S. Id., s. 31. [One Justice].-(6) Any person aiding, abetting, counselling, or procuring the commission of any offence under this title.

P. Liable to the same forfeiture and punishment as a principal offender. (S. 31).

F. 7 & 8 G. IV., c. 30, s. 3. Bail disc.-(1) To manufactures, machinery, &c., or forcibly entering house, &c., with intent to commit offence. P. Tr. life-7 yrs. ; or impr. not exc. 4 yrs., h. l., s. c., and w.; or (if male) h. 1. on roads 15-5 yrs.

F. Id., s. 4. Bail disc.—(2) To threshing or any other machine, &c. P. Tr. 7 yrs.; or impr. not exc. 2 yrs., h. l., s. c., and w. ; or (if male) h. 1. on roads 5—3 yrs.

F. 9 & 10 Vic., c. 25, s. 1, (adopted by 14 Vic., No. 16). Bail disc.(3) To dwelling-house, (person being therein), by gunpowder or other explosive substance.

P. Tr. life-15 yrs. ; or impr. not exc. 3 yrs., h. l., s. c., and w.; or (if male) h. 1. on roads 15-7 yrs.; (if female), impr. 7—3 yrs., h. 1. and s. c. F. 7 & 8 G. IV., c. 30, s. 19. Bail disc.-(4) To a tree, sapling, shrub, or underwood, growing in a park, pleasure-ground, garden, orchard, or avenue, or in any ground adjoining or belonging to a dwelling-house,injury exceeding £1.

P. Tr. 7 yrs.; or impr. not exc. 2 yrs., h. l., s. c., and w.; or (if male) h. 1. on roads 5-3 yrs.; (if female), impr. 3-1 yr., h. or 1. 1. and s. c. F. Id. Bail disc.-(5) To a tree, &c., growing elsewhere, injury exceeding £5. See R. v. Whiteman, ante, p. 294, (Note q) (23 L. J. M. C., 120), as to how damage estimated.

P. The same.

F. Id., s. 20. Bail disc.-(6) To a tree, &c., wheresoever growing, injury 1s. at the least, after two previous summary convictions. See ante, p. 294, S. offence (1).

P. The same.

F. Id., s. 21. Bail disc.—(7) To a plant, root, fruit, or vegetable production, growing in a garden, orchard, nursery-ground, hothouse, greenhouse, or conservatory, after one previous summary conviction. See ante, p. 295, S. offence (2).

P. The same.

F. Id., ss. 6, 7. Bail disc.-(8) To mines, by flooding; to airway, engines, staith, building, bridge, waggon-way, &c., of same.

P. Tr. 7 yrs.; or impr. not exc. 2 yrs., h. l., s. c., and w. ; or (if male) h. 1. on roads 5-3 yrs.; (if female), impr. 3-1 yr., h. 1. and s. c.

F. Id., s. 12. Bail disc.-(9) To banks or docks, &c., of rivers and canals.

P. Tr. life-7 yrs.; or impr. not exc. 4 yrs., h. 1., s. c., and w.; or (if male) h. 1. on roads 15-5 yrs.

F. Id., s. 12. Bail disc.-(10) To piles for securing sea banks or flood-gates, &c.

P. Tr. 7 yrs.; or impr. not exc. 2 yrs., h. 1., s. c., and w.; or (if male) h. l. on roads 5-3 yrs.

M. Id., s. 15. Bail comp.-(11) To the dam of any mill or fish-pond, or putting lime into fish-ponds.

P. The same.

M. Id., s. 13. Bail disc.-(12) To public bridges.

P. Tr. life-7 yrs.; or impr. not exc. 4 yrs, h. 1., s. c., and w.; or (if male) h. 1. on roads 15-5 yrs.

M. Id., s. 14. Bail comp.-(13) To turnpike gates, or wall, chain, weighing-machine, house, &c., of same.

P. Fine, or impr., (h. 1., and s. c.); or both.

F. Id., s. 10. Bail disc.-(14) To ships, whether unfinished or not, with intent to destroy same.

P. Tr. 7 yrs.; or impr. not exc. 2 yrs., h. 1., s. c., and w.; or (if male) h. 1. on roads 5-3 yrs.

F. 1 Vic., c. 89, s. 5. Bail disc.-(15) Exhibiting false signals to bring ships into danger, &c., or doing anything else tending to destroy ship. P. Death.

F. 1 Vic., c. 89, s. 8. Bail disc.-(16) Destroying part of a ship in distress, or any goods belonging thereto.

P. Tr. 15-10 yrs.; or impr. not exc. 3 yrs., h. 1. and s. c.; or (if male) h. 1. on roads 10-5 yrs.; (if female), impr. 5—2 yrs., h. 1. and s. c. F. 9 & 10 Vic., c. 75, s. 6., (adopted by 14 Vic., No. 16). Bail disc.(17) Throwing gunpowder or other explosive substance into or near any building or vessel, with intent to destroy same, whether or not any explosion takes place, &c.

