Seamen, offences relating to, 17 and 18 Vic., c. 104, S. 206. If the master or any other person belonging to any British ship wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind in any place on shore, or at sea, in or out of Her Majesty's dominions, any seaman or apprentice belonging to such ship before the completion of the voyage for which such person was engaged, or the return of the ship to the United Kingdom, M.-S. 207. Wrongfully discharging or leaving behind seamen (five offences here specified), M.

Sedition. Sedition is an offence against the Crown and Government, not capital and not amounting to treason. Sedition may be either by writing or by words spoken. The offence consists in endeavouring to vilify or degrade the Queen in the esteem of her, subjects, or to create discontent or disaffection, or to incite the people to tumult, violence, or disorder, or to bring the Government or constitution into hatred or contempt, or to effect any change in the laws by the recommendation of physical force. Seditious meetings are such as are held for the purpose of accomplishing any of these objects. Sedition being inconsistent with the safety of the State is regarded as a high misdemeanour.

Self-defence.-The intentional infliction of death or bodily harm is not a crime when it is inflicted by any person in order to defend himself or any other person from unlawful violence, provided that the person inflicting it observes the following rules as to avoiding its infliction, and inflicts no greater injury in any case than he in good faith, and on reasonable grounds, believes to be necessary when he inflicts it :

(a). If a person is assaulted in such a manner as to put him in immediate and obvious danger of instant death or grievous bodily harm, he may defend himself on the spot, and may kill or wound the person by whom he is assaulted. (b). If a person is unlawfully assaulted—

i. In his own house;

ii. In the execution of a duty imposed upon him by

law;

iii. By way of resistance to the exercise of force which he has by law a right to employ against the person of another; he may defend himself on the spot, and may use a degree of force for that pur

pose proportioned to the violence of the assault, and sufficient (in case iii.) to enable him not only to repel the attack made upon him, but to effect his original purpose: but a person using force in the execution of a duty imposed upon him by law, or in order to effect a purpose which he may by law effect in that manner, and not being assaulted, is not entitled to strike or hurt the person against whom he employs such force, merely because he is unable otherwise to execute such duty, or fulfil such purpose, except in the cases provided in Article 199 (see page 230).

(c). If a person is unlawfully assaulted by another without any fault of his own, and otherwise than in the cases provided for in clauses (a) and (b), but with a deadly weapon, it is his duty to abstain from the intentional inflic tion of death or grievous bodily harm on the person assaulting, until he (the person assaulted) has retreated as far as he can with safety to himself.

But any person assaulted may defend himself on the spot by any force short of the intentional infliction of death or grievous bodily harm, and if the assault upon him is, notwithstanding continued, he is in the position of a person assaulted in the employment of lawful force against the person of another.

(d). If two persons quarrel and fight, neither is regarded as defending himself against the other until he has in good faith fled from the fight as far as he can; but if either party does in good faith flee from the fight as far as he can, and if when he is prevented either by a natural obstacle or any other cause of the same nature, from flying farther, the other party to the fight follows and again assaults him, the person who has so fled may defend himself, and may use a degree of violence for that purpose proportioned to the violence employed against him.-(Stephen's Digest of C. L., Article 200).

Sheriffs. Every sheriff is a principal conservator of the peace at common law. He may apprehend and commit to prison all persons who break the peace, or attempt to break it. He is authorized by law to suppress invasion, rebellion, insurrection, or riot, or any affray or unlawful assembly or breach of the peace, or to subdue any resistance to the execution of writs in his county. No sheriff or sub-sheriff can exercise the office of justice during the time he shall act as sheriff or sub-sheriff in the same county. In general,

no man can be exempt from the office of sheriff but by Act of Parliament or Letters Patent.

No sheriff shall
Sheriff is liable

continue in his office above one year. civilly for the tortious act, default or misconduct, whether it be wilful or inadvertent, of his under-sheriff or bailiff in the course of the execution of their duties. -(Burns, J. F.)

On the sheriff's death the sub-sheriff continues to act in the name of the deceased sheriff until another sheriff be appointed. 12 Geo. I. (Ir.), c. 4, s. 6.

