(9.) Goes about as a gatherer or collector of alms, or endeavours to procure charitable contributions of any nature or kind under any false or fraudulent pretence; or

(h.) Runs away and leaves his wife and his or her child or children chargeable, or whereby she or they or any of them become chargeable to any parish, township, or place; or

(i.) 1 Plays or bets* in any street, road, highway, or other open and public place,† at or with any table or instrument of gaming, at any game or pretended game of chance; or

(j) Has in his custody or possession any picklock, key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coachhouse, stable, or outbuilding; or

(k.) Is armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or has upon him any instrument with intent to commit any felonious act; or

(7.) Is found in or upon any dwelling-house, warehouse, coachhouse, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose; or

(m.) Is a suspected person or reputed thief frequenting any river, canal, or navigable stream, dock or basin, or any quay, wharf, or warehouse, or any avenue leading thereto, or any street, or any highway, or any place adjacent to a street or highway, with intent to commit felony;

2 In proving the intent to commit a felony it is not necessary to shew that the person suspected was guilty of any particular act tending to shew his purpose or intent, and he may be convicted if, from the circumstances of the case, and from his known character as proved to the Court or justice before whom or which he is brought, it appears to such Court or justice that his intent was to commit a felony; or

(n.) Being apprehended as an idle and disorderly person, violently resists any constable or other peace officer, so appre

1 36 & 37 Vict. c. 38, s. 3, re-enacts this provision, adding at *“ "by way of wagering or gaming," at t" or in any open place to which the public have or are permitted to have access," and at "or any coin, cash, token, or other article used as an instrument of such wagering or gaming."

2 34 & 35 Vict. c. 112, s. 15.

hending him, and is subsequently convicted of the offence for which he was so apprehended; or

1

(o.) 1 Who, being a pauper, wilfully destroys or injures his own clothes, or damages any of the property of the guardians.

ARTICLE 194.

INCORRIGIBLE ROGUES.

2 An incorrigible rogue is a person who

(a.) Breaks or escapes out of any place of legal confinement before the expiration of the term for which he is committed under Article 193; or

(b.) Is convicted as a rogue and vagabond after being previously so convicted; or

(c.) Being apprehended as a rogue and vagabond, violently resists any constable or peace officer so apprehending him, and is subsequently convicted of the offence for which he was apprehended.

ARTICLE 195.

PUNISHMENT OF ROGUES, VAGABONDS, ETC.

3 Every one convicted before a justice of the peace Of being an idle and disorderly person may be imprisoned with hard labour for any term not exceeding one month;

Of being a rogue and vagabond may be imprisoned with hard labour for any term not exceeding three months;

Of being an incorrigible rogue must be committed to prison and kept to hard labour till the next general or quarter sessions of the peace;

At the said sessions the justices may order such offender to be further committed to prison and to be there kept to hard labour for any term not exceeding one year, and if a male to be whipped.

1 34 & 35 Vict. c. 108, ss. 7, 10.

25 Geo. 4, c. 83, s. 5.

3 Ibid. ss. 3, 4, 5.

* PART V.

OFFENCES AGAINST THE PERSON, THE CONJUGAL AND PARENTAL RIGHTS, AND THE REPUTATION

CASES IN WHICH INFLICTION OF BODILY INJURY
IS NOT CRIMINAL.

ARTICLE 196.

EXCEPTIONS TO REST OF PART V.

THE contents of Part V. are to be taken to be subject to the provisions contained in this chapter.

ARTICLE 197.

EXECUTION OF LAWFUL SENTENCES.

1 The intentional infliction of death or bodily harm is not *Note VII. See also 3 Hist. Cr. Law, ch. xxvi, and xxvii. pp. 1-120. 11 Hale, P. C. 497; Foster, 267: 1 Hawk. P. C. 80; 1 East, P. C. 332-4. These authorities contain (inter alia) discussions as to varying the form of punish

a crime when it is done in the execution, in the manner prescribed by law by a person whose duty it is to execute it, of a lawful sentence duly passed by a competent Court.

A Court which, but for some formal defect in its authority or in its proceedings, would have had jurisdiction to pass a sentence, is deemed for the purposes of this Article. to be a competent Court; but a Court which has by law no jurisdiction at all over the case in which sentence is passed is not deemed to be a competent Court, and a mistaken belief on the part of the judge, or of the officer who executes the sentence, that it is competent, does not justify or excuse his act.

Illustrations.

(1.) 1A sits under a commission of gaol delivery. The officer forgets to adjourn the Court at the end of the first day's sitting. This determines the commission. On the following day A sits again, and sentences a felon to death, who is duly executed by B. Neither A nor B is guilty of murder or manslaughter, though the proceedings are irregular.

(2.) 2A, a lieutenant or other having commission of martial authority in time of peace, causes B to be hanged by C by colour of martial law. This is murder in both A and C.

ARTICLE 198.

SUPPRESSION OF RIOTS.

3 The intentional infliction of death or bodily harm is not a crime when it is done either by justices of the peace, peace

ment (as by substituting beheading for hanging) little likely to be of practical value. Draft Code, ss. 25 and 28.

1 Per Lord Hale, 1 Hale, P. C. 499.

2 Coke, 3rd Inst. 52; 1 Hale, P. C. 499, 500. The whole subject of martial law underwent full discussion in connection with the execution of Mr. Gordon by a court martial in Jamaica in 1865. An elaborate history of the case has been published by Mr. Finlason, and the charge to the grand jury, delivered at the Central Criminal Court by the Lord Chief Justice of England, has been published in a separate form. I know not whether the charge to the grand jury of Middlesex, delivered by Lord (then Mr. Justice) Blackburn, has been published or not. Much information on the subject will be found in Forsyth's Cases and opinions on Constitutional Law, pp. 484-563. Mr. Forsyth prints, inter alia, an opinion given by the late Mr. Edward James, Q.C., and myself, in 1866, see pp. 551–563; and see Phillips v. Eyre, L. R. 6 Q. B. 11.

See the charge of Tindal, C.J., to the grand jury of Bristol in 1832, printed in a note to R. v. l'inney, 5 C. & P. 261, and quoted and approved in Phillips v.

officers, or private persons, whether such persons are, and whether they act as, soldiers under military discipline or not for the purpose of suppressing a general and dangerous riot which cannot otherwise be suppressed.

ARTICLE 199.

PREVENTION OF THE COMMISSION OF CRIMES AND ARREST OF

CRIMINALS.

The intentional infliction of death or bodily harm is not a crime when it is done by any person

1in order to prevent the commission of treason, murder, burglary, rape, robbery, arson, piracy, or any other felony in which the traitor, felon, or pirate so acts as to give the person who kills or wounds him reasonable ground to believe that he intends to accomplish his purpose by open force;

2 or, in order to arrest a traitor, felon, or pirate, or retake or keep in lawful custody a traitor, felon, or pirate who has escaped, or is about to escape, from such custody, although such traitor, felon, or pirate offers no violence to any person; 3or, when it is done by a constable, or other officer of justice, in order to execute a warrant of arrest for treason or

3

Eyre, L. R. 6 Q. B. 15 (Court of Exchequer Chamber). The proper course in such cases is for the civil magistrate to direct and control what is done, but this is not absolutely necessary. The Riot Act (1 Geo. 1, st. 2, c. 5, see Article 74) authorizes in express terms the dispersion of rioters who continue riotously assembled together for more than an hour after the proclamation made, and indemnifies the persons concerned if any of the rioters should be killed; but this Act appears to be narrower than the common law as laid down by Tindal, C.J. See Draft Code, ss. 49, 50.

1 Coke, 3rd Inst. 55; 1 Hale, P. C. 486-7; Foster, 273 (more fully and satis factorily); 1 Hawk. P. C. 82 (rather confusedly); 1 East, P. C. 271-4 (best and most fully stated); 1 Russ. Cr. 5th ed. 84 or 52 (taken substantially from East). Piracy is not mentioned by the authorities, but see 8 Geo. 1, c. 24, s. 6. Article 112. Draft Code, s. 54.

2 Coke, 3rd Inst. 56; 1 Hale, P. C. 489; 1 Hawk. P. C. 81; Foster, 270-1; 1 East, P. C. 298-302. Draft Code, ss. 32-46.

3 Coke, 3rd Inst. 55; 1 Hale, P. C. 490; 1 Hawk. P. C. 81; 1 East, P. C. 298302. It must be observed that this Article is confined to the intentional infliction of death or bodily injury. If the death or injury is not an intended or probable consequence of the act, the case is provided for under Articles 210, 222.