P. Tr. not exc. 15 yrs.; or imp. not exc. 2 yrs., h. l., s. c., and w.; or (if male) h. l. on roads 10-5 yrs.; (if female), impr. 5—2 yrs., h. l. and s. c.

M. 13 Vic., No. 2. Bail comp.-(18) To scientific and literary collections in Museums, &c.; to pictures in a Church, &c.; or to a statue in a public place, or any mile-stone.

P. Impr. not exc. 6 mths., with or without h. 1. and w.

F. 7 & 8 G. IV., c. 30, s. 26; and 9 & 10 Vic., c. 25, s. 10. Bail disc. -(19) Accessories after the fact.

P. Impr. not exc. 2 yrs., h. 1., s. c., and w.

MANSLAUGHTER.

See "MURDER."

Bail disc.-(1) The unlawful killing of another without malice, either expressed or implied, which may be voluntarily, upon a sudden heat, or involuntarily, but in commission of some unlawful act.

P. Tr. life-7 yrs.; or impr. with h. 1. not exc. 4 yrs., or fine, (9 G. IV., c. 31, s. 9); or (if male) h. 1. on roads 15-5 yrs.; (if female), impr. 7-2 yrs., h. 1. and s. c.

F. 9 G. IV., c. 31, s. 31.—(2) Accessory after the fact.

P. Impr. not exc. 2 yrs.,

h. 1.

Describing offence of Murder or Manslaughter, &c.]-By 16 Vic., No. 18, s. 4, In any indictinent for murder or manslaughter, it is not necessary to set forth the manner in which, or the means by which, the death of the deceased was caused; but it is sufficient in the former charge to allege that the defendant did feloniously, wilfully, and of malice aforethought, kill

and murder, in the latter charge that he did "feloniously kill and slay," the deceased. Upon an indictment for murder the jury may convict of manslaughter. (2 Hawk., c. 47, ss. 4, 5).

MANUFACTURES.

M. 13 Vic., No. 22, s. 1. (x) Bail comp.-(1) Any person intrusted, for the purpose of manufacture, or for a special purpose connected with manufacture, or employed to make any felt or hat, or to prepare a work of any woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax, silk, or any such materials mixed one with another, or with any other article, materials, fabric, or thing, or with any tools or apparatus for manufacturing the same, and selling, pawning, purloining, secreting, embezzling, exchanging, or otherwise fraudulently disposing of the same, or any part thereof.

P. Fine and impr., at the discretion of the Court.

M. Id., s. 2. Bail comp.-(2) Any person receiving, accepting, or taking by way of gift, pawn, pledge, sale, or exchange, or in any other manner, of or from any person hired or employed as aforesaid, any such woollen, &c., (see last section), knowing that any such articles, materials, fabric, or thing, as aforesaid, or any such tools or apparatus, are purloined, embezzled, or secreted, as aforesaid, or that the persons offering the same, &c., are fraudulently disposing thereof.

P. The same.

M. Id., s. 3. Bail comp.-(3) Any person intrusted with any of the materials before mentioned, in order to prepare, work up, or manufacture the same, not using all such materials in preparing, &c., and neglecting or delaying for thirty days after such materials shall be prepared, &c., to return (if required, in writing, by the owner of such materials so to do), so much of the said materials as shall not have been used to the person intrusting him therewith, shall be deemed guilty of embezzling, purloining, and secreting such materials.

P. The same.

MARRIAGE.

S. 19 Vic., No. 30, s. 21. [Two Justices].-(1) Any Minister, or person officiating as such, celebrating any marriage, and omitting, by accident or inadvertence, to cause his name, designation, or usual residence to be registered according to this Act.

P. Fine not exc. £20: to be recovered either by distress, (s. 19 of 11 & 12 Vic., c. 43), or according to the procedure of 5 W. IV., No. 22. See "Justices," No. 2, p. 243.

S. Id., s. 22. Two Justices].-—(2) Any Minister, or person, having celebrated any marriage, and failing to comply with the provisions of this Act, or any of them, respecting the Certificate to be transmitted to the District Registrar.

(x) By s. 4, Any Justice is empowered to issue search or other warrant against the alleged offender. The prosecution must be commenced within six months next after the commission of the offence.

P. Fine £50-£10: to be recovered as offence (1).

N.B.-Quakers and Jews].—Where no person shall have celebrated the marriage, other than the parties thereto themselves, the like penalty shall attach to the husband, in case the Certificate thereby required (x) shall not be duly transmitted

M. 9 Vic., No. 30, s. 17. Bail comp.-(1) Every Minister, District Registrar, or other person celebrating, or professing or attempting to celebrate, marriage in the case of any person under the age of twenty-one years, not being a widower or widow, without such written consent as required by sect. 10, (z) knowing him or her to be under that age, or knowing that the consent produced is not by the appropriate person, or wilfully celebrating, or professing or attempting to celebrate, any marriage in any other case contrary to any of the provisions of this Act, or where any provision of this Act shall not have been complied with, knowing the same not to have been complied with.

