bours therein thieves or reputed thieves, is he liable to punishment?

A. Yes. By 34 & 35 Vict. c. 112, ss. 10, 11, he shall be liable to a penalty not exceeding 107., or in default be imprisoned for four months, with or without hard labour, and may be ordered to enter into a recognizance to be of good behaviour.

False Pretences.

Q. What is the distinction between larceny and false pretences?

A.-"In larceny the owner has no intention to part with his property therein to the person taking it, although he may intend to part with the possession; in false pretences, the owner does intend to part with his property in the money or chattel, but it is obtained from him by fraud." (Arch. 374.)

Q.-What points must be proved on an indictment for false pretences?

A. (1) The pretence and its falsity.

(2) That the property or some part thereof was obtained by means of the pretence.

(3) The intent to defraud.

The pretence must be of an existing fact, therefore it is not within the act for a person to pretend that he will do something which he does not mean to do; but the promise to do a thing may involve a false pretence that the promisor has the power to do that thing, and for this an indictment will lie. (R. v. Giles, 34 L. J. (M. C.) 50; Har. Crim. Law, 243.)

Q. What is the punishment for obtaining property by false pretences?

A.-The offence is a misdemeanor, punishable by penal servitude to the extent of five years. (24 & 25 Vict. c. 96, s. 86.)

This offence is subject to the Vexatious Indictments Act, 22 & 23 Vict. c. 17.

Q. What is the offence of false personation?

A. It is an offence very similar to false pretences, and consists of falsely and deceitfully pretending to be another person; and, by a recent statute, so personating an heir, executor or administrator, wife, widow, next of kin or relation of any person, with intent fraudulently to obtain any land, chattel, money, valuable security or property, is a felony punishable by penal servitude to the extent of life. (37 & 38 Vict. c. 36, s. 1.

Malicious Mischief.

Q.-What is malicious mischief?

A. It is such an act as is done, not "animo furandi," or with an intent of gaining by another's loss, which is some, though a weak, excuse, but either out of a spirit of wanton cruelty or of black and diabolical revenge. (4 Steph. Comm. p. 145.)

Q. What is the punishment for destroying or damaging a dwelling-house and other buildings?

A. By 24 & 25 Vict. c. 97, ss. 9, 10, if by explosion of gunpowder or other explosive substance in a dwelling-house, the dwelling-house is destroyed, and

the life of any person be endangered, it is a felony, punishable with penal servitude for life; if by placing such explosive substance in any building, and no one being inside, with intent to destroy, it is also a felony, punishable with penal servitude for fourteen years. And, by sect. 13, if any tenant of a building unlawfully and maliciously pull it or any part of it down in severing fixtures, he is guilty of a misdemeanor, and liable to the punishment of fine or imprisonment.

Q.-To what punishment is a person liable who commits a malicious injury to a railway, a railway carriage, an engine, a sea bank or wall, a bridge, or a viaduct?

A.-By 24 & 25 Vict. c. 97, to penal servitude for life.

Q.-To what punishment is any person liable who breaks, destroys, or damages with intent to destroy, goods in process of manufacture or machinery, or by force enters any place in order to commit such offence?

A. It is a felony punishable with penal servitude for life. In the case of machines used in agricultural operations the maximum punishment is penal servitude to the extent of seven years. (24 & 25 Vict. c. 97, ss. 14, 15.)

Q.-Is it necessary to prove in the case of malicious mischief that the defendant was actuated by malice against the owner of the particular property injured? A.-No, it is not. (24 & 25 Vict. c. 97, s. 58.)

Q. What are the provisions of the Explosive Substances Act, 1883 ?

A.-Shortly, they are as follows: Any person who

H.

G

maliciously causes by an explosive substance any explosion likely to endanger life, or to cause serious injury to property, shall, whether any injury to person or property has been caused or not, be guilty of felony, and is liable to penal servitude for life, or to imprisonment, &c. to the extent of two years; any person so attempting to cause injury is guilty of felony, and liable to penal servitude for twenty years; any person making or having in his possession any explosive substance for any purpose other than a lawful one, is guilty of felony, and may be sentenced to penal servitude for fourteen years; and in this latter case the prisoner may call his or her wife or husband to give evidence as in ordinary cases. Accessories are punishable as principals. Preliminary inquiries may be held before a justice of the peace by order of the Attorney-General, and on such inquiry a witness cannot refuse to answer on the ground that he will criminate himself, but be freed from criminal and civil liability therefor (except for perjury), and after such inquiry no further steps are to be taken except by consent of the Attorney-General. (46 Vict. c. 3.)

Q.-Is it a defence if the defendant can show that he was in possession of the property against or in respect of which such act was done; as, for example, if a tailor or carrier wilfully and maliciously destroys goods intrusted to him?

A.—No, it is not. (24 & 25 Vict. c. 97, s. 59.)

Q. What is it necessary to prove in order to show malicious mischief?

A.-Proof of a general intent to injure or defraud will suffice.

Q.-Is it an offence to kill or wound cattle or other animals? and what is the punishment if it is?

A. Yes. By 24 & 25 Vict. c. 97, ss. 40, 41, to kill, maim or wound cattle is a felony, punishable with penal servitude not exceeding fourteen years, or imprisonment, &c. And to kill, maim or wound any dog, bird or beast, or other animal not being cattle, but being either the subject of larceny at common law, or being usually kept in confinement, or for any domestic purpose, is punishable summarily, for a first offence by penalty not exceeding 207. above the injury, or imprisonment not exceeding six months, for a second offence by imprisonment for a term not exceeding twelve months. Further, it may be noticed, that to cruelly beat, ill-treat, over-drive, abuse or torture any animal, which includes any domestic animal of any kind or species whatever, and whether quadruped or not, is punishable by a penalty not exceeding 5l. (12 & 13 Vict. c. 92, s. 2, and 17 & 18 Vict. c. 60, s. 3.)

Q.-To whom are damages in respect of malicious injury payable where the damage done does not ex

ceed 57.

(1) In the case of private property?

(2) In the case of property of a public nature? A. (1) To the person aggrieved.

(2) To the treasurer of the county, borough or place for which the convicting justice acts. (24 & 25 Vict. c. 97, s. 52.)

Q.-If a person trespassing acted under a fair and reasonable supposition that he had a right to commit a malicious injury would he be liable?

A.-No. Nor to any trespass (not being wilful or