and entereth into a dwelling-house with intent to commit a Burglary. felony." The Larceny Act also enacts that whosoever shall enter the dwelling-house of another with intent to commit any felony thereon, or, being in such dwelling-house, shall commit any felony therein, and shall in either case break out of the said dwelling-house in the night, shall be deemed guilty of burglary (1). Night, for the purposes of this crime, is deemed to commence at nine in the evening and to conclude at six in the morning of the succeeding day (2). Both the breaking and entering must take place at night. If either be in the daytime it is not burglary. The place must be a permanent building (there can be no burglary into a tent or booth, even though the owner reside there), and must be either the place where one is in the habit of residing, or some building between which and the dwellinghouse there is a communication, either immediate or by means of a covered or enclosed passage leading from one to another (3). The house must also be the house of another; therefore, a person cannot be indicted for a burglary in his own house, though he breaks and enters the room of his lodger and steals his goods. The breaking and entry need not take place at the same time, e.g. if a hole be broken one night and the same breakers enter through it the next night they are burglars (4). There must be an actual or constructive breaking, not a mere leaping over "an invisible ideal boundary, but a substantial forcible irruption," e.g. by taking out the glass of, or otherwise opening, a window, picking or opening a lock with a key, or by lifting up the catch of a door, or unclosing any other fastening (5). There is an actual breaking where an entrance is effected down a chimney, for that is closed as much as the nature of things will permit, but it is not an actual breaking to enter through an open window or door, nor to raise a window already partly open; but lifting the flap of a cellar which was kept down by its own weight has been decided to be a burglary (6). There is a constructive breaking where admission is gained by some device, there being no actual breaking, as to knock at a (1) 24 & 25 Vict. c. 96, s. 51. (1) 1 Hale, P. C. 551. (") R. v. Russell, 1 Mood. E. C. 377. Burglary. door, and then rush in with a felonious intent, or enter under pretence of taking lodgings, and rob the owner of the house. Housebreaking. Forgery. Any, the least degree of entry of any part of the body, or of an instrument held in the hand, e.g. a hook or other instrument put in at a window to draw out goods, is, however, sufficient. To constitute this crime there must be an intent-whether it be actually carried out, or only demonstrated by some attempt or overt act-to commit some felony in the dwellinghouse, otherwise it is only a trespass (1). The maximum punishment for burglary is penal servitude for life (2). Any person in any way entering a dwelling-house in the night with intent to commit a felony is guilty of felony, and liable to penal servitude for seven years (3). Any person found at night armed with any dangerous or offensive weapon or instrument with intent to break or enter any dwelling and to commit a felony therein, or found at night, without lawful excuse, the proof of which excuse lies on him, in the possession of any housebreaking implement, or with his face blackened or disguised with intent to commit a felony, or found at night in any building with intent to commit a felony, is guilty of a misdemeanour, punishable with penal servitude to the extent of five years (4). Breaking and entering any church, chapel, meeting-house, or other place of divine worship, and committing any felony therein, is also a felony punishable with penal servitude for life as a maximum (5). Housebreaking is the offence of breaking and entering any dwelling-house, school-house, shop, warehouse, or countinghouse, and committing any felony therein, or being therein committing any felony, and then breaking out. It is a felony punishable with a maximum penalty of fourteen years' penal servitude. In this case the breaking and entering may be in the daytime ("). Forgery may be defined as the fraudulent making or alteration of a writing or seal to the prejudice of another man's right, or of a stamp to the prejudice of the revenue (7). An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in (1) 1 Hale, P. C. 561. (2) 24 & 25 Vict. c. 96, s. 52. (5) 24 & 25 Vict. c. 96, s. 50. existence a specific person, ascertained capable of being defrauded thereby (1). or unascertained, Forgery. The instrument forged must so far resemble the true instrument as to be capable of deceiving persons who use ordinary observation (2). It may also be remarked that a slight material alteration is sufficient to constitute the offence (3). The name forged may be a purely fictitious one, if the intention be to defraud (4). It is sufficient to prove a general fraudulent intention. It is a crime to utter a forgery, but it must be shown that at the time of uttering, the accused knew the document, &c., to be forged (5). At common law forgery is a misdemeanour only, but the heinous character of the offence has caused many instances of it to be made felony by statute. The principal statute now dealing with the offence is the Forgery and False Personation Act, 1861 (6). 