P. Fine not exc. £500, alone, or with impr., not exc. 5 yrs.

M. Id., s. 18. Bail comp.-(2) Any person wilfully making any false statement, on oath, or by solemn affirmation, before any Surrogate, District Registrar, or Minister, or before any Justice appointed (see s. 11) under any of the provisions of this Act, or intended or purporting to be. P. The same as for perjury. See "Perjury."

M. Id., s. 19. Bail comp.-(3) Every person wilfully marrying a person under the age of twenty-one years, (and whom he or she shall know to be under that age), without having previously obtained the written consent of the father or guardian, or (where the mother is competent) of the mother, of the person so under age, or the written consent of some Justice appointed in that behalf;-or inducing or endeavouring to induce any Minister, Registrar, or other person to celebrate marriage between parties, one of whom he or she shall know to be under age, without such consent; and every person abetting or assisting the offender in any such act, knowing the same to be illegal.

(Y) By s. 8, Nothing in this Act shall extend to any marriage between parties of whom both shall be Quakers or Jews. Certificate of every such marriage shall, nevertheless, within ten days next following, be transmitted to the Registrar of the district within which it was celebrated, by the person celebrating the marriage, or by one of the parties thereto, stating the date and place of such marriage, and the name, designation, and usual residence of each of those parties. By s. 9, Every marriage celebrated between parties being both Quakers or both Jews, shall be as legal and valid as if duly solemnized under the provisions of this Act, if such marriage was, when celebrated, a valid marriage according to the usages of the Quakers or Jews, as the case may be.

(z) S. 10. If either party to any intended marriage, not being a widower or widow, shall be under the age of twenty-one years, such marriage shall not take place without production to the Minister or Registrar about to celebrate the same, of the written consent of the father of such party, if within the Colony; or, if not within the Colony, then of a guardian appointed by the father; or, if there be no such guardian in the Colony, then of the mother of such party, if within the Colony; or, where there is no such parent or guardian in the Colony, or he or she is incapable of duly consenting, by reason of distance, habitual intoxication, or mental incapacity, then the written consent of some Justice of the Peace, appointed for that purpose: Provided that such Justice shall make inquiry, on oath, as to the facts and circumstances of the case, before giving such consent.

P. Fine not exc. £500, or impr. not exc. 5 yrs., or both.

F. Id., s. 20. Bail disc.-(4) Any person forging, or assisting in. forging, or procuring to be forged, (or uttering or assisting in uttering, or causing to be uttered, as true, knowing the same to be forged), any consent or writing purporting to be a consent of or by the father, guardian, or mother of a person under the age of twenty-one years, or to be the consent of a Justice appointed under the provisions of this Act, (s. 10), (a) or any certificate or writing purporting to be a certificate under the provisions of this Act, (Note A), or any copy of a Registry or writing purporting so to be, or signing or transmitting to any Registrar any certifi cate or writing purporting so to be, containing to his or her knowledge any false statement therein.

P. Impr. with h. 1., or h. 1. on roads, for term not exc. 5 yrs.

M. Id., s. 21. Bail comp.-(5) Every Minister, or person officiating as such, celebrating any marriage, knowing that his name, designation, or usual residence has not been registered, or is not then duly registered according to this Act.

P. Same as offence (1).

MASTER AND SERVANT.

Magistrates must remember that they are not authorized under any circumstances to exercise any jurisdiction in matters relating to their own servants, or in cases in which they are directly interested.

The Master and Servants' Act (20 Vic., No. 28, s. 1) is given in full.

I. The word "Master" shall extend to and include all employers, male or female, of servants, and also agents, superintendents, overseers, or other persons acting for or on behalf of any employer. The word "Servant" shall include all agricultural and other labourers, shepherds, watchmen, stockmen, grooms, all domestic and other servants, artificers, journeymen, handicraftsmen, gardeners, vine-dressers, splitters, fencers, shearers, sheepwashers, reapers, mowers, haymakers, hired and engaged in this Colony, either by verbal or written contract, and all persons engaged in the United Kingdom of Great Britain and Ireland, or in any of the British Colonies, in the British East India possessions, or in Foreign Countries, by indenture, or other written agreement, as shepherds, or labourers, or otherwise.

See Ex parte Evennett, (Part III), as to the meaning of the term "servant."

The word "Justices" shall mean any two or more Justices assembled and acting in Petty Sessions, and in open court, in the district or place

(A) S. 7. Every marriage shall be celebrated in the presence of two witnesses at least, who shall sign a certificate, which shall also be signed by the Minister or Registrar celebrating the marriage, and by the parties thereto, and shall be legibly written (or partly written and partly printed) in the Form contained in the Schedule hereto marked (E); and such Minister or Registrar shall deliver a copy of such certificate immediately after the marriage, signed by himself, to one of the parties to the marriage; and the said Minister shall, within one month thereafter, transmit the original certificate to the Registrar of the district within which such marriage was celebrated.