ... 186 
 
 conveying tools out of the Mint 187 
 
 TOWING PATH: 
 
 injuring any 115 
 
 injuring any piles, &o, of Ho 
 
502 Index. 
 
 TRADE MAEKS : 
 
 offences under the Merchandise Marks Act (25 & 26 Vict. 
 
 0. SS) i"»5'« 276-289 
 
 provisions as to i/o-^n^ 
 
 TEANSPER: 
 
 forging transfer of stock, &o ^^^ 
 
 endeavouring to procure fraudulent transfer 141 
 
 TEANSPEE OP LAND ACT: 
 
 provisions as to offences against 243 
 
 the act :. 243-245 
 
 TEBASON : 
 
 forfeiture for 433-449 
 
 punishment for 448 
 
 TEEES: 
 
 stealing, damaging, &o .— 4* 
 
 suspected persons in possession of wood, &c. not satis- 
 factorily accounting for it 45 
 
 damaging, &o. to the amount of Is HO 
 
 destroying or Injuring, growing in any park, garden, &c. 
 
 exceeding 11. HO 
 
 if exceeding 52^ ■•• HO 
 
 as to malicious mischief to, where no punishment provided,. , 127 
 
 "TRUSTEE": 
 
 interpretation of 23 
 
 fraudulently disposing of property ... 72 
 
 sanction of judge or the Attorney-general before proceeding... 72 
 
 TUNNEL : 
 
 injuring any 115 
 
 injuring any piles, &c. of 116 
 
 TUENPIKE-GATE : 
 
 damaging 118 
 
 UNCONSCIOUSNESS: 
 
 doing an act to cause, with Intent, &c. 205 
 
 UNDERTAKING FOR PAYMENT OP MONEY, &c. : 
 
 forgery of ... 155 
 
 UNDERWOOD : 
 
 stealing, damaging, &c 44 
 
 as to malicious mischief to, where no punishment provided.. 127 
 UNION ASSESSMENT COMMITTEE ACT: 
 
 penalty under ... ... ... 294 
 
 UNNATURAL OPPENCE: 
 
 as to ' 227 
 
 attempts to commit ... 227 
 
 UTTERING, tee "Poegery." 
 UTTERING COUNTEEPEIT COIN : 
 
 offence of uttering counterfeit gold or silver coin 179 
 
 offence of uttering, accompanied by possession of other 
 counterfeit coin ... ... 179 
 
 offence of uttering, followed by a second uttering 179 
 
 VAGRANT ACT AMENDMENT ACT, 1868: 
 
 provisions of 399 
 
Index. 503 
 
 "VALUABLE SEOTJEITY": 
 
 interpretation of page 23 
 
 stealing or deBtroying, &o. 40 
 
 sending letters demanding valuable security with menaces ... 49 
 
 demanding, with intent to steal 50 
 
 inducing by threats to execute, &e 52 
 
 VEGETABLE PEODU.qXION : 
 
 stealing, damaging, &c 46 
 
 not growing in a garden, &c stealing, &c 47 
 
 setting fire to , 108 
 
 VEGETABLES : 
 
 damaging, &c. growing in any orchard, &c Ill 
 
 if elsewhere 112 
 
 VEHICLE: 
 furious driving, whereby, &o 211 
 
 VENUE: 
 
 in actions under Larceny Act 91 
 
 in aotioDS under the Malicious Injuries Act 135 
 
 in cases of uttering counterfeit coin 190 
 
 in actions under Coinage Act 191 
 
 VESSEL : 
 
 stealing from 57 
 
 stealing from any vessel in distress, or wrecked 57 
 
 setting fire to, casting away, or destroying any 122 
 
 attempting to do so 122 
 
 placing gunpowder near with intent to damage 123 
 
 damaging otherwise than by fire 123 
 
 destroying, &c. any part of, when in distress 124 
 
 sending letter threatening to destroy 125 
 
 VIADUCT : 
 damaging 117 
 
 VIOTUALLLNG STOEES ACT : 
 offences against 247-260 
 
 WALL: 
 
 destroying or injuring 113 
 
 of any river, &c. damaging or destroying 115 
 
 injuring any piles, &c. of 116 
 
 WAREHOUSE: 
 
 breaking into or out of 54 
 
 setting fire to 101 
 
 WAEEANT : 
 wheQ parties may be apprehended without 85 
 
 WAEEANT FOB PAYMENT OF MONET, &c. 
 
 forgery of 165 
 
 WAEEANT OF ATTOENET: 
 
 stealing, &c ^2 
 
 WAEEANT OF COMMITMENT : 
 
 against a public servant for larceny or embezzlement ... 63 
 
 WATEECOUESEi 
 
 injuring any ... llo 
 
 - mjunng any piles, so. of iJ-o 
 
504 Index. 
 
 WBIK: ,,, 
 
 ' injuring any P<V^ 1|° 
 
 injuring any piles, &c. of '■'■ 
 
 WHAEF: 
 
 stealing from ^' 
 
 injuring any l|° 
 
 injuring any piles, Sea, of '■^^ 
 
 WHIPPING : 
 
 as to, under Larceny Act J^ 
 
 as to, under Malicious Injuries Act '^' 
 
 for offences against the Offences against the Person Act ... 230 
 
 WILL : 
 
 stealing, destroying, &o *'■ 
 
 indictment for stealing, destroying, &c ^^ 
 
 forgery of 1S4 
 
 WITNESS: 
 forgery of signature of to any deed, &c. ... .;• ••■ ^^^ 
 
 as to impeaching credit of, by the side by which he is called 
 
 upon a criminal trial 319 
 
 as to proof of contradictory statements made by adverse 
 
 witness 320 
 
 cross-examination as to previous statements in writing ... 320 
 how proof of previous conviction of witness may be given 320 
 
 as to proof by attesting witness 321 
 
 expenses of, when they may be granted thongh there is no 
 
 committal 324, 325 
 
 for an accused party before the committitig justices 375 
 
 deposition of 376 
 
 expenses of 377 
 
 if dangerously ill, deposition may be taken 378 
 
 who objects to be sworn, declaration of 380 
 
 parties in actions for breach of promise of marriage 417 
 
 parties, and their husbands and wives to be witnesses in 
 
 suits for adultery ... ... 417 
 
 persons objecting to take an oath allowed to make a decla- 
 ration ... „, 417 
 
 WOOD: 
 fixed to a building, stealing 43 
 
 WOEKS OF AET : 
 injuries to 120 
 
 WOUNDING: 
 
 with intent to murder 201 
 
 with intent to do grievous bodily harm ... * 204 
 
 WEECK: 
 destroying any part of .. 124 
 
 WEIT : 
 stealing, &c. ... ,,, ,., ^ 42 
 
 WEITING: 
 
 sending, demanding money, &o. with menaces 49 
 
 sending, &c. threatening to accuse of crime with intent to 
 extort 5Q 
 
 WEITING OBLIGATOBT: . "j 
 
 forgery of _ I53 
 
\