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OFFENCE.

Class of Offence
and

Statute or Authority.

ABORTION-continued.

s. 59.

8. Whosoever shall unlawfully supply or procure any poison or M. 24 & 25 Vict. c. 100, other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child*

ACCESSORIES (Note 4).

9. Before the fact to any felony.

(See opposite.)

[See sect. 2, ante, p. 884, and Reg. v. Gregory, 36 L. J. F. 24 & 25 Vict. c. 94, (N. S.) M. C. 60.]

ss. 1, 2.

10. After the fact to any felony under the Offences against the F. 24 & 25 Vict. c. 100, Person Act (except murder, for which see tit. “Murder”). s. 67.

11. After the fact to any felony under the Larceny, &c. Act F. 24 & 25 Vict. c. 96, (except a receiver of stolen property).

s. 98. 12. After the fact to any felony under the Malicious Injuries F. 24 & 25 Vict. c. 97, to Property Act. 8. 56.

13. After the fact to any other felony, whether at common law F. 24 & 25 Vict. c. 94, or by any act passed or to be passed. s. 3.

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[See further titles "Forgery," "Coin," "Larceny,"
"Malicious Injuries,' Principals in Second De-
gree."]

ACCOUNTS, FALSIFICATION OF. See "Falsification of Ac

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s. 47.

14. Whosoever shall accuse, or threaten to accuse, either the F. 24 & 25 Vict. c. 96, person to whom such accusation or threat shall be made, or any other person, of any infamous or other crimes [8. 46] with the view or intent to extort or gain from such person so accused or threatened to be accused, or from any other person, any property, &c. [See Reg. v. Redman, 39 L. J. (N. S.) M. C. 89.]

15. Whosoever, with intent to defraud or injure any other person, shall by any unlawful violence to, or restraint of, or threat of violence to or restraint of the person of another, -or by accusing, or threatening to accuse, any person of any treason, felony or infamous crime,-compel or induce any person to execute a deed, impress a seal, &c.

[See titles "Letter (Threatening)," and "Sodomy."]

F. Id. s. 48.

committed or being about to commit any felony in this act mentioned, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law." As to apprehension for felony seen to be committed, see Note 78, tit. "Larceny," and as to misdemeanors, see 14 & 15 Vict. c. 19, s. 11, ante, p. 913.

2 Decisions on 24 & 25 Vict. c. 100, s. 55.] Reg. v. Timmins, 1 Bell, C. C. 276; 30 L. J. (N. S.) M. C. 45; 3 Law T., N. S. 337; Reg. v. Primett, 1 F. & F. 50-Cockburn, C. J. Reg. v. Robb, 4 F. & F. 59-Pollock, C. B.; Reg. v. Frazer, 8 Cox, C. C. 436-Pollock, C. B.; Reg. v. Hibbert, 38 L. J. (N. S.) M. C. 61; 19 Law T., N. S. 799. A man took out of the possession and against the will of her father a girl of the age of

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9 Nos. 10, 11, Where principal Discretionary. Same as principal felon

P. 516.

Yes.

triable (24 & 25

(ss. 1, 2).

Vict. c. 94, s. 7).

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Pen. serv. life-5 yrs.
-or impr. not exc. 2
yrs., with or without
h. 1. and s. c. (s. 48).
[MEM. It is immaterial
from whom the me-
naces proceed (s. 49,
Note 84, post).]

Yes.

Yes.

fourteen, who, however, looked much older than sixteen; and the jury found as a fact that before the man took her away she had told him she was eighteen, and that he bona fide believed such statement, and that such belief was reasonable:-Held, that he was guilty of the misdemeanor within the section, though he did not know that the girl was under the age of sixteen, and even believed that she was over that age. Reg. v. Prince, 44 L. J., M. C. 122.

3 "ABORTION:" Decisions on 24 & 25 Vict. c. 100, s. 59.] Reg. v. Isaacs, 32 L. J. (N. S.) M. C. 52; 1 Leigh & Cave, C. C. 220; 7 Law T., N. S. 365; Reg. v. Hillman, 33 L. J. (N. S.) M. C. 60; 1 Leigh & Cave, C. C. 343; 9 Law T., N. S. 518.

0.8.

VOL. II.

3 U

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s. 6.

16. Uttering false petitions, certificates, &c., in order to sus- M. 28 & 29 Vict. c. 124, tain claim to pay wages, &c., from the compassionate fund of the navy, &c. [see the section, Offences 1, 2, ante, p. 282, the offences being also punishable summarily.] [MEM. Section 7 incorporates ss. 40, 41, 42, 50, 51, 52 and 53 of the Forgery Act, 24 & 25 Vict. c. 98, as to procedure, which are to apply to this misdemeanor. See tit. "Forgery."]

17. Personating any person entitled to pay, wages, prizemoney, &c., payable from Admiralty [see the section, Offence 3, ante, p. 282, the offence being also punishable summarily].

