bodily harm to any person, with intent to commit murder, shall be guilty of felony, and on conviction may be sentenced to penal servitude for life, or for not less than three years, or imprisonment for any term not exceeding two years, with or without hard labour and solitary confinement.

Explain the Felonies that cause or tend to cause Danger to Life or Bodily Harm.

I. Mayhem (to maim) is a civil injury, but it is also looked upon in a criminal light, being an atrocious breach of the peace, for mayhem (mayhemium) is properly defined to be the violently depriving another of the use of such of his members as may render him the less able in fighting either to defend himself or to annoy his adversary. By the ancient law of England, he that maimed any man, whereby he lost any portion of his body, was sentenced to lose the like part-membrum pro membro. The Act now in force is 24 & 25 Vict., c. 100, which enacts that whosoever shall unlawfully and maliciously, by any means whatsoever, wound or cause any grievous bodily harm to any person, or shoot at any person, or by drawing a trigger, or in any other manner attempt to discharge any kind of loaded arms at any person, or with intent to maim, disfigure, or disable, or to do some grievous bodily harm to any person; or with intent to resist or prevent the lawful apprehension or detainer of any person, he shall be guilty of felony, and on conviction may be sentenced to penal servitude for life, or for not less than five years, or imprisonment for any term not exceeding two years, with or without hard labour. And in cases of garrotting or robbery with violence, flogging is added to the punishment.

II. The second offence more immediately affecting the personal security of individuals relates to the female part of Her Majesty's subjects, being that of their forcible abduction and marriage. Formerly it was a capital offence, but these enactments are repealed, and by 24 & 25 Vict., c. 100, it is enacted that where any woman, of any age, shall have any interest in any real or personal estate, or shall be an heiress presumptive, or co-heiress, it shall be felony in any person who shall take away or detain her against

her will, with intent to marry her or carnally know her; or who shall cause her to be married or carnally known by any other person, and the offender is punishable by penal servitude for fourteen years, or not less than five; or by imprisonment for not less than two years, with or without hard labour. The same

punishment is awarded to whomsoever shall by force take away or detain against her will a woman of any age with a similar intent.

Unlawfully taking, or causing to be taken, any unmarried girl, under the age of sixteen years, out of the possession and against the will of her father and mother, or of any other person having the lawful care or charge of her, is punishable by imprisonment for not more than two years, with or without hard labour.

Rape, raptus mulierum, is the gravest offence against the female portion of Her Majesty's subjects, and by the civil law was punished with death and confiscation of goods, and continued to be punishable with death until the year 1841. Now, by stat. 24 & 25 Vict., c. 100, it is enacted that "whosoever shall be convicted of the crime of rape shall be guilty of felony, and liable to be kept in penal servitude for life, or imprisoned for any term not exceeding two years, with or without hard labour." A person present, aiding and abetting, may be charged as principal either in the first or second degree.

Abusing any girl under the age of twelve years, or an indecent assault upon a female, or attempt to have carnal knowledge of a girl under twelve years of age is punishable with imprisonment for not more than two years, with or without hard labour.

A male infant, under the age of fourteen years, is presumed by law to be physically incapable of committing a rape, and therefore cannot be found guilty of it.

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Assaults, batteries, wounding, false imprisonment, and kidnapping were previously considered as civil injuries,* being PRIVATE WRONGS, for which a satisfaction or remedy is given to the party aggrieved; but taken in a public light, these offences are breaches of the peace, and are also indictable and punishable with fine and imprisonment.

* See 16 & 17 Vict., c. 30; also 24 & 25 Vict., c. 100.

OFFENCES AGAINST PROPERTY.

The next species of offences against private subjects are such as more immediately affect their property, and are chiefly made punishable by statute:-1. Maliciously setting fire to buildings and other things.-2. Burglary and housebreaking.-3. Larceny - embezzlement-fraudobtaining property by false pretences, and other offences injurious to the "Rights of Property."

What are the Two Offences that more immediately affect the Habitations of Individuals, and explain them?

