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Illustrations.

(1.) A takes a false oath before a surrogate in order to obtain a marriage licence. A commits a misdemeanor.

(2.) 2 A takes a false oath before commissioners appointed by the king to inquire into cases in which a royal grant was required to confirm title to lands. A commits a misdemeanor.

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(3.) 3 A swears a false affidavit under the Bills of Sale Act (17 & 18 Vict. c. 36). A commits a misdemeanor.

ARTICLE 139.

FORGING INSTRUMENTS OF EVIDENCE AND TENDERING THEM IN

PROOF.

Every one commits felony and is liable, upon conviction thereof, to a maximum punishment of seven years penal servitude, or to a maximum of three, and a minimum of one year's hard labour, who does any of the following things (that is to say),

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(a.) Forges the seal, stamp, or signature of any such certificate, official, or public document, or document or proceeding of any corporation or joint stock or other company as is mentioned or referred to in the preamble to 8 & 9 Vict. c. 113, or of any document referred to in 14 & 15 Vict. c. 99, or any certified copy of any document, bye-law, entry in any register, or other book or other proceeding in the first mentioned Act referred to.

(b.) Tenders in evidence any such document knowing the same to be false and counterfeit.

(c.) Forges the signature of any judge of the Supreme Court attached or appended to any decree, order, certificate, or other judicial or official document.

(d.) Prints any copy of any private Act or of the journals of either House of Parliament, falsely purporting to have been printed by the printers to the Crown, or to either House of Parliament.

1 Chapman's Case, 1 Den. C. C. 432.

2 Hobart, 62. This case is given by Hawkins, 1 P. C. 430, as an instance of perjury in a proceeding not judicial; but this, I think, is a misconception. 3 R. v. Hodgkiss, L. R. 1 C. C. R. 212.

48 & 9 Vict. c. 113, s. 4, and see my Digest of the Law of Evidence, Art. 79. See Draft Code, s. 125.

(e.) Tenders in evidence any such copy, knowing it not to have been printed by the person by whom it purports to have been printed.

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ARTICLE 140.

OFFICERS GIVING FALSE CERTIFICATES.

Every one commits a misdemeanor, and is liable, upon conviction thereof, to a maximum punishment of eighteen months imprisonment, who

Being an officer, required or authorized, by 14 & 15 Vict. c. 99, to furnish any certified copy under that Act, wilfully certifies any document as being a true copy or extract, knowing that the same is not a true copy or extract.

ARTICLE 141.

MAINTENANCE.

2 Maintenance is the act of assisting the plaintiff in any legal proceeding in which the person giving the assistance has no valuable interest, or in which he acts from any improper motive.

Champerty is maintenance in which the motive of the maintainor is an agreement that if the proceeding in which the maintenance takes place succeeds, the subject-matter of the suit shall be divided between the plaintiff and the maintainor.

Buying or selling a pretended title is buying or selling lands, of which the title is known to be in dispute, below the value which they would have if the title was not in dispute, and to the intent that the buyer may carry on the suit in place of the seller.

1 14 & 15 Vict. c. 100, s. 15.

21 Russ. Cr. (5th ed.) 357-60. As to barratry, 362-3. See also 1 Hawk. P. C. 454-466, and Note III. in Appendix. See also 3 Hist. Cr. Law, 234-40. The old Statute of Conspirators, 33 Edw. 1, and many other ancient statutes (3 Edw. 1, c. 18; 13 Edw. 1, c. 49; 1 Edw. 3, st. 2, c. 14; 20 Edw. 3, c. 4; 1 Ric. 2, c. 4; 7 Ric. 2, c. 15; 32 Hen. 8, c. 9; 4 Edw. 3, c. 11) refer to these offences, but do not throw much light on their nature.

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A common barrator is one who habitually moves, excites, or maintains suits or quarrels, either at law or otherwise.

Whoever commits maintenance, or champerty, or buys or sells a pretended title, or is a common barrator, is guilty of a misdemeanor.

Every person who practices as a solicitor or agent in any suit or action, after having been convicted of forgery, perjury, or common barratry, is liable to seven years penal servitude as a maximum punishment, upon an order to be made by the judge or judges of the Court in which the suit or action was brought, who must upon complaint or information examine the matter in a summary way in open court.

2 Every one who sues any person in the name of a fictitious plaintiff, or in the name of a real person, but without his authority, commits a misdemeanor, and must, upon conviction thereof, be imprisoned for six months.

