The Case of Stockdale v. Hansard.—Changes in the Law. remark. It may be proper, however, to place before our readers, the authentic report of the judgment of the Lord Chief Justice as recently reported by Messrs. Carrington and Payne. (7 C. & P. 737.) 363 the book is only a scientific exposition of a subject that must be explained and discussed in scientific books, or whether it is deserving the epithets which have been applied to it. I will not make any remarks upon the book itself-you will take it into your hands and see whether or not the epