The Acts also inflict penalties in the case of conveying any such animal in such a manner or position, as to subject it to unnecessary pain or suffering; and also in the case of bull baiting, cock fighting, and the like (g). And they make a variety of humane provisions for the regulation of the business of slaughtering horses, and other cattle not intended for butcher's meat (h). They contain also provisions for ensuring a proper supply of food and water, to animals impounded (i). VIII. Another misdemeanor against the public economy is that of concealing a birth. For by 24 & 25 Vict. c. 100 (j), it is enacted, that if any woman be delivered of a child, every person who shall by any secret disposition of the dead body of the said child, (whether such child died before or after its birth,) endeavour to conceal the birth thereof, shall be guilty of a misdemeanor; and be liable to be imprisoned, with or without hard labour, for any term not more than two years (k). It is also provided, that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the same jury, to find such person guilty (if the case be so) of endeavouring to conceal the birth: upon which the court may (g) See Clarke, app. v. Hague, resp. 29 L. J. (M. C.) 105. (h) See also the previous Act of 7 & 8 Vict. c. 87; and as to slaughterhouses, &c., 26 Geo. 3, c. 71. (i) Vide sup. vol. 111. p. 365. (j) This statute describes itself as one relating to offences against the person. But the secret disposition of the dead body of a child alone, unconnected with any violence done to it while living, does not seem to be naturally and satisfactorily described as an offence against its person. Indeed, the legislature can hardly be considered as intending to establish by its authority the proper arrangement for this crime in a scientific point of view. On the whole, therefore, we retain the arrangement for it which we have hitherto employed, viz., that of an offence against the public police or economy. The provision on the subject contained in 9 Geo. 4, c. 31, s. 14, is repealed by 24 & 25 Vict. c. 95. (k) 24 & 25 Vict. c. 100, s. 60. The offender, if the court think fit, may also, in addition to or in lieu of any other punishment, be bound over to keep the peace and be of good behaviour (sect. 71). pass the same sentence, as if such person had been convicted upon an indictment for the concealment (1). IX. Taking up dead bodies, for the purpose of dissection or otherwise, is also a misdemeanor at common law, and punishable with fine and imprisonment (m). And under this head may also be noticed the offence, of refusing to bury dead bodies by those whose duty it is so to do; which appears to be punishable by the temporal courts, (independently of spiritual censures,) on indictment or information (n). X. Refusing to serve a public office (such as that of constable or overseer), without lawful excuse or exemption, (1) 24 & 25 Vict. c. 100, s. 60. The law on this subject was formerly different. For by 21 Jac. 1, c. 27, it was enacted, that if any woman was delivered of a child, which, if born alive, would have been by law a bastard, and endea voured privately to conceal its birth, by burying the child or the like, the mother so offending should suffer death, as in the case of murder; unless she could prove, by one witness at least, that the child was actually born dead. A law as to which Blackstone remarks (vol. iv. p. 198), that, "though it savours pretty strongly "of severity, in making the conceal"ment of the death almost conclu"sive evidence of the child's being "murdered by the mother, it is "nevertheless also to be met with in "the criminal codes of many other "nations of Europe,-as the Danes, "the Swedes and the French ;" and he goes on to remark, that "it had "of late years been usual with us in "England, upon trials for this of"fence, to require some sort of pre 66 was therefore killed by its parent, "was admitted to convict the pri"soner." This statute was afterwards repealed by 43 Geo. 3, c. 58, which provided that the trials of women charged with the murder of any of their issue, which would by law be bastard, should proceed by the like rules of evidence and presumption as were allowed in other trials for murder. (m) See Arch. Cr. Pr. 675; R. v. Lynn, 2 T. R. 733; 2 East's P. C. c. 16, s. 89; R. v. Duffin, R. & R. C. C. R. 365; The Queen v. Sharpe, 26 L. J., M. C. 47. As to obtaining bodies for dissection under the Anatomy Act (2 & 3 Will. 4, c. 75), vide sup. vol. 111. p. 322. (n) Andrews v. Cawthorne, Willes, 527, n. a; and see Mastin v. Escott, decided May 8, 1841, by Sir H. Jenner Fust; and Kemp v. Wickes, 2 Phil. Rep. 264. As to the interment of dead bodies cast on shore from the sea, see 48 Geo. 3, c. 75. is also a misdemeanor at common law, punishable with fine and imprisonment (o). XI. Another offence, ranging itself under our present head, is that of [destroying such beasts and fowl as are ranked under the denomination of game;] concerning which, (considered as a species of property,) we had occasion in a former volume to enter into some discussion (p). It will be necessary here, however, to add to what is there contained, some notice of the penal enactments relative to its destruction in the night time; when (from obvious considerations) it is treated as an offence of considerable gravity. By 9 Geo. IV. c. 69, s. 1 (q), it is provided, that if any person shall, by night (r), unlawfully take or destroy any game or rabbits, in any land (whether open or enclosed); or on any public road, highway, or path, or the sides thereof; or at the openings, outlets or gates from any such lands into such roads ;—or shall, by night, be in such places, with any gun, net, engine or other instrument, for the purpose of taking or destroying game; -he shall be liable