courts holding that the jury had no question to determine but the mere fact of writing, printing or publishing, the latter contending that the guilt or innocence of the defendant would be thus taken away entirely from that tribunal, whose proper function it was to determine that very question.

Still further protection against prosecution for libel has been given to newspapers by a recent statute requiring, preliminary to any proceeding, the written fiat or allowance of the Director of Public Prosecutions, an official who acts under the orders of the Attorney-General.

The punishment on conviction for maliciously publishing a defamatory libel is fine or imprisonment, or both, as the court may award, such imprisonment not to exceed the term of one year. If however the defendant publish the libel knowing it to be false, the imprisonment may be for two years. And it is to be observed, that the defendant is entitled, on judgment given for him, to recover costs from the prosecutor: who on the other hand, if the issue upon a plea of justification is found for him, is entitled to recover his costs from the defendant.

CHAPTER XII.

OF OFFENCES AGAINST PUBLIC TRADE.

OFFENCES relating to public trade, which, like those of the preceding classes, are either felonious, or not felonious, are,

Firstly. Smuggling, or the importing of goods without paying the duties imposed thereon, is an offence ordinarily punishable by pecuniary penalties and the seizure of the goods. More open, daring, and avowed practices are more penal. Thus, three persons assembling with fire-arms to assist in the illegal exportation or importation of goods, or in rescuing the same after seizure, or in rescuing offenders in custody for such offences, are guilty of felony, and liable to penal servitude for life. Shooting at, maiming, or dangerously wounding any officer employed in the prevention of smuggling, is equally penal. Assaulting or obstructing an officer of the revenue in the execution of his

duty, is a misdemeanor; but may nevertheless involve a very severe punishment.

Secondly. Fraudulent bankruptcy; such as a bankrupt's not fully and truly discovering all his estate, or concealing his effects to the value of 10%., which, with many other like offences which might be mentioned, are misdemeanors. Till recently they were felonious, all offences against the policy of the Bankrupt laws being long and justly considered as atrocious species of the crimen falsi, which might properly be put upon a level with those of forgery and falsifying the coin.

Thirdly. The malicious destruction of machinery, or of goods in the process of manufacture; an offence which may involve penal servitude for life.

Fourthly. Unlawful combinations among workmen have formed the subject of several statutes. Workmen may meet together for the purpose of determining the wages they will accept, or the hours they will work, and may make arrangements among themselves for giving effect to their resolutions. But they must carry out their objects by lawful means; and not attempt by violence, intimidation, molestation, or obstruction to prevent masters from employing, or workmen from taking employment, at any wages they may agree for.

Fifthly and lastly. Cheating; for trade ought not to be carried on without a punctilious regard to common honesty, and faith between man and man. Hither, therefore, may be referred that multitude of statutes made to restrain and punish deceits in particular trades, which are now either repealed or in desuetude. the obsolete offence also of breaking the assize of bread, or the rules laid down by law for ascertaining its price in every given quantity, was reducible to this head of cheating; as is likewise in a peculiar manner the common offence of selling by false or false weights and measures. The punishment for all frauds of this kind, if indicted, is fine and imprisonment, to which hard labour may be added; but the more usual way is by levying, on a summary conviction, the pecuniary penalties imposed by statute.

Under this head of cheating, however, may be ranked one or two

other crimes of a more serious nature. Thus, Obtaining money or goods by false pretences, is a misdemeanor, punishable it may be with penal servitude for five years, or imprisonment with or without hard labour and solitary confinement, not exceeding two years. Incurring a debt or obtaining credit under false pretences, or by means of any other fraud, is also a misdemeanor, and punishable with imprisonment, not exceeding one year, with or without hard labour. The personation of another, or of an heir, executor, administrator, widow, next of kin or relation, with intent fraudulently to obtain any land, estate, money, chattel, or valuable security, is felony, punishable with penal servitude for life or not less than five years, or imprisonment not exceeding two years, with or without hard labour, and with or without solitary confinement. Obtaining the signature of any person to any bill, note or valuable security with intent to cheat or defraud is a misdemeanor, and subjects the offender to be kept in penal servitude for five years, or to be imprisoned for two years, with or without hard labour.

