guilty receiver may also be summarily convicted, and is liable for every first, second, or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property, is by the Act made liable (b).

II. Malicious mischief is the next species [of injury to private property, which the law considers as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss; which is some, though a weak excuse; but either out of a spirit of wanton cruelty, or of black and diabolical revenge; in which it bears a near relation to the crime of arson: for as that affects the habitation, so this does the other property of individuals. And therefore any damage arising from this mischievous disposition, though only a trespass at common law, is now,] by a multitude of enactments (recently consolidated into a single statute) made highly penal.

The Act here referred to is in substitution of a prior Act passed with a similar object (the 7 & 8 Geo. IV. c. 30); and is the 24 & 25 Vict. c. 97, entitled "An Act to consolidate and amend the statute law relating to malicious injuries to property" (c). And as to such injuries we may premise in general, that though malice is the usual motive for this class of crimes, yet the statute contains an express enactment that its provisions shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed or otherwise (d).

(b) 24 & 25 Vict. c. 96, s. 98. As to guilty receivers in the case of anchors, &c., see 1 & 2 Geo. 4, c. 76, s. 10; 9 & 10 Vict. c. 99, s. 29. In order, as far as possible, to prevent this crime in reference to articles affording peculiar temptations, dealers in old metals are placed under regu

lations by 24 & 25 Vict. c. 110, and in marine stores by 17 & 18 Vict. c. 104, s. 480.

(c) The numerous statutes cited by Blackstone in reference to malicious injuries to property, are all repealed by 7 & 8 Geo. 4, c. 27. (d) 24 & 25 Vict. c. 97, s. 58.

Some of the provisions of this Act are noticed in other parts of the work, and they are too numerous for complete enumeration. It may be mentioned, however, that it makes provision against malicious injuries to silk, woollen, linen, cotton, hair, mohair, or alpaca goods in the process of manufacture, or to the machines employed therein (e); to machines used in other manufactures (ƒ); to hopbinds (g); to dwelling-houses and other buildings (h); to trees and shrubs adjoining dwelling-houses (i); or elsewhere (j); to garden produce (k); to vegetable productions growing elsewhere (); to fences (m); to mines (n), and mining engines (0); to sea banks and walls (p); to navigable rivers and canals (q); to ponds (r); to bridges and viaducts (s); to turnpike gates (t); to railway and railway carriages or engines (u); to electric or magnetic telegraphs (v); to

(e) 24 & 25 Vict. c. 97, s. 14. Felony, extreme of penal servitude, life. Where the prisoner is convicted on indictment for either a felony or a misdemeanor under this Act, and the punishment inflicted is by way of imprisonment, it may be to the extent of two years, with or without hard labour and solitary confinement, and, if a male under sixteen, whipping.

(f) Sect. 15, felony, seven years. (g) Sect. 19, felony, fourteen years. (h) Sects. 9, 10. If by explosion of gunpowder or other explosive substance in a dwelling-house, and the life of any person be endangered, felony, life; if by placing such explosive substance in any building, with intent to destroy it, felony, fourteen years. By sect. 13, any tenant of a building unlawfully and maliciously pulling it or any part of it down in severing fixtures, is guilty of a misdemeanor.

(i) Sect. 20, (if injury done exceed 17.,) felony, three years.

(j) Sect. 21, (if injury done ex

ceed 51.,) felony, three years. [If, however, the injury to the tree, &c., wherever growing, do not amount to 1s., then a first offence is only punishable by way of summary conviction. Sect. 22.]

(k) Sect. 23, first offence, summary conviction; second offence, felony, extreme of penal servitude, three years.

(1) Sect. 24, summary conviction.
(m) Sect. 25, summary conviction.
(n) Sect. 28, felony, seven years.
(o) Sect. 29, felony, seven years.
(p) Sect. 30, felony, life.
(9) Sect. 31, felony, seven years.
(r) Sect. 32, felony, seven years.
(s) Sect. 33, felony, life.

(t) Sect. 34, misdemeanor, fine and imprisonment as at common law.

(u) Sect. 35, felony, life. And see sect. 36, as to misdemeanor, by obstructing engines, &c., by any unlawful act, or wilful omission or neglect.

(v) Sects. 37, 38, misdemeanor, imprisonment.

works of art in public places (x); to cattle (y); to other animals (z); to ships and vessels (a); to buoys and seamarks (b); and to wrecks (c). And all of these injuries are made, according to their several degrees of mischief or malignity, either felonies or misdemeanors, or else offences such as may be disposed of, by way of summary conviction, before a justice of the peace (d). The Act also contains a general provision, that whosoever shall unlawfully and maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which it provides no other punishment, shall be guilty of a misdemeanor, (provided the injury shall exceed the value of 51.,) and be liable to imprisonment (with or without hard labour) to the extent of two years; and if the offence be committed by night, may be sentenced either to such imprisonment or to penal servitude to the extent of five years (e). And another, that such offenders as last mentioned, in cases where the damage does not exceed the value of 5l., may be summarily convicted before a justice of the peace, and may either be committed to prison (with or without hard labour) to the extent of two months, or else shall forfeit such sum of money (not exceeding five pounds) as shall appear to the said justice a reasonable compensation for the damage committed: which sum, in the case of private property, shall be paid to the party aggrieved; but, when property of a public nature or a public right is concerned, shall be paid over to the treasurer of the county, borough or place for which the convicting justice acts (ƒ). There is, however, a proviso that nothing in either of these provisions shall extend to any case where a party trespassing, acted under a fair

(x) 24 & 25 Vict. c. 97, s. 39, misdemeanor, imprisonment.

