lated to give pain, except subject to the restrictions imposed by the Act: that is to say (amongst others of greater detail, for which we must refer the reader to the statute itself), unless the operator hold a licence from the secretary of state (n), and unless the experiment itself is not performed (unless after obtaining such special certificate as in the Act mentioned) as an illustration of lectures or for the purpose of attaining manual skill, but is performed with a view to the advancement, by new discovery, of physiological knowledge, or of knowledge which will be useful for saving or prolonging life or alleviating suffering. And it is, moreover, enacted that, even when so performed, the animal must (as the general rule) be under the influence of some anaesthetic of sufficient power to prevent it from feeling pain (o); and, lastly, there is a general provision making it in all cases illegal to admit the general public to witness such experiments (p). XVII. Taking up dead bodies from the place where they have been interred, for the purpose of dissection or otherwise, is also a misdemeanor at common law, and punishable with fine and imprisonment (9). And under this head (n) An application for a licence must be signed by one or more of the Presidents of the Royal Society, of the Royal Society of Edinburgh, of the Royal Irish Academy, of one of the Royal Colleges of Surgeons or Physicians, of the General Medical Council, of the Faculty of Physicians and Surgeons of Glasgow, or (in reference to veterinary experiments) of the Royal College of Veterinary Surgeons, or of the Royal Veterinary College, London; and, as the general rule, the application must also be signed by one of the several professors specified in the Act (39 & 40 Vict. c. 77, s. 11). (0) The Act contains special directions with respect to operations performed on dogs, cats, horses, asses and mules (39 & 40 Vict. c. 77, s. 5). (P) We may remark here, that by 44 & 45 Vict. c. 62, provision is made for the proper registration and admission of members of the Royal College of Veterinary Surgeons. (9) See Arch. Cr. Pr. 675; R. v. Lynn, 2 T. R. 733; 2 East's P. C. c. 16, s. 89; R. v. Duffin, R. & R. C. C. R. 365; The Queen v. Sharpe, 26 L. J. (M. C.) 47; 2 & 3 Will. 4, c. 75. may also be noticed the offence, of refusing to bury dead bodies by those whose duty it is so to do (r); which appears to be punishable by the temporal courts, (independently of ecclesiastical censures,) on indictment or information (s). XVIII. Refusing to serve a public office (such as that of constable or overseer), without lawful excuse or exemption, is also a misdemeanor at common law, punishable with fine and imprisonment (†). XIX. Lastly, under the general head of vagrancy and other disorderly conduct, may be classed a variety of offences against the public economy. The civil law expelled all sturdy vagrants from the city (u). And, in our own law, idle persons and vagabonds,-whom our antient statutes describe to be "such as wake on the night "and sleep on the day, and haunt customable taverns "and alehouses, and routs about; and no man wot from "whence they come, ne whither they go;" are more particularly described by statute 5 Geo. IV. c. 83, and are there divided into three classes, idle and disorderly persons, rogues and vagabonds, and incorrigible rogues (x). These are all offenders against the good order, and blemishes in (r) By 43 & 44 Vict. c. 41, s. 7 (Burial Laws Amendment Act), penalties are provided for the punishment of those persons who have obstructed the burials of those whose friends desire the omission of the Church of England burial service in a parish church yard. (s) Andrews v. Cawthorne, Willes, 527, n. a; and see Mastin v. Escott, decided May 8, 1841, by Sir H. Jenner Fust; and Kemp v. Wickes, 2 Phil. Rep. 264. As to the interment of dead bodies cast on shore from the sea, see 48 Geo. 3, c. 75. (t) Arch. Cr. P. 769. See R. v. Poynder, 1 B. & C. 178; R. v. Bower, ib. 587. (u) 4 Bl. Com. p. 169, citing Nov. 80, c. 5. (x) The statute particularly defines the persons who are to come within one or other of these three general appellations, but the enumeration is too long for insertion. By other Acts, also, persons committing particular offences of various kinds are to be deemed idle and disorderly persons, &c., within the statute of Geo. 4, and may be punished accordingly. See 1 & 2 Vict. c. 38; 29 & 30 Vict. c. 113, s. 15; 34 & 35 Vict. c. 112, s. 15; 36 & 37 Vict. c. 38. the government, of any kingdom, and they may be proceeded against under the 4th section of the above statute; and, if convicted, may be punished as follows (y); that is (y) We may remark here, that two classes of offenders seem to be now punishable under the Act of Geo. 4, who were formerly treated by our law with much more severity. 