Removing buoys, &c.] By s. 48: Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall unlawfully and maliciously do any act with intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in any other manner unlawfully and maliciously injure or conceal any boat, buoy, buoy rope, perch, or mark used or intended for the guidance of seamen, or for the purpose of navigation, shall be guilty of felony'; punishment as in s. 46, above.

6

Destroying wrecks, &c.] By s. 49: Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony'; maximum punishment, penal servitude for fourteen years.

Castaway-destroy' in s. 42] Under rpd. ss. it was held that a ship run aground or stranded, and afterwards got off and easily refitted, was not within the ss.: De Londo, East P. C. 1098, 1765.

OFFENCES BY SEAMEN.

Endangering life or ship] By 57-8 V. 60, Merchant Shipping A. 1894, 220: If a master, seaman, or apprentice belonging to a British ship, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness (a) does any act tending to the immediate loss, destruction, or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or (b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board the ship from immediate danger to life or limb, he shall in respect of each offence be guilty of a misdemeanour.'

Loss. &c.] Tendency is enough in both clauses, e.g. not putting out fire near an explosive; the result is immaterial; was the act dangerous considering all the circumstances?: Gardner, 1 F. & F. 669, 1859.

Pilots] By s. 607, the same provision is made with respect to pilots, when in charge of a ship.' They are also subject to suspension or dismissal.

Punishment] See s. 680, under Seamen. See also Piracy.

Felonies] By s. 147, a superintendent or officer granting or issuing a seaman's money order with a fraudulent intent shall be guilty of felony and liable to p. s. for three to five years. By s. 535, any person taking wreck, &c., found in British waters into a foreign port and selling it or anything in it there, is guilty of felony, and liable as in s. 147. For forgery of documents under the A., see s. 66, and of the seal, stamp or signature of certain documents, s. 695 (4); maximum punishment, seven years' p. s.; document may be impounded.

Unseaworthy ships] By s. 457 (1), every person who sends 'a British ship to sea in such an unseaworthy state that the life of any

Unseaworthy Ships: Collision.

1029

person is likely to be endangered,' is guilty of a misdemeanour, unless he proves either that he used all reasonable means to insure her. being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable, and for the purpose of giving that proof, such person may give evidence in the same manner as any other witness.' (2) If the master of a British ship knowingly takes the same to sea,' in the conditions of (1), he is similarly guilty. (3) No prosecution (except in Scotland) under this s. shall be instituted except by or with the consent of the Board of Trade or of the governor of the British possession in which the prosecution takes place. (4) No misdemeanour under this s. shall be punishable on summary conviction. The indictment need not allege the guilty knowledge or negative the use of reasonable means to make, &c. the ship seaworthy. Freeman, 9 Ir. R. C. L. 527, 1875: C. C. R.

Not rendering assistance in collision] By s. 422, the neglect of the master of a vessel to render assistance in the case of collision, or to give to the other vessel the name, port of registry, &c., of his own vessel, is a misdemeanour. By (2), if no reasonable cause for his failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to be due to his neglect. If he is a certificated officer, his certificate may be cancelled or suspended.

Other misdemeanours] By s. 16, the master or owner of a ship using or attempting to use for her navigation a certificate of registry not legally granted; by s. 70, carrying papers and documents with intent to conceal the British or assume a foreign character of the ship; by s. 241 (3), wilfully destroying, or altering, or making false entries in an official log-book; by s. 398, the receiving or making any payment, &c. from the person to whom an apprentice or sea-fishing boy is bound, or from the apprentice or boy in consideration of his being so bound, and the making of such payment; by s. 696 (2), the owner or master obstructing the service of documents. Various misdemeanours, forgeries, and other frauds under this A. are quoted under Forgery.

Other offences] For destroying, &c. cordage, &c., and other offences on the Thames, see 2-3 V. 47, 27, 28; destroying ships in the port. of London, 39 G. 3, lxix. s. 104; destroying ships of war, 12 G. 3, 24; getting possession of documents, sketches, plans, &c. for the purpose of wrongfully obtaining information, 1-2 G. 5, 28.

Venue] See, for the Merchant Shipping A., under Seamen; under Larceny for s. 15, above; and title Venue for the other ss.

Offences punishable by penal servitude for life are not triable at Q. S.

SHOOTING.

Loaded arms] See Assault; 24-5 V. 100, 18, 19; Murder-Attempts and Smuggling.

It makes no difference what the gun is loaded with, if it is capable of effecting, and probably would, effect, the intent (killing or grievous bodily harm, under a rpd. st.) charged. This ruling was approved by all the judges: the indictment was for an intent to kill, and the jury found that the pistol was loaded (not only with powder and paper, but) with some other destructive material. Kitchen, R. & R. 95, 1805.

Where defendant, by snapping a percussion-cap, discharged a gunbarrel detached from the stock and lock, Patteson J. and other judges held this to be shooting with loaded arms,' within 9 G. 4, 31, rpd. Coates, 6 C. & P. 394, 1834.

