COURTS OF BANKRUPTCY.

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dealing), when, if free, he might be earning money to pay his liabilities.

When the bankrupt has conformed to the law by making a perfect disclosure of his affairs, if his conduct has not been grossly culpable, he obtains an order of discharge, which frees him from all personal liability as to his former debts, unless the court annexes to such discharge conditions requiring him to set apart a portion of his future earnings for the benefit of his creditors. The judges in Bankruptcy are called Commissioners, and rank with those of the superior courts. Three of them hold sittings in London, and in several large provincial towns there is a local court of bankruptcy, and one or two commissioners. An appeal from their courts lies to the Lords Justices, and from them to the House of Lords.

LETTER XVI.

OF CRIMES AND OFFENCES.

Definition of Crimes-Treasons-Felonies-Misdemeanours-Punishments-Costs of Prosecutions-Accessaries and Accomplices-Nuisances-Common Law Offences.

BEFORE I enumerate to you the courts of criminal law and describe their procedure, I will briefly state over what sort of cases they have jurisdiction.

Crimes and offences are acts done, or omitted, in violation of some public law. It is the duty of the head of a State to prevent their commission as far as possible, and to inflict suitable punishment upon those who are proved to have taken part in them; not from a feeling of revenge against the evil-doers, but to make of them examples to deter others from similarly offending.

Offences against the criminal law are divided under three heads treasons, felonies, and misdemeanours. The two latter together represent again two divisions of offences-1st, those acts evil in themselves (mala in se), forbidden from the first by the revealed law of God, such as murder, theft, and other crimes; and 2nd, those which the spread of civilization has required mankind to provide against (mala prohibita), such as coining false money, frauds on the revenue, tampering with signals on railways, &c.

The principal crimes known to the laws, into which it is fit that we should inquire, are as follow:

High Treason. This crime now comprises the "compassing, contriving, inventing, or intending death or destruction, or any bodily harm tending to death or destruction; or wounding, imprisonment, or restraint of the heirs and successors of his Majesty King George the Third;" in "levying war against the Sovereign within the realm," and in "adhering to her enemies, giving them aid or comfort in the realm or elsewhere." All the other offences made high treason by ancient statutes, such

as imitating the Royal Sign Manual or the Great Seal, coining false money, &c., now rank as felonies, punishable by imprisonment and penal servitude.

The punishment for high treason is death; the law enacts that the person convicted "shall be drawn on a hurdle to the place of execution, and be then hanged by the neck until such person be dead, and that afterwards the head shall be severed from the body of such person, and the body divided into four quarters, shall be disposed of as his Majesty King George the Third and his successors shall think fit." The Sovereign, “by warrant under the sign manual countersigned by a secretary of state, may direct that the offender shall not be drawn, but shall be taken in such a manner as in the warrant shall be expressed, to the place of execution, and that he shall not be there hanged by the neck, but that instead thereof the head shall be there severed from the body whilst alive, and in such warrant direction may be given as to, and in what manner the body, head, and quarters shall be disposed of." Barbarous and disgusting as these details appear, the ancient punishment for high treason was more revolting still.

Murder is the taking away of the life of a fellow-creature intentionally, and with malice. The punishment for murder is death by hanging.

Manslaughter is the taking away of the life of a fellowcreature unintentionally, by accident, or in sudden anger, without malice. Slaying a person in self-defence is not a crime. As the offence of manslaughter ranges from something very nearly akin to murder, down to mere mischance, to which hardly any blame attaches, so the punishment for it varies from penal servitude for life, down to a nominal imprisonment, according to the circumstances of the case.

Attempting to murder by shooting, poisoning, stabbing, &c. These crimes were formerly capital, that is, they were punishable with death; but under the Criminal Statutes Consolidation Acts of 1861, the punishment was reduced to penal servitude, which may, however, extend to the period of the culprit's natural life.