(y) Sect. 40, felony, fourteen years. (z) Sect. 41, summary conviction. (a) Sects. 42-47, felony, life, fourteen or seven years, according to the nature of the injury.

(b) Sect. 48, felony, seven years. (c) Sect. 49, felony, fourteen years. (d) Vide post, chapter on Summary Convictions. (e) Sect. 51.

(f) See 11 & 12 Vict. c. 43, s. 31.

and reasonable supposition that he had a right to do the act complained of; nor to any trespass, (not being wilful or malicious,) committed in hunting, fishing, or the pursuit of game (g).

III. [Forgery (or the crimen falsi) is an offence which was punished by the civil law with deportation or banishment, and sometimes with death (h). It may with us be defined, at common law, to be the fraudulent making or alteration of a writing,] or seal, [to the prejudice of another man's right;] or of a stamp, to the prejudice of the revenue (i). In reference to this crime, as regards writings, it has been decided, that the instrument forged must so far resemble the true instrument as to be capable of deceiving persons who use ordinary observation (j): that any material alteration, (however slight,) is a forgery, as well as an entire fabrication (k): that the fraudulent application of a false signature to a true instrument, or a real signature to a false one, are consequently both forgeries (1): and that even if the name forged be merely a fictitious one, it is as much forgery, if done for the purpose of fraud, as if the name were that of a real person (m). It may also be remarked, that by 9 Geo. IV. c. 32, it was provided-even before the change of law, by which interested parties were made competent witnesses in criminal as well as civil inquiries (n),-that the party whose name is forged might be called as a witness to prove that the writing is not his. But on the other hand, it is an established rule, that the proof of forgery by a mere comparison of handwriting is not

(g) 24 & 25 Vict. c. 97, s. 52.

See also sect. 53.

(h) 4 Inst. 18, 7.

(i) 2 East, P. C., c. xix. s. 60. (j) R. v. Collicott, R. & R. C. C. R. 212; S. C. 229.

(k) 2 East, P. C. c. xix. s. 4.

(1) 3 Chit. Crim. Law, 1038, cites 1 Hale, P. C. 683; et vide East, VOL. IV.

admissible (o). At common

P. C. ubi sup.

(m) R. v. Bontien, R. & R. C. C. R. 260.

(n) This was by 6 & 7 Vict. c. 85. Vide sup. vol. 111. p. 634.

(0) Doe v. Suckermore, 5 A. & E. 703. See Taylor on Evidence, p. 1428, n. (5), 2nd edit.

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law, this offence was a misdemeanor only; but when, in the progress of society, the perpetration of it became more easy, and its tendencies more dangerous, it became necessary to assign to it a more penal character, as regards those instruments which most required protection.

A recent statute (24 & 25 Vict. c. 98) has consolidated and amended "the statute law relating to indictable offences by Forgery (p);" and, among other enactments, it provides against the felonious offence of forging the Great Seal of the United Kingdom, the Privy Seal or any Privy Signet, the Sign-manual, the Seals of Scotland, or the Great Seal and Privy Seal of Ireland (g). It also makes it a felony to forge any stamp, exchequer bill, bank of England or other note, bill of exchange, promissory note, deed, receipt (r), order for the payment of money (s), transfer of stock or will,-or any records or proceedings of courts, court rolls, registers of deeds, registers of births, marriages and deaths, marriage licences,—and a variety of other documents, comprising all that are in the most ordinary use in the transactions of mankind. It attaches also the same felonious character, to the offence even of having in possession, without lawful excuse, (such excuse to be proved by the party accused,) any forged bank-note or the like, knowing it to be forged (t); or of having in pos

(p) This Act is in substitution of a previous statute, which amended the laws relating to forgery in force at its date. This was the 11 Geo. 4 & 1 Will. 4, c. 66, which, so far as it relates to our present subject, is repealed by 24 & 25 Vict. c. 95. There are also a variety of earlier statutes, containing provisions against forgery in particular cases, and especially with regard to records and process of courts, the public funds and stocks, the securities of public companies, and official documents. As to these, (many of which appear to be practically superseded by the recent Act,) we must refer the

reader to the treatises on criminal law.

(g) 24 & 25 Vict. c. 98, s. 1. Antecedently to this Act, the offence of counterfeiting the Great Seal, &c. amounted to treason. This was formerly punishable with death; though (under 11 Geo. 4 & 1 Will. 4, c. 66) it was not a capital offence, but punishable with transportation for life.

(r) See Clark v. Newsam, 1 Exch.

131.

(s) See Queen v. Dawson, 20 L. J. (M. C.) 102.

(t) 24 & 25 Vict. c. 98, s. 13, fourteen years.