quantity, was reducible to this head of cheating; as is likewise in a peculiar manner the common offence of selling by false scles or false weights and measures. The general punishment for all frauds of this kind, if indicted at common law, is fine and imprisonnent, to which by statute hard labour may be added; but the easier and more usual way is by levying, on a summary conviction, by distress and sale, the forfeitures imposed by the several Acts of Parliament.

Under this head of cheating, however, may be ranked one or two other crimes of a more serious nature. Thus, Obtaining money or goods by false pretences, is a misdemeanor, punishable it may be with penal servitude for five years, or imprisonment with or without hard labour and solitary confinement, not exceeding two years. Incurring a debt or obtaining credit under false pretences, or by means of any other fraud, is also a misdemeanor, and punishable with imprisonment not exceeding one year, with or without hard labour. The personation of another, or of an heir, executor, administrator, wife, widow, next of kin or relation, with intent fraudulently to obtain any land, estate, money, chattel, or valuable security, which at common law is only a misdemeanor, is now a felony, punishable with penal servitude for life or not less than five years, or imprisonment not exceeding two years, with or without hard labour, and with or without solitary confinement. Obtaining the signature of any person to any bill, note, or valuable security with intent to cheat or defraud is a misdemeanor, and subjects the offender to be kept in penal servitude for five years, or to be imprisoned for two years, with or without hard labour.

Indeed, any deceitful practice, in cozening another by artful means, whether in matters of trade or otherwise, is punishable with fine or imprisonment. Thus, concealing from the purchaser or mortgagee any settlement, will, or other instrument material to the title of or any incumbrance affecting the property, or falsifying any pedigree upon which a title does or may depend, in order to induce the acceptance of the title with intent to defraud, is a misdemeanor, punishable, at the discretion of the court, by fine, or imprisonment for any time not exceeding two years, with or without hard labour, or by both. Giving a false character to a servant, is a kind of cheat, and exposes the offender to a fine of 207., and in default to imprisonment and hard

labour for not less than one or more than three months. A similar punishment may be inflicted on any person offering himself as a servant with a false character. The offence of fraudulently using trade marks is punishable by imprisonment, with or without hard labour, and with or without a fine, not exceeding two years, besides the forfeiture of all the falsely marked goods. Knowingly selling or exposing for sale goods falsely marked is punishable by fine; all of these offences being a kind of cheating.

CHAPTER XIII.

OF OFFENCES AGAINST THE PUBLIC HEALTH.

THE public health of the nation is a concern of the highest importance, and for the preservation of it there has been much and varied legislation.

1. By statute 1 Jac. I. c. 31, any person infected with the plague, who was commanded by the mayor or constable to keep his house, and ventured to disobey it, might be forced, by the watchman appointed on such melancholy occasions, to obey such command. And if such person went abroad, he was, if he had no plague sore upon him, punishable by whipping; but if he had any infectious sore upon him, uncured, he was then guilty of felony. This statute, long obsolete, has, with all the acts continuing it, been repealed. But it is a misdemeanor at common law to expose a person labouring under an infectious disorder in the streets or other public places; and it is an offence punishable by imprisonment to produce, by inoculation or otherwise, the disease of small-pox. The guardians of the poor have now power to contract with the medical officers of parishes for the vaccination of the children of all persons there resident; and this vaccination is compulsory, under penalties summarily recoverable before two justices of the peace.

By 6 Geo. IV. elaborate provisions are made for securing the performance of quarantine, and obedience to regulations issued by the privy council with respect to vessels suspected of having the plague or other infectious disease on board. Offences are in ordinary cases punishable by a heavy fine.

The Local Government Board have also power, whenever any part of the country is threatened with or affected by any epidemic, to make regulations, which may be enforced by penalties, for the speedy interment of the dead, for house to house visitation, and for providing medical aid, and otherwise guarding against the spread of disease.

2. The selling of unwholesome provisions is an offence to prevent which the 51 Hen. III. prohibited the sale of corrupted wine, contagious or unwholesome flesh, or flesh that was bought of a Jew. The usual mode of proceeding has been a prosecution before magistrates under some one of the statutes passed to prevent the adulteration of articles of consumption. The sending of diseased meat to market for sale is a serious misdemeanor; the exposure of meat that is unfit for food, for sale, is also highly penal. The sale of adulterated wine in a licensed house, is much less penal, a small fine being imposed for the first offence -a larger penalty and a disqualification from selling any wine by retail for five years being attached to its repetition.