Stabbing, shooting, or throwing explosive or corrosive substances upon any person, with intent to disable, maim, or disfigure, or do some grievous bodily harm. Punishment-penal servitude, or imprisonment with hard labour.

Robbery-Stealing from the person with violence, or threats

K

of violence. It is punishable by penal servitude or imprison

ment.

Burglary-Breaking into a dwelling-house between the hours of nine at night and six in the morning, with intent to steal therein; or (having committed a felony, or being in a house with the intention of committing one) breaking out of it between the same hours. It is not necessary that the premises should be actually damaged to constitute this offence. Opening a door or a window that has been closed, is a constructive "breaking" in the eyes of the law. Punishmentpenal servitude or imprisonment with hard labour.

Housebreaking-The same offence committed in the daytime. Punishment-penal servitude, or imprisonment with hard labour.

Forgery-Making false bank notes, cheques, signatures, wills, &c., or altering part of a genuine instrument with intent to defraud. Punishment as above.

Uttering the above—that is, attempting to pass them off as genuine, knowing them to be false and counterfeit. Punishment as above.

Bigamy Marrying again in the lifetime of a wife or husband. Punishment as above.

Piracy-Seizing, and stealing from ships at sea; punishabie by penal servitude and imprisonment with hard labour.

Arson-Setting fire to houses, buildings, stacks, ships, &c. Punishment-imprisonment with hard labour, or penal servitude. If a person or persons be in the house at the time it is set on fire, the incendiary may be sentenced to penal servitude for life.

Coining-Making false money. Punishment-penal servitude or imprisonment with hard labour.

Larceny-Stealing. When committed by clerks or servants, or from a dwelling-house to the value of 5l., and in some other cases, penal servitude may be awarded; but unless a previous conviction for another felony be proved against the thief, imprisonment with hard labour is the usual punishment.

Receiving stolen goods, knowing them to have been stolen. Punishment as above.

Embezzlement-The wrongful appropriation by clerks and servants of money or property received by them, by virtue of their employment as such for their master. Punishment

penal servitude, or imprisonment with hard labour.

Rioting-Rioters are punishable by imprisonment with hard

labour; or with penal servitude, if they remain together after being called upon by a magistrate to disperse.

Escaping from prison. Imprisonment or penal servitude, according to the offence for which the prisoner was in confine

ment.

Returning from transportation. Same punishment.

Assisting a prisoner to escape, with many other offences, are felonies. The following are misdemeanours :

Perjury-Taking a false oath. Punishment-penal servitude, or imprisonment with hard labour.

Cheating-Obtaining money or goods by false pretences, or fraud. Punishment-penal servitude, or imprisonment with hard labour.

Assaults-Unlawful attacks upon the person, without the intents before mentioned. Punishment fine, or imprisonment with or without hard labour.

Conspiracy-Two or more persons combining together for an unlawful purpose, or to carry out a lawful one by unlawful means. Punishment-fine, or imprisonment with or without

hard labour.

Uttering, or passing base or false coin. Punishment-imprisonment with hard labour; after previous conviction, penal servitude.

Publishing libels against individuals, or blasphemous or seditious statements against religion or government. Punishment -fine or imprisonment, or both.

Poaching-Trespassing in pursuit, and destruction of game; punishable, according to the time and manner in which it is committed, and the number of persons engaged together, by penal servitude, or imprisonment with hard labour.

Gambling-Using false scales and weights-SmugglingSending threatening letters, &c. &c.—are misdemeanours punishable variously, by fine, imprisonment, and penal servitude. Finally, all attempts to commit felonies are misdemeanours. The amount of punishment to be awarded is within certain limits, which I need not lay down, in the discretion of the judge. Not more than two years' imprisonment can generally be given, but penal servitude for life, or any lesser term, can be awarded for serious offences. The punishment of transportation is now abolished, as our colonies are no longer willing to receive convicts, but criminals sentenced to penal servitude may be sent abroad wherever her Majesty, through her Secretary of State, may direct.