tude for not more than seven or less than three years; or imprisonment, (with or without hard labour and solitary confinement,) not exceeding two years (i). And whosoever shall have in his possesssion more than five pieces of any false foreign coin (without lawful excuse), may be convicted before a justice in the penalty of not more than forty shillings, or less than ten shillings, for every piece of such false coin found in his possession; and in default thereof be committed to the house of correction for three months, or till the fine be paid. And all such base money is forfeited and shall be destroyed by the authorities (k). XIII. Offences in relation to the royal naval or military stores, ships, &c. Such offences in relation to the royal stores, as amount to larceny or embezzlement, are punishable according to the distinctions already explained with regard to those crimes (1). But besides these, there are others of a lighter description, to repress which, various enactments formerly existed, which have been recently consolidated into a single statute. This is the 25 & 26 Vict. c. 64, which, among other provisions, enacts, 1. That any person (other than the admiralty, their contractors, officers or workmen), who shall apply in or on any naval or victualling stores, the broad arrow, or any other royal mark specified in the schedule to that Act,—or shall receive, keep or sell the same, knowing them to be so marked,— shall be guilty of a misdemeanor, and liable to imprisonment for not more than one year, with or without hard labour (m). 2. That any person, who, with intent to conceal her majesty's property in such stores, shall take out or obliterate any such marks,-shall be guilty of felony, and liable to such imprisonment, for not more than two (i) 24 & 25 Vict. c. 99, s. 22. (k) Sect. 23. (1) Vide sup. pp. 213, 214. It may be remarked, that these crimes, when committed by persons subject to the articles of war, are specially provided against in the annual Mutiny Acts, and in the Act for the government of the navy (as to which vide sup. vol. 11. pp. 612, 618). (m) 25 & 26 Vict. c. 64, ss. 5, 7. years (m). And 3. That any person brought before two or more justices at petty sessions, charged with having or conveying any of such stores stolen or unlawfully obtained, or reasonably suspected so to have been, if he does not give a satisfactory account how he came by such stores,shall be deemed guilty of a misdemeanor, and liable on summary conviction to a penalty not exceeding 5l., or to two months' imprisonment, with or without hard labour; and if it appear that he had reasonable cause for believing them to have been stolen or unlawfully obtained, shall be liable to such penalty, or such imprisonment to the extent of three months. It is also provided by 12 Geo. III. c. 24, that to set on fire, burn or destroy any of her majesty's ships of war (n), (whether built, building or repairing,) or any of the arsenals, magazines, dockyards, ropeyards, or victualling offices of the Crown, or materials thereto belonging, or any military, naval or victualling stores or ammunition; or to aid, procure, abet or assist in any of such offences, -is felony, punishable with death. XIV. The offence of serving foreign states, [which service is generally inconsistent with allegiance to one's natural prince,] is now restrained and punishable by the statute 59 Geo. III. c. 69,-generally known by the name of the "Foreign Enlistment Act" (0),-which provides (m) By this Act the following Acts are either in part or wholly repealed, 9 & 10 Will. 3, c. 41; 9 Geo. 1, c. 8; 17 Geo. 2, c. 40; 39 & 40 Geo. 3, c. 89; 54 Geo. 3, c. 60; 54 Geo. 3, c. 159; 55 Geo. 3, c. 127; 56 Geo. 3, c. 80; 4 Geo. 4, c. 53; 2 & 3 Will. 4, c. 40. (n) As to the offence of firing, &c., ships generally, vide sup. pp. 187, 224. (0) As to this Act (which repeals certain enactments on the same subject, passed in the reign of Geo. II.), see Dobree v. Napier, 2 Bing. N. C. 781. By an Act, 3 Jac. 1, c. 4 (repealed by 9 & 10 Vict. c. 59), it was felony for any person whatever to go out of the realm to serve any foreign prince without having first taken the oath of allegiance before his depar ture; and (if a gentleman or person of higher degree, or an officer in the army), without having also previously entered into a bond not to enter into a conspiracy against his natural sovereign. that if any natural-born subject (without licence previously obtained under the royal sign-manual, or signified by order in council or proclamation) shall accept any military commission (p); or enlist as a soldier or a sailor in any foreign service; or shall go to any foreign country with an intent so to enlist; or shall endeavour to procure any other person so to enlist ;—he shall, in any of the above cases, be guilty of a misdemeanor, and may be punished with fine or imprisonment, or both. And that if any person within the united kingdom, or in any dominions of the crown beyond the seas, (without leave of the crown first obtained,) shall fit out or arm any vessel for the service of any foreign state, or shall issue any commission for any such vessel, or shall increase the number of guns or equipment for