OF VARIOUS OFFENCES, AND BRANCHES OF

THE LAW

THE Summary Jurisdiction (Ireland) Act, 14 & 15 Vict. c. 92, is given in full in the Appendix of Statutes. It was passed in the same year as the Petty Sessions Act, and is very clear-cut and definite in all its provisions. It deals, of course, with the matters which magistrates have usually to adjudicate on.

There are, however, other offences, and other branches of the law which, though not requiring special treatment in themselves, yet may usefully be brought under the notice of magistrates.

Some of these offences are in law felonies and misdemeanours; and in such cases the duties of magistrates consist in having the depositions properly taken, as pointed out in a previous part of this book.

Some, again, may be matters for summary jurisdiction; and these will be carefully pointed out when they arise.

And lastly, there are certain branches of law which may come before magistrates, and on which it may be useful to have information at hand.

ACCESSORIES.

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In high treason there are no accessories, but all are principals; and in misdemeanours all persons concerned therein, if guilty at all, are principals. In murder and in felonies in general there may be accessories, except only in those offences which, by judgment of law, are sudden and unpremeditated, such as manslaughter and the like. There are, however, cases of manslaughter in which there may be accessories before the fact see R. v. Gaylor (1 D. & B. 288). An accessory to a felony is a felon. Accessories are either " before the fact " or " after the fact.' An "accessory before the fact is defined to be he who, being absent at the time the felony was committed, does yet procure, counsel, command, or abet another to commit it. An accessory after the fact is defined to be he who, knowing the felony to have been committed by another, relieves, comforts, or assists the felon. See 14 & 15 Vict. c. 93, s. 22 (infra, App. of Statutes, p. 424), for summary jurisdiction of justices of the peace in offence of aiding, abetting, counselling, or procuring (a).

(a) One offence may be properly described in a conviction or warrant by the words "aid, abet, counsel, and procure," although the word "procuring may relate to something different from

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"aiding": per Channell, B., in re Smith (3 H. & N. 237). As to the sufficiency of the statement of the offence in a warrant of commitment, see in re Smith, supra.

See as to accessories and abettors generally, 24 & 25 Vict. c. 94, being an Act to consolidate the statute law of England and Ireland relating to accessories, and to abettors of indictable offences. See AIDING AND ABETTING, infra.

ADULTERATION.

See chapter on FOOD AND DRUGS.

ADVERTISEMENTS.

Advertisements of an indecent or obscene nature. Affixing to or inscribing on any house, building, wall, &c., or delivering or attempting to deliver or exhibiting to any inhabitant or person being in or passing along any street, &c., or throwing down the area of any house, or exhibiting to public view in the window of any house or shop any picture or printed or written matter of an indecent or obscene nature: 52 & 53 Vict. c. 18, s. 3, infra, p. 898. Summary jurisdiction.-Penalty not exceeding 40s., or, in the discretion of the Court, imprisonment not exceeding one month, with or without hard labour. Giving or delivering any such pictures or printed or written matter mentioned in section 3 with intent that the same, or some one or more thereof, should be offered, inscribed, delivered, or exhibited, as in section 3 mentioned: id. s. 4, infra, p. 898. Summary jurisdiction.-Penalty not exceeding £5, or, in the discretion of the Court, imprisonment not exceeding three months, with or without hard labour. Certain advertisements declared indecent : id. s. 5. Constable may arrest on view any person he finds committing any offence against this Act: id. s. 6.

AIDING AND ABETTING.

An abettor is one who aids in the commission of an offence. All those who are present aiding and abetting when a felony is committed are principals in the second degree. In order to render a person a principal in the second degree he must be present aiding and abetting at the commission of the felony, or ready to afford assistance if necessary. His presence need not be an actual immediate presence, such as would make him an eye or ear witness of what occurs, but it may be a constructive presence. Where several persons set out together, or in small parties, upon one common design, be it murder or other felony, or for any other purpose unlawful in itself, and each takes the part assigned him, some to commit the act, others to watch at proper distances and stations to prevent a surprise, or to favour, if need be, the escape of those who are more immediately engaged, they are all, provided the act be committed, in the eye of the law present at it, for it was a common cause with them; each man operated in his station at one and the same instant towards the same common end, and the part each man took tended to give countenance, encouragement, and protection to the whole gang, and to ensure the success of their common enterprise. Every one who aids, abets, counsels, or procures the commission of any misdemeanour, is liable to be tried, indicted, and punished as a principal offender. Persons whose age in the opinion of the justices does not exceed fourteen years, aiding or abetting the commission of simple larceny: 14 & 15 Vict. c. 92, s. 6, infra, p. 453. Summary jurisdiction.—