1874. The False Personation Act, 1874, makes it a felony for any The False person falsely and deceitfully to personate any person, or the Personation Act, heir, executor, or administrator, wife, widow, next of kin, or relation of any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security, or property. The maximum penalty for this offence is penal servitude for life, or any period 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 (7). False personation for the purpose of obtaining goods, money, &c., is a crime at common law, but particular classes of the offence are also dealt with specifically by various statutes passed with regard to the personation of seamen and soldiers in order to obtain their pay, wages or prize-money (8) and of stock or share holders (9). Malicious injuries to property are dealt with by 24 & 25 Vict. c. 97. The offence of arson consists in the wilful and malicious setting fire to any building. The offence is punishable with varying (1) Stephen's Digest, 4th ed. p. 296. (2) R. v. Callicott, R. & R. C. C. R. 212. (3) 2 East, P. C. c. xix. s. 4. (8) 28 & 29 Vict. c. 124, ss. 8, 9; 2 & 3 Wm. 4, c. 53, s. 49; 7 Geo. 4, c. 16, s. 38; R. v. Lake, 11 Cox, 333. (9) 24 & 25 Vict. c. 98. s. 3; 26 & 27 Vict. c. 73, s. 14, as to Indian Stock; 30 & 31 Vict. c. 131, s. 35; Companies Act, 1867; 33 & 34 Vict. c. 58, s. 4, as to shareholders, National Debt Act, 1870. Malicious injuries to property. Arson. Arson. Explosive substances. severity: thus it is felony, punishable with penal servitude for life as a maximum, to commit arson of any place of divine worship (1); a dwelling-house, any person being therein (2); to any private building whether in the possession of the offender or any other person, with intent to injure or defraud any person (3); to any public building (4); to any stack of corn, hay, &c. (5); to any mine of coal. Other species of arson are punishable with fourteen years' penal servitude as a maximum, e.g., to commit arson of a building other than of the nature above indicated (6); to any crop of hay, corn, &c. Sending letters threatening to burn any house, barn, or other building, or any stack of grain, hay, or straw, or other agricul tural produce, is a felony punishable with penal servitude for ten years as a maximum (7). It should be noted that some portion of the house, &c., must be actually burnt; it is not enough that something in the house should be burnt (8); the burning must be wilful, and therefore no negligence, however gross, will amount to the offence. One description of arson is still punishable with death ("); viz., that of wilfully and maliciously setting fire to Her Majesty's ships of war, arsenals, shipbuilding materials, or munitions of war (10). Another very serious species of malicious injury to property arises from the improper use of explosive substances. Thus it is a felony punishable with penal servitude for life unlawfully and maliciously to cause an explosion likely to endanger life, or to cause serious injury to property, whether any injury to person or property has been actually occasioned or not. The possession of any explosive with intent to use it as abovementioned, is punishable with penal servitude for twenty years as a maximum penalty (11). (1) 24 & 25 Vict. c. 97, s. 1. (3) Ibid. s. 3. (4) Ibid. s. 5. Ibid. s. 17. (6) Ibid. s. 6. (7) Ibid. s. 50. ($) R. v. Russell, C. & Mar. 541. (2) The Court, however, may order judgment of death to be recorded, which is equivalent to a reprieve of the prisoner: 4 Geo. 4, c. 48; Stephen's Digest, 4th ed. p. 14. (19) 12 Geo. 3, c. 24. (1) See as to the use of explosives, 45 Vict. c. 3. CHAPTER VIII. CRIMINAL PROCEDURE. Having now noticed some of the principal and most characteristic crimes and offences known to English law, it will be desirable to treat briefly of "Criminal Procedure." Here it will be necessary to remember the great general division of breaches of criminal law into (A) offences punishable upon summary conviction; and (B) indictable crimes. Jurisdic tion. Offences which fall within the first division are dealt with Courts of before "Courts of Summary Jurisdiction," which consist in the Summary country of justices of the peace to the number (in most cases) of two or more; in the city of London, of the Lord Mayor or an alderman (who sit in their capacity of justices of the peace); in the metropolis, outside the city, of a "Metropolitan Police Magistrate," and in certain populous places, of a "Stipendiary Magistrate." These courts are the creatures of a series of statutes; for at the common law no man could be punished save by the judgment of his peers, i.e. of a jury, or in case of a peer of the Lords. Their procedure is now regulated (as regards summary proceedings) by certain Acts of Parliament, of which the chief are 11 & 12 Vict. c. 43, and 42 & 43 Vict. c. 49. They are empowered under some circumstances to dispose of some indictable offences in a summary way (1). On the other hand, it is provided that a person charged with an offence (other than assault) for which he is liable on summary conviction to be imprisoned for a term exceeding three months may, on appearing before the Court, and before the charge is gone into, but not afterwards, claim to be tried by a jury (2). Moreover, any defendant imprisoned without the option of a fine may, unless in certain exceptional cases, appeal to the justices in general quarter sessions of the peace (3)—a tribunal of which we will speak presently. A right of appeal is also (1) See 42 & 43 Vict. c. 49, ss. 1015; and see Reg. v. Miles, 24 Q. B. D. 423, as to effect of previous conviction. (2) 42 & 43 Vict. c. 49, s. 17. The defendant is to be informed of his right by the Court. The section does not apply where the imprisonment is (3) Sect. 19 of 42 & 43 Vict. c. 49. |