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DISSENTERS. See tits. “Church or Meeting Houses," and

Sacrilege."

DOCKS. See Offence 320, tit. “Larceny;" Offences 356, 357,

tit. “Malicious Injuries."

DOGS, stealing. Sce Offences 295—297, tit. “Larceny."

8. 35.

DRIVERS OF CARRIAGES.
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. Sec Offenccs 45, 68, tits. Assaults,"

* Attempts to Murder." DWELLING HOUSES. See tits. “Arson," “Burglary;" Offence 317, tit. “Larceny,"

” “Housebreaking.” EAST INDIES, Offences in. See lit. “India."

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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 par

8. 81. liament.

165. Knowingly personating or falsely assuming to vote as a

Id. 83. 83–89 (Vote

46).

voter.

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 trans-
mitting as genuine a false or falsified declaration,-or
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 Lav 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 hapo 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

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No.

164 No. 167, Assizes (5 & 6 Vict. Compulsory. Fine, or imprisonment, c. 38).

or both.

P. 542.

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it 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 (8. 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 ProsecutionCosts.] The act 17 & 18 Vict. c. 102, originally in force for one year, is now continued by 34 & 35 Vict. c. 95, tuntil 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, 5.6. 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).

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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.'']

8. 2 (Note 46),

168. Voter receiving a bribe before, during, or after election Id. 8. 3.

[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

Id. s. 5.
refrain from voting. [By 30 d. 31 Vict. c. 102, 8. 49,
the corrupt payment of rates for these purposes is punishable

as bribery.] 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

Id. s. 4.
officer an untrue statement of election expenses. [By
30 f. 31 Vict. c. 102, 8. 50, a returning officer acting as

agent for a candidate is guilty of a misdemeanor.] 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. à voting paper,—or wilfully making
false answer to returning officer.

8. 5.

ELECTIONS (MUNICIPAL). See "Elections (Parliamentary”).
By sect. 3 of the “ orrupt Practices (Municipal Elec- 35 & 36 Vict. c. 60.

tions) Act, 1872," 35 & 36 Vict. c. 60, it is enacted,
that “The offences of bribery, treating, undue in-
fluence and personation, shall be deemed to be cor-
rupt practices at an election for the purposes of this
act. The terms “bribery,' 'treating, undue in-
fluence,' 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 in-
fluence or personation, as the case may be, under any
act for the time being in force with respect to elec-
tions 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."

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Assizes
(5 & 6 Vict. c. 38).

Compulsory. Fine-or imprisonment

for a term not exc.

1 year (s. 5). [MEM. These provisions

are applied by 30 & 31 Vict. c. 102, s. 45, to elections for the Unitersity of London.]

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8. 68.

EMBEZZLEMENT (Note 48).
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

F. Id. s. 73.
and company of the bank of England.
[As to embezzlement by partners, see Offence 325, tit.

Larceny;" by members of banking companies, see
tit. “Bankers ;and by public servants and constables,

see tit. “Public Service."'] ENLISTMENT. See titles Foreign States," "Military Law,''

“Navy (Marine Forces),” and “Office."

ENTRY (FORCIBLE) AND DETAINER. 176. Into a freehold or leasehold.

M. 5 Rich. 2, c. 8; 15 Rich. 2, c. 2; 21 Jac. 1, c. 16; 8 Hen. 6, c. 9.

176. At common law. [1 Hawk. c. 64, 8. 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 ir

Larceny," post, is applicable to this title. 49 Enactments-- DecisionsWhen 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 ? 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,

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