Sending a tin box, filled with gunpowder and peas, so contrived that the person who opened it should thereby fire the powder and kill himself, was held by the judges not to be an attempt to discharge loaded arms within that A. Mountford, 1 Moo. C. C. 441, 1835.

Indictment] Where defendant fired into a room in which he supposed a certain person to be, but in point of fact he was not, and could not possibly have been reached by the shot, Gurney B. held that the indictment under that A. could not be supported. Lovell, 2 Moo. & R. 39, 1837. An indictment for maliciously shooting at A. B. is supported if he be struck by the shot, though the gun be aimed at a different person. Jarvis, 1837. See under Grievous Bodily Harm.

Onus] It is not for the defendant primâ facie to prove that a gun went off accidentally. W. Davies, 1913: c. q.

Attempts] See that title; Duckworth, 1892; and Linneker. Whether it is indictable to attempt to discharge a firearm which could not be discharged seems doubtful, but where defendant pointed a revolver which was loaded only in some of its chambers and pulled the trigger, but the hammer fell on an empty chamber, Charles J. held that this was an attempt to discharge a loaded firearm. Jackson, 1890.

SHOPS, &c., OFFENCES IN.

See 6-7 G. 5, 50, 26, 27, 28.

Shop'] It was held that a workshop, such as a carpenter's, &c., was not a shop' (within a rpd. A.), it must be a shop for the sale of articles.' Sanders, 9 Carr. & P. 79, 1839. But it was held by L. Denman C.J. in Carter, 1 C. & K. 173, 1843, also under that A., that a person who breaks into an ordinary blacksmith's shop containing a forge, and used as a workshop only, not being inhabited nor attached to any dwelling-house, and who steals goods therein, could be convicted of breaking into a shop, &c.; he declined to be bound by Sanders. A cellar used merely for the deposit of goods intended for removal and sale is a warehouse' within that A. Hill, 2 Moo. & R. 458, 1843. A building forming part of chemical works, was commonly called 'The Machine House,' a weighing-machine being there, where all the goods sent out were weighed, and entered in a book kept there. The work-sheets were also kept in this place; the wages of the men were paid there; the books, &c., at other times were kept in what is called 'the office,' where the general books and accounts were kept. It was held that this building was a 'counting-house' within that A. Potter, 2 Den. C. O. R. 235; 23 L. J. M. C. 170, 1857. So is an attorney's office: In re Creeke, 11 W. R. 234, 1863. See Suspects.

SLANDER

of a private person to be indictable must tend to a breach of the peace

or sedition.

See Seditious Libel.

SLAVE-DEALING.

definition of slavery.

There is no precise legal A man is not a slave if he is taken as a free labourer' under local immigration laws, even though he has been kidnapped for the purpose (Casaca, 5 App. Cas. 548, 1880: P. C.): 27 Halsbury, 533. The trade in slaves is not by international law piracy or a crime treaty .' but within the Admiralty jurisdiction it is piracy and felony by statute, and all the operations of the trade are illegal': ib. 534. See the judgment in Kwok-A-Sing's case.

except by

Slave dealing] By s. 9 of 5 G. 4, 113, the carrying away, conveying, or removing of any person upon the high seas, &c. [see under Piracy] as a slave or for the purpose of his or her being imported or brought into any place whatsoever as a slave, or being sold or dealt with as such, or the embarking or receiving on board any person for such purpose or assisting in such acts-is made piracy, felony, and robbery.. Non-subjects of the crown in any place within the control of the crown are equally liable. By s. 10, the dealing in slaves, generally, and other offences connected therewith, are made felony. By 7 W. 4 & 1 V. 91, the punishment of death, imposed by s. 9, is abolished and transportation for life is substituted.

S. 9 applies also to acts done by British subjects in furtherance of that trade anywhere: per Maule and Wightman JJ. in Zulueta. In order to convict of having employed a vessel for slave trading, it is not necessary to show that the vessel which carried out goods was intended to be used for bringing back slaves in return; it is sufficient if there was a slave adventure, and the vessel was in any way engaged in the advancement thereof. Ib.

In 1845, the Felicidade, a Brazilian slaver, surrendered to H.M.S. Wasp. She had no slaves on board. The captain and all his crew, except Majaval, one of the defendants, were taken out of her and put on board the Wasp. The captain was sent back to the Felicidade, which was then manned with sixteen British seamen, under the command of Lieut. Stupart. He was directed to pursue the Echo, a Brazilian ship, having slaves on board, and commanded by Serva. The Echo surrendered to Mr. Palmer, a midshipman, who went on board her, and sent Serva and eleven of his crew to the Felicidade. The next morning Lieut. Stupart took command of the Echo, and placed Mr. Palmer and nine British seamen on board the Felicidade, in charge of her and the prisoners. The prisoners shortly after rose on Mr. Palmer and his English crew, killed them all, and ran away with the vessel. She was recaptured by a British vessel, and the prisoners were brought to this country, and tried and convicted at Exeter for murder. According to Platt B. the Felicidade was in the lawful custody of her Majesty's officers, and all on board that vessel were within the admiralty jurisdiction, and the jury ought to find defendants guilty of murder, if satisfied that they plotted