3. Allowing premises to remain uncleansed, or permitting any gutter, privy, drain, ashpit, to be so foul, or any animal to be so kept, as to be injurious to health, are not only nuisances which may be abated by the local authorities, at the expense of the delinquent, but offences which may be punished by penalties.

4. Carrying on any noxious trade or manufacture, within the limits of any city, town, or populous district, is also a nuisance and an offence which may be dealt with in the same way.

5. Over-crowding places of labour and common lodging-houses; and Employing beyond the times allowed by law children under certain ages, or females, in mines and factories, are all within the category of offences against the public health, which may be punished by penalties The Pollution of rivers and streams, whereby the water intended by nature for the use of the community may be rendered unwholesome, may be regarded as an offence against the public health. This may be prohibited by action in the county court, and the continuance of the offence prevented by the imposition of pecuniary penalties.

CHAPTER XIV.

OF OFFENCES AGAINST THE PUBLIC POLICE OR ECONOMY.

By the public police and economy is meant the due regulation and domestic order of the kingdom; whereby the individuals of the state, like members of a well-governed family, are bound to conform their general behaviour to the rules of propriety, good neighbourhood, and good manners; and to be decent, industrious, and inoffensive in their respective stations. Of the offences which fall under this head, some are felonies and others misdemeanors only.

1. Clandestine marriages are the offences arising from the solemnizing of marriages in other places, or at other times, or without the publicity required by law, all of them matters of great public concern, and therefore felonies punishable by fourteen years' penal servitude.

2. Bigamy, which signifies being twice married; but is more correctly denominated polygamy, or having a plurality of wives at once, is a felony punishable by penal servitude not exceeding seven years, or imprisonment with or without hard labour not exceeding two years.

3. Common nuisances are misdemeanors, and consist in either the doing a thing to the annoyance of all the queen's subjects, or the neglecting to do a thing which the common good requires. Of this nature are,-1. Annoyances in highways, bridges, and public rivers, by rendering the same inconvenient or dangerous to pass, either positively, by actual obstructions; or negatively, by want of reparations. For both of these, the person so obstructing, or such individuals as are bound to repair and cleanse them, or in default of these last, the parish at large, may be indicted, distrained to repair and amend them, and in some cases fined. 2. Those nuisances, which when injurious to a private man are actionable, are, when detrimental to the public,

punishable by prosecution, and subject to fine. 3. All disorderly inns, or ale-houses, bawdy-houses, gaming-houses, stage-plays unlicensed, booths and stages for rope-dancers, mountebanks, and the like, are public nuisances, and may upon indictment be suppressed and fined. 4. Lotteries are also public nuisances. 5. The making and selling of fireworks and squibs, or throwing them about in any street, which is an offence at common law, is also a common nuisance, punishable by fine. And to this head may be referred the making, keeping, or carriage, of too large a quantity of gunpowder at one time, or in one place or vehicle; which is prohibited under heavy penalties and forfeiture. Erecting powder-mills or keeping powder-magazines near a town, is a nuisance at common law.

4. Idleness in any person whatsoever is also a high offence against the public economy. In China it is a maxim, that if there be a man who does not work, or a woman that is idle, in the empire, somebody must suffer cold or hunger. The Areopagus punished idleness, and the civil law expelled all sturdy vagrants from the city. In our law, all idle persons or vagabonds, whom our ancient 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;" all these are offenders against the good order, and blemishes in the government, of any kingdom.

Offences of this character formerly amounted, indeed, in some cases, to felony. Thus it was felony in idle soldiers and mariners wandering about the realm, or persons pretending so to be, and abusing the name of that honourable profession. Such a one, not having a testimonial or pass from a justice, limiting the time of his passage; or exceeding the time limited for fourteen days, unless he fell sick; or forging such testimonial, was guilty of a capital felony, a sanguinary law which remained on the statute-book till the end of the reign of George III.

66

Outlandish persons, calling themselves Egyptians, or gypsies, were long another object of legislative severity. In 1530, they are described by 22 Hen. VIII. c. 10, as outlandish people, calling themselves Egyptians, using no craft nor feat of merchandize, who have come into this realm and gone from shire to