Explain the Offences against the Government. The first and principal is the mal-administration of such high officers as are in the public trust and employment. This is usually punished by the method of Parliamentary impeachment, followed by imprisonment, fines, or perpetual disabilities. Also the offence of embezzling the public money, which is punishable with fine and imprisonment, at the discretion of the court, and the person rendered for ever incapable of holding any office under the Crown. Larceny by persons employed in the public service of her Majesty, or by a constable employed in the police of any county, city, borough, or district, is punishable by penal servitude for any term of years not exceeding fourteen nor less than five, or imprisonment for two years with or without hard labour.—Concealing treasure trove which belongs to the Sovereign or his grantees by prerogative royal, is now punishable by fine and imprisonment.-Persons buying or selling public offices in the gift of the Crown, or soliciting, or obtaining any such office, or making any negotiation or pretended negotiation thereto, shall respectively be deemed guilty of a misdemeanor, and such bargain or sale is declared to be void. To gild, colour, or falsely make or counterfeit any coin intended to resemble or pass for the Queen's current gold or silver coin, or any coin of foreign States, is now punishable by penal servitude for life, or for any term not less than five years; or imprisonment for any term not more than two years with or without hard labour and solitary confinement.- To falsely make, or impair, diminish, or lighten any of the current gold or silver coin, with intent that the coin so altered may pass for the current gold or silver coin, is felony.Any person having in his custody or possession filings, clippings, dust, or solution produced or obtained by injuring, diminishing, or lightening any of the Queen's current gold or silver coin, knowing the same to have been so produced, shall be guilty of felony.—Whoever shall tender, utter, or put off any false or counterfeit coin, knowing the same to be false or counterfeit, shall be guilty of a misdemeanor, and may be imprisoned for any term not exceeding one year with or without hard labour and solitary confinement; and, upon a second conviction, he shall be deemed guilty of felony. Whoever shall deface any of the Queen's current gold, silver, or copper coin by stamping thereon any names or words shall be guilty of a misdemeanor, and is punishable by imprisonment for any term not exceeding one year, with or without hard labour. Serving a foreign state, which service is generally inconsistent with the allegiance to one's natural prince, is restrained by the Foreign Enlistment Act, which enacts that any natural-born subject of her Majesty who, without licence from the Crown, shall take, or accept, or agree to take or accept any military commission, or shall enter into the military or naval service of any foreign prince, state, or potentate; or shall, without leave and licence, go to any foreign country, or to any place beyond the seas, with intent to enlist, or endeavour to procure any other person so to enlist, to serve in any warlike operation whatever, whether by land or by sea, shall be guilty of a misdemeanor; and further, that if any person whatever, in any part of her Majesty's dominions, shall, without leave and licence from the Crown, equip, fit out, or arm any vessel for the service of any foreign state, as a transport, or with intent to cruise, or commit hostilities against any state at peace with this country, such offender shall also be guilty of a misdemeanor, and may be punished by fine or imprisonment, or both. ང Offences of desertion or seducing to desert from the Army or Navy are placed under the jurisdiction of courts-martial, and punished by those courts according to the Annual Mutiny Acts and the Articles of War promulgated in pursuance thereof.† www Setting on fire, or destroying any of her Majesty's ships of war, whether built, building, or repairing; or any of the royal arsenals, magazines, dockyards, &c.; or causing, or assisting in such offence, is punishable with death. * See 59 Geo. III., c. 69; also 33 and 34 Vict., c. 90. † See 35 & 36 Vict., c. 3, an Act for punishing mutiny and desertion, and for the better payment of the Army, and their quarters; see also c. 4, an Act for the regulation of her Majesty's Royal Marine Forces while on shore. CHAPTER VI. OFFENCES AGAINST PUBLIC JUSTICE. The order of distribution will next lead us to take into consideration such crimes and misdemeanors as more especially affect the Commonwealth, or public polity of the kingdom; offences which are peculiarly pointed against the lives and security of private subjects, and also against the Sovereign, as the paterfamilias of the nation. Explain the Crimes and Misdemeanors that more especially affect the Commonwealth; and state the Punishment. inflicted by Law for each of them. Crimes more especially affecting the COMMONWEALTH may be divided into four heads:-1. Offences against public justice. -2. Offences against the public peace.- -3. Offences against public trade. 4. Offences against public health and safety, morals and economy. First, then, of offences against Public Justice, several of which are felonies, and punishable even to the extent of penal servitude for life; others only misdemeanors. 1. Stealing, injuring, falsifying, or embezzling records or other proceedings of a court of judicature is a felonious offence against public justice. By 24 & 25 Vict., c. 98, it is enacted—" that whosoever shall forge, or counterfeit the above, or shall utter the same, knowing them to be forged or counterfeited, shall be declared guilty of felony, punishable by penal servitude for any term not exceeding seven years, or for not less than five years; or for imprisonment for any term not exceeding two years, with or without solitary confinement." II. Injuring records, and falsifying proceedings of a court of judicature is an offence against public justice, and by stat. 24 & 25 Vict., c. 96, it is enacted "that whosoever shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously cancel, obliterate, injure, or destroy any record, writ, rule, order, or original document of any court of record, shall be guilty of felony, and be punishable by penal servitude for five years, or imprisonment for any term not exceeding two years, with or without hard labour, and with or without solitary confinement." It is also enacted by stat. 24 & 25 Vict., c. 98, s. 27, “that whosoever shall forge or fraudulently alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any record, writ, process, rule, answer, decree, or original document of or belonging to any Court of Equity or Court of Admiralty, used or intended to be used as evidence in any such court as aforesaid, shall be guilty of felony, and punishable by penal servitude for any term not exceeding seven years and 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." III. Striking, or any outrage in the Courts at Westminster, or at the assizes, or in any inferior court of jurisdiction, is also an offence against public justice, and formerly punishable with great severity. It may now be punished by the judges on the spot by imprisonment. Intimidation towards the parties or witnesses in a cause in a court of justice is also an offence against public justice, and punishable by fine and imprisonment. Obstructing the execution of lawful process is an offence of a very high and presumptuous nature; and more particularly so when it is an obstruction of an arrest upon criminal process. It is held that the party opposing such arrest becomes thereby particeps criminis; that is, an accessory in felony and a principal in treason, and is highly penal. Dissuading witnesses from giving evidence and contempts of court are high misprisions, and punishable by fine and imprisonment. The wilful refusal to aid a peace officer in the execution of his duty, in order to preserve the peace, is an indictable misdemeanor at common law. 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.* 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. |