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CHAP. XLI.

OFFENCES AGAINST PUBLIC JUSTICE.

[4 Black. Com. ch. 10; 4 Steph. Com. chap. 9.]

Records.]-Stealing, or for any fraudulent purpose taking from its place of deposit for the time being, or unlawfully and maliciously obliterating, injuring, or destroying any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever, of any court of record, or any bill, answer, interrogatory, deposition, affidavit, order, or decree, or any original document whatsoever, of

court of

equity, is a misdemeanor by 7 & 8 Geo. 4, c. 29, s. 21, and punishable by transportation for seven years, or fine or imprisonment, or both, by 1 & 2 Vic. c. 94, s. 19. Persons belonging to or employed in the Public Record Office certifying any writing as a true and authentic copy of a record in the custody of the Master of the Rolls, knowing the same to be false in any material part, are guilty of felony, and punishable with transportation for life, or for not less than seven years; or imprisonment for four years. By 7 & 8 Vic. c. 19, s. 5, provisions are made for forgery or other abuse of proceedings in the new county courts.

PERSONATING BAIL, ETC.

363

Personating bail.]-By the 1 Wil. 4, c. 66, s. 11, if any person shall acknowledge any recognizance or bail in the name of any other person not consenting to the same, or shall, in the name of any other person not consenting to the same, acknowledge any fine or recovery, cognovit actionem, or judgment, or any deed to be enrolled, he shall be guilty of felony, and be subject to transportation for life, or for not less than seven years; or imprisonment for not more than four nor less than two years.

Obstructing process.]-To obstruct an arrest upon criminal process makes the offender a particeps criminis; and by 8 & 9 Will. 3, c. 27, 9 Geo. 1, c. 28, 11 Geo. 1, c. 22, and 1 Geo. 4, c. 116, to oppose the execution of any process in any pretended privileged place within the bills of mortality, is felony, and liable to seven years' transportation. By 9 Geo.4, c. 31, s. 25, assaulting any peace officer or revenue officer, in the due execution of his duty, or any person acting in aid of such officer; or assaulting any person with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or of any other person, is a misdemeanor, punishable with imprisonment, with or without hard labour, for two years; also fine, and sureties to keep the peace. By the 1 Vic. c. 85, s. 4, whosoever unlawfully and maliciously shall shoot at any person, or in any manner attempt to discharge any kind of loaded arms at any person, or shall stab, cut, or wound any person with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and subject to transportation for life, or for not less than fifteen years; or imprisonment not exceeding three years, with or without hard labour, and with or without solitary confinement.

Escape.]-Officers who, after arrest, negligently permit a felon to escape, are punishable by fine; but if an officer voluntarily suffer a felon to escape, he becomes guilty of the same crime for which the felon was in custody. There are some statutes ap~ plying to escapes from Pentonville, Milbank, and Parkhurst prisons.

Breaking prison.]—To break prison when lawfully committed for any treason or felony, is felony, and punishable with transportation for seven years, or imprisonment for two years; and when confined on any inferior charge, is a misdemeanour, punishable by fine and imprisonment.

Rescue.]-To rescue a person apprehended for felony, is felony; for treason, treason; and for a misdemeanor, a misdemeanor. By 25 Geo. 2, c. 37 (altered by 1 Vic. c. 91), to rescue or attempt to rescue any person committed for murder, or for any of the offences enumerated in the 27 Geo. 2, c. 15, or 9 Geo. 1, c. 22, is felony, punishable with transportation for life, or not less than fifteen years; or imprisonment for three years. There are some other statutes, particularly 1 & 2 Geo. 4, c. 88; 4 Geo. 4, c. 64, s. 43; 5 Geo. 4, c. 84; 5 Vic. c. 29, s. 24; 6 & 7 Vic. c. 76, s. 22.

Returning from transportation.]-By 5 Geo. 4, c. 84 (amended by 4 & 5 Will. 4, c. 67), if any offender ordered to be transported or banished, shall return into any part of her Majesty's dominions, without some lawful cause, before the end of the term for which he was transported, he is liable to transportation for life, and previous imprisonment for four years.

STOLEN PROPERTY, ETC.

365

Rewards for stolen property.]-Theftbote is where the party robbed not only knows the felon, but also takes his goods again, or other amends, upon agreement not to prosecute, and was punishable by the common law with fine and imprisonment. By 7 & 8 Geo. 4, c. 29, s. 59, to advertise a reward for the return of things stolen, with no questions asked, subjects the advertiser and printer to a forfeiture of fifty pounds each. By s. 58 of the same statute, to take a reward, under pretence of helping any one to stolen goods, money, &c., makes the offender guilty of felony, unless he cause the offender to be apprehended and brought to trial, and shall also give evidence against him: the punishment is transportation for life, or not less than seven years, or imprisonment for four years, with whipping, if ordered.

Receiving stolen goods.]-This offence is only a misdemeanor at common law. But by 7 & 8 Geo 4, c. 29, s. 54, if any person shall knowingly receive any chattel, money, or valuable security, or other property whatsoever, the stealing or taking whereof shall amount to felony, either by common law, or by virtue of that act, every such receiver shall be guilty of felony, and be indicted either as an accessary after the fact, or for a substantive felony; and, however convicted, shall be liable, at the discretion of the court, to be transported for a term not exceeding fourteen years, nor less than seven years, or imprisonment (with or without hard labour and solitary confinement) for a term not exceeding three years; and, if a male, to be once, twice, or thrice whipped, if the court think fit, in addition to the imprisonment. By s. 55, if any person shall knowingly receive any chattel, money, valuable security, or other property whatever, the stealing, taking,

obtaining, or converting whereof is made an indictable misdemeanor by the act, such receiver shall be guilty of a misdemeanor, and transported for seven years, or imprisoned (with or without hard labour and solitary confinement) for not more than two years; and, if a male, once, twice, or thrice whipped, if the court think fit, in addition to the imprisonment. And by s. 60, where the stealing of any property whatever is punishable by that act on summary conviction, either for every offence, or for the first and second offences only, or for the first ofence only, the guilty receiver shall be liable, for every first, second, or subsequent offence of receiving, to the forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by the said act made liable.

Barratry.]-Barratry is the offence of frequently exciting and stirring up suits and quarrels between her Majesty's subjects, either at law or otherwise; the punishment of which is by fine, imprisonment, and surety for future good behaviour. If the party convicted shall practise as an attorney, the court may summarily try him, and sentence him to transportation for seven years. As to suing in the name of a fictitious plaintiff in inferior courts, the offender may be indicted at the sessions, and the imprisonment is, by 8 Eliz. c. 2, six months, and treble damages to the party injured.

Maintenance.]-Maintenance is a taking in hand or upholding of quarrels or sides, to the disturbance or hindrance of common right. Maintenance is, 1, ruralis, or in the country; as where one assists another in his pretensions to certain lands, by taking or holding the possession of them from him by force

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