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we must refer the reader to the Acts themselves, enact, 1. That any one (not being a public department, or its contractors, officers or workmen, or some other person with lawful authority,) who shall apply in or on any of her Majesty's stores the broad arrow, or other royal mark,— shall be guilty of a misdemeanor, and liable to imprisonment for not more than two years, with or without hard labour (r). 2. That any person, who, with intent to conceal her Majesty's property in such stores, shall take out, destroy or obliterate any such mark,-shall be guilty of felony, and liable to penal servitude for any term not exceeding seven years, or to imprisonment for not more than two years, with or without hard labour (s).

Moreover, by 12 Geo. III. c. 24, to set on fire, burn or destroy any of her Majesty's ships of war, (whether built, building or repairing,) or any of the arsenals, magazines, dockyards, ropeyards, or victualling offices of the Crown, or materials thereto belonging, or any military, naval or victualling stores or ammunition; or to aid, procure, abet or assist in any of such offences,-is made a felony punishable with death (t).

XIII. The offence of serving foreign states (u), which service is generally inconsistent with allegiance to one's natural prince, is now restrained and punishable by the 33 & 34 Vict. c. 90 (the Foreign Enlistment Act, 1870),

(r) 38 & 39 Vict. c. 25, s. 4. (8) Sect. 5.

(t) No other description of criminal firing, &c. is now a capital offence (vide sup. p. 107). The provision in the text, however, is still in force; though under 4 Geo. 4, c. 48, judgment of death in such case may be ordered to be recorded in place of pronouncing it in open Court, and the effect of this is to save the offender's life. In reference to this provision of 12

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Geo. 3, the report of the Criminal Code Bill Commission observes (p. 19), that the proceeding of recording a sentence of death under 4 Geo. 4, c. 48, and not putting it into execution, is an objectionable one; and that, in this particular case, it would be better to make the offence only punishable as arson, viz. by penal servitude for life as a maximum punishment.

(u) As to receiving a pension from a foreign prince, vide post, p. 209.

which provides that if any British subject, without the licence of her Majesty (x), shall accept any commission in the military or naval service of any foreign state at war with any foreign state at peace with her Majesty, or, as the Act expresses it, "with any friendly state,❞—or shall induce any other person so to do-or shall quit or attempt to quit her Majesty's dominions, with the intention of accepting such commission ;-he shall, in any of the above cases, be punishable by fine or imprisonment, to the extent of two years, or both (y). And further, that if any person within her Majesty's dominions, (without licence from the Crown first obtained,) shall build or equip any ship for the service of any foreign state at war with a friendly state, or shall issue any commission for any such ship, or shall increase the number of her guns or equipment for war, or shall be concerned in augmenting her warlike force ;— such offender shall also be guilty of a misdemeanor, and may be punished in the same manner (z).

Moreover, by the same Act, any ship violating the provisions thereof may be detained, either by the local authority, as defined therein, or by the order of the secretary of state or the chief executive authority (a).

XIV. The offences of desertion or seducing to desert, from the army or navy (b).

These offences are now mainly provided against by the

(2) A licence for this purpose may either be under the royal sign manual, or by order in council, or by proclamation. (33 & 34 Vict. c. 90, s. 15.)

(y) Sect. 13. The imprisonment may be either with or without hard labour. (Sects. 4, 5, 6.)

() As to these enactments of our municipal law (of which only the more important are referred to in the text) in reference to the law of nations, vide post, p. 221.

The statute of 33 & 34 Vict. c. 90, is in substitution of an Act on the same subject (59 Geo. 3, c. 69). There was a still earlier one (3 Jac. 1, c. 4), the penalties of which were repealed by 9 & 10 Vict. c. 59. (a) 33 & 34 Vict. c. 90, ss. 21—

23.

() As to seamen or apprentices deserting from the merchant service, see 17 & 18 Vict. c. 104, s. 243, and 43 & 44 Vict. c. 16, s. 10.

29 & 30 Vict. c. 109 (the Naval Discipline Act, 1866), and by the 44 & 45 Vict. c. 58 (the Army Act, 1881), by which statutes (when the offender is subject to their provisions) he may be tried by a court-martial, who may inflict such punishment as is specified therein (c).

In addition, however, to the above Acts there is a statute 37 Geo. III. c. 70 (d), which enacts that any person maliciously endeavouring to seduce any person, serving in the Royal forces by sea or land, from their allegiance; or stirring up any such persons to mutiny or to any traitorous or mutinous practice;-shall be guilty of felony. Under this Act he was made punishable with death; but by the effect of later statutes, he is now liable, if convicted under its provisions, to penal servitude for life, or any term not less than five years; or to be imprisoned, with or without hard labour or solitary confinement, for any term not more than two years (e).