1. Idle soldiers and marines, or persons pretending to be soldiers or marines, wandering about the realm. Such persons were deemed under the statute 39 Eliz. c. 17, (repealed by 52 Geo. 3, c. 31,) to be ipso facto guilty of a capital felony. 2. Outlandish persons calling themselves Egyptians or Gypsies. Against these, provisions were made by 1 & 2 Ph. & M. c. 4, and 5 Eliz. c. 20; by which, if the gypsies themselves, or if any person, being fourteen years old, who had been seen or found in their fellowship, or had disguised himself like them, remained in this kingdom one month, it was felony; and we are informed by Sir M. Hale (1 Hale, P. C. 671), that at one Suffolk assizes no less than thirteen gypsies were executed upon these statutes. But they are now repealed by 23 Geo. 3, c. 51, and 1 Geo. 4, c. 116. (See also 19 & 20 Vict. c. 64.) Blackstone remarks (vol. iv. p. 165), as to gypsies, that "they are a strange "kind of commonwealth among "themselves of wandering im"postors and jugglers, who were "first taken notice of in Germany "about the beginning of the fif"teenth century, and have since pelled from France in the year "1560, and from Spain in 1591. "And the government in England "took the alarm much earlier; for "in 1530 they are described by "statute 22 Hen. 8, c. 10, as out"landish people calling themselves Egyptians, using no craft nor feat "of merchandize, who have come "into this realm and gone from "shire to shire, and place to place, "in great company, and used great "subtle, and crafty means to de"ceive the people; bearing them "in hand, that they by palmestry "could tell men and women's for“tunes; and so, many times, by "craft and subtilty have deceived "the people of their money, and to say,-"idle and disorderly persons," with one month's imprisonment, and hard labour: "rogues and vagabonds,' with three months' imprisonment, and hard labour: while "incorrigible rogues," may be committed to the next sessions of the peace, and kept to hard labour in the interim and may be further punished, if convicted at the sessions, with imprisonment and hard labour for one year, and with whipping, except in the case of females (≈). "also have committed many h heinous "felonies and robberies." Much more recent information, however, as to the origin and history of the gypsies will be found in the work of Mr. Borrow, called "Zincali," published in 1841. () By 5 Geo. 4, c. 83, s. 13, houses of reception for travellers may be searched for vagrants, &c., and the suspected parties may be carried before a magistrate. (See also 34 & 35 Vict. c. 112, ss. 15, 16.) CHAPTER VIII. OF OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE AND THE MAINTENANCE OF PUBLIC ORDER. We are now arrived, according to the arrangement before laid down, at the consideration of offences affecting the administration of justice and the maintenance of public order (a). Of these, some are felonious, others only misdemeanors. I. The first which we shall mention, is the stealing, injuring, forging, or falsifying any public record, whether it be of what has taken place in a court of justice or otherwise; all of which practices, are high offences. For no man's property would be safe if records might be suppressed or falsified, or persons' names be falsely usurped in courts (b). With regard to the stealing or injuring the records of the courts, this is specifically provided against by 24 & 25 Vict. c. 96, s. 30; and it is thereby made a felony, punishable by penal servitude to the extent of five years (c), or imprisonment for not more than two years, with or without hard labour and solitary confinement, to steal or fraudulently take from its proper deposit or custody, -or maliciously to cancel, obliterate, injure or destroy,any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatever, belonging to any court of record or equity, or relating to any matter in such court (d). (a) Vide sup. p. 2. (b) 4 Bl. Com. p. 128. (c) See 27 & 28 Vict. c. 47. (d) If the court trying such offence shall think fit, it may also bind over the offender to keep the peace. (24 & 25 Vict. c. 96, s. 30.) |