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LELAND STANFORD JR. UNIVERSITY.

a.36320
Entered, according to the Act of Congress, in the year 1841, by

T. & J. W. JOHNSON,
In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1846, by

T. & J. W. JOHNSON, In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1852, by

T. & J. W. JOHNSON, In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1854, by

T. & J. W. JOHNSON & Co., In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1866, by

T. & J. W. JOHNSON & Co., In the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

Entered, according to the Act of Congress, in the year 1874, by

T. & J. W. JOHNSON & Co.,
In the Omce of the Librarian of Congress at Washington.

Entered, according to the Act of Congress, in the year 1888, by

T. & J. W. JOHNSON & Co.,
In the Office of the Librarian of Congress at Washington,

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Blowing up dwelling-house, any person being therein

building with intent to murder
Placing gunpowder, etc., near any building with intent to destroy
Placing gunpowder, etc., near any ship or vessel with intent to

destroy
Placing gunpowder, etc., near any ship or vessel with intent to do

bodily injury
Injuries to persons by gunpowder, etc.
Sending or throwing explosive or 'dangerous substance
Making or having possession of gunpowder, etc.
Proof of malice
Persons endangered within sect, 9 of 24 & 25 Vict. c. 97
Meaning of explosive substance.
Explosive Substances Act, 1875
Explosive Substances Act, 1883
Injuries by persons in possession
Form of indictment

485 485 485 486 486 486 486 486 487 488 488

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Blowing up dwelling-house, any person being therein. By the 24 & 25 Vict. c. 97, s. 9, “whosoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, destroy, throw down or damage the whole or any part of any dwelling-house, any person being therein, or of any building whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three [now five years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping."

Blowing up building with intent to murder. By the 24 & 25 Vict. c. 100, s. 12, "whosoever, by the explosion of gunpowder or other explosive substance, shall destroy or damage any building with intent to commit murder, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three [now five] years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement.”

Placing gunpowder, etc., near any building with intent to destroy. By the 24 & 25 Vict. c. 97, s. 10,“whosoever shall unlawfully and maliciously place, or throw in, into, upon, under, against, or near any building any gunpowder or other explosive substance, with intent to *destroy or damage any building, or any engine, machinery, working tools, fixtures, goods, or chattels, shall, whether or

[*485 not any explosion take place, and whether or not any damage be caused, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three (now five] years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping.”

Placing gunpowder near any ship or vessel with intent to destroy it. By the 24 & 25 Vict. c. 97, s. 45, whosoever shall unlawfully and maliciously place or throw in, into, upon, against, or near any ship or vessel any gunpowder or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explosion take place, and whether or not any injury be effected, be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen and not less than three (now five] years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping."

Placing gunpowder near any ship or vessel with intent to do any bodily injury. By the 24 & 25 Vict. c. 100, s. 30, “whosoever shall unlawfully and maliciously place or throw in, into, upon, against, or near any building, ship, or vessel any gunpowder or other explosive substance with intent to do any bodily injury to any person, shall, whether or not any explosion take place, and whether or not any bodily injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three [now five] years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping."

Injuries to person by gunpowder, etc. By the 24 & 25 Vict. c. 100, s. 28, “ whosoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do any grievous bodily harm to any person, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court, to be kept in penal servitude for life or for any term not less than three [now five years, or to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping."

Sending or throwing explosive or dangerous substances. By s. 29, “whosoever shall unlawfully and maliciously cause any gunpowder or other explosive substance to explode, or send or deliver to, or cause to be taken or received by any person any explosive substance, or any other dangerous or noxious thing, or put or lay at any place, or cast or throw at or upon, or otherwise apply to any person any corrosive fluid, or any destructive or explosive substance, with intent *in any of the cases aforesaid to burn, maim, disfigure, or disable

[*486 any person, or to do some grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three (now five] years, or to be imprisoned forany term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping."

Making or having possession of gunpowder, etc. By the 24 & 25 Vict. c. 97, s. 54, “ whosoever shall make or manufacture, or knowingly have in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this act mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement, and if a male under the age of sixteen years with or without whipping.”

A similar provision is contained in the 24 & 25 Vict. c. 100, s. 64.

See as to keeping large quantities of gunpowder or other explosive substances, post. tit. “Nuisances.

Proof of malice. As to malice against the owner of the property being unnecessary, see 24 & 25 Vict. c. 97, s. 58, supra, p. 289.

Persons endangered within sect. 9 of 24 & 25 Vict. c. 97. It would seem from the report of a case in Cox's Crown Cases, that the endangering of life to be within 24 & 25 Vict. c. 97, s. 9, must result from the damage done to the building particularized in the indictment, and the statute includes the case of persons outside the building whose lives are imperilled by anything proceeding from the damaged building. R. v. McGrath, 14 Cox, C. C. 598. Endangering of life by damage done to other buildings not mentioned in the indictment which are injured by the explosion, is not evidence of the endangering of life alleged in the indictment, but evidence of the damage done to them is admissible for the purpose of showing the character of the explosion damaging the building mentioned in the indictment.

Explosive substance. It must be shown under section 10 that the substance thrown was in a condition to explode at the time it was thrown. The throwing of a bottle of gunpowder alone which by itself would not explode, would not be within the section. R. v. Sheppard, 11 Cox, C. C. 302. Per Kelly, C. B.

Explosive Substances Act, 1875. The Explosive Substances Act, 1875, being an act to amend the law with respect to manufacturing, keeping, selling, carrying and importing gunpowder, nitro-glycerine, and other explosive substances, 38 & 39 Vict.c. 17, post, tit. “Nuisance," made various offences punishable by fine or imprisonment; by s. 91 such offences may be prosecuted by indictment; by s. 92 a person accused of any offence the penalty for which exceeds 1001. may object *487]

*to be tried by a court of summary jurisdiction, and the offence

may be tried on indictment accordingly. Explosive Substances Act, 1883. In consequence of many dastardly threats and attempts to blow up and destroy buildings and other property in the United Kingdom, by means of dynamite and other explosives, and also in consequence of the inadequate provisions of either the common or statute law to meet the mischief to be

apprehended, the Explosive Substances Act, 1883 (46 Vict. c. 3), was passed. In the case of R. v. Gallagher, 15 Cox, C. C. 291, the prisoners had threatened to blow up the House of Commons and Scotland Yard. They were charged under the 11 & 12 Vict. c. 12, s. 3, with treasonfelony, that is, with intending to depose the Queen, and to levy war against the Queen in order to compel her to change her counsels, and in order to overawe the Houses of Parliament. Four of the prisoners were found guilty and sentenced to penal servitude for life. It was, however, easy to be seen that great mischief might be done or attempted by wicked persons possessing themselves of, or dealing with, explosives for the purpose of terrifying or injuring others, and that such wicked persons might not by their acts have brought themselves within the treason-felony statute, or within any other criminal statute providing an adequate punishment for such grave offences. The legisIature therefore passed a measure which is of a wide and far-reaching character, and provides for the infliction of very severe punishments.

By sect. 2 of the Explosive Substances Act, 1883 (46 Vict. c. 3), Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property, shall, whether any injury to person or property has been actually caused or not, be guilty of felony, and on conviction shall be liable to penal servitude for life

, or for any less term (not less than the minimum term allowed by law) or to imprisonment, with or without hard labor, for a term not exceeding two years.

Sect. 3. Any person who within or (being a subject of Her Majesty) without Her Majesty's dominions unlawfully and maliciously

(a) Does any act with intent to cause by an explosive substance or conspires to cause by an explosive substance, an explosion in the United Kingdom of a nature likely to endanger life or to cause serious injury to property, or

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