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receiving or endeavouring to transfer and receive the dividends; (iii.) forging an attestation to a power of attorney for the transfer of stock or receipt of dividends; (iv.) making any false entry in the books of the public funds; (v.) the making out of a false dividend warrant, or warrant for the payment of money by any clerk or servant of the bank, with intent to defraud; (vi.) forging an East India bond or exchequer bill; (vii.) making or having in his possession plates, papers, or dies, for the manufacture of exchequer bills. See also 33 & 34 Vict. c. 58.

Mention some of the offences by the above statute made felonies us regards ordinary instruments.

(i.) Forging bank notes, or uttering them, knowing them to have been forged.

(ii.) Purchasing, possessing, or receiving bank notes, knowing the same to have been forged.

(iii.) The making, using, or possessing, without lawful authority, the moulds, engravings, or plates, for the making of bank notes or cheques.

(iv.) Forging, altering, or uttering deeds, bonds, wills, bills of
exchange, promissory notes.

(v.) Obliterating crossings on cheques.
(vi.) Forging or uttering debentures.

(vii.) Obtaining money, chattels, or securities by forged or
altered instruments, &c.

What is the punishment for the above offences?

The punishments vary according to the extent of the forgery from penal servitude for life to fourteen, seven, or five years, or imprisonment, &c.

If a merchant forge the trade marks of another, is this an offence? if so, by what Act?

By 25 & 26 Vict. c. 88, it is a misdemeanor, and in addition to the forfeiture of the articles is punishable by fine or imprisonment to the extent of two years, with or without hard labour, or both fine and imprisonment.

What is the offence of obtaining property by false personations, and what is the punishment?

Personating soldiers, seamen, or marines, to get their pay or prize money, or personating owners of stock, are now by various statutes made felonies, and punishable by penal servitude for life or not less than five years, or imprisonment for two years with or without hard labour. See also the False Personation Act, 1874 (37 & 38 Vict. c. 36).

What is the offence of obtaining property by false pretences, and what is the punishment?

By 24 & 25 Vict. c. 96, s. 88, it is a misdemeanor, assuming it to be committed with an intent to defraud; and even if it be found that the act amounted to a larceny the prisoner is not entitled to an acquittal. The punishment is penal servitude for not more than five years, or imprisonment, &c.

What is the offence of inducing a person to execute, make, accept, endorse, or destroy the whole or any part of a valuable security? The above inducement or causing a person to write, impress, or affix the names or the name of any other person or of any company, or the seal of any body corporate, upon any paper or parchment, in order that the same may be made or converted into a valuable security, is a misdemeanor and punishable as above.

Is it an offence fraudulently to conceal deeds or falsify a pedigree? By 22 & 23 Vict. c. 35, s. 24, and 23 & 24 Vict. c. 38, s. 8, it is a misdemeanor in the case of the vendor or mortgagor or his solicitor or agent, punishable with fine or imprisonment not exceeding two years, with or without hard labour, or both. But no prosecution can be commenced without the Attorney or SolicitorGeneral's consent, nor without notice to the party.

Is it an offence to counterfeit gold or silver coin, or to gild or silver any coins intending to pass for current gold, and what is the punishment?

In both cases, by 24 & 25 Vict. c. 99, ss. 2, 3, it is felony, as is also the receiving, putting off. at a lower rate than the current rate, or importing it into this country knowing it to be counterfeit. 24 & 25 Vict. c. 99, ss. 6, 7.

The punishment is penal servitude for life or not less than five years, or imprisonment, &c.

Is it an offence to impair, diminish, or lighten any current gold or silver coin, and what is the punishment?

If done with the intent that the coin so altered may pass for the current coin it is felony, punishable with penal servitude for fourteen or not less than five years, or imprisonment, &c.

Is it an offence for a person to have in his custody filings, clippings, dust, or solution produced by such diminishing or lightening coin, and what is the punishment?

It is felony if the person knows the same to have been so produced. The punishment is penal servitude for seven years, or not less than five with imprisonment.

Is it an offence to utter or have counterfeit coin in possession? If the person knows the same to be counterfeit it is a misdemeanor, punishable with imprisonment not exceeding one year, with or without hard labour and solitary confinement, and if at the time of such uttering the offender have any more counterfeit coin in his possession, or within ten days he utter any more knowingly, the imprisonment may be for two years, and whoever has in his custody three or more pieces is guilty of a misdemeanor and liable to penal servitude for five years, or imprisonment, &c. ; and a second offence in any of the above cases is felony punishable with penal servitude for life or not less than five years, or imprisonment, &c.

What offence is it to make or utter counterfeit copper coin?

