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Conspiracy to accuse falsely of crime,

by violence,

Or to defeat justice.

Conspiracy to commit crime is a substantive offence. Thus there are cases reported of conspiracy to murder(1), to commit house-breaking (2), and falsely to accuse of

crimes from motives of malice (3), or for purposes of Or to raise wages extortion (4). Conspiring to raise wages, or to concuss

workmen, or to effect any similar object by violent and forcible means, or by criminal threats, or the like, is also criminal (5). “Conspiring confederating, and

agreeing to defeat or obstruct the administration of "justice, especially when justice is thereby defeated or “obstructed," was held a relevant charge. The accused

had procured one individual to personate another in a Or to effect alter-criminal trial (6). "Conspiring to effect an altera

“ tion of the laws and constitution of the realm by “ force and violence, or by armed resistance to lawful

authority,” is still a good charge at common law, in the absence of an express exclusion by statute (7).

The punishment is penal servitude or imprisonment.

ations of law.


1 Burnett 231, case of Mann and others in note.

2 Burnett 231, case of Keith and Swanson in note.

3 Hume i. 170, 171, and cases of Muschet and others : and Nicolson and others there.—Alison i. 369, 370.-More ii. 411.

4 Hume i. 342, case of Scott and Maxwell in Note 2.-Euphemia Robertson and others, Perth, April 22d 1842; 1 Broun 295 and Bell's Notes 62.-Margaret Gallocher or

Boyle and others Glasgow, Oct. 6th 1859 ; 3 Irv. 440.

5 Thos. Hunter and others, A.C., Nov. 10th 1837 and Jan. 3d 1838 ; 1 Swin. 550 and 2 Swin. 1.-Rob. Sprot and others, Ayr, May 2nd 1844 ; 2 Broun 179.

6 John Rae and Andrew Little, Ayr, Sept. 10th 1845 ; 2 Broun 476.

7 Jas. Cumming and others, H.C., Nov. 7th and 9th 1848; J. Shaw 17.- The statute which it was pleaded excluded such a charge was 11 Vict. c. 12.



curer art and

Where the offence is actually committed, the COMMON LAW person who has procured its perpetration is dealt with as where crime being guilty art and part. But where the crime is committed, pronot committed, either from the person whom it is part. attempted to seduce to its commission, resisting the attempt, or from any other cause, the offender may still be punished. Whether the rule extends only to Does attempting serious crimes, has never been decided, but in practice to all crimes no such charge has been prosecuted, except where the intended crime was heinous, such as murder (1), fireraising (2), false accusation of crime (3).

to procure apply


Attempt to procure the commission of certain STATUTORY offences has been declared criminal by statute. By the Post-office Act (4), "Every person who shall "solicit or endeavour to procure any other person to "commit a felony or misdemeanor punishable by the "Post-office Acts, commits a crime and offence." In cases of attempt to procure the commission of crime, it seems right to hold that the mode of the attempt is of no consequence, whether threats, solicitations, or bribes, provided the attempt be serious.

The punishment is penal servitude or imprison- PUNISHMENT, ment. Under the Post-office Act, the punishment is limited to two years' imprisonment (5).

1 Hume i. 27, case of Dingwall there.

2 Hume i. 136, case of Fraser there. Alison i. 443.

3 Hume i. 383, case of Isaacson

and others there and in note 1.

4 Act 7 Will. IV. and 1 Vict. c. 36, § 36.

5 Act 7 Will. IV. and 1 Vict. c. 36, § 36.





Jurisdiction as to all crimes com

Every person, British subject or foreigner, charged,

mitted in Scot- whether as actor or as art and part, with a crime com



Criminal jurisdiction is a large subject. A few general observations must suffice.

Case of Peers.

mitted in, and against the statute or common law of, Scotland, is amenable to the jurisdiction of the Scottish. Courts (1). The only exception is the case of Scottish Peers, who, for treason, petty treason, murder, or other felony, are amenable only to their own order (2). For minor crimes, Peers are answerMembers of the able in the ordinary Courts (3). Members of the

House of Com


House of Commons are exempt from arrest during the sitting of Parliament, except for treason, felony, or breach of the peace, but it is not clearly decided what offences fall within breach of the peace, in the question of privilege (4).

No jurisdiction in military or

The statement that all persons are subject to the church offences. jurisdiction of the Scottish Courts, refers only to crimes

against public law, not to military or ecclesiastical law. Offences which are created by the special rules of official professions, are not cognisable by the criminal Courts (5). But persons in these professions are amenable to the jurisdiction of the courts of law for

Soldiers and clergymen amenable for public crimes.

1 Hume ii. 57 -Alison ii. 81.

2 Acts 6 Anne c. 23 and 6 Geo. IV. c. 66.-Hume ii. 46, 47.-Ali son ii. 14.

3 Hume ii. 47, 48, and cases of the Earl of Roseberry: and the Earl of Morton there.-Earl of Mar,

H.C., Dec. 19th 1831; Bell's Notes 148.

