may object to be so tried, and the Court may commit him for trial by a jury. In all cases of conviction by a Court of summary jurisdiction an appeal lies to the Quarter Sessions. Wherever a stipendiary magistrate is appointed he will have exclusive jurisdiction.

The word "maliciously," in the statute, means purposely, as distinguished from accidentally or ignorantly. Prior to the passing of the important Act 38 & 39 Vict. c. xxxvi. there was much dispute as to what conduct was, and what was not, within the prohibitions of the law. But the new statute is clear and simple, and easy of interpretation, and is not likely to give rise to difficult controversies. Each case will have to be decided upon by its own peculiar facts and circumstances, either by the magistrates or a jury.

The security of perfect freedom of action both for employers and employed is the chief object which the legislature had in view. This was clearly stated by Lord Bramwell as a principle of the common law, in a case in which he gave judgment before the new Act was passed. He said that "by the common law, liberty of a man's mind and will, how he should bestow himself, and his means, his talents, and his industry, was as much the subject of the law's protection as was that of his body. Therefore, if two or more persons agreed to co-operate against that liberty of thought and freedom of will, they would be guilty of a conspiracy. And if any person by threats, intimidation, or molestation, or in any other way, endeavour to deter or influence any person in the employment of his industry, talents, or capital, in any lawful manner, or to obstruct, force, or endeavour to force, any journeyman to depart from his

hiring, or to prevent him from hiring himself, he would be guilty of an offence against the statutes."

The same principle was stated by that eminent judge, Mr. Justice Pattison, with reference to the legislation of that time: "The object of the legislature was that all masters and workmen should be left free in the conduct of their business. The masters were at liberty to give what rate of wages they liked, and to agree among themselves what rate of wages they would pay. In like manner the workmen were at liberty to agree among themselves for what wages they would work, and were not restricted in so doing by the circumstance that they were in the employ of one or other of the masters. The intention of the legislature was to make them quite free."

It may be useful to add a few remarks with reference to "strikes." The term "strike," as it is now generally used, requires some explanation. In a notion of a strike in former times some breach of contract or unlawful proceedings on the part of the working men concerned in it was commonly involved. Some dispute would arise or offence be taken, justly or unjustly, and thereupon in lieu of fulfilling their legal obligations, the men would break all ties and lay down their tools. In this respect there is now a great alteration. There is usually no illegal ingredient in our modern strikes. The custom is to give notice that in the event of certain demands not being conceded by the employers, the employed will not renew their contracts at the close of the current period. In this, of course, there is nothing illegal. Occasionally, but rarely, the old-fashioned strike still takes place. But, as a rule, the working

men are too well informed and advised to plunge into useless troubles. A "strike" may, therefore, be described as an arrangement between the workmen engaged in one or more works or collieries, &c., to give simultaneously legal notices to put an end to their respective contracts. It is, of course, intended thereby to put a powerful pressure on the interests of the employers. So powerful, indeed, is it, that in Belgium and some other countries it is made an offence so to apply it. In this country, however, the working men who follow this course are strictly within their rights.

The term conspiracy is divisible into three heads : (1) Where the end to be attained is in itself a crime.

(2) Where the object is lawful, but the means to be resorted to are unlawful.

(3) Where the object is to do an injury to a third party or a class, though if the wrong were inflicted by a single individual, it would be a wrong and not a crime. Reg. v. Parnell (No. 3), (14 Cox C. C. 508 Ir. Q. B. Div.).

CHAPTER XX.

CRIMINAL STATUTES RELATING TO COLLIERIES.

IN the year 1861 an Act of Parliament was passed entitled an 66 Act to Consolidate and Amend the Statute Law relating to Larceny and other similar Offences." This statute is our present criminal code, and contains all the principal enactments now in operation relating to offences connected with minerals and mines. First, as to larceny from mines, it is enacted by sect. 33 of the 24th & 25th Vict. c. xcvi., that "Whosoever shall steal or sever with intent to steal the ore of any metal, etc. . . or any coal, or cannel coal from any mine, bed, or vein thereof, respectively, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour," &c.

By the 17th sect. of the Act 24 & 25 Vict. c. xcvii. it is enacted that whosoever shall be convicted of unlawfully and maliciously setting fire to any stack of coals, charcoal, wood, &c., shall be liable to a similar punishment. By sect. 26 it is enacted that whosoever shall unlawfully and maliciously set fire

to any mine of coal or other mineral fuel shall be guilty of felony, and be liable to penal servitude for life, or other lesser punishments; and by sect. 27: Whosoever shall attempt to set fire to any mine under such circumstances, that, if the mine were thereby set on fire, the offender would be guilty of felony, and being convicted, shall be liable to penal servitude for fourteen years, or other minor punishments.

By sect. 28 of the same statute it is enacted that whosoever shall unlawfully and maliciously cause any water to be conveyed or run into any mine or into any subterraneous passage communicating therewith, with intent thereby to destroy or injure the mine, or to hinder or delay the working of it; or, with the like intent unlawfully and maliciously pull down, fill up, or obstruct or damage with intent to destroy, obstruct, or render useless any air-way, water-way, drain, pit, level, or shaft of or belonging to any mine, shall be guilty of felony; and, being convicted, shall be liable to penal servitude for seven years, or other minor punishments.

By sect. 29 of the same Act, it is enacted that whosoever shall unlawfully and maliciously pull down, destroy, or damage, with intent to destroy or render useless any steam-engine, or other engine for sinking, draining, ventilating, or working . . . any mine, or any appliance or apparatus in connection with any such steam or other engine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, or waggon-way, or trunk for conveying minerals from any mine (whether it be completed or unfinished), or unlawfully and maliciously stop, or