against the known rules of honesty an'l integrity. Giver and receiver are equally guilty. An attempt to bribe, though unsuccessful, is also M.

Burglary is a felony at common law, and is defined to be "a breaking and entering the mansion-house of another in the night, with intent to commit some felony within the same, whether such felonious intent be executed or not." In this definition there are four things to be considered-(1) the time, (2) the place, (3) the manner, (4) the intent.

(1.) The Time.-The time at which burglary must be committed is the night, for in the day there can be no burglary. By the 24 & 25 Vic., c. 96, s. 1, the night shall be deemed to be between 9 p.m. and 6 a.m. The breaking and entering need not be done in the same night, for the breaking may be on one night, and the entering on another.

(2.) The Place. The breaking and entering must take place in a mansion or dwelling-house. Every house, or part of one, for the dwelling and habitation of man, is a mansion house, in which burglary may be committed. But it must be a permanent edifice, so that a booth or tent is not a mansion house. By the 24 & 25 Vic., c. 96, s. 53, "No building, although within the same curtilage with any dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house, unless, there shall be a communication between such building and dwelling-house, either immediate, or by means of a covered and enclosed passage, leading from the one to the other." It must appear that the premises in question were at the time occupied as a dwelling-house. When no person sleeps in the house it cannot be considered a dwelling-house. It seems to be sufficient if any part of the owner's family or his domestic servants sleep in the house.

(3.) The Manner.-Both a breaking and entering are necessary to complete the offence of burglary. There must either be an actual breaking of some part of the house, in effecting which more or less of actual force is employed; or a breaking by construction of

law, where an entrance is obtained by threats, fraud, or conspiracy. An actual breaking may be by making a hole in the wall, forcing open an outer or inner door, opening the lock by key or otherwise, breaking the window, or taking out a pane, lifting the latch of door, or unloosing any fastening of door or window, entering by the chimney, breaking out of the house. Breaking by construction of law may be where the door is opened either from apprehension of violence, or in order to repel it, and the thief enters, where admission is obtained by fraud, or by conspiracy as where some one inside the house lets in the thief. With respect to the entering necessary to constitute burglary, the least entry either with the whole or any part of the body, hand, or foot, or with any instrument or weapon, introduced for the purpose of committing a felony, will be sufficient. Where the instrument is used (without any part of the offender's body entering), not for the purpose of committing the contemplated felony, but only for the purpose of effecting the entry, the introduction of the instrument will not be such an entry as to constitute burglary. The breaking and entering by one is the act of all the party engaged in the transaction, and legally present Thile the feat is committed.

(4.) The Intent.-The act of breaking and entering the mansion-house in the night must be done with intent to commit some felony within the same, whether such felonious intent be executed or not. And, where the breaking is a breaking out of the dwellinghouse in the night, there must have been a previous entry with intent to commit a felony, or an actual committing of a felony in such dwelling-house. Therefore, an entry with the intent to commit a trespass (e.g. to beat a person), will not be sufficient,

Burglary by Statute, 24 & 25 Vic., c. 100.-S. 1.-For the purposes of Act the night shall be deemed to commence at 9 P.M., and to conclude at 6 A.M. of the next succeeding day.--S. 51. Whosoever shall enter the dwelling-house of another with intent to commit any felony therein, or being in such dwelling-house, shall commit any felony therein,

and shall in either case break out of the said dwellinghouse in the night, shall be deemed guilty of burglary. --S. 51. Entering any dwelling-house in the night with intent to commit any felony therein, F.—S. 58. Whosoever shall be found by night armed with any dangerous or offensive weapon, or instrument whatsoever, with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein, or shall be found by night having in his possession, without lawful excuse (the proof of which shall lie on such person), any picklock, key, crowjack, bit, or other implement of housebreaking, or shall be found by night having his face blackened, or otherwise disguised, with intent to commit any felony, or shall be found by night in any dwellinghouse or other building whatsoever, with intent to commit any felony therein, M.

