IV. An escape of a person arrested upon criminal process is an offence against public justice. The party so escaping is punishable by fine or imprisonment; and the officer permitting such escape, either by negligence or connivance, subjects himself to be fined and imprisoned for a misdemeanor.

Breach of prison by the offender himself, when committed for any treason or felony, is punishable by penal servitude for not more than seven nor less than five years; or imprisonment for not more than two years with or without hard labour. When confined upon an inferior charge, it is punishable as a misdemeanor. Rescue is the forcibly and knowingly freeing another from an arrest or imprisonment. A rescue of one apprehended for felony is felony; for treason, treason; for a misdemeanor, a misdemeanor. The party rescuing may be punished for a misdemeanor, although the principal, or person rescued, be not convicted.

V. Another offence against public justice was the returning from transportation, or being at large in Great Britain before the expiration of the term for which the offender was transported. Penal servitude is now substituted for transportation, and to escape and be at large is punishable by penal servitude for life, or for not less than five years, with previous imprisonment for any term not exceeding four years; or imprisonment with or without hard labour for not more than two years.*

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VI. Taking a reward, under pretence of helping the owner to stolen goods, or any chattel, money, valuable security, or other property which has by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, or disposed of, is punishable by penal servitude for seven or for not less than five years, or imprisonment, with or without hard labour and solitary confinement, for any term not exceeding two years; and if a male under the age of eighteen years, with or without hard labour and whipping.

VII. Compounding of felony [theft-bote] is where the party robbed takes his goods again, or other amends, upon agreement not to prosecute. This was held to make a man accessory to the theft; but is now punished only with fine and imprisonment.

**See stats. 16 & 17 Vict., c. 99; 20 & 21 Vict., c. 3; see also 27 & 28 Vict., c. 47, an Act to amend the Penal Servitude Acts.

COMMON BARRATRY.-MAINTENANCE.

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To advertise a reward for the return of property stolen or lost, with words purporting that no questions will be asked, subjects the advertiser, the printer, and the publisher to a forfeiture of £50 each.

VIII. To buy or receive stolen goods, knowing them to be stolen, was formerly a mere misdemeanor; but now, by stat. 7 & 8 Geo. IV., c. 29, all such receivers are made accessories, and may now be indicted either as accessories, or for a substantive felony; and, on conviction, be punished by penal servitude or imprisonment.*

IX. Common barratry is the offence of frequently inciting and stirring up suits and quarrels between her Majesty's subjects either at law or otherwise. The punishment for this offence, in a common person, is by fine and imprisonment; but if the offender belongs to the profession of the law, a barrator who is thus able as well as willing to do mischief may, besides the punishment, be disabled from practising for the future. Stat. 30 & 31 Vict., c. 59, enacts "that if any one who has been convicted of forgery, perjury, subornation of perjury, or common barratry shall practise as an attorney, solicitor, or agent in any suit, the court, upon complaint, shall examine it in a summary way, and if proved, the offender shall subject himself to penal servitude for seven, or not less than five years.

Another offence of equal malignity is suing a party in the name of a fictitious plaintiff. This offence is punishable by six months' imprisonment and treble damages to the party injured.†

X. Maintenance is an offence that bears a near relation to common barratry, being an officious intermeddling in a suit that in no way belongs to one; by maintaining or assisting either party with money or otherwise, to prosecute or defend it. This is an offence against public justice, as it keeps alive strife and contention, and perverts the remedial process of the law into an engine of oppression. A man may, however, maintain the suit of his kinsman, servant, or poor neighbour, out of charity and compassion, with impunity. The punishment by common law is fine and imprisonment.

* See 11 & 12 Vict., c. 46; 14 & 15 Vict., c. 100.

+ See Larceny Acts, 24 & 25 Vict., c. 96; and 31 & 32 Vict., c. 116.