AFFRAY.

M. Id. s. 8.

18. Two or more persons fighting in some public place, to the M. 4 Bl. Comm. 145; terror of the people (Note 6).

AGENTS (Notes 7, 8).

1 Hawk. c. 63, ss. 1, 3.

s. 75.

19. Banker, merchant, broker, attorney or other agent en- M. 24 & 25 Vict. c. 96, trusted with money or security for money, with direction in writing to apply, &c. same or the proceeds for any purpose specified in such direction, in violation of good faith and contrary to terms of direction, converting money, &c. to his own use, &c.,

or

20. Entrusted with any chattel or valuable security [definition in Note 80, tit. " Larceny"] or power of attorney for sale or transfer of interest in public or other funds, for safe custody or special purpose, without authority to sell, &c., in violation of good faith and contrary to such object or purpose, selling, negotiating, &c., or converting such chattel, security, &c.

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4"ACCESSORIES:" Several Accessories—Admiralty Jurisdiction.] By 24 & 25 Vict. c. 94, s. 6, any number of accessories at different times to any felony, and any number of receivers at different times of property stolen at one time, may be charged with substantive felonies in the same indictment, and may be tried together, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice." See also other enactments as to accessories, ante, pp. 885-888; and as to the jurisdiction of the Admiralty, see s. 9, ante, p. 886.

5 "ACCUSING OF CRIME:" Apprehension of Offenders without Warrant-Restitution of Property.] Note 78, tit "Larceny," is applicable to the offences in this title.

6 "AFFRAY:" The parties may, instead of being committed for trial for the affray, or an assault, or an indictment preferred against them, in the first instance be bound over to keep the peace. See title "Prize Fights," and Chap. II. of Part III.

7 "AGENTS" Apprehension of Offenders without Warrant-Restitution of Property. Note 78, in tit. "Larceny," post, is applicable to the offences in this title.

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8 Definitions of terms intrusted," ""advance," &c.-Exceptions to Offences.] Sect. 79 contains a variety of definitions too long to insert here. By 24 & 25 Vict. c. 96, s. 85,

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"nothing in any of the last ten preceding sections of this act contained [i.e. those under this title and Fraudulent Trustees,' post] shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding in any court, or upon the hearing of any matter in bankruptcy or insolvency; and no person shall be liable to be 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 proceedings which shall have been bonâ 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" (see Reg. v. Skeen and Freeman, 1 Bell, C. C. 97; 28 L. J. (N. S.) M. C. 91). By sect. 86, "nothing in any of the last eleven preceding sections of this act contained, nor any proceeding, conviction or judgment to be had or taken thereon against any person under any of the said sections, shall prevent, lessen or impeach any remedy at law or in equity

OFFENCE.

Class of Offence
and

Statute or Authority.

AGENTS-continued.

8. 78.

21. Factor or agent intrusted for sale or otherwise with goods, M. 24 & 25 Vict. c. 96, or document of title to goods [definition in Note 80, tit. "Larceny "]-contrary to or without authority of his principal, for his own use, and in violation of good faith, making any consignment, deposit, &c. of goods or document, by way of pledge, &c.,

or

22. Contrary to or without authority, for his own use, accepting advance of money, &c. on faith of contract to consign, deposit, &c. such goods or document ;

or

23. Any clerk or other person wilfully acting and assisting in making consignment, deposit, &c.

ALIENS.

[See further, tits. "Fraudulent Trustees," "Vendors."]

24. Any person wilfully and corruptly making or subscribing M. 33 & 34 Vict. c. 102, any declaration under the Naturalization Act, 1870 [33|

Vict. c. 14], knowing the same to be untrue in any
material particular.

ANATOMY. See tit. "Dead Bodies."

APPRENTICE.

25. Master ill-treating a parish apprentice.

s. 2.

ARMS.

[Neglecting to provide food, &c., see tit. "Servants."]

M. 32 Geo. 3, c. 57,

s. 11.

26. Training to the use of ;-or aiding or assisting therein;-M. 60 Geo. 3 & 1 Geo. 4,
or present for the purpose of being trained;—or being
trained.

[MEM. The prosecution is to be commenced within six
calendar months (s. 7).]

ARSON (Notes 9, 10).

c. 1, s. 1.

s. 1.

27. To Buildings and Goods therein.] Whosoever shall unlaw- F. 24 & 25 Vict. c. 97, fully and maliciously set fire to any church, chapel, meeting-house, or other place of divine worship.

28. Whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being therein [see Reg. v. Edgell, 11 Cox, C. C. 132].

F. Id. s. 2.

which any party aggrieved by any offence against any of the said sections might have had if this act had not been passed; but no conviction of any such offender shall be received in evidence in any action at law or suit in equity against him;-and nothing in the said sections contained shall affect or prejudice any agreement entered into or

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