provide the prosecutor with all necessary food, clothing, or lodging. 2. The refusal or neglect of the defendant to provide the prosecutor with the same, as stated in the indictment. 3. That the prosecutor's life was thereby endangered by it, or his health permanently injured, or likely to be injured, by it, if it be decided that this forms any part of the definition of the offence. Vide supra, the note at the end of the above indictment. 28. False Imprisonment. Indictment. The jurors for our Lady the Queen, upon their oath present, that A. B., on the day of to wit. in the year of our Lord in and upon one C. D. unlawfully did make an assault, and him the said C. D. did then unlawfully and injuriously, and against the will of the said C. D., and without any legal warrant or authority, or any reasonable or justifiable cause whatsoever, imprison the said C. D.; against the peace of our Lady the Queen, her crown and dignity. Misdemeanor at common law; fine, imprisonment, or both. Evidence. To maintain this indictment, the prosecutor must prove— The imprisonment. The slightest detention of a party, or restraint of his personal liberty, against his will, is an imprisonment; and if that be done without lawful authority, it is technically termed false imprisonment. False imprisonment is therefore a mixed question of law and fact: whether there was a detention of the party, against his will, amounting to an imprisonment, is a question of fact; see Cant v. Parsons, 6 Car. & P. 504; and whether the authority under which it was effected, was lawful, or was such as did not justify the officer or gaoler, &c., in the detention, is a question of law, depending upon the circumstances of each particular case. But all the prosecutor has to prove is the imprisonment; for that is presumed to be unlawful, until the contrary is shown. It is for the defendant to justify it, by proving that it was lawful, as an arrest without warrant, see ante, p. 21. 1 Arch N. P. 512, 513, or an arrest under warrant, see ante, p. 30. 1 Arch. N. P. 510; or as an arrest under civil process, see 1 Arch. N. P. 507. Indictments for false imprisonment seldom occur in practice; it not being one of those misdemeanors in which the costs of the prosecutors and witnesses are allowed, the injured party usually prefers the civil remedy. See 1 Arch. N. P. 504. 29. Setting Spring Guns, &c. Indictment. The jurors for our Lady the Queen, upon their day of to wit. oath present, that A. B., on the in the year of our Lord did set and place ["set or place or cause to be set or placed"] a certain spring gun ["spring gun, mantrap, or other engine calculated to destroy human life, or inflict grievous bodily harm"] with intent that the same should destroy or inflict grievous bodily harm upon a trespasser or other person who should come in contact therewith: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [The statute makes it a misdemeanor to set spring guns, &c., with intent "or whereby " the same may destroy, &c. If a man actually receive bodily harm from it, it does not seem to be necessary to add another count stating it; but the fact of bodily harm being inflicted, will be evidence of the gun, &c., having been set with that intent. Misdemeanor. 7 & 8 G. 4, c. 18, s. 1. Fine or imprisonment, or both. Evidence. To maintain this indictment, the prosecutor must prove 1. The setting of the spring gun, mantrap, or other engine, as mentioned in the indictment; and that it was set by the defendant, or by his directions or orders, or if set by any other person, that the defendant continued it on his premises after he came into posession of them. 7 & 8 G. 4, c. 18, s. 3. The statute, however, does not prohibit the setting of spring guns, mantraps, &c.. in a dwelling-house, from sunset to sunrise, for the protection thereof. Id. 8. 4. Nor does it extend to the setting of any gun, or trap, such as is usually set for destroying vermin. Id. s. 2. 2. That the gun was so loaded and set, or the mantrap, &c., so set, as to be capable of destroying, or of inflicting grievous bodily harm. See ante, p. 266. 3. The intent to do grievous bodily harm. This may reasonably be implied from the nature of the instrument, the manner in which it was set, or from its having actually inflicted grievous bodily harm upon the prosecutor. 30. Administering Drugs, &c., to procure Abortion. Indictment. The jurors for our Lady the Queen upon their to wit. oath present, that A. B., on the day of with in the year of our Lord —, unlawfully and feloniously did administer to [or did cause to be taken by] a certain woman called C. D., a large quantity, to wit, of a certain noxious thing ["poison or other noxious thing"] called intent then and thereby to cause the miscarriage of the said C. D. against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add a second count, stating it to be “a certain noxious thing to the jurors unknown." Felony; transportation for life, or not less than fifteen years; or imprisonment [with or without hard labour, sect. 8] for not more than three years. 