XV. Another class of offences ranging itself under the present head, is that of administering unlawful oaths; or of being engaged in illegal societies.

It is enacted by 37 Geo. III. c. 123, that whoever shall administer or cause to be administered, or shall be present at and consenting to the administering of,—or shall himself take,-any oath or engagement intended to bind any person in any mutinous or seditious purpose; or to bind him to belong to any seditious society or confederacy; or to obey any committee, or any person not having legal authority for that purpose; or not to give evidence against any confederate or other person; or not to discover any

(c) As to these statutes, vide sup. vol. I. p. 591, 597. And as to desertion from the army or militia reserve, see 45 & 46 Vict. c. 48, sects. 1517.

(d) This Act, at first temporary only, was made perpetual by 57

Geo. 3, c. 7. A statute on this subject, 1 Geo. 1, st. 2, c. 47, was repealed by 30 & 31 Vict. c. 59.

(e) 7 Will. 4 & 1 Vict. c. 91; 9 & 10 Vict. c. 24; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict.

c. 47.

"unlawful combination" or illegal act, or illegal oath or engagement, shall be guilty of felony; and he may be sentenced to penal servitude for not more than seven nor less than five years (ƒ).

And further, that to have taken such oath or engagement under compulsion shall be no excuse, unless the person compelled shall within four days after he has an opportunity disclose the whole of the case to a justice of the peace; or, in the case of a soldier or seaman, to his commanding officer.

Moreover, by 39 Geo. III. c. 79; 52 Geo. III. c. 104; and 57 Geo. III. c. 19;-all societies are to be deemed unlawful combinations of which the members shall take such oaths or engagements as are expressly prohibited by 37 Geo. III. c. 123, or are not required by law, or of which the members shall subscribe any unauthorized test or declaration; as well as all societies which shall comprise members whose names shall be unknown to the society at large, and societies consisting of different branches, which shall elect committees or delegates to communicate with other societies; and persons becoming members of such unlawful combinations, or aiding, abetting, or supporting the same, may be either proceeded against by way of summary conviction before justices, or they may be prosecuted by indictment,-in which case they may be sentenced to penal servitude for not more than seven nor less than five years, or imprisoned for any time not exceeding two years (g). On the other hand, regular lodges of Freemasons, societies duly established under the statutes in force relating to friendly societies (h), meetings of Quakers, and meetings of a religious or charitable nature only, do not come within the prohibiting enactments of the

(f) 37 Geo. 3, c. 123, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47.

(g) See 39 Geo. 3, c. 79; 52 Geo. 3, c. 104; 57 Geo. 3, c. 19; 9 & 10

Vict. c. 33; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47.

89.

(h) Vide sup. vol. 1. pp. 85

Acts; and such of their provisions as relate to oaths and engagements do not extend to any form of declaration. approved by two justices, and registered as in the Acts provided.

By one of the above Acts, viz. by 52 Geo. III. c. 104, it is also provided that every person who shall administer or cause to be administered, or be aiding or assisting in the administration of, any oath or engagement intending to bind the party sworn to the commission of any treason, murder or capital felony,―shall be guilty of felony; and he may be sentenced to penal servitude for life, or for not less than five years, or be imprisoned, with or without hard labour and solitary confinement, for any term not more than two years (i). And it is further enacted, that every person taking such oath or engagement, (not being compelled,) shall also be guilty of felony, and liable to penal servitude for life, or such time as the court may direct; and that compulsion shall be no excuse, unless the party compelled makes discovery of the case within fourteen days (k).

XVI. There are also certain miscellaneous contempts against the royal prerogative, not properly falling under any of the preceding heads. [Such as, 1. Concealing treasure trove, which, (as we have elsewhere explained,) belongs to the sovereign or his grantees by prerogative royal (1) ; and the concealment of which was formerly punishable by death (m), but now only by fine and imprisonment (n). 2. Preferring the interests of a foreign potentate to those of our own, or doing or receiving anything that may create an undue influence in favour of such extrinsic power; as by taking a pension from any foreign prince

(i) 52 Geo. 3, c. 104; 7 Will. 4 & 1 Vict. c. 91; 9 & 10 Vict. c. 24, s. 1; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47.

VOL. IV.

() 52 Geo. 3, c. 104, ss. 1, 2.
() Vide sup. vol. II. p. 549.
(m) Glanv. 1. 1, c. 2.
(n) 3 Inst. 133.

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