Indeed, any deceitful practice, in cozening another by artful means, whether in matter of trade or otherwise, is punishable with fine or imprisonment. Thus, concealing from the purchaser or mortgagee any settlement, will, or other instrument material to the title of or any incumbrance affecting the property, or falsifying any pedigree upon which a title does or may depend, in order to induce the acceptance of the title with intent to defraud, is a misdemeanor, punishable, at the discretion of the court, by fine, or imprisonment for any time not exceeding two years, with or without hard labour, or by both. Giving a false character to a servant, is a kind of cheat, and exposes the offender to a fine of 207., and in default to imprisonment and hard labour for not less than one or more than three months. A similar punishment may be inflicted on any person offering himself as a servant with a false character. The offence of fraudulently using trade marks is punishable by imprisonment not exceeding two years, with or without hard labour, and with or without a fine, besides the forfeiture of all the falsely marked goods. Knowingly selling or exposing for sale goods falsely marked is punishable by fine; all these offences being a kind of cheating.

CHAPTER XIII.

OF OFFENCES AGAINST THE PUBLIC HEALTH.

For the preservation of the public health there has been much and varied legislation.

1. By a statute of James I., any person infected with the plague, who was commanded by the mayor or constable to keep his house, and ventured to disobey it, might be forced, by the watchman appointed on such melancholy occasions, to obey such command. And if such person went abroad, he was, if he had no plague sore upon him, punishable by whipping; but if he had any infectious sore upon him, uncured, he was then guilty of felony. This statute, long obsolete, has, with all the acts continuing it, been repealed. But it is a misdemeanor at common law to expose a person labouring under an infectious disorder in the streets or other public places; and it is an offence punishable by imprisonment to produce, by inoculation or otherwise, the disease of small-pox. The guardians of the poor have now power to contract with the medical officers of parishes for the vaccination of the children of all persons there resident; and this vaccination is compulsory, under penalties summarily recoverable before two justices of the peace.

Elaborate provisions have also been made for securing the performance of quarantine, and obedience to regulations issued by the Privy Council with respect to vessels suspected of having the plague or other infectious disease on board. Offences are in ordinary cases punishable by a heavy fine.

The Local Government Board have also power, whenever any part of the country is threatened with or affected by any epidemic, to make regulations, which may be enforced by penalties, for the speedy interment of the dead, for house to house visitation, and for providing medical aid, and otherwise guarding against the spread of the disease.

2. The selling of unwholesome provisions is an offence to

prevent which an act of Henry III. prohibited the sale of corrupted wine, contagious or unwholesome flesh, or flesh that was bought of a Jew. The usual proceeding now is a prosecution before magistrates under the Adulteration Acts. The sending of diseased meat to market for sale is a serious misdemeanor; the exposure of meat that is unfit for food, for sale, is also penal. The sale of adulterated wine in a licensed house is a less offence, punishable by a small fine. A larger penalty and a disqualification from selling any wine by retail for five years is attached to its repetition.

3. Allowing premises to remain uncleansed, or permitting any gutter, privy, drain, ashpit, to be so foul, or any animal to be so kept, as to be injurious to health, are not only nuisances which may be abated by the local authorities, at the expense of the delinquent, but offences which may be punished by penalties.

4. Carrying on an obnoxious trade or manufacture, within the limits of any city, town, or populous district, is also a nuisance and an offence which may be dealt with in the same way.

5. Over-crowding places of labour and common lodging-houses ; and employing beyond the times allowed by law children under certain ages, or females, in mines and factories, are all within the category of offences against the public health, which may be punished by penalties. The Pollution of rivers and streams, whereby the water intended by nature for the use of the community may be rendered unwholesome, may be regarded as an offence against the public health. This may be prohibited by action in the county court, and the continuance of the offence prevented by the imposition of pecuniary penalties.