Penalty not exceeding £3, or imprisonment not exceeding three months; or if a male, and the justices see fit, whipping instead of or in addition to such imprisonment. Persons aiding, abetting, counselling, or procuring the commission of any offence punishable on summary conviction: 14 & 15 Vict. c. 93, s. 22, infra, p. 424. Summary conviction.Penalty, the same forfeiture and punishment to which the principal offender is by law liable, except where the age of such aider or abettor shall exceed fourteen years, in which case he shall be liable to the same forfeiture and punishment to which any principal offender whose age exceeds fourteen years is liable. Persons aiding, abetting, counselling, or procuring the commission of any offence which is by the Larceny Act, 1861, made punishable on summary conviction: 24 & 25 Vict. c. 96, s. 99, infra, p. 806. Summary jurisdiction.-Penalty, the same forfeiture and punishment to which a principal offender is by the Act made liable. Persons aiding, abetting, counselling, or procuring the commission of any offence which is by the Malicious Injuries Act, 1861, made punishable on summary conviction: 24 & 25 Vict. c. 97, s. 63, infra, p. 816. Summary jurisdiction.-Penalty, the same forfeiture and punishment to which a principal offender is by the Act made liable.

ANCIENT MONUMENTS.

By the Ancient Monuments Protection Act, 1882 (45 & 46 Vict. c. 73), s. 6, any person injuring or defacing any ancient monument to which the Act applies, and which are mentioned in the schedule to the Act, is liable to a penalty not exceeding £5, and to pay such sum as the justices may think just, for the purpose of repairing any damage caused by the offender, or to imprisonment, with or without hard labour, not exceeding one month.

ARMY BILLETS.

Liability to provide (44 & 45 Vict. c. 58, s. 104) accommodation and payment id. s. 106; regulations as to grant of billets: id. s. 108; offences in relation to billeting by constables: id. s. 109; by persons subject to billet: id. s. 110; by officers or soldiers id. s. 111.

ARMY DESERTERS.

Apprehension of deserters: see the Army Act, 1881 (44 & 45 Vict. c. 58), s. 154; pretending to be a deserter: id. s. 152; inducing or assisting soldiers to desert or concealing deserters, id. s. 153.

ARMY ENLISTMENT.

Unlawfully recruiting: 44 & 45 Vict. c. 58, s. 98. Summary jurisdiction.-Penalty, not exceeding £20; recruit making false answer to any question contained in attestation paper: id. s. 99. Summary jurisdiction.-Penalty, imprisonment with or without hard labour not exceeding three months.

ARMY REGIMENTAL NECESSARIES, EQUIPMENTS, &c. Purchasing, taking in pawn, &c., from soldiers, arms, ammunition, clothing, military decorations, stores, &c.: 44 & 45 Vict. c. 58, s. 156.

Summary jurisdiction.-Penalty for the first offence, not exceeding £20, together with treble the value of any property of which the offender has become possessed by means of his offence; and in the case of a second offence, not less than £5, and not exceeding £20, together with treble the value of any property of which the offender has become possessed by means of his offence, or imprisonment with or without hard. labour not exceeding six months.

ARTIFICER, WORKMAN, &c.

An artificer, workman, journeyman, apprentice, servant, or other person, who shall unlawfully dispose of or retain in his possession without the consent of the person by whom he is hired, retained, or employed, any goods, wares, works, or materials, committed to his care or charge, the value of such goods, &c., not exceeding £5: 25 & 26 Vict. c. 50, s. 7, infra, p. 481. Summary jurisdiction.-Penalty not exceeding £2, or imprisonment not exceeding one month.

ARTISANS' AND LABOURERS' DWELLINGS.

By 31 & 32 Vict. c. 130 (an Act to provide better dwellings for artisans and labourers), s. 36, if the occupier or owner of premises prevents the execution of the Act, a justice may make an order in writing requiring them to permit all things requisite to be done, and on failure of compliance within ten days-penalty not exceeding £20 for each day. Summary jurisdiction, section 38.

ASSAULTS ON POLICE.

By 34 & 35 Vict. c. 112, s. 12 (Prevention of Crimes Act, 1871), where any person is convicted of an assault on any constable, when in the execution of his duty, such person shall, on summary conviction, be liable either to pay a penalty not exceeding £20, and in default of payment to be imprisoned, with or without hard labour, for a term not exceeding six months, or to be imprisoned for any term not exceeding six, or, in case such person has been convicted of a similar assault within two years, nine months, with or without hard labour.

BAILIFFS.

Any bailiff or his assistant acting under a decree of a civil bill Court, or under colour of the process of such Court, extorting any money, security for money, chattel, or other thing, is guilty of a misdemeanour, punish ́able by fine not exceeding £20, or by imprisonment not exceeding twelve calendar months, with or without hard labour, or by both fine and imprisonment 27 & 28 Vict. c. 99, s. 18.

Any bailiff within the municipal boundaries of the city of Dublin, or his assistant, extorting any money, &c., or acting as such without authority in cases within the Law of Distress and Small Debts (Ireland) Act, 1888 (51 & 52 Vict. c. 47), is guilty of a misdemeanour, punishable by fine not exceeding £20, or imprisonment, with or without hard labour,