to trees, &c.; to plants, &c.; way without water, is not such an offence, nor is a parrot such an animal (i). Trees, Plants, &c.-To destroy or damage any tree, sapling, shrub, or underwood, growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground adjoining, or belonging to, any dwelling-house, provided that the amount of the injury done exceeds the sum of £1, or if the tree, &c., is growing elsewhere, provided that the amount exceeds £5, is a felony, punishable by penal servitude to the extent of five years (j). If the injury amounts to the value of one shilling at least, wheresoever the tree, &c., is growing, the offence is punishable, on summary conviction, by imprisonment not exceeding three months, or fine not exceeding £5 above the amount of the injury; for the second offence, imprisonment not exceeding twelve months; the third offence is a misdemeanor, punishable by imprisonment not exceeding two years (k). To destroy or damage with intent to destroy, any plant, root, fruit, or vegetable production growing in any garden, orchard, nursery-ground, hot-house, greenhouse, or conservatory, is punishable, on summary conviction, by imprisonment not exceeding six months, or penalty not exceeding £20 above the amount of the injury; the second offence is a felony, punishable by penal servitude to the extent of five years (l). If the plant, &c., does not grow in such place, the offence is punishable, on summary conviction, by imprisonment to the extent of a month, or fine of twenty shillings; for the second offence, imprisonment not exceeding six months (m). (i) Swan v. Sanders, 50 L. J. (M.C.) 67; 44 L. T. N. S. 424. (k) s. 22. (1) s. 23. To cut, or otherwise destroy, any hopbinds growing on to hopbinds; poles in any plantation of hops, is a felony, punishable by penal servitude to the extent of fourteen years (n). art. Works of art, &c.-To destroy or damage works of art, to works of &c., in public museums, &c.; or (b) pictures, statues, monuments belonging to places of worship, public bodies, or in public places, is a misdemeanor, punishable by imprisonment not exceeding six months (o). Such are the particular cases provided for by the General statute; but in addition to these there are the following provisions. general provisions: £5. Whosoever unlawfully and maliciously commits any Where the damage, injury, or spoil to or upon any real or personal injury exceeds property, either of a public or private nature, for which no punishment has been provided in the Act, the damage, injury, or spoil being to an amount exceeding £5, is guilty of a misdemeanor, punishable by imprisonment not exceeding two years. If the offence is committed at night (i.e., between the hours of nine in the evening and six in the morning), the offender is liable. to penal servitude to the extent of five years (p). And in cases where the damage does not exceed Where the injury does not £5, any person committing damage to any property exceed £5. may be summarily convicted before a magistrate, and punished by imprisonment not exceeding two months, or fine not exceeding £5, and also a further sum not exceeding £5 as compensation. But this section does not extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the thing complained of, nor to any trespass, not (n) s. 19. (o) s. 39. (p) s. 51. v. R. v. Pembliton, L. R. 2 C. C. R. 119; 43 L. J. (M.C.) 91. Making or having being wilful or malicious, committed in hunting, fishing, or in the pursuit of game (2). Making or knowingly having in possession any gundangerous or powder, or any dangerous or noxious thing, or any noxious thing instrument or thing, with intent thereby, or by means thereof, to commit any of the felonies mentioned in the Act, is a misdemeanor, punishable by imprisonment not exceeding two years (r). with intent, &c. Particular malice need not be shewn. No defence that offender was in possession of the property. Proof of to defraud, &c., will Certain general rules are appended to apply generally to all the offences dealt with in the Act: It is not necessary to prove that the defendant was actuated by malice against the owner of the property (s). If a person, with intent to injure or defraud any other person, does any of the prohibited acts, it is no defence that he (the offender) was in possession of the property against, or in respect of which such act was done (t); as, for example, if a tailor or carrier wilfully and maliciously destroys goods intrusted to him. When it is necessary to allege an intent to injure or general intent defraud, it is not necessary to allege in the indictment, or prove at the trial, an intent to injure or defraud any particular person; proof of a general intent to injure or defraud will suffice (u). suffice. BOOK III. HAVING considered the essentials of crime in general, Criminal and examined the character of particular crimes, a procedure. second portion of the matter with which the Criminal Law is concerned now presents itself to our notice, namely, the proceedings, which have for their object the conviction of the guilty and the discharge of the innocent. But before entering upon the subject of Criminal Procedure, it will be well to inquire what measures the law has adopted in order to render those proceedings as far as possible unnecessary; in other words, to treat of the Prevention of Offences. measures for of offences. CHAPTER I. PREVENTION OF OFFENCES. Two classes of UNDER this head fall two classes of measures, differing the prevention considerably in their nature. The first is applicable chiefly in the case of those who have to some extent erred, but whom it is not deemed advisable to visit with punishment in the strict sense of the term. The second consists of general measures and provisions for the prevention of the commission or repetition of offences. Finding securities. The recogniz ance. A. The first mode of preventing offences may be generally said to consist in obliging those persons, whom there is probable ground to suspect of future misbehaviour, to stipulate with and give full assurance to the public that the offences which are apprehended shall not happen. This is effected by their finding pledges or securities, which are of two kinds : i. For Keeping the Peace. ii. For Good Behaviour. But in the first place we shall go over the ground which is common to both. Of what does this "given security" consist? The person of whose conduct the law is apprehensive is bound, with or without one or more securities, in a recognizance or obligation to the Crown. This is taken by some court or by some judicial officer. The recognizance is of the nature following:-The person bound acknowledges himself to be indebted to the Crown in the sum specially ordered, with a condition that it |