III. SPENCEAN OR ANTI-PROPERTY SOCIETIES.

Under the 57 G. 3, c. 19, Spencean societies or clubs, or any other description of society, by whatever name known or called, having for their object the confiscation or division of the land, or the extinction of the funded property of the kingdom, are prohibited as unlawful combinations and confederacies; and persons belonging to them are liable to fine or imprisonment by information, or to transportation for seven years on prosecution by indictThe 57 G. 3, c. 19, extends only to Great Britain, the law on illegal societies in Ireland being the 4 G. 4, c. 87.

ment.

IV. SEDUCTION OF THE MILITARY AND NAVAL FORCES.

The 57 G. 3, c. 7, makes perpetual the 37 G. 3, c. 70, for Great Britain, and 37 G. 3, c. 1, for Ireland, by which the attempt to seduce any person serving in her Majesty's land or sea forces from his duty and allegiance, or to incite any one to commit any act of mutiny, is punishable with death; but the capital punishment is mitigated by 1 V. c. 91, to transportation for life, or for fifteen years, or imprisonment for three years. Whoever administers any unlawful oath, or takes any oath or engagement intended to bind any sailor or soldier in any mutinous or seditious society, or to obey any committee, or any person not having legal authority, is guilty of felony, and may be punished with penal servitude.

V. TRAINING TO ARMS AND MILITARY EXERCISES.

The 60 G. 3, c. 1, extends to Great Britain and Ireland, and enacts that meetings and assemblies of persons for the purpose of being trained to the use of arms, or of practising military exercises and evolutions, without the authority of the Queen, a lord lieutenant, or two justices of the peace, shall subject the offenders to transportation for not exceeding seven years, or imprisonment not exceeding two years; the persons attending such meetings are liable to fine and imprisonment not exceeding two years. Any magistrate, constable, or peace officer may disperse meetings assembled for such unlawful purposes, or detain and require bail from any one attending them.

VI. SEDITIOUS MEETINGS AND ASSEMBLIES.

Sedition is a term of frequent occurrence, but Blackstone and most popular writers on law have passed it over without defining its precise application. It seems to consist in attempts made by

individals or public meetings, by speeches or writings, to instigate to a violation of the law, to disturb established institutions, or the peace and order of society. The uttering words and political writings which intemporately or indecently criticize the public measures of the Queen and her ministers, by imputing to them corrupt and improper motives, are seditious: for though temperate observations on such measures are allowable, yet the attempting to possess people with an ill opinion of the government, and disparage it in public estimation, is considered a serious offence, whether the expedient resorted to be obloquy or ridicule.

The punishment of sedition is fine and imprisonment proportioned to the magnitude of the crime and the circumstance accompanying it.

A public meeting would be deemed seditious and unlawful which assembled under such circumstances of terror, arising either from excessive numbers, the alarming manner of assembling, or the violence of the language employed against the established authorities, as endangered the public peace, or tended to excite fears and jealousies in the people. The justices, in such cases, would be warranted in swearing in constables, and adopting the precautions to prevent disturbance prescribed by 1 & 2 W. 4, c. 41. The general rule of law in regard to public meetings is, that numbers constitute force-force, terror-terror, illegality.

A meeting called "to adopt preparatory measures for holding a national convention" is an illegal meeting, Rex v. Furzey, 6 C. & P. 81.

Some kinds of sedition may be of so aggravated a kind as to verge on treason, and come within the scope of 25 E. 3, as a levying of war, and an attempt by intimidation and violence to alter established institutions and remove grievances.

By 57 G. 3, c. 19, s. 23, it is unlawful to convene any meeting of exceeding fifty persons in any street, square, or open place in Westminster or Middlesex, within one mile from the gate of Westminster Hall (except in St. Paul's, Covent Garden, and parish meetings in St. John's and St. Margaret's), for the purpose of petitioning the Queen or either house of parliament for alterations in matters of church and state, on any day in which parliament is sitting, or when any of the judges sit in the courts of Westminster Hall.-See Libel, Conspiracy, and Riot.

CHAPTER VII.

Offences against Public Justice.

Of the offences under this head, some are felonious, others are only misdemeanours. We shall begin with the minor delinquencies.

I. RESCUES AND ESCAPES.

Rescue is forcibly and knowingly freeing another from an arrest or imprisonment, and generally renders the rescuer an accomplice in the crime. Thus, a rescue in treason, is treason; in felony, is felony; and in misdemeanour, a misdemeanour. To rescue, or attempt to rescue, any person committed for murder, or on his way to execution, was punishable with death; but the punishment is mitigated, by 1 V. c. 91, to penal servitude for life, or ten years, or imprisonment for two years.

By 26 G. 2, c. 31, to convey to any prisoner in custody for treason or felony, any arms, disguise, or instrument; or in any way to assist his escape, without the knowledge of the gaoler, though no escape be attempted, subjects the offender to transportation for seven years; or, if the prisoner be in custody for an inferior offence, or charged with a debt of £100, it is then a misdemeanour, punishable with fine and imprisonment.

This act does not extend to cases where an actual escape is made, but is confined to cases of an attempt; and, by 4 G. 4, c. 64, the act itself is repealed, so far as it relates to gaols and houses of correction. The latter act is repealed by 28 & 29 V. c. 126, which provides that if any person shall be concerned in conveying into any prison any mask, vizor, or other disguise or instrument to facilitate the escape of a prisoner, or shall in any way aid an escape, whether an escape is effected or not, it is felony, and the offender may be sentenced to imprisonment with hard labour.

By 52 G. 3, c. 156, persons aiding the escape of prisoners of war are liable to transportation or penal servitude.

An escape of a person arrested upon criminal process, by eluding the vigilance of his keepers before actual imprisonment, is punishable by a fine or imprisonment. Officers, also, who, after an arrest, negligently permit a felon to escape, are punishable by fine; but voluntarily suffering an escape, renders them participators in the crime for which the felon was in custody, whether treason, felony, or trespass.

Private individuals, who have persons lawfully in their custody, are guilty of an escape, if they suffer them illegally to depart; but they may protect themselves from liability, by delivering over their prisoners to some legal and proper officer. A private person thus guilty of an escape incurs the punishment of fine or imprisonment, or both.

II. GAOLERS AND OFFICERS.

In general, to oppose an officer in the execution of any lawful process in criminal cases, renders the party an accomplice in the crime.

A gaoler is the master or governor of a prison, and is so far

under the protection of the law, that if a person threaten him for keeping a prisoner in custody, he may be fined and imprisoned. And if, in repelling force, he commit homicide, it is justifiable; but on the contrary, if he be killed, it is murder in the assailant. By 3 G. 1, c. 15, it is unlawful to purchase the office of gaoler, or any other office pertaining to the high sheriff, under pain of £500.

By 28 & 29 V. c. 126, gaolers permitting the sale of any spirituous or fermented liquors in prison are liable to a penalty of £20. By the same act, gaolers may punish certain offences in prison, as swearing, indecent behaviour during divine service, idleness at work, or wilful mismanagement of it, by solitary confinement, or keeping the prisoner on bread and water for any term not exceeding three days. They are required to attend the quarter sessions, to report the actual state of prisons, and to keep regular books, which are to be examined periodically, and lists of prisoners tried for felony are to be transmitted to the secretary of state, under a penalty of £20. The same act provides that persons introducing, or attempting by any means to introduce, letters or other articles not allowed by the rules of the prison, are liable to be fined, and if officers of the prison, forfeit their offices.

III. THEFT-BOTE

Is when the party robbed not only knows the thief, but takes his goods again, or other amends, upon agreement not to prosecute. It is frequently called compounding of felony, and is punished by the common law with fine and imprisonment.

By 24 & 25 V. c. 96, s. 100, if any person shall publicly advertise a reward for the return of any property stolen or lost, and in such advertisement use any words purporting that no question will be asked, or inquiry made after the person producing such property, or promise to return to any pawnbroker money advanced on such property, he shall, as well as the printer and publisher of such advertisement, be subject to a penalty of £50, to be recovered, with full costs of suit, by any person who will sue for the same. Under 33 & 34 V. c. 65, actions for these penalties cannot be commenced without the sanction of the attorney or solicitor-general.

Nearly akin to these offences is that of taking a reward under pretence of helping the owner to his stolen goods. This was a contrivance carried on to a great extent, in the beginning of the reign of George I., by the notorious Jonathan Wild, who had under him a regularly disciplined corps of thieves, who brought in their spoils to him; and he kept a sort of public office for restoring them to the owners at half-price. To prevent which, it was made a capital offence to take any reward under pretence of helping the owner to stolen goods; and now, by 24 & 25 V. c. 26, s. 101, every person

who shall corruptly take any money or reward on account of helping the owner to any property stolen, taken, or converted (unless he cause the offender to be brought to trial), shall be guilty of felony, subject to penal servitude for not above seven nor less than three years, or imprisonment not above two years, with or without hard labour, solitude, or whipping if under sixteen years of age.

IV, RECEIVERS OF STOLEN GOODS.

Receiving stolen goods, knowing them to be stolen, is only a misdemeanour at common law; but later statutes make the offender accessory to the theft, and felony, or misdemeanour. By 24 & 25 V. c. 96, s. 9, the receiver of any property feloniously stolen, extorted, or embezzled, is liable to penal servitude for not exceeding fourteen nor less than three years, or imprisonment not above two years, with or without hard labour or solitude. If the original offence amount only to misdemeanour, the receiver is subject to penal servitude for seven or not less than three years, or imprisonment not above two years, with or without hard labour or solitary confinement. In both these cases the receiver may be tried, whether or not the principal offender has been convicted.

The punishment for the offences enumerated in this and the preceding section are commonly evaded; and by the intervention of "fences" and low attorneys, those guilty of receiving stolen goods, and of taking rewards for the recovery of stolen property, are with difficulty brought to justice. By 34 & 35 V. c. 112, s. 19, evidence of previous conviction is allowed, subject to certain conditions on the trial of persons for having in their possession stolen goods (See ante, p. 504), and in the metropolis, persons suspected of having or carrying goods stolen or unlawfully obtained, and not giving a satisfactory account to the police magistrates, may be fined £5 or imprisoned in the house of correction for any time not exceeding two calendar months. On information on oath, that there is reasonable cause to suspect that goods have been unlawfully obtained, and are concealed, a special warrant may be issued to enter and search any dwelling-house or other place by day or night; the parties concealing, or knowingly assisting in concealing, the same may be examined by the magistrate, who is empowered to deliver to the owner goods unlawfully pawned, sold, or exchanged, in the possession of any broker or dealer in second-hand property, with or without compensation, 24 & 25 V. c. 96, s. 103.

The police have, in certain cases, power to enter in search of stolen goods, 34 & 35 V. c. 112.

Any person who prints or publishes advertisements for the return of stolen goods without questions being asked, or the like advertisements, forfeits the sum of fifty pounds to any person who will sue for the same by action of debt. But no action can be

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