Protection and, if required, assistance is to be afforded to sheriffs and sub-sheriffs in the execution of all writs, decrees, and other civil process from the superior and other courts, if in their written requisition they shall state they have grounds to apprehend violence or opposition in the discharge of their duty. Such requisitions should specify whether the process to be executed is a writ of the superior court or a civil bill decree or dismiss. The Constabulary are not to take charge of any civil prisoners or property, nor of houses or lands taken possession of under any writ, decree, or order; nor shall they, in cases of a civil nature, attend to give assistance or protection in the execution of any writ issued out of the superior courts, or in the taking and carrying away of cattle or goods thereunder, between the hours of sunset and sunrise in any season of the year, unless the sheriff or sub-sheriff shall by requisition claim such protection; nor shall they in any season of the year, between the hours of sunset and sunrise give protection or assistance in the taking and carrying away of cattle or goods under a decree or dismiss of the Civil Bill Court; provided, however, that where any writ, decree, or order shall have been executed between sunrise and sunset, the Constabulary shall, when required, afford protection to the sheriff, sub-sheriff, and sheriff's bailiffs in preserving possession of goods so seized. See page 457.

Duty of the Constabulary when protecting the Sheriff at Evictions. The Constabulary ought not to assist in either making or removing a seizure, or in doing any of the formal acts connected with handing over to the plaintiff in an action the possession of the land or

house recovered therein; but if the sheriff or his assistants are assaulted, threatened with assault, or otherwise met with violent resistance, the Constabulary are bound at once to arrest offenders, and to disperse mobs assembled to encourage and aid resistance; and if the premises are barricaded, they should if necessary compel and force entrance for the purpose of arrest. This duty ought to be performed without hesitation or delay immediately on the occasion for it arising.

The legal duties of the Constabulary in the protection of sheriffs are very fully declared in the judgment delivered by Chief Baron Palles (in the cases of R. V. Larkin and others), when presiding at the Winter Assizes at Sligo, on the 5th January, 1887. (See Irish Law Times, Vol. xxi., p. 18.)

If a process server, or other officer of the law (not being a summons server), states that he apprehends violence and needs protection in the service or in the execution of any legal document, protection is afforded him by the Constabulary upon his own application.

The Constabulary are not to aid in any way the sheriff's men in the erection of any gallows, stocks, or other instrument of punishment, nor to inflict corporal punishment on any person, except in cases provided for by 47 and 48 Vic., c. 19 (see page 306).

Sodomy and Bestiality, 24 and 25 Vic., c. 100, s. 61, Sodomy and bestiality are felonies-S. 62. To attempt to commit the said abominable crime, or be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, M.

[This offence consists of a carnal knowledge committed against the order of nature by man with man; or in the same unnatural manner with women; or by man or woman in any manner with beast. The crime is complete on proof of penetration. Those who are present aiding and abetting in this offence are all principals, but if the party on whom the offence is committed is under fourteen, it is felony in the agent only. The mere soliciting another to the commission of this crime is an indictable offence.]

Spirits in transitu, 17 and 18 Vic., c. 89.

S. 6. Spirits IN TRANSITU require permit.—As to spirits in transitu or process of removal from one place to another, it shall and may be lawful for any County Inspector, SubInspector, Head or other Constable of Constabulary, to

demand from any person having in his custody or possession any spirits, in any quantity whatsoever exceeding one gallon, a proper permit or certificate authorizing the removal of such spirits, and on the production of any such permit or certificate to indorse the same with his own name, together with the place, date, and time of such indorsement, and in case no permit or certificate shall be produced, or any permit the limitation of which shall have expired, it shall be lawful for such County Inspector, Sub-Inspector, Head or other Constable, to seize such spirits, together with the vessel containing the same, and the horse, or other cattle, and cart, or other carriage used in the removal thereof, and to arrest the person in whose possession or custody the same shall have been found, and to convey him, as soon as conveniently may be before a justice of the peace, to be dealt with as herein directed; and the person in whose possession or custody such spirits shall have been found without such permit or certificate, or with any permit the limitation of which shall have expired, P. for first offence not to exceed £5, nor less than 20s.

S. 8. All proceedings under this Act shall be conducted and all penalties imposed and costs awarded shall be sued for, levied, and recovered as by P. S. Act, 1851, is directed.

[As regards the disposal of seizures see 20 and 21 Vic., c. 40, s. 2.] Statutes.—A statute is the highest authority which this kingdom acknowledges on earth. Statutes are either public or private. A public Act is a universal rule that regards the whole community; private Acts are rather exceptions than rules, being those which only operate upon particular persons and private

concerns.

Statutes also are either declaratory of the common law or remedial of some defects therein-declaratory, where the old custom of the Kingdom is almost fallen into disuse, or become disputable; in which case the Parliament has thought proper, in perpetuum rei testinonium, and for avoiding all doubts and difficulties, to declare what the common law is, and ever hath been. Remedial statutes are such as supply some defect in the existing law, and redress some abuse or inconvenience with which it is found to be attended, without introducing any provision of a penal character.

[Penal statutes are those which merely impose penalties or