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MUSIC AND DANCING.

OFFENCE.

Class of Offence and Statute or Authority.

396. Keeping place for, without licence, in the metropolis, or 25 Geo. 2, c. 36, s. 1. within twenty miles thereof.

MUTINY, inciting to.

37 Geo. 3, c. 70.

NAVAL PRISONS. See 29 & 30 Vict. c. 109, ss. 82, 83.

NAVAL STORES.

397. Without lawful authority (proof of which lies on the M. 32 Vict. c. 12, 8. 4 accused) applying any of the authorized marks of ownership in or on any such stores.

[See description of the marks in Note 327, Vol. I. p. 640.]

398. With intent to conceal her Majesty's property in any
stores, taking out, destroying, or obliterating, wholly or
in part, any such mark.

NAVIGATION, Obstructing. See Offence 357, tit. "Malicious
Injuries."

NAVY (DISCIPLINE), 29 & 30 Vict. c. 109, s. 45.

NAVY (MARINE FORCES).

(Note 98).

F. Id. s. 5.

399. Fraudulently confessing himself to be a deserter [to be M. 30 Vict. c. 14, s. 53. deemed guilty of obtaining money under false pretences within 24 & 25 Vict. c. 96] [or punished summarily].

NEWFOUNDLAND.

400. Crimes in. [See 10 & 11 Will. 3, c. 25, s. 13.]

NITRO-GLYCERINE. See tit. "Dangerous Goods," "Explo

sive Substances."

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 representation 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." Sect. 7. "One of her Majesty's principal secretaries of state shall from time to time make such rules and regulations to be observed on the execution of judgment of death in every prison as he may from time to time deem expedient for the purpose, as well as of guarding against any abuse in such execution, 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;" and by sect. 8, "all such rules and regulations shall be laid upon the tables of both houses of parliament within six weeks after the making thereof, or if parliament be not then sitting, within fourteen days after the next meeting thereof." By sect. 10, "Every certificate and declaration and the duplicate of the inquisition required by this act shall in each case be sent with all convenient speed by the sheriff to one of her Majesty's principal secretaries of state, and printed copies of the 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 within which judgment of death is executed." Sect. 11. "The duties and powers by this act imposed on or vested in the sheriff may be performed by and shall be vested in his under-sheriff or other lawful deputy, acting in his absence, and with his authority,

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and any other officer 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 no 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 place of the chaplain." Sect. 15, "The omission to comply with any provision of this act shall not make the execution of judgment of death illegal in any case where such execution would otherwise have been legal." Sect. 16, "Except in so far as is hereby otherwise provided, judgment of death shall be carried into effect in the same manner as if this act had not passed."

97 Enactment.] By The Vexatious Indictments Act," 22 & 23 Vict. c. 17, s. 1, an indictment cannot be preferred for "conspiracy," without a previous inquiry before justices, or the order of a judge, &c. (see ante, pp. 876, 877).,

98 "NAVAL STORES:" Apprehension of Offenders-Search Warrant-Prosecution by Admiralty-Incorporation of Provisions of Larceny Act, 1861.] 32 Vict. c. 12, s. 10, incorporates parts of the "Larceny Consolidation Act, 1861," 24 & 25 Vict. c. 96, viz. sects. 98 to 100, 103, 107 to 113, and 115 to 121. These provisions relate as follow:4 E

0.8. VOL. II.

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OFFENCE.

Class of Of and Statute or Au

NUISANCES.

401. Obstructing highway, river, bridge,-not repairing same,
-carrying on offensive or hazardous trade,-keeping
large quantities of combustible matters near dwellings,
keeping a fierce dog or a bull loose,-and numerous
others.
"Gaming

[See further tits. "Disorderly Houses,"

Houses," "Indecency," "Public Health," and
"Unwholesome Meat."]

OATHS (UNLAWFUL).

M. Commer

402. Administering,-or causing to be administered,-any oath F. 52 Geo. 3, to commit any treason or murder, or any felony punish

able by law with death.

403. Taking same without being compelled.

s. 1.

Id.

s. 1.

404. Administering,--or causing to be administered,- -or pre- F. 37 Geo. 3, sent at the administering of, any oath to disturb the public peace, or to engage in seditious purposes, &c. ;or taking same without being compelled.

OATHS (VOLUNTARY).

405. Justice of the peace or other person administering an oath M. 5 & 6 Will. 4 when not authorized by law.

[See authorities, tit. "Oaths," in Chap. II. of Part III.]

OBSCENE BOOKS. See tit. "Indecency."

OFFICE.

8. 13.

