offence treble, the sum first forfeited, with all charges of conviction; and in default of payment shall be sent to the house of correction for ten days. Any justice of the peace may convict upon his own hearing or the testimony of one witness. And any constable may upon his own hearing secure any offender and carry him before a justice and there convict him, but the conviction must be within eight days of the offence. If the justice omits his duty he forfeits 57., and the constable 40s. (4 Steph. Comm. p. 237; 19 Geo. III. c. 21.)

Q. What is the offence of and punishment for simony? and what is meant by a resignation bond?

A.-Simony properly means the corrupt presentation of any person to an ecclesiastical benefice for money, gift or reward, and several acts of parliament have been passed to restrain the practice. Thus, by the statute 31 Eliz. c. 6, it is provided that if any patron, for money, or reward, or promise of money or reward, shall present a person to any benefice with cure of souls or other ecclesiastical benefice or dignity, not only shall both giver and taker be fined, but such presentation shall be void, and the presentee be rendered incapable of ever enjoying the same benefice, and the crown shall present to it for that turn. But it is, on the other hand, enacted by statute 1 Will. & M. c. 16, that such simoniacal contract shall not prejudice any innocent patron in reversion on pretence of a lapse to the crown or otherwise, unless the presentee or his patron was convicted in the lifetime of such presentee of the offence of simony. Again, by the statute 12 Anne, st. 2, c. 12, if any person, for

money or reward, or promise of money or reward, shall procure the next presentation to any living ecclesiastical, and shall be presented thereupon, this is declared to be a simoniacal contract, and the offender made subject to all the ecclesiastical penalties of simony, is disabled from holding the benefice, and the presentation devolves to the crown. And, by the modern act of 28 & 29 Vict. c. 122, every person instituted or collated to any benefice, or licensed to any perpetual curacy, lectureship, or preachership, must (as we have seen) previously make and subscribe, in addition to the other declarations required by that statute, a declaration that he has not committed simony.

A resignation bond is an agreement to resign a living at a future period, and it is enacted by 9 Geo. IV. c. 94, that a written promise to resign shall be valid if made to the intent (manifested by the terms of it) that some particular nominee or one of two nominees shall be thereupon presented. But this is subject, however, to these provisions-first, that where there are two nominees, each of them shall be, either by blood or marriage, an uncle, son, grandson, brother, nephew, or grandnephew of the patron; secondly, that the writing shall in all cases be deposited within two months after its date with the registrar of the diocese and be open to public inspection; and thirdly, that the resignation made in pursuance of such engagement shall be followed by a presentation within six months of him therein named as the person for whose benefit it is made. (2 Steph. Comm. p. 723.)

Offences against the Peace.

Q. What is the principal statute relating to riots, and what are its provisions?

A.-The Riot Act (1 Geo. I. st. 2, c. 5), whereby it is enacted generally that if any twelve persons are unlawfully assembed 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 a felony, and the punishment is penal servitude for life, or not less than five years, or imprisonment, with or without hard labour or solitary confinement, for not more than three years.

And further, that if the reading of the proclamation be opposed by force, or the reader be in any way wilfully hindered, such opposers and hinderers and all persons to whom such proclamation ought to have been made, and knowing of such hindrance and not dispersing, are felons, and are liable to the punishment above named. The same act also contains a clause indemnifying the officers and their assistants in case any of the mob be killed in the endeavour to disperse them.

Q.-Within what time must prosecutions under the Riot Act take place?

A. Within twelve months after the commission of the offence. (Sect. 8.)

Q. What is the offence of riotously demolishing churches, houses, buildings or machinery, and what is the punishment?

A.-By 24 & 25 Vict. c. 97, if any persons riotously

and tumultuously assembled together to the disturbance of the peace, shall unlawfully and with force demolish, pull down or destroy (or begin to demolish, pull down or destroy), any church, chapel, meeting-house or other place of divine worship, or any house, stable or other such buildings, engines or machinery, as in the act mentioned, they shall be guilty of felony, and are liable to penal servitude for life, or any term not less than five years, or to be imprisoned, with or without hard labour, for any term not more than two years.

Q.-If the damage does not exceed 30%., have the magistrates any jurisdiction, and if so, what is it?

A.-When the damage caused by the demolition, or attempted demolition, does not exceed 30%., the statute 7 & 8 Geo. IV. c. 31, s. 8, gives instead of an action a summary proceeding before justices at a special petty

session.

Q. What is an affray, and in what manner may persons engaged in one be punished?

A.—An affray is the fighting of two or more persons in some public place to the terror of her Majesty's sub jects, for if the fighting be in private, it is no affray but an assault. Affrays are misdemeanors, and may be suppressed by any private person present, who is justified in endeavouring to part the combatants, whatever consequences may ensue. But more especially the constable, or other similar officer, however denominated, is bound to keep the peace, and to that purpose may break open doors to suppress an affray, or apprehend the affrayers, and may either carry them before a justice, or imprison them by his own authority for a convenient space till the hearing is over. The

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punishment of common affrays is by fine and imprisonment; the measure of which must be regulated by the circumstances of the case, for where there is any material aggravation the punishment proportionably increases. (4 Steph. Comm. p. 213.)

Q.-Is it an offence to quarrel, chide or brawl in a church, and what punishment may be administered? A. It is enacted, by statute 5 & 6 Edw. VI. c. 4, that if any person shall (by words only) quarrel, chide or brawl in a church or churchyard, the ordinary shall suspend him, if a layman, ab ingressu ecclesiæ; and if a clerk in holy orders, from the ministration of his office during pleasure; and if any person in such church or churchyard proceeds to smite or lay violent hands upon another, he shall be excommunicated ipso facto. (4 Steph. Comm. p. 214; and see 23 & 24 Vict. c. 32.)

Q.—Define a riot, a rout, and an unlawful assembly. A.-A riot seems to be a tumultuous disturbance of the peace by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner to the terror of the people, whether the act intended were of itself lawful or unlawful. A rout seems to be a disturbance of the peace by persons assembling together with an intention to do a thing which, if it be executed, will make them riotous, and actually making a motion towards the execution thereof. An unlawful assembly seems to consist of any meeting whatsoever of great numbers of people, with such circumstances of terror as cannot but en