OFFENCE. DISSENTERS. See tits. "Church or Meeting Houses," and "Sacrilege." DOCKS. See Offence 320, tit. "Larceny;" Offences 356, 357, tit. "Malicious Injuries." DOGS, stealing. See Offences 295-297, tit. "Larceny." DRIVERS OF CARRIAGES. Class of Offence and Statute or Authority. 8. 35. 163. Whosoever having the charge of any carriage or vehicle, M. 24 & 25 Vict. c. 100, shall, by wanton or furious driving or racing or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever. DROWN, Attempting to. See Offences 45, 68, tits. "Assaults," 66 'Attempts to Murder." Burglary;" DWELLING HOUSES. See tits. "Arson," 66 EAST INDIES, Offences in. See tit. "India." ELECTIONS (PARLIAMENTARY). 164. In General.] Wilfully making a false answer to questions M. 6 & 7 Vict. c. 18, put by returning officer at elections for members of parliament. 165. Knowingly personating or falsely assuming to vote as a voter. s. 81. Id. ss. 83-89 (Note 46). 166. Falsely or fraudulently signing a declaration [voter's de- M. 28 Vict. c. 36, s. 11. claration of change of abode, s. 10] in the name of another, whether living or dead, or knowingly transmitting as genuine a false or falsified declaration,knowingly and wilfully making a false statement in declaration. evidence, the constable [or overseers, 58 Geo. 3, c. 70, s. 7] enter into a recognizance in £30 to prosecute (25 Geo. 2, c. 36, s. 5). The justice may then issue his warrant to apprehend the person accused, and bind him over to answer the charge, and for good behaviour in the meantime (Id. s. 6), first, as a precautionary step, taking the depositions to prove the charge pursuant to the later and general enactments of 11 & 12 Vict. c. 42, s. 17, ante, p. 945, which is not inconsistent with the procedure in these cases and the earlier acts. As to what is a "keeping," see Reg. v. Barrett, 32 L. J. (N. S.) M. C. 36; 7 Law T., N. S. 435; Reg. v. Stannard, 33 L. J. (N. S.) M. C. 58; 9 Law T., N. S. 428; Reg. v. Rice and Wilton, 35 L. J. (N. S.) M. C. 93; 13 Law T., N. S. 678; Baxter v. Langley, 38 L. J. (N. S.) M. C. 1. The quarter sessions of a borough have jurisdiction to try the offence, notwithstanding the language of the act (Reg. v. Ann Charles, 31 L. J. (N. S.) M. C. 69; 5 Law T., N. S. 328). This offence is also indictable at common law on the prosecution of a private individual, but then it must be at his own expense. By the 22 & 23 Vict. c. 17, ante, pp. 878, 879, an indictment cannot be preferred for the offence of "keeping a disorderly house" without a previous inquiry before justices, or a judge's consent, &c. With reference to the costs of prosecution, they are to be ascertained by two justices, and paid by the overseer to the officer prosecuting [ride Form of Justices' Certificate, Oke's "Formulist," 6th ed. p. 757]; and 164 No. 167, p. 542. Assizes (5 & 6 Vict. Compulsory. Fine, or imprisonment, No. c. 38). or both. if a conviction takes place, £10 also to each of the two inhabitants; and on refusal to pay, the overseers are to forfeit double the sum (25 Geo. 2, c. 36, s. 5). 46"ELECTIONS (PARLIAMENTARY):" Apprehension of Personator.] By 6 & 7 Vict. c. 18, s. 87, persons charged with personation are to be taken before two justices, and bailed in certain cases. If the justices are satisfied that the person charged has been guilty of personation, they are to commit him for trial (s. 88); but if the charge is unfounded, they may order compensation to be paid to the person charged (s. 89). The 28 Vict. c. 36, is incorporated with 6 & 7 Vict. c. 18. 47 How long 17 & 18 Vict. c.102 in force-Time of Prosecution-Costs.] The act 17 & 18 Vict. c. 102, originally in force for one year, is now continued by 34 & 35 Vict. c. 95, until the 8th June, 1872, "and end of then next session." By 17 & 18 Vict. c. 102, s. 14, the prosecution must be commenced within the space of one year next after the offence committed; and see Reg. v. Leatham, 3 Law T., N. S. 504, and 26 Vict. c. 29, 8. 5. The court trying the offence may order payment of the prosecutor's costs (17 & 18 Vict. c. 102, s. 10). In cases of private prosecutions, if judgment given for the defendant, he is to recover his costs from the prosecutor (s. 12); but the prosecutor is not to be entitled to costs unless he shall have entered into a recognizance to conduct the prosecution and pay costs (s. 13). OFFENCE. Class of Offence and Statute or Authority. ELECTIONS (PARLIAMENTARY)-continued. 167. Persons bribing. [See the several articles of this section for M. 17 & 18 Vict. c. 102, the particular acts defining "Bribery."] s. 2 (Note 46). 168. Voter receiving a bribe before, during, or after election [By 30 & 31 Vict. c. 102, s. 11, an elector voting who has been employed for reward for a candidate within 6 months is guilty of a misdemeanor.] 