406. Buying or selling of offices,-or soliciting for money, &c. M. 5 & 6 Edw. 6,
[MEM. By "The Regulation of the Forces Act, 1871," 49 Geo. 3, c. 126,
34 & 35 Vict. c. 86, s. 2, no person is to be punished 6 Geo. 4, c. 105,-
under the 5 & 6 Edw. 6 and 49 Geo. 3 for any offence
committed previously to the 1st Nov. 1871.]

[For refusing to execute an office, see tit. "Constables,"
Offence 149.]

ORE, Stealing. See Offences 310, 311, tit. "Larceny."

OYSTERS. See Offences 298-300, tit. "Larceny."

PARTNERS, Larceny or Embezzlement by. See tits. "Bankers," "Embezzlement," and Offence 325, tit. "Larceny."

Sect. 98, as to principals in the second degree, and accessories in felonies, and ab in misdemeanors; sect. 100, as to restitution of property; sect. 103, as to apprehe of offenders by persons in general without warrant and issue of search warran Note 78, ante, p. 1107); sect. 115, as to Admiralty jurisdiction; sect. 116, as to of indictment for subsequent offence; sect. 117, fine and sureties in addition to imp ment, &c.; sect. 118, as to hard labour; sect. 119, solitary confinement and whipp and sect. 121, costs allowed in misdemeanors. See also, sect. 12, in Note 329, p. 641, as to summary convictions.

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OFFENCE.

Class of Offence and Statute or Authority.

PERJURY (Note 100).

407. Perjury or subornation of perjury at common law.
[MEM. The oath must be taken-1. In a judicial proceed-
ing; 2. Before a competent jurisdiction or authority;[1
3. It must be material to the question depending (Reg.
v. Gibbons, 31 L. J. (N. S.) M. C. 98; 1 Leigh &
Cave, C. C. 109; 4. It must be false, or not known by
defendant to be true; and 5. It must be taken de-
liberately and intentionally.]

M. Common Law.*

Hawk. c. 69; 3 Russ. on Cr., 4th ed. p. 1, &c.; Arch. Cr. Pl. by Bruce, 16th ed. pp. 754-771.]

408. Perjury or subornation of perjury, by statute 5 Eliz. c. 9. M. 5 Eliz. c. 9, s. 3. [Vide MEM. to Offence No. 407, supra.]

409. Perjury before a committee of the House of Lords [or M. 21 & 22 Vict. c. 78, before the House of Commons or a committee thereof,

34 & 35 Vict. c. 83, s. 1].

410. Perjury before surrogate under Probate Act.

8. 3.

M. 21 & 22 Vict. c. 95,

s. 34.

411. Perjury before Divorce Court, or in affidavits before com- M. 20 & 21 Vict. c. 85, missioners.

412. Perjury before a judge of a County Court.

[MEM. There are various other offences of this character
punishable under particular statutes. As to perjury in
affidavits, &c. taken out of England in relation to crown
suits,
(See opposite.)

PERSON, Larceny from the. See Offence 312, tit. "Larceny."

PERSONATION. See "False Personation."

413. Personation of soldiers for their prize money, &c. [Of seamen, see tit. "Admiralty."

s. 50; 21 & 22 Vict. c. 108, s. 23. M. 9 & 10 Vict. c. 95, s. 84.

F. 2 Will. 4, c. 53, s. 49; 7 Geo. 4, c. 16, s. 38.

8. 34.

414. Whosoever, without lawful authority or excuse (the proof F. 24 & 25 Vict. c. 98, whereof shall lie on the party accused), shall, in the name of any other person, acknowledge any recognizance or bail, or any cognovit actionem, or judgment, or any deed or other instrument, before any court, judge, or person lawfully authorized in that behalf.

the form of the indictment, &c. No depositions of witnesses will be necessary to be taken under the enactment of 14 & 15 Vict. c. 100, s. 19, as in ordinary cases of commitment for trial; but if the prosecution should not be made under it, it may be commenced in the usual way by an information, warrant and depositions as in other charges of indictable offences. The forms of commitment and certificate of prosecution, being directed, will be found in Oke's "Formulist," 6th ed. pp. 591, 592, Nos. 443, 444. The recognizance of bail will be No. 71, p. 501; to prosecute, No. 64, p. 497. Where more than one offender charged, there must be separate examinations, as the words uttered by one cannot possibly be applied to those which proceed from another (Young v. Reg., 3 T. R. 103, 104; R. v. Phillips, 2 Stra. 921; 2 Hawk. c. 25, s. 89). By 22 & 23 Vict. c. 17, ante, pp. 875, 876, an indictment cannot be preferred for "perjury"

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