be deemed to be in the county in which the other part of such hundred is situate.

XI. CRIMINAL EXPENSES, REWARDS, AND COMPENSATIONS. Formerly, the judges had only power to allow the expenses of prosecutors in cases of felony; while those who prosecuted for misdemeanours, in which they often sustained equal hardship, and conferred equal benefit on the community, had to bear their own charges. This inconsistency was removed by the 7 G. 4, c. 64. The act is amended by 14 & 15 V. c. 55, and expenses in cases of misdemeanour examined before a magistrate allowed. Payment of costs and expenses, and compensation for loss of time, may be allowed by the court in the cases of the following misdemeanours : namely, unlawfully and carnally knowing any girl above the age of ten years and under the age of twelve years; unlawfully taking or causing to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; conspiring to charge any person with any felony, or to indict any person of any felony; conspiring to commit any felony. Payment of costs and compensation for trouble are to be made to the complainant and witnesses in cases of common assault in which the magistrates shall consider the matter a fit subject for indictment, and shall bind over the complainant and prosecutor to give evidence at the sessions. By s. 4, the power of the quarter sessions to make regulations as to the payment of costs and expenses of prosecutors and witnesses, and also to persons apprehending offenders, is taken away, and by ss. 5 & 6, the same is given to the secretary of state; the examining magistrates are to grant certificates in conformity to the regulations so made, but the certificate is not to be absolutely conclusive, as the compensation may be reduced. This act, however, is not to interfere with payments in respect of extraordinary courage, diligence, or exertion displayed in the apprehension of offenders; and the powers given to judges by the 7 G. 4, to order payments in respect of the apprehension of murderers and other criminals therein mentioned is extended to courts of sessions of the peace.

The power of examining magistrates in cases of felony and misdemeanours to grant certificates of expenses to witnesses, was extended by 29 & 30 V. c. 52, such certificates to be forwarded to the clerks of the peace to be laid before the court of quarter sessions, which may allow the whole or partial amount, and make orders for payment. And by s. 2 of 30 & 31 V. c. 35, on the acquittal of any indicted person who has not been committed or held to bail, the court, before which the indictment is tried, may order the prosecutor to pay costs to the accused, if it think the prosecution unreasonable.

By a legal anomaly, no action was maintainable against a person who, by wrongful act or negligence, caused death, though the offender was liable if the sufferer was only hurt; but this defect is supplied by Lord Campbell's Act, the 9 & 10 V. c. 93, which provides, "that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony." The action to be for the benefit of the wife, husband, parent, or child of the person whose death has been so caused, and may be brought by the executor or administrator of the deceased. Only one action will lie, and must be commenced within twelve months after the death. The act extends to the United Kingdom, except Scotland, and was amended by 27 & 28 V. c. 95. The action was to be brought for the benefit of the wife, husband, parent, and child by the executor or administrator of the person deceased. But by reason of default or inability of any person to bring an action and to obtain probate of will, or of neglect so to do, no action could be brought nor compensation obtained by the parties interested therein. This deficiency is supplied by the act of 1864, providing that if no action is brought within six months by executor of person killed, such action may be brought by persons beneficially interested in result of the action. Damages may be paid into court in one sum by defendant, without regard to its division into shares.

XII. INTERNATIONAL CONVENTIONS ON OFFENDERS.

Conventions were concluded between France and the United States and England in the year 1843, for the mutual apprehension and extradition of persons guilty of specified offences, and these conventions have been legalized and effect given to them by 6 & 7 V. c. 75, and c. 76. In case of a French offender seeking refuge in this country, on requisition of the French ambassador, warrant may be issued for his apprehension; and any justice before whom he may be brought is authorized to commit him to gaol until delivered up pursuant to such requisition. The secretary of state may then order the person committed to be delivered up to the person authorized to receive him. But no justice is to issue a warrant for the apprehension of any such offender unless the party applying is the bearer of a warrant, issued by a judge or competent authority in France, authenticated in such a manner as

would justify the arrest of the supposed offender in France upon the same charge.

Proceedings are similar in respect of American offenders, but the description of offences is different: with France the convention applies to murder, attempt to murder, and fraudulent bankruptcy; but with the United States the convention does not include fraudulent bankruptcy, but in addition to murder, and attempt to murder, includes piracy, arson, and robbery.

As respects jurisdiction in regard to offences committed at sea on board American vessels, if at the time the vessels were three leagues from the English shore, the offenders must, under the Extradition Act (Washington Treaty, 10th article), be given up to the American authorities in London, the case being first heard at the Bow Street police-office.

The 25 & 26 V. c. 70, gives effect to a convention with Denmark, for the mutual surrender of criminals convicted of murder, or attempt to murder, forgery of bank-notes, of public securities, or of fraudulent bankruptcy. Surrenders to be made on the requisition of an ambassador or on proof before a magistrate of the offence charged.