A felony punishable with penal servitude for seven or not less than five years, or imprisonment, &c. And having three or more pieces of such coin, knowing the same to be false, with intent to utter, is a misdemeanor punishable with imprisonment for any term not exceeding a year, with or without hard labour and solitary confinement.

Is it an offence to stamp names or words upon coins, and would such coins be a good tender?

It is a misdemeanor punishable with imprisonment not exceeding one year, with or without hard labour. It is not a legal tender, and any person tendering the same is liable to be convicted before two justices and fined forty shillings.

CHAPTER VI.

OFFENCES AGAINST PUBLIC ORDER.

What is the highest civil crime that any person can commit ?

High treason, which in its very name (borrowed from the French) imports a betraying, treachery, or breach of faith. It is where one attacks majesty itself, as killing or attempting to kill the sovereign.

Under what several heads may treason be classed?

According to 25 Edward III., stat. 5, c. 2, they are,

(i.) Compassing or imagining the death of the king or queen consort or their eldest son or heir.

(ii.) By violating the king's companion, his eldest daughter unmarried, or the wife of his eldest son.

(iii.) By levying war against the king in his realm.
(iv.) By adherence to the king's enemies.

(v.) By killing the chancellor, treasurer, or king's justices

in the execution of their offices.

What was the punishment of high treason?

In males to be (i.) drawn, (ii.) hanged, (iii.) beheaded, (iv.) quartered, (v.) the head and quarters to be at the king's disposal. But by 33 & 34 Vict. c. 23, s. 31, drawing, beheading, and quartering are abolished, as also forfeiture on attainder.

What is misprision of treason?

The bare knowledge and concealment of treason without any degree of assent thereto, for any assent makes the party a principal traitor. 1 & 2 Ph. & M. c. 10.

Is it an offence to wilfully discharge or point any gun or other arms, loaded or not, at the Queen?

By 5 & 6 Vict. c. 51, if done with the intent to injure or alarm her, or to commit a breach of the peace, it is a high misdemeanor punishable by penal servitude for seven or not less than five years, with not more than three whippings.

Mention the acts which, formerly coming within the laws relative to treason, have, by 11 & 12 Vict. c. 12, been made felonies.

(i.) Within the United Kingdom or without, compassing the deposition of the Queen, her heirs or successors, from the style of the Crown of the United Kingdom or any other of her Majesty's dominions.

(ii) Levying war against her Majesty within the United Kingdom, to compel her to change her counsels or overawe the Houses of Parliament.

(iii.) Stirring up any foreign power to invade the United Kingdom or other her Majesty's dominions, and expressing the same. Compassings by publishing, printing, or speaking, or by any overt act or deed.

What are the chief provisions of the Riot Act, 1 Geo. I. st. 2, c. 5? That if any twelve or more persons are unlawfully assembled to the disturbance of the peace, and any one justice, sheriff, undersheriff, or mayor commands them by proclamation to disperse; if they contemn his orders, and continue together for one hour afterwards, they are guilty of felony, and punishable with penal servitude for life, or not less than five years, or imprisonment for not exceeding two years, with or without hard labour and solitary confinement. The same Act also contains a clause indemnifying the officers and their assistants unfortunately killing any of the mob in endeavouring to disperse them.

What is a common nuisance as distinguishable from a private nuisance? and give instances of the former.

A grievance to the community at large, as opposed to a private nuisance which merely affects the rights of particular persons. Instances of a public nuisance would be causing obstructions on the highways, or carrying on dangerous or offensive trades or manufactures.

What are common barratry and maintenance? and state the punishment for each. Is the latter ever justifiable?

Common barratry is the offence of frequently inciting and stirring up suits and quarrels between her Majesty's subjects either at law or otherwise. Maintenance is the officious intermeddling in a suit by assisting a party with money, or otherwise to prosecute or defend it. Both offences are punishable by fine and imprisonment. Maintenance is justifiable in favour of a man, kinsman, servant or poor neighbour.

CHAPTER VII.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
AND PUBLIC ORDER.

What is maintenance?

It is the officious intermeddling in a suit by assisting either party with money or otherwise to prosecute or defend it.

What is champerty?

It is derived from the words campum partire, and is a species of maintenance, save that there is an agreement to divide the land between the parties should they succeed, whereupon the champertor carries on the party's suit at his own expense.

Define conspiracy.

The combination or agreement of two or more persons to do an illegal thing, that is, to effect something in itself unlawful, or to effect by unlawful means something which in itself may be indifferent or even lawful.

Define perjury. By what statute were declarations substituted for extra judicial oaths?

Perjury may be defined as a crime committed when a lawful oath is administered in some judicial proceeding to a person who swears wilfully, absolutely, and falsely in a matter material to the issue or point in question. The perjury ought to be absolute, corrupt, and wilful, and material. The statute above alluded to is 5 & 6 Will. IV. c. 62.

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