4 Act 1701, c. 6.-Hume ii. 48, 49, and cases of Dunbar and others: Gordon and Dempster there.-Alison ii. 20.

5 Hume ii. 34.-Alison ii. 3, 4.

·all acts which are offences against the law of the EXTENT OF,

land (1).


letter from

person in Scot

Where a crime has been committed partly in Scot-Crime partly in land and partly elsewhere, it is a question of circumstances whether the Scottish Courts have jurisdiction. If the main act is committed in Scotland, e.g., if a forgery fabricated in England be uttered in Scotland (2), or conversely, if a forgery be uttered in Scotland by being posted in a letter, addressed to England (3), or goods be obtained from England by a fraudulent letter dispatched from Scotland (4), or vice versa (5), or by fraudulently advertising in England, and obtaining money from Scotland (6), or a fraudulent Scotch bankrupt uplifts money in England to defraud his creditors (7), there is jurisdiction. There may even be jurisdiction if an act done out of Scotland take practical effect there. If a person in England were maliciously Explosive sent in to forward a package containing an explosive substance abroad to injure to a person in Scotland, in order that when he opened land. the package it might explode, and do him an injury, the Scottish Courts would certainly have jurisdiction (8). The coining statute, by which it is an aggravated Repeated utter

ing of coin. crime to utter base coin twice within a limited period, provides for the second uttering being committed in a different locality from the first, by conferring jurisdiction upon the Court of either place to try the offender

1 Hume ii. 41, 42, 43, and cases 26th 1842; 1 Broun 472 (Indictof Burr: Hale: Troublecocks : ment) and Bell's Notes 148.- Thos. Butler: Guthrie : Robertson and P. M'Gregor and Geo. Inglis, H.C., others : Baikie : and Oswald there. March 16th 1846 ; Ark. 49. -Alison ii. 4.- ii. 18.

5 Will. E. Bradbury, H.C., July 2 Hume ii. 53, 54, and cases of 25th 1872; 2 Couper 311 and 45 S. Herries : and Macaffee there.-Ali- J. 1. son ii. 74, 75.-Alex. Humphreys or 6 Will. Allan, H.C., Feb. 4th Alexander, H.C., April 29th 1839; 1873; 2 Couper 402. Bell's Notes 148.

7 John M‘Kay or M Key, H.C., 3 Will. Jeffrey, H.C., May 16th Nov. 26th 1866 ; 5 Irv. 329 and 39 1842; ] Broun 337 and Bell's Notes S. J. 43 and 3 S.L.R. 54. 149.

8 Hume ii. 54, and case of Tay. 4 Samuel Michael, H. C., Dec. lor in note 1.-Alison ii. 74, 75.


Theft and reset continued by possession of property.

Thief coming from England with booty.

Theft and reset are held to be continuous crimes, so that a thief or resetter passing out of one jurisdiction into another with the property, may be tried in the courts of the jurisdiction in which he is apprehended. This is the common law (3), and is confirmed by statute (4). This relates only to the crime as manifested by the possession of the property. The offender cannot be tried within the jurisdiction in which he is apprehended for those aggravations, such as housebreaking or the like, which were committed in the jurisdiction from which he came. It is only the theft or reset, which attaches to him in the new jurisdiction by his possession there of the property feloniously taken elsewhere, which can be charged against him in the forum deprehensionis (5).

No jurisdiction over offences on

Except in the cases already noticed, and in cases of ground beyond treason (6), the Scottish courts have no power to deal


with offences committed out of Scotland (7), unless

as if the two utterings had taken place within its jurisdiction (1). The Post-office Act (2) provides that the Courts of every place through which the letter or other article which is the subject of the offence has passed in course of post, shall have jurisdiction.

1 Act 24 and 25 Vict. c. 99, § 28.

2 Act 7 Will. IV. and 1 Vict. c. 36, § 37.

3 Mackenzie, part ii. tit. 2, p. 179.-Hume ii. 54, and case of Taylor there.-ii. 55, case of Taws in note a.-Alison ii. 78, 79.-Jas. Dougherty and Edward Prunty, Glasgow, Sept. 29th 1824: Shaw 123.-Jas. W. Nicol, March 15th 1834; Bell's Notes 149.-Jas. Stevenson, Glasgow, Dec. 27th 1853;

1 Irv. 341.

4 Acts 13 Geo. III. c. 31, §§ 4, 5. -44 Geo. III. c. 92, §§ 7, 8.-24 and 25 Vict. c. 96, § 114.

5 Hume ii. 55, case of Taws in

note a-Alison ii. 78, 79, and case of Lees, note 2.

6 Hume ii. 50 and cases of Kirkpatrick and others: and Macdonald there.-Alison ii. 70, 71.

7 Hume ii. 50, 51 and case of Bruce there.-Hume (ii. 52), thinks that Scotchmen, resident abroad, might be amenable to the Jurisdiction of the Scottish Courts if they remain in a special relation to their country, as by being attached to an embassy, or being employed in a Scotch factory. But it may be doubted whether it would be possible in practice to apply any such distinction satisfactorily.-Alison ii. 71, 72.

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