1 Vict. c. 85, s. 6. Accessories before the fact, are punishable in the same manner; accessories after the fact, by imprisonment [with or without hard labour, Id. s. 8] for not more than two years. Id. s. 7. As to costs, see ante, p. 186; costs of apprehension, see ante, p. 189. Evidence. To maintain this indictment, it is necessary to prove 1. That the defendant administered to the woman, C. D., the poison or other noxious thing mentioned in the indictment. In Cadman's case already noticed, ante, p. 257, which was a case of administering poison to a woman with intent to murder, it was holden that the poison could not be considered as administered, unless it were actually taken into the stomach; and as it there appeared that although the prisoner gave her the poison, and pressed her to take it, yet she merely put it into her mouth, and, suspecting it to be poison, spit it out again, -it was holden not to be an administering of poison within the statute on which the indictment in that case was framed, and it is probable that the same construction would be given to this statute. But if a person give savin or other noxious thing to a woman, to procure her miscarriage, and she then take and swallow it, it will be an administering of it, within the meaning of this indictment; or if she swallow it afterwards, even in the prisoner's absence, it should seem that it would satisfy the words "did cause to be taken " &c., in the above form. If it be proved that the poison or noxious thing was given to the woman, but the prosecutor fail in proving that she took it, the defendant, it should seem, may be convicted of an attempt to commit the offence, within stat. 14 & 15 Vict. c. 100, s. 9, ante, p 124. 2. That the thing administered, was the poison or noxious thing named in the indictment, which may be proved by the prisoner's admissions, or otherwise. Or if the indictment state it to be a certain noxious thing to the jurors aforesaid unknown, it may be proved to be noxious from its effects, or from the intent with which it was given. Where it was called in the indictment "a decoction of a certain shrub called savin," (which is produced by boiling the leaves), and the evidence was of an "infusion" (which is produced by pouring boiling water on the leaves of the shrub), Lawrence, J., held the variance to be immaterial, as they were ejusdem generis. R. v. Phillips, 3 Camp. 74. 3. The intent to procure the miscarriage of C. D. This may be proved from the admissions or acts of the prisoner, or from the effects of the medicine. See ante, pp. 119, 120. If the intent existed, it is little matter whether the drug had the intended effect, or even whether the woman at the time was with child; R. v. Goodchild, 2 Car. & K. 293; for the administering the drug or other thing with the intent stated, is the offence charged. If it also have the effect of killing the mother,- -or if the child be born alive, but die by reason of its premature birth,- -we have seen that the offence would amount to murder. Ante, p. 221. 31. Using Instruments to procure Abortion. Indictment. The jurors for our Lady the Queen, upon their -day of to wit. oath present, that A. B.. on the in the year of our Lord unlawfully and feloniously did use a certain instrument called a, by then [stating how it was used; the words in the statute are, "any instrument or other means whatsoever;" if by other means state them. See R. v. West, 2 Car. & K. 784]; with intent then and thereby to cause the miscarriage of the said C. D.: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add another count, stating it to be "a certain instrument to the jurors aforesaid unknown." The name of the woman will be stated, in stating the manner in which the instrument was used, and referred to afterwards as the “said C. D." Felony; transportation for life, or not less than fifteen years; or imprisonment [with or without hard labour, sect. 8], for not more than three years. 1 Vict. c. 85, s. 6. Accessories before the fact are punishable in the same manner; accessories after the fact, by imprisonment [with or without hard labour, Id. s. 8], for not more than two years. Id. s. 7. Evidence. To prove this indictment, it is necessary to prove— 1. The instrument, if described, and the use made of it by the prisoner, as mentioned in the indictment. 2. The intent with which it was used, as in the last case. 32. Concealing the Birth of a Child. Indictment. The jurors for our Lady the Queen, upon their to wit. Soath present, that A. B., on the day of in the year of our Lord -, being then big with a [male] child, was then delivered of the said child alive, and which said child then instantly died; and that after the said child had so died as aforesaid, to wit, on the day and year aforesaid, the said A. B. did endeavour to conceal the birth thereof, by secretly burying ["secret burying or otherwise disposing of"] the dead body of the said child: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. (Second count.) And the jurors aforesaid upon their oath aforesaid do further present that the said A. B., on the day and year aforesaid, being then big with a [male] child, was then delivered of the said last-mentioned male child, which said last-mentioned child was, at the time the said A. B. was so delivered of him, dead, and that the said A. B. did then endeavour to conceal the birth of the said last-mentioned child, by secretly burying the dead body of the same: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [If the concealment be by other means than secret burying, state them specially. Misdemeanor; imprisonment, with or without hard labour, for not more than two years. 9 G. 4, c. 31, s. 14. If the |