entitled to an acquittal, because the facts shew a felony. Under such circumstances, however, he cannot be subsequently tried for the felony unless the court has discharged the jury from giving a verdict on the misdemeanor (h).

(h) 14 & 15 Vict. c. 100, s. 12.

CHAPTER VIII.

OFFENCES AGAINST PUBLIC MORALS, HEALTH, AND

GOOD ORDER.

UNDER this head will be noticed a somewhat miscel- Morality and the criminal laneous class of offences which are considered to affect law. the public rather than the individual; though some of them at first sight appear rather to concern particular persons, e.g., bigamy. Throughout the whole of the criminal law there can be traced an unwillingness to resort to anything characteristic of paternal government. As a rule, mere immorality is not punished until it invades the rights of others than those who participate in it, whether by public evil example or otherwise. Thus a mere falsehood is not punishable; but if it involves a fraud on another, then the law steps in with its punishments.

BIGAMY.

The offence consists in marrying a second time, Bigamy. while the defendant has a former husband or wife still

living.

Not only is the second marriage void, but it also constitutes a felony; and this whether the second marriage took place in the United Kingdom or elsewhere. There are certain cases which are excepted by the Where the statute which declares the second marriage generally riage is not felonious :

i. A second marriage contracted elsewhere than in England or Ireland by any other than one of Her Majesty's subjects.

second mar

felonious.

Punishment.

ii. A second marriage by one whose husband or wife. has been continually absent from such person for the last seven years, and has not been known by such person to be living within that time. But if there is no proof that the husband and wife had ever separated, the prosecution is not bound to prove that the prisoner knew that his wife was alive within six years of the second marriage (i).

iii. A second marriage by one who, at the time of such second marriage, was divorced from the bond of the first marriage.

iv. A second marriage by a person whose former marriage has been declared void by the sentence of any court of competent jurisdiction (j).

In none of these cases is the second marriage a felony; but in the second case it is a mere nullity.

It is no defence to the charge of bigamy that the subsequent marriage would in any case have been void, as for consanguinity and the like (k). But if the first marriage is void, the second will not be bigamous; otherwise if voidable only (). It has been recently settled that a bona fide belief by the prisoner at the time of the second marriage that her husband was then dead is no defence (m).

The first (ie., the real) wife or husband is not a competent witness either for or against her or his consort; but of course the (so-called) second wife or husband is.

This felony is punishable by penal servitude to the

(i) R. v. Jones, 11 Q. B. D. 118; 52 L. J. (M.C.) 96; 48 L. T. N. S. 768; 31 W. R. 800. See also R. v. Willshire, 14 Cox, 541.

(j) 24 & 25 Vict. c. 100, s. 57.

(k) R. v. Allen, L. R. 1 C. C. R. 376; 41 L. J. (M.C.) 101.
(1) R. v. Jacobs, 1 Mood. C. C. 140.

(m) R. v. Gibbons, 12 Cox, 237.

extent of seven years.
The man (or woman) who goes
through the form of marriage with the bigamist does
not altogether escape. He may be indicted as principal
in the second degree, having been present aiding and
assisting the woman in committing the felony; or at
any rate as an accessory before the fact for counselling
her to commit the crime (n) (o).

INDECENT CONDUCT.

To this head may be referred the public and indecent Indecent conduct, when exposure of the person, which may be treated as a criminal. common nuisance. Also the exposing for public sale or view any obscene book, print, picture, or other indecent exhibition. Both of these offences are misdemeanors, and punishable by fine or imprisonment, or both (p). Power is given to magistrates, under certain circumstances, to authorize the searching of houses and other places in which obscene books, &c., are suspected to be sold or otherwise published for gain, and to authorize their seizure and destruction (q).

GAMING AND GAMING HOUSES.

The law does not deem it within its province to punish such practices as gaming, unless either some fraud is resorted to, or regular institutions are established for the purpose, so as to amount to a public nuisance.

As to Gaming.-If any person by fraud or unlawful Gaming.

(n) R. v. Brawn, 1 C. & K. 144.

(0) There are certain other offences connected with marriage. By 4 Geo. 4, c. 76, 8. 21, and 6 & 7 Wm. 4, c. 85, ss. 39, 41, persons unduly solemnizing marriages are guilty of felony. Making false declarations, signing false notices or certificates of marriage, &c, are offences attended by the penalties of perjury, 6 & 7 Wm. 4, c. 85, s. 38. As to forging marriage licenses, v. "Forgery." As to Abduction, &c. v. p. 184. (p) 14 & 15 Vict. c. 100, s. 29.

(q) 20 & 21 Vict. c. 83. As to Indecent Assaults, v. p. 181. Disorderly Houses, &c., v. p. 142.

Gaming houses.

Legislation as to gaming houses.

device, or ill practice, in playing, betting, or wagering, win any sum of money or valuable thing, he is deemed guilty of obtaining money by false pretences, and punished accordingly (r).

Playing or betting by way of wagering or gaming in any street, road, highway, or other open and public place, or in any open place to which the public have access, at or with any table or instrument of gaming, or any card, token, or other article used as an instrument of wagering at any game or pretended game of chance, subjects the player to the punishments of 5 Geo. 4, c. 83 (s), as a rogue and vagabond; or else, at the discretion of the magistrate, to a penalty not exceeding 40s. for the first offence, and £5 for any subsequent offence (t). A railway carriage in transit where gaming is carried on is a "public place" or an "open place to which the public are permitted to have access" (u).

The subject of Lotteries will be considered under the head "Nuisances."

As to Gaming Houses.-Houses of this description are regarded as so detrimental to public morality and good order, that they are classed among public nuisances. As such, the keepers are guilty of a common law misdemeanor, and liable to fine or imprisonment, or both.

The chief steps taken by the legislature to suppress the evils of gaming houses are the following. An early statute prohibited the keeping of any common house

(r) 8 & 9 Vict. c. 109, s. 17. Inducing one to go to a public-house and drink and toss for wagers, whereby such person lost his watch, is an offence within the meaning of this section. R. v. O'Connor, 45 L. T. N. S. 512.

(8) v. p. 145.

(t) 36 & 37 Vict. c. 38, s. 3.

(u) Langrish v. Archer, 10 Q. B. D. 44; 52 L. J. (M.C.) 47; 47 L. T. N. S. 548; 31 W. R. 183.