OFFENCE.

Class of Offence
and

Statute or Authority.

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.

[See further tits. "Disorderly Houses," "Gaming
Houses," "Indecency," "Public Health," and
"Unwholesome Meat."]

OATHS (UNLAWFUL).

M. Common Law.

402. Administering,- -or causing to be administered,-any oath F. 52 Geo. 3, c. 104, 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, c. 123, 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, c. 62, when not authorized by law.

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

OBSCENE BOOKS. See tit. "Indecency."

OFFICE.

s. 13.

406. Buying or selling of offices,— -or soliciting for money, &c. M. 5 & 6 Edw. 6, c. 16: [MEM. By The Regulation of the Forces Act, 1871," 49 Geo. 3, c. 126, s. 3; 34 & 35 Vict. c. 86, s. 2, no person is to be punished 6 Geo. 4, c. 105, s. 10. 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 abettors in misdemeanors; sect. 100, as to restitution of property; sect. 103, as to apprehension of offenders by persons in general without warrant and issue of search warrant (see Note 78, ante, p. 1107); sect. 115, as to Admiralty jurisdiction; sect. 116, as to form of indictment for subsequent offence; sect. 117, fine and sureties in addition to imprison ment, &c.; sect. 118, as to hard labour; sect. 119, solitary confinement and whipping; and sect. 121, costs allowed in misdemeanors. See also sect. 12, in Note 329, Vol. I. p. 641, as to summary convictions.

99 "OATHS (UNLAWFUL):" Venue.] For the Offences 402, 403, the offender may be tried before a court of oyer and terminer in any county in England, as if the offence were committed there (52 Geo. 3, c. 104, s. 8).

100 "PERJURY: " Mode of Prosecution for Perjury.] Since the passing of the 11 & 12 Vict. c. 42, the justice may commit for trial for perjury at common law, as the act any "indictable offence " (see ante, p. 893). The course of proceeding in cases of perjury and subornation of perjury before justices has been specially provided for by 14 & 15 Vict. c. 100, s. 19, set out in Vol. I. p. 91. Sects. 20, 21, 22 relate to

includes

OFFENCE.

Class of Offence
and

Statute or Authority.

PERJURY (Note 100).

M. Common Law.*

407. Perjury or subornation of perjury at common law. [MEM. The oath must be taken-1. In a judicial proceeding; 2. Before a competent jurisdiction or authority;[1 Hawk. c. 69; 3 Russ. 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 deliberately and intentionally.]

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."

414. Whosoever, without lawful authority or excuse (the proof
whereof shall lie on the party accused), shall, in the
name of any other person, acknowledge any recogni-
zance 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.

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. F. 24 & 25 Vict. c. 98, s. 34.

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). & 23 Vict. c. 17, ante, pp. 875, 876, an indictment cannot be preferred for "perjury"

By 22

or "subornation of perjury" without a previous inquiry before justices, or by order of a judge, &c., or the prosecution is directed by 14 & 15 Vict. c. 100, s. 19, supra. (See Reg. v. Heane, 33 L. J. (N. S.) M. C. 115, as to what offences are "perjury" within this enactment, and Reg. v. Tomlinson, 36 L. J. (N. S.) M. C. 41; 15 Law T., N. S. 188.)

101 "PIRACY:" Piracy at Common Law and by Statute.] The offence of piracy at common law is nothing more than robbery upon the high seas; but by statutes passed at various times, and still in force, many artificial offences have been created (4 Bla. Comm. 72; Boothby's Synopsis, 2nd edit. p. 347). Those other offences which are declared piracy are:-Acts of hostility by a subject of this realm against a subject at sea, under colour of a foreign commission (11 & 12 Will. 3, c. 7, s. 8; 18 Geo 2, c. 30,

OFFENCE.

Class of Offence and Statute or Authority.

PHARMACY ACTS, 1852, 1868.

ss. 15, 16; 31 & 32 Vict. c. 121, s. 14.

414a. Any registrar wilfully making or causing to be made M. 15 & 16 Vict. c. 56, any falsification in any matter relating to the registers of pharmaceutical chemists and chemists and druggists, -or any person wilfully procuring or attempting to procure himself to be registered under the Pharmacy Act, 1852 or 1868, by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing,or any person aiding or assisting him therein.

PICTURES, Damaging in Museums. See Offence 362, tit. "Malicious Injuries."

PIRACY.

415. Piracy at common law (see Note 101).

F. Common Law.

[As to piracy by statute, see also Note 101.]

c. 88, s. 2.

416. Whosoever, with intent to commit, -or at the time of or F. 7 Will. 4 & 1 Vict. immediately before or after committing.-the crime of piracy, in respect of any ship or vessel, shall assault with intent to murder any person on board of or belonging to such ship or vessel,- -or stab, cut or wound such person, or do any act whereby the life of a person may be endangered.

Accessory after the fact.

POISON.

[See ante, pp. 904, 905, as to the jurisdiction of the
Admiralty, and see tit. "Sea, Offences at."]

F. Id. s. 4.

s. 23.

417. Administering Poison to inflict Injury, &c.] Whosoever F. 24 & 25 Vict. c. 100, shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm.

418. Whosoever shall unlawfully and maliciously administer to
or cause to be administered to or taken by any other per-
son any poison or other destructive or noxious thing, with
intent to injure, aggrieve or annoy such person.
[Administering with intent to murder, and attempting to
administer, see Offences 65-68, tit. "Attempts to
Murder," administering to procure abortion, tit.
"Abortion."]

M. Id. s. 24.

s. 1). Forcibly boarding a merchant ship, and throwing overboard or destroying the goods. Trading with pirates, or fitting out a vessel for that purpose (8 Geo. 1, c. 24, 8. 1). Master or seamen running away with the ship or goods, or laying violent hands on or confining the master, or making a revolt in the ship (11 & 12 Will. 3, c. 7, s. 9). Dealing in slaves upon the high seas, or in any place where the admiral has jurisdiction,