[Referring to sec. 58, the offence of having possession of implements of housebreaking consists in the possession merely without lawful excuse. It is not in such case necessary to allege or prove at trial an intent to commit a felony. Where only one is in possession of the implements, the possession by him is possession by all. If a man is found with an implement of housebreaking in his possession, a general burglarious intent is sufficient to constitute an offence against the second clause of s. 58. Every instrument, which from its nature is capable of being used for housebreaking, although ordinarily used for lawful purposes, e.g., a house door key or a pair of pincers, is an implement of housebreaking within the Statute, if, from the circumstances that at the time the defendant was found in possession of it, it was his intention to use it as such. The lawful excuse for possession, if any, must be proved by the defendant. But if he is armed with any other weapon, there must be proof of an intent to break into some particular house in order to constitute an offence against the first clause of this section.]

Challenge to Fight a Duel.-M.-At common law it is a misdemeanour to challenge another, either by word or letter to fight a duel, or to be the messenger of such a challenge, or even barely to provoke another to send such a challenge, or to fight. No provocation, however great, is a justification on the part of the defendant.

Child Abandonment of.-24 & 25 Vic., c. 100, s. 27. -Whosoever shall unlawfully abandon or expose any child being under the age of two years, whereby the life of such child shall be endangered, or the health of such child shall have been or shall be likely to be permanently injured, shall be guilty of misdemeanour.

[The words "abandoned" and " expose' "include a wilful

omission to take charge of the child on the part of a person legally bound to do so, and any mode of dealing with it calculated to leave it exposed to risk without protection. Where the mother left the child at the door of its father's house to his knowledge, and he left it there, this was held an "abandonment" by the father. When the child was packed up in a hamper, labelled "with care," and directed to the lodgings of the father, and the parcel was delivered in less than an hour, it was held that the life of the child was endangered.]

Child stealing, 24 & 25 Vic., c. 100, s. 56.-Whosoever shall unlawfully, either by force or fraud, lead or take away, or decoy or entice away or detain, any child under the age of fourteen years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall with any such intent, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as in this section before mentioned shall be guilty of F. Provided

that no person who shall have claimed any right to the possession of such child, or shall be the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge

thereof.

Children's Dangerous Performances Act, 1879,

42 & 43 Vic., c. 34.

S. 3. From and after the commencement of this Act, any person who shall cause any child under the age of fourteen years to take part in any public exhibition or performance whereby, in the opinion of a court of summary jurisdiction, the life or limbs of such child shall be endangered, and the parent or guardian, or any person having the custody of such child, who shall aid or abet the same, shall severally be guilty of an offence against this Act, P. not exc. £10. And where in the course of a public exhibition or performance which in its nature is dangerous to the life or limb of a child under such age as aforesaid taking part therein, any accident causing actual bodily harm occurs to any such child, the employer of such child shall be liable to be indicted as having committed an assault; and the court shall have the power of awarding compensation not exceeding £20, to be paid by such employer to the child,

for the bodily harm so occasioned.-S. 4. Whenever any person is charged with an offence against this Act in respect of a child who in the opinion of the court trying the case is apparently of the age alleged by the informant, it shall lie on the person charged to prove that the child is not of that age.-S. 5. Proceedings before Court of Summary Jurisdiction in Ireland to be taken in accordance with 14 & 15 Vic., c. 93.

[The Constabulary will report for the information of Government the nature of any performances in music halls, circuses, &c., whenever they appear to them to be violations of the law.]

Children-Italian-vagrant in Ireland.-The attention of Government has been called to the practice under which children bought or stolen from their parents in Italy or elsewhere, are imported into this country by persons known by the name of Padroni, who send them out into the streets to earn money by playing musical instruments, selling images, begging, or otherwise. It is most important to suppress this traffic by every available means, and the Govern ment relies on the vigilant co-operation of the Con stabulary for this purpose. In many cases the employer will be found to have committed an offence against the 3rd section of 10 & 11 Vic., c. 84, by procuring or encouraging the child to beg. If so, he should be forthwith prosecuted, and the result of such prosecution should be made the subject of a special report to the Inspector-General. The child will probably come within the provisions of the 11th section of the Industrial Schools Act (Ireland), 1881 (31 Vic. c. 25), either (under the first class) as a child begging alms or (under the second class) as a child found wandering and without proper guardianship. An application therefore should be made to the Justices to send the child

to a certified Industrial School. Further application should be made, under section 12, for the temporary detention of the child in a workhouse until the Industrial School has been selected. Final result of each case should be reported to the Inspector-General.