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Furious driving.

Vagrancy.

ordering, or permitting other persons to mix, colour, &c., any article of food with any material injurious to health, with intent that the same may be sold in that state, is punishable for the first offence by a penalty of £50; the second offence is a misdemeanor, punishable by imprisonment not exceeding six months (o). The same consequences attend the adulteration of drugs, so as to affect injuriously the quality or potency of such drugs (p). In either case the person is excused if he can prove absence of knowledge. The defendant is discharged if he can prove that he bought the article in the same state as he sold it, with a warranty (g). Other punishments are prescribed for giving false warranties, false labels, forging certificates, or warranties, &c. (r).

WANTON AND FURIOUS DRIVING.

Any one having the charge of any carriage or vehicle, who, by wanton or furious driving or racing, or by wilful misconduct, or by wilful neglect, does or causes to be done any bodily harm to another, is guilty of a misdemeanor, and is liable to imprisonment not exceeding two years, or fine, or both (s).

VAGRANCY.

There are always in this country a great number of persons, belonging to the criminal class, against whom no particular offence can be proved, but whose conduct demands correction. The law punishes such as vagrants; taking care that mere misfortune or poverty does not place an innocent person in this class. The chief statute on the subject is 5 Geo. 4, c. 83, amended by 1 & 2 Vict. c. 38; other Acts rendering liable to

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the punishments of these statutes those who evidence their culpability by certain kinds of conduct.

Persons of this character are divided into three classes-I. Idle and disorderly persons; 2. Rogues and vagabonds; 3. Incorrigible rogues.

1. Idle and Disorderly Persons.-This class consists Idle and disorderly of such characters as the following:-(a) Persons bepersons. coming chargeable to the parish though able to work; (b) Those returning to a parish from which they have been removed; (c) Hawkers and pedlars wandering about and trading without licence; (d) Prostitutes behaving in public places in a riotous or indecent manner; (e) Beggars asking alms or causing or encouraging others to do so (t); (f) Insubordinate or disobedient paupers (u).

The punishment, on conviction before a magistrate, is imprisonment for not exceeding one month (v).

2. Rogues and Vagabonds.-Under this designation Rogues and vagabonds. fall (a) those who commit any of the above offences a second time. Also the following: (b) Persons pretending to tell fortunes, &c.; (c) Wandering about, lodging in a barn, in the open air, &c., not having any visible means of subsistence, and not giving a good account of themselves; (d) Publicly exposing to view obscene prints, &c.; (e) Publicly exposing their persons; (f) Exposing wounds or deformities in order to obtain alms; (g) Collecting alms or contributions under false pretences; (h) Running away and leaving wife or children chargeable to the parish; (i) Playing or betting in public (w); (k) Having in possession one

(t) 5 Geo. 4, c. 83, s. 3.

(u) 34 & 35 Vict. c. 108, s. 7.

(v) 5 Geo. 4, c. 83, s. 3.
(w) 36 & 37 Vict. c. 38, v. p. 137.

K

Incorrigible rogues.

or more of certain instruments with intent to commit a felonious act; (1) Being found in a dwelling-house, &c., for an unlawful purpose; (m) Suspected or reputed thieves visiting public places with intent to commit a felony; (n) Making violent resistance when apprehended by a peace officer as an idle, disorderly person, provided there be a conviction; (0) Acting contrary to directions of certificates given to persons discharged from prison under 5 Geo. 4, c. 83, s. 15 (x).

The punishment awarded by the magistrate is imprisonment not exceeding three months. In this case, and that of imprisonment as an idle and disorderly person, there is an appeal to the sessions (y).

3. Incorrigible Rogues.-To be dealt with as such are (a) Those who are convicted a second time of an act which makes the doer a rogue and vagabond; (b) Escaping out of a place of confinement before the expiration of the time for which they were committed under this Act; (c) Making violent resistance when apprehended by a peace officer as a rogue and vagabond, if subsequently convicted of the offence for which they were apprehended (2).

The magistrate may commit a person convicted as an incorrigible rogue to hard labour in the house of correction until the next sessions. By that court he may be imprisoned for a period not exceeding one year, with or without whipping, if a male (a).

(x) 5 Geo. 4, c. 83, s. 4.

(y) Ibid.

(2) Ibid. s. 5.

(a) Ibid. Though drunkenness is not an indictable offence, but only punishable on summary conviction, the subject may have a passing notice here. The mere fact of drunkenness is punishable by forfeiture of 58. for the first offence; for the second the offender may be bound with two sureties in £10 for good behaviour (4 Jac. 1, c. 5; 21 Jac. 1, c. 7, s. 3). Persons found drunk in any street or public thoroughfare, building, or other place, or on any licensed premises, are liable to a penalty of 10s. for the first offence; 20s. and 40s. for the second and third within the twelve

SENDING UNSEAWORTHY SHIP TO SEA.

worthy ship

If a ship is sent to sea in such unseaworthy state Sending unseathat the life of any person is likely to be thereby to sea. endangered, the following persons are guilty of a misdemeanor:

of

any

(a) The person sending it; (b) the managing owner British ship so sent to sea from any port in the United Kingdom; (c) the person attempting to send it to sea; (d) the master of a British ship knowingly taking it to sea.

But the accused will not be deemed guilty if he Defence. proves in the former cases that he has used all reasonable means to ensure the ship being sent to sea in a seaworthy state, or proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable; in the last case, if he proves the latter of these points.

In each case the accused may give evidence in the same manner as any other witness (b).

months. If, whilst drunk, a person is guilty of riotous or disorderly behaviour, or is in charge of any carriage, horse, cattle, or steam-engine, or is in possession of any loaded fire-arms, the penalty is 40s., or imprisonment for a month (35 & 36 Vict. c. 94, s. 12). The same Act contains penalties for permitting drunken conduct (v. 10 & 11 Vict. c. 89).

(b) 38 & 39 Vict. c. 88, s. 4; v. p. 404. The first trial at which the defendant was examined took place at the Liverpool Spring Assizes, 1876.

Ground of

special legisla

offences.

CHAPTER IX.

OFFENCES RELATING TO GAME.

WITHOUT entering into a discussion as to the suffition as to game ciency of the ground on which the game laws are based, we proceed to treat of poaching and the attendant offences. We shall find hereafter that animals fera natura (including game) in their live state are not the property of any one, and on this account are not the subjects of larceny. Therefore the legislature has made special provisions, in some cases more stringent than in the case of ordinary articles.

Taking, &c.,

The principal statute on the subject is 9 Geo. 4, c. 69, amended by 7 & 8 Vict. c. 29 and 25 & 26 Vict. c. 114. The following are the chief offences:

i. Any person by night (declared to commence one game by night. hour after sunset, and to conclude at the beginning of the last hour before sunrise) (c) unlawfully taking or destroying any game (hares, pheasants, partridges, grouse, heath or moor game, black game and bustards), or rabbits, in any land open or inclosed (d), or on public roads, highways, gates, outlets, openings between such lands and roads (e).

Entering, &c.,

ii. Any person entering or being by night in such for purpose of places, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game (ƒ). An

taking.

(c) 9 Geo. 4, c. 69, s. 12.

(d) Ibid. s. 1.

(e) 7 & 8 Vict. c. 29, s. I.
(f) 9 Geo. 4, c. 69, s. I.

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