169. Persons using undue influence to induce voter to vote or refrain from voting. [By 30 & 31 Vict. c. 102, s. 49, the corrupt payment of rates for these purposes is punishable as bribery.] Id. s. 3. Id. s. 5. 170. Any person making any payment, advance, loan, or de- M. 26 Vict. c. 29, s. 1. posit by or on behalf of a candidate otherwise than through authorized agents. 171. Agent or candidate wilfully furnishing to returning 30 & 31 Vict. c. 102, s. 50, a returning officer acting as Id. s. 4. s. 5. 172. Universities.] Falsely or fraudulently signing voting paper M. 24 & 25 Vict. c. 53, [used in election of members of parliament for the Universities] in the name of any other person, either as a voter or witness, -or knowingly signing, attesting or tendering, &c. as genuine a false or falsified voting paper, or falsely making a declaration [of knowledge of voter, &c. (s. 2)],— ‚—or with fraudulent intent altering, destroying, &c. a voting paper,—or wilfully making false answer to returning officer. ELECTIONS (MUNICIPAL). See "Elections (Parliamentary”). By sect. 3 of the "Corrupt Practices (Municipal Elections) Act, 1872," 35 & 36 Vict. c. 60, it is enacted, that "The offences of bribery, treating, undue influence and personation, shall be deemed to be corrupt practices at an election for the purposes of this act. The terms bribery,' 'treating,' undue influence,' and 'personation' shall respectively include anything committed or done before, at, after, or with respect to an election, which if done before, at, after, or with respect to an election of members to serve in parliament, would render the person committing or doing the same liable to any penalties, punishments or disqualifications for bribery, treating, undue influence or personation, as the case may be, under any act for the time being in force with respect to elections of members to serve in parliament. Any person who is guilty of a corrupt practice at an election shall be liable to the like actions, prosecutions, penalties, forfeitures and punishments, as if the corrupt practice had been committed at an election of members to serve in parliament." 35 & 36 Vict. c. 60. Page, &c. of Formulist. 167 No. 169, p. 542. Where triable. As to Bail. Punishment. If Costs of Prosecution allowed. Assizes (s. 10). Discretionary. Fine, or imprisonment, or both. Yes (see ss. 10, 12, 13, Note 47). OFFENCE. Class of Offence and Statute or Authority. EMBEZZLEMENT (Note 48). 8. 68. 173. Whosoever being a clerk or servant,- -or being employed F. 24 & 25 Vict. c. 96, for the purpose or in the capacity of a clerk or servant, -shall fraudulently embezzle any chattel, money, or valuable security, which 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 (Note 49). 174. Embezzlement by an officer or servant of the governor and company of the bank of England. 66 [As to embezzlement by partners, see Offence 325, tit. ENLISTMENT. See titles "Foreign States," "Military Law,' ENTRY (FORCIBLE) AND DETAINER. 175. Into a freehold or leasehold. F. Id. s. 73. M. 5 Rich. 2, c. 8; 15 Rich. 2, c. 2; 21 Jac. 1, c. 15; 8 Hen. 6, c. 9. 176. At common law. [1 Hawk. c. 64, s. 28.] M. Common Law. 177. Not assisting justices in arresting persons holding forcible M. 15 Rich. 2, c. 2. possession. 48"EMBEZZLEMENT:" Apprehension of Offenders without Warrant—Restitution of Property.] Note 78 to title "Larceny," post, is applicable to this title. 49 Enactments Decisions-When a Servant or Agent not a Partner.] By 24 & 25 Vict. c. 96, s. 71, the indictment may charge any number of distinct acts of embezzlement, not exceeding three, committed by the offender against the same master within six calendar months from the first to the last of such acts, and may allege the embezzlement of money or a valuable security (defined by s. 1, Note 80, tit. "Larceny," post) to be of money, without specifying the particular coin or valuable security; proof of any amount being sufficient [and in the case of a valuable security, being a cheque, proof also of its having been paid; Reg. v. Keene, 17 Law T., N. S. 515] to sustain the indictment; and by s. 72 (set out in extenso in Note 86, post), the jury may find the prisoner not guilty of this offence, but guilty of simple larceny, or of larceny as a clerk or servant, who can be punished as if he had been indicted for such larceny; and if he is indicted for larceny, he may be convicted of embezzlement. The employment is to be inferred from the course of business (Reg. v. Hastie, 32 L. J. (N. S.) M. C. 63; 7 Law T., N. S. 695). As to the persons within and not within the act as a clerk or servant it may be said generally that the accused must be subject as to his duties to the directions of the prosecutor to be such clerk or servant, a mere volunteer not being punishable for non-accounting (Reg. v. Mayle, 11 Cox, C. C. 150 (Recorder)). See the cases thereon and as to the act of embezzling, of Reg. v. Lister, 1 Dears, & Bell, |