I. Arson and Burglary.* Arson, ab ardendo, is the malicious and wilful burning of the house or outhouse of another man, which is an offence of very great malignity, and may be more destructive than murder itself; for murder, atrocious as it is, seldom extends beyond the felonious act designed, whereas fire may involve in a common calamity persons unknown to the incendiary. In order to constitute the crime of arson, the burning must be malicious, and the punishment by our ancient Saxon laws was death. Now, by stat. 24 & 25 Vict., c. 97, it is felony to attempt by any overt act to maliciously burn an outhouse, barn, or stable, or setting fire to a crop of hay, corn, plantation, or other vegetable produce, whether standing or cut down; and punishable by penal servitude for not more than seven, nor less than five years, or imprisonment for not more

* See 24 & 25 Vict., cc. 96-98, Acts to consolidate and amend the Statute Law of England and Ireland relating to larceny, malicious injuries to property, forgery, and other similar offences.

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than two years with or without hard labour, and with or without solitary confinement; and if a male under the age of sixteen, with or without whipping. And the same statute enacts that setting fire to any dwelling-house is punishable by penal servitude for life, or not less than five years; or imprisonment for not more than two years, with or without hard labour, and with or without solitary confinement; and if a male under the age of sixteen years, with or without whipping.

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II. Burglary, or nocturnal housebreaking, burgi latrocinium, is a very heinous offence, not only by the terror that it carries with it, but also as it is a forcible invasion and disturbance of that right of habitation which the law of England will never suffer to be violated with impunity.

The definition of a burglar, as given by Sir Edward Coke, is "he that by night breaketh and entereth into a mansion-house with intent to commit a felony."

In this definition there are four things to be considered :—the time, the place, the manner, and the intent. The time must be by night, for in the daytime there is no burglary; and stat. 24 & 25 Vict., c. 96, enacts "that night shall be deemed to commence at nine o'clock in the evening, and to conclude at six o'clock in the morning."

As to the place. It must be in a mansion or dwelling-house, or in some building communicating with such a dwelling-house. A chamber in a college, or an inn of court, where each inhabitant has a distinct property, is to all purposes the mansion-house of the owner; so is a room or lodging in any private house; but if I hire a shop, parcel of another man's house, and work or trade in it, but never sleep there, it is no dwelling-house, nor can burglary , be committed therein; neither can burglary be committed in a tent or booth erected in a market or fair, though the owner may lodge therein, for the law regards only permanent edifices.

As to the manner of committing burglary, there must be both a breaking and an entry to complete it; not a mere legal clausum fregit-an ideal boundary which may constitute a civil trespass; but a substantial and forcible irruption, as at least by breaking

or taking out the glass of or otherwise opening, a window, picking a lock, or opening it with a key; by lifting the latch of a door, or unloosing any other fastening which the owner has provided. If a person, however, leaves his door or window open, and if a man enters therein, it is no burglary; but if the man afterwards unlocks an inner or chamber door, it is so. If a servant opens and enters his master's chamber door with a felonious design, or if any other person lodging in the same house, or in a public inn, opens the door and enters with such evil intent, it is burglary. In fact, any forcible entry at night, with a felonious intent, is burglary; but such breaking and entry must be with a felonious intent, otherwise it is only a trespass. Should a man enter a house and hide himself therein and break out at night, that also constitutes burglary.

Burglary is now punishable with penal servitude for life, or for any term not less than five years; or with imprisonment for not more than two years with or without hard labour, and with or without solitary confinement.

Housebreaking is closely allied to the crime of burglary. Breaking and entering any dwelling-house, shop, warehouse, or place of divine worship with intent to commit a felony therein is punishable by penal servitude for not more than fourteen, nor less than five years; or imprisonment for not more than two years with or without hard labour, and with or without solitary confinement.

It is further provided, that any one found by night, having in his possession, without lawful excuse, any dangerous or offensive weapon, or found in any dwelling-house or other building with an unlawful intent, shall be guilty of a misdemeanor, and punishable by penal servitude for five years, or imprisonment for not more than two years with or without hard labour.

Explain Larceny.

Larceny, or theft (latrocinium), is the unlawful taking and carrying away things personal, with intent to deprive the right owner of the same.

To constitute larceny there must be an unlawful taking