war of such vessel, or be concerned in augmenting the warlike force of any foreign armed vessel arriving in this country ;-such offender shall also be guilty of a misdemeanor, and may be punished in the same manner. Moreover, any ship having on board such persons, so illegally enlisted, may be prevented from proceeding on her voyage; and the master thereof, if he shall have knowingly received such persons on board, may be fined in the penalty of 501. for every such person respectively. XV. The offences of desertion or seducing to desert, from the army or navy (9). These offences are now provided against by the annual Mutiny Acts, and by the Act for the better government of the Navy (r); by which they are placed under the jurisdiction of courts-martial, and punished with such punishment as those courts shall inflict (s). (p) As to the offence of receiving a pension from a foreign prince, vide post, p. 283. (q) As to seamen or apprentices deserting from the merchant service, see 17 & 18 Vict. c. 104, s. 243. (r) There are also the statutes 18 Hen. 6, c. 19; 5 Eliz. c. 5; and 2 & 3 Edw. 6, c. 2; but these are obsolete; (see Russ. on Crimes, vol. i. p. 93.) (s) Vide sup. vol. 11. pp. 613, 618, n. (h). The offence of a civilian seducing soldiers to desert, is also punishable by 1 Geo. I. c. 47; which enacts, that if any person, not himself enlisted, shall attempt to persuade any soldier to desert or leave the service, he shall forfeit 401., to be recovered in one of the superior courts of law; and may also, at the discretion of the court, be imprisoned for any term not more than six months. And, by 37 Geo. III. c. 70 (s), any person maliciously endeavouring to seduce any person, serving in the Royal forces by sea or land, from their allegiance; or stirring up any such persons to mutiny or to any traitorous or mutinous practice;-is made guilty of felony. Under this Act he was punishable with death; but by the effect of later statutes, he is now liable, if convicted under its provisions, to penal servitude for life, or any term not less than three years; or to be imprisoned, with or without hard labour or solitary confinement, for any term not more than two years (t). XVI. It may be also said to be an offence against the royal title and government, to refuse or neglect to take the oath which has been recently substituted for the oaths of allegiance, supremacy, and abjuration, within such period as the law requires after admission to any office. But of this we had occasion to speak in a former part of the work; and it will be therefore unnecessary to resume the subject (u). XVII. Another offence against the government, is that of administering unlawful oaths; or being engaged in illegal societies. It is enacted by 37 Geo. III. c. 123, that whoever shall administer or cause to be administered, or shall be present at and consenting to the administering of,-or shall him(s) Made perpetual by 57 Geo. 3, c. 7. (t) 7 Will. 4 & 1 Vict. c. 91; 9 & 10 Vict. c. 24; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (u) Vide sup. vol. II. p. 643; and vol. III. p. 57. self take,-any oath or engagement intended to bind any person in any mutinous or seditious purpose; or to belong to any seditious society or confederacy; or to obey any committee, or any person not having legal authority for that purpose; or not to give evidence against any confederate or other person; or not to discover any unlawful combination, or any illegal act, or any illegal oath or engagement,―shall be guilty of felony; and he may be sentenced to penal servitude for not more than seven or less than three years (v). And further, that compulsion shall be no excuse, unless the party, within four days after he has an opportunity, shall disclose the whole of the case to a justice of the peace; or, if the party compelled be a soldier or seaman, to his commanding officer. Moreover, by 39 Geo. III. c. 79; 52 Geo. III. c. 104; 57 Geo. III. c. 19; and 2 & 3 Vict. c. 12;-all societies of which the members shall take such oaths or engagements as are prohibited by 37 Geo. III. c. 123, or for the commission of treason, murder, or capital felony, or any oath or engagement not required by law; all societies of which the members shall subscribe any unauthorized test or declaration; and all societies which shall comprise members the names whereof shall be unknown to the society at large, or which shall consist of different branches, which shall elect committees or delegates to communicate with other societies,-are to be deemed unlawful combinations and persons becoming members thereof, or or aiding, abetting, or supporting the same, may be either proceeded against in a summary way before one justice or more, who may fine 20l., or imprison for three calendar months (x); or they may be prosecuted by indictment, and sentenced to penal servitude for not more than seven (v) 37 Geo. 3, c. 123, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3. (r) By 51 Geo. 3, c. 65, s. 2, the 20%. fine may be mitigated to any sum not less than 57. As to pro ceedings under these Acts, (which must be in the name of the Crown, by the attorney or solicitor general,) see 2 & 3 Vict. c. 12; 9 & 10 Vict. c. 33. |