These acts, however, have been superseded by 33 & 34 V. c. 52 (the Extradition Act, 1870), which confers on her Majesty a general power of making arrangements with foreign states, with respect to the surrender to such state of any fugitive criminals charged with certain crimes, and provides that existing extradition conventions should be carried out under the act. The crimes to which the act applies are -murder and attempt and conspiracy to murder; manslaughter; counterfeiting and altering money, and uttering counterfeit or altered money; forgery, counterfeiting, and altering and uttering what is forged or counterfeited or altered; embezzlement and larceny; obtaining money or goods by false pretences; crimes by bankrupts against bankruptcy law; fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company made criminal by any act for the time being in force; rape; abduction; child-stealing; burglary and housebreaking; arson; robbery with violence; threats by letter, or otherwise, with intent to extort; piracy by law of nations; sinking or destroying a vessel at sea, or attempting or conspiring to do so; assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm; revolt, or conspiracy to revolt, by two or more persons on board on the high seas against the authority of the master.

This act was amended and explained in 1873 by 36 & 37 V. c. 60. By s. 3, accessories are made liable to be surrendered. By s. 5, the secretary of state is empowered, by order under his hand and seal, to require a magistrate to take evidence for the purposes of any criminal matter pending in any foreign court or tribunal. Any person can be compelled to give evidence in such a

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case upon being tendered his expenses in the usual way, and also can be compelled to produce documents, and, if he gives false evidence, is considered to be guilty of perjury. Nothing in this section applies to a criminal matter of a political character. The following list of crimes is added to the list given in 34 & 35 V. c. 52. Kidnapping and false imprisonment, and also any indictable offence under the Larceny Act, 1861, or under 24 & 25 V. cc. 97, 98, 99, and 100, or any act amending or substituted for the same, and any indictable offence, under the bankruptcy laws for the time being in force, which is not included in 34 & 35 V. c. 52. By 6 & 7 V. c. 34, offenders charged with any offence amounting to treason or felony, escaping from the colonies into the United Kingdom, or from the United Kingdom to any of our colonies, and against whom warrants have been issued, may be apprehended by the proper officers, after the warrant has been endorsed, in Great Britain by one of the secretaries of state, in Ireland by the chief secretary, and in the colonies by one of the judges of the superior law courts. But any person committed under this act, who shall not be sent by the readiest way to the place where the offence is alleged to have been committed, within two calendar months, may apply to the judge for his discharge, which is to be granted unless sufficient cause be shown for the contrary; and if not indicted within six months after his arrival in that part of her Majesty's dominions in which he is charged to have committed the offence, or if upon trial he is acquitted, he is, if he so desire, to be sent back to the place where he was apprehended, free of cost, and with as little delay as possible. By 16 & 17 V. c. 118, the last mentioned act (6 & 7 V. c. 34) is extended so as to apply to all felonies.

CHAPTER I.

Offences against Religion and Public Morals.

THE several offences, either directly or by consequence, injurious to society, and punishable by the laws of England, may be distributed under the following heads-First, those which are more immediately hurtful to religion and public morals; secondly, such as violate the laws of nations; thirdly, such as especially affect the sovereign, or the order, security, and government of the State; fourthly, such as directly endanger the public interests and prosperity, as offences against public justice, trade, health, and police; and, lastly, those laws which derogate from the safety, rights, and enjoyments of individuals, and in the preservation and vindication of which the community is interested. The laws against apostacy, heresy, reviling the church ordinances, and Jesuits and

religious societies are now practically obsolete. This chapter will deal with offences against religion and morality.

I. SIMONY.

This offence, which is the sale of spiritual preferment, consists in the corrupt presentation to an ecclesiastical benefice for reward, gift, profit, or benefit. This is not an offence punishable, in a criminal way, at common law; but, by 31 Eliz. c. 6, it is provided, if any patron, for money, or other profitable consideration, or promise, present to any ecclesiastical benefice or dignity, both the giver and taker forfeit two years' value of the benefice or dignity; one moiety to the queen, and the other to the person who sues for the same. Corrupt elections and resignations in colleges, hospitals, and other eleemosynary corporations, are punishable with forfeiture of double the value, vacating the place or office, and the lapse of the right of election, for that turn, to the crown.

Though to purchase a presentation, the living being actually vacant, is undoubtedly simony, Lord Hardwicke held, that the sale of an advowson, during a vacancy, is not within the statute; and it has been decided, though with difference of opinion, that a bond to resign a school or freehold office, at the request of the patron, is valid. In the case of Fletcher v. Lord Sondes, on an appeal to the House of Lords, it was decided, after elaborate argument, that a bond entered into by a parson, to resign a living, in order that a particular person may, at a future period, be presented, is simoniacal and illegal. But the 9 Geo. 4, c. 94, renders valid engagements for the resignation of ecclesiastical preferments in favour of one of two persons to be specially named, being, either by blood or marriage, uncles, sons, grandsons, brothers, nephews, or grandnephews of the patron (not being a mere trustee) or of the cestuis que trusts of the patron, or of any married woman whose husband shall be patron in her right. The bond must, however, be entered into before the presentatation (s. 1), and will not be valid unless one part thereof shall within two calendar months next after the date thereof be deposited in the registry of the diocese (s. 4). The resignation in pursuance of the bond will be void unless one of the persons named therein is presented within six calendar months after notice to the patron of the resignation.

II. DEFAMATION AND BRAWLING.

The 23 & 24 V. c. 32, abolishes the jurisdiction of Ecclesiastical Courts in England and Ireland, in suits against any person not in holy orders for defamation and brawling. After passing of the act (July 3, 1860), persons in custody for such offences to be dis