Page, &c. of Formulist. 325 326 No. 320, P. 573. Sessions (Note 89). Discretionary. Pen. serv. 10-5 yrs.; -or impr. not exc. 2 Yes. Yes. h. 1., s. c., and, if a male under 16, w. (s. h. 1., s. c., and, if a male under 16, w. Same as Offence 328, Yes. verdict of guilty cannot be sustained upon evidence of embezzlement only (Reg. v. Gerbutt, 1 Dears. & B. C. C. 166; 26 L. J. (N. S.) M. C. 47).] LIBELS. (Note 88.) OFFENCE. Class of Offence and Statute or Authority. 330. Against the person and Government of the Queen. M. Common Law. 331. Against either house of parliament,-against the constitution, or against the administration of justice. M. Common Law. 8. 3. 332. Publishing—or threatening to publish any libel upon M. 6 & 7 Vict. c. 96, any person, or threatening to print and publish or proposing to abstain from or prevent the publishing of any matter or thing touching any other person, with a view to extort money, &c. 333. Maliciously publishing any defamatory libel, knowing the same to be false. Id. s. 4. 334. Maliciously publishing any defamatory libel. Id. s. 5. LODGERS' GOODS PROTECTION. 335. Lodger making or subscribing a declaration and inventory, M. 34 & 35 Vict. c. 79, knowing the same or either of them to be untrue in any material particular. LOTTERIES. 8. 1. 336. Setting up mischievous and unlawful games, called lot- M. 10 & 11 Will. 3, teries, or little goes. [See Reg. v. Crawshaw, 30 L. J. c. 17, s. 1; 42 Geo. 3, (N. S.) M. C. 58; 3 Law T., N. S. 510.] LUNATICS. c. 119, s. 1. 337. As to County or Borough Asylums.] Receiving a pauper M. 16 & 17 Vict. c. 97, into asylum without the order and medical certificate required. 8. 73. 338. The like, a person not a pauper. M. Id. s. 74. [MEM. Two medical certificates are required.] 339. Clerk of asylum wilfully making untrue entry of death, discharge or removal of a patient. Id. s. 93. Id. s. 122. 340. Any physician, surgeon, or apothecary falsely stating or certifying anything in any certificate, or any person signing a certificate as a physician, &c., when not so. 341. Any superintendent, officer, nurse, attendant, servant, or other person striking, wounding, illtreating or wilfully neglecting any lunatic. 66 Id. s. 123. 87 LETTER (THREATENING): " Apprehension of Offenders without Warrant.] Under 24 & 25 Vict. c. 97, see Note 90, post, p. 1125; under 24 & 25 Vict. c. 96, see Note 78, ante, p. 1047. There is no express authority given in the 24 & 25 Vict. c. 100, to apprehend offenders, except in sect. 66, of persons loitering at night and suspected of any felony against the act. 88 "LIBELS:" Witnesses for Accused justifying Libel.] It was held before the passing of "The Criminal Law Amendment Act, 1867," 30 & 31 Vict. c. 35, s. 3 (which allows witnesses to be called by a person charged with any indictable offence, that justices have no right to inquire into the truth of a charge of libel preferred before them, or to hear any other justification; and if publication is proved, they are bound to commit (Reg. v. Townsend, 10 Cox, C. C. 356, per Smith, J.). On the hearing before a magistrate of an information under sect. 5 of Lord Campbell's Act (6 & 7 Vict. c. 96) for maliciously publishing a defamatory libel, the magistrate has no jurisdiction to receive evidence, whether on cross-examination of the complainant's witnesses, or on the direct OFFENCE. Class of Offence and Statute or Authority. LUNATICS-continued. 342. As to Private Asylums.] The following sections of the [The 16 & 17 Vict. c. 96, s. 9, applies to a brother ill- 343. Criminal Lunatics.] Any person rescuing any person or- 344. Any superintendent, officer, nurse, attendant, servant, or other person employed in such asylum, striking, wounding, illtreating, or wilfully neglecting any person confined therein. MACHINERY. See Offences 347, 348, tit. "Malicious Injuries."| MAINTENANCE. 345. Of suits or quarrels of others. [See 5 Burn's Jus. 29th ed. F. 23 & 24 Viet. c. 75, s. 12. M. Id. s. 13. M. Common Law. pp. 2-5; 1 Hawk. c. 83, ss. 1, 2.] MALICIOUS INJURIES (Notes 90, 91). 8. 13. 346. To Buildings &c. by Tenants.] Whosoever, being possessed M. 24 & 25 Vict. c. 97, of any dwelling-house or other building, or part of any dwelling-house or other building, held for any term of years or other less term, or at will, or held over after the termination of any tenancy, shall unlawfully 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 building, or part of such dwelling-house or building. testimony of witnesses called by the accused to prove the truth of the libellous matter charged, on the ground that the truth is not in issue before him, and cannot at that stage constitute any defence. Reg v. Carden, 49 L. J., M. C. 1; 44 J. P. 119, 137. 89 Venue.] The offender may be tried either in the county, &c. from which the letter or writing was sent or posted (1 Campb. 215; R. v. Williams, 2 Campb. 506),— or in the county, &c. in which it was received (R. v. Girdwood, 2 East, P. C. 1120). - Search 90 "MALICIOUS INJURIES:" Apprehension of Offenders without Warrant for Gunpowder.] The apprehension of persons found committing any offence against the act is authorized by 24 & 25 Vict. c. 97, s. 61, Note 250, Vol. I. p. 534, which see. By sect. 57, "any constable or peace officer may take into custody, without warrant, any person whom he shall find lying or loitering in any highway, yard or other place during the night [not defined, but see Note 27, ante, p. 1047], and whom he shall have good cause to suspect of having committed or being |