to imprisonment, for the first offence, for any period not exceeding three months, with hard labour; and, at the expiration of such period, to be bound over to his good behaviour by sureties for a year: or, in default of such recognizance, to be further imprisoned for six months, or until such sureties are found (s). For a second offence, such person shall be liable to imprisonment for six months, and then to be bound in sureties for two years; and in default thereof, to be further imprisoned (0) Arch. Cr. Pr. 679. See R. v. Poynder, 1 B. & C. 178; R. v. Bower, ib. 587. (p) Vide sup. vol. 11. pp. 5, 20. (q) This statute was amended by 7 & 8 Vict. c. 29. (r) By 9 Geo. 4, c. 69, s. 12, the night, for the purpose of this provision, shall be considered to com mence at the expiration of one hour after sunset, and to conclude at the beginning of the last hour before sunrise. There is also a provision in 24 & 25 Vict. c. 96, s. 17, with respect to the unlawful taking or killing hares or rabbits in warrens, by night. (s) 9 Geo. 4, c. 69, s. 1. for one year, or until such sureties are found (t). And if he shall offend a third time, he is guilty of a misdemeanor ; and he is then liable to penal servitude for not more than seven or less than three years, or to be imprisoned, with hard labour, for any time not exceeding two years (u). It is moreover provided, that when any person shall be found committing such offence, it shall be lawful for the owner or occupier of the land; or for any person having a right of free warren or free chase therein; or for the lord of the manor; or for the gamekeeper or servant of such persons or their assistants;-to seize and apprehend any person so offending: and in case he shall assault or offer any violence with any offensive weapon, towards any person so authorized to apprehend him, he is guilty of a misdemeanor; and he is, in that case, liable to penal servitude for not more than seven or less than three years, or to be imprisoned, with hard labour, for any term not exceeding two years (x). It is further enacted by sect. 9 of the same Act, that if any persons, to the number of three or more, shall, by night, unlawfully enter such lands or roads, for the purpose of taking or destroying game or rabbits (any of them being armed with any gun or other offensive weapon), each of such persons shall be guilty of a misdemeanor: and be liable to penal servitude for any term not more than fourteen years, or less than three years; or to be imprisoned, with hard labour, for not more than two years (y). XII. Lastly, under the general head of vagrancy and (t) 9 Geo. 4, c. 69, s. 1. (u) Ibid.; 7 & 8 Vict. c. 29; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (x) 9 Geo. 4, c. 69, s. 1; 7 & 8 Vict. c. 29; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (y) 9 Geo. 4, c. 69, s. 9; 9 & 10 Vict. c. 24; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. See the following cases as to the construction of 9 Geo. 4, c. 69, s. 9: R. v. Dowsell, 6 Car. & P. 398; R. v. Gainer, 7 Car. & P. 231; R. v. Kendrick, ibid. 184; R. v. Davis, 8 Car. & P. 759; R. v. Fry, 2 M. & Rob. 42; Fletcher v. Calthrop, 6 Q. B. 880; R. v. Jones, 2 Cox's Cr. C. 185; R. v. Merry, ibid. 240; R. v. Whitaker and others, 17 L. J., M. C. 127; R. v. Uezzell and others, 20 L. J., M. C. 192. 66 other disorderly conduct, may be classed a variety of offences against the public economy (a). [The civil law expelled all sturdy vagrants from the city (b). And, in our own law, idle persons and vagabonds,-whom our antient statutes describe to be,"such as wake on the night and sleep on "the day, and haunt customable taverns and alehouses, "and routs about; and no man wot from whence they come, ne whither they go;"] and who are more particularly described by statute 5 Geo. IV. c. 83 (c), and there divided into three classes, idle and disorderly persons, rogues and vagabonds, and incorrigible rogues ;-are all [offenders against the good order, and blemishes in the government, of any kingdom.] They are therefore all punished by the above statute (d): that is to say, idle and disorderly persons, with one month's imprisonment, and hard labour: and rogues and vagabonds with three months' imprisonment, and hard labour: while incorrigible rogues (e), may be committed to the next sessions (a) Vide sup. vol. 111. p. 224, as (c) This Act is amended by 1 & 2 (d) By other Acts, also, persons committing particular offences of various kinds are to be deemed idle and disorderly persons, &c. within the statute referred to in the text, and punished accordingly. (e) In 5 Geo. 4, c. 83, ss. 3, 4, 5, the species of offenders comprised in the three general appellations of idle and disorderly persons, rogues and vagabonds, and incorrigible rogues, are particularly defined. But the enumeration is too long for insertion. We may remark that under it, two classes of offenders seem to be now punishable, who were formerly treated by our law with much more severity. 1. Idle soldiers and marines, or persons pretending to be soldiers or marines, wandering about the realm. Such persons were deemed under the statute 39 Eliz. c. 17, (repealed by 52 Geo. 3, c. 31,) to be ipso facto guilty of a capital felony. 2. Outlandish persons calling themselves Egyptians or Gypsies. Against these, provisions were made by 1 & 2 Ph. & M. c. 4, and 5 Eliz. c. 20; by which if the gypsies themselves, or if any person, being fourteen years old, who had been seen or found in their fellowship, or had disguised himself like them, remained in this kingdom one month, it was felony ; and we are informed by Sir M. Hale (1 Hale, P. C. 671), that at one Suffolk assizes, no less than thirteen gypsies were executed upon these statutes. But they are now repealed by 23 Geo. 3, c. 51, and 1 Geo. 4, L |