XI. Champerty [campi-partitio] is a species of maintenance, being a bargain with a plaintiff or defendant to divide the land or other matter sued for between them, if they prevail at law, whereupon the champertor is to carry on the party's suit at his own expense. It in fact signifies the purchasing of a suit or right of suing, a practice so much abhorred by our law, that it is one main reason why a chose in action, or thing of which one hath the right, but not the possession, is not assignable at common law; because no man should purchase any pretence to sue in another's right. Stat. 32 Henry VIII., c. 9, provides that no one shall sell or purchase, any pretended right or title to land, unless the vendor has received the profits thereof for one whole year before such grant, or has been in actual possession of the land, or of the reversion or remainder; on pain that both purchaser and vendor shall each forfeit the value of such land to the Crown and to the prosecutor.*

XII. Compounding of information is an offence against public justice. It is enacted by 18 Eliz., c. 5, s. 4, that if any person informing makes any composition without leave of the court, or takes any money or promise from the defendant to excuse him which demonstrates his intent in commencing the prosecution to be merely to serve his own ends, and not for the public good, he shall, inter alia, forfeit £10, and shall be for ever disabled to sue on any popular or penal statute.†

XIII. Conspiracy is a combination or agreement between two or more persons to carry into effect an unlawful purpose, hurtful to some individual, or the community or public at large. Thus a conspiracy to indict an innocent man of felony falsely and maliciously, who is accordingly indicted and acquitted, is an abuse and perversion of public justice, for which the party injured may have a civil action for damages; or the conspirators may be indicted at the suit of the Crown, and the delinquents sentenced to imprisonment and fine.‡

XIV. Wilful and corrupt perjury is defined by Sir Edward Coke to be a crime committed when a lawful oath is administered in some judicial proceeding to a person who swears wilfully, absolutely, and falsely in a matter material to the issue or * See 26 & 27 Vict., c. 125. † See 24 & 25 Vict., c. 96.

See 14 & 15 Vict., c. 100; also c. 13, for the offence of sending threatening letters accusing any person of a crime.

point in question.

PERJURY, BRIBERY, ETC.

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Stat. 14 & 15 Vict., c. 99, enacts that every court, judge, justice, officer, commissioner, arbitrator, or other person may administer an oath to any witness legally called before him; and by 14 & 15 Vict., c. 100, any court has the power of directing any witness to be prosecuted for perjury in regard to the evidence he may have given. If a man swears that to be true which he knows to be false, he is criminal in point of law, and is indictable for the same. That the indictment may be maintainable, it must appear that the alleged perjury was corrupt, and upon a point material to the question in dispute.

Subornation of perjury is the offence of procuring another to take such a false oath as would constitute perjury in the principal. Both are misdemeanors, and punishable by fine and imprisonment; and the court is further empowered to award penal servitude for the offence.

XV. Bribery is an offence against public justice, as when a judge or other person concerned in the administration of justice takes any undue reward to influence his behaviour in his office. This offence has always been looked upon as one of a very serious nature. Stat. 11 Henry IV. enacts that all judges and officers of the king convicted of bribery should forfeit treble the bribe, be punished at the king's will, and be discharged from the king's service for ever.*

XVI. Embracery is an attempt to influence a jury corruptly to one side by promises, persuasions, entreaties, money, entertainments, and the like, and is punishable by fine and imprisonment.

XVII. Extortion is an abuse of public justice, which consists in any officer's unlawfully taking, by colour of his office, from any man any money or thing of value that is not due to him, or more than is due, or before it is due. The punishment is fine and imprisonment, and sometimes a forfeiture of office.

XVIII. Negligence of officers intrusted with the administration of justice; as a sheriff, coroner, constable, and the like, is punishable by fine, and may entail a forfeiture of office.

* As to bribery at elections of members of Parliament, see 22 & 23 Vict., c. 48; also 32 & 33 Vict., c. 55, an Act to shorten the term of residence required as a qualification for the Municipal Franchise, and to make provision for other purposes.

CHAPTER VII.

OFFENCES AGAINST THE PUBLIC PEACE.

Let us now consider the offences against the public peace, the preservation of which is entrusted to the Sovereign and the Executive.

Explain those Offences which are either an actual Breach of the Peace, or "constructively" so, by tending to make others break it?

I. Riotous assembling of twelve persons or more, and not dispersing on proclamation, is a crime against the peace. The Riot Act* enacts generally that if any twelve persons are unlawfully assembled to the disturbance of the peace, and any one justice of the peace, sheriff, under-sheriff, or mayor of a town shall think proper to command them by proclamation to disperse, if they contemn his orders and continue together for one hour afterwards, such contempt shall be felony. The Act contains a clause indemnifying the officers and their assistants in case any of the mob be unfortunately killed in the endeavour to disperse them.

Besides the Riot Act various enactments have been made with the view of checking the destruction of property by rioters and others. The punishment is penal servitude for life, or for not less than five years; or imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.

II. Sending, delivering, or uttering, directly or indirectly causing to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person, or to burn

* See 1 Geo. I., stat. 2, c. 5, materially amended by 24 & 25 Vict., c. 97.