ARTICLE 142.

CONSPIRACY TO DEFEAT JUSTICE-DISSUADING WITNESSES FROM

TESTIFYING.

Every one commits a misdemeanor who

(a.) Conspires with any other person to accuse any person falsely of any crime, or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or

(b.) In order to obstruct the due course of justice, dissuades, hinders, or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

(c.) 5 Obstructs or in any way interferes with, or knowingly prevents the execution of any legal process, civil or criminal.

1 12 Geo. 1, c. 29, s. 4.

218 Eliz. c. 5, s. 4 (redrawn and modernised).

3 Every person convicted of an offence against clause (a.) is liable to be sentenced to hard labour. Wright on Conspiracies, 30; 14 & 15 Vict. c. 100, s. 29; cf. Draft Code, ss. 126, 7, 8.

41 Hawk. P. C. 64; R. v. Lady Lawley, Strange, 904; and see 5th Rep. C. L. C. Art. 57.

5 Cases collected in 1 Russ. Cr. 569-71.

CHAPTER XV.

ESCAPE-RESCUE-PRISON-BREACH-MISPRISIONS—

COMPOUNDING OFFENCES.

ARTICLE 143.

VOLUNTARY PERMISSION BY OFFICERS OF ESCAPES BY PRISONERS.

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EVERY one who knowingly, and with an intent to save him from trial or execution, permits any person in his lawful custody to regain his liberty, otherwise than in due course. of law, commits the offence of voluntary escape; and

Is guilty of high treason if the escaped prisoner was in his custody for and was guilty of high treason;

Becomes an accessory after the fact to the felony of which the escaped prisoner was guilty, if he was in his custody for and was guilty of felony; and

Is guilty of a misdemeanor if the escaped prisoner was in his custody for and was guilty of a misdemeanor.

ARTICLE 144.

NEGLIGENT PERMISSION BY OFFICERS OF ESCAPES BY PRISONERS.

2 Every one is guilty of the misdemeanor called negligent escape who, by the neglect of any duty, or by ignorance of the law, permits a person in his lawful custody to regain his liberty otherwise than in due course of law.

The person escaping is deemed to have regained his liberty as soon as he gets out of sight of the person from whom he escapes, and not before.

ARTICLE 145.

RESCUE DEFINED.

3 Rescue is the act of forcibly freeing a person from custody

12 Hawk. P. C. 192, 196, 197; 1 Russ. Cr. 583. It does not appear what is the effect of voluntarily permitting the escape of a man lawfully charged, but innocent in fact. Draft Code, s. 138.

21 Hale, P. C. 602; 2 Hawk. P. C. 194 (speaks doubtfully as to the second paragraph). Cf. Draft Code, s. 140.

31 Russ. Cr. 597; 2 Hawk. P. C. 201.

against the will of those who have him in custody. If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

ARTICLE 146.

QUALITY OF OFFENCE OF RESCUE.

1Every one commits high treason, felony, or misdemeanor who rescues a prisoner imprisoned on a charge of, or under sentence for, high treason, felony, or misdemeanor respectively. Any offender convicted of such a misdemeanor is liable to be sentenced to hard labour.

ARTICLE 147.

FELONIOUS RESCUES.

3 Whoever feloniously rescues any prisoner is liable to a maximum punishment of seven years penal servitude, or to imprisonment with hard labour for a maximum period of three years.

ARTICLE 148.

RESCUING MURDERERS.

4Every one commits felony and is liable, upon conviction thereof, to penal servitude for life, as a maximum punishment, who by force sets at liberty, rescues, or attempts to rescue, or set at liberty any person out of prison, committed for or found guilty of murder, or rescues or attempts to rescue any person convicted of murder, going to execution or during execution.

ARTICLE 149.

ASSISTING ESCAPE OF PRISONERS OF WAR.

"Every one commits felony and is liable, upon conviction

11 Hale, P. C. 606; 1 Russ. Cr. 597. Draft Code, s. 136.

214 & 15 Vict. c. 100, s. 29.

3 1 & 2 Geo. 4, c. 88, s. 1. The offence was formerly a clergyable felony, so that this enactment increased the punishment.

425 Geo. 2, c. 37, s. 9. As to punishment, 7 Will, 4 & 1 Vict. c. 91. Cf. Draft Cole, s. 135.

552 Geo. 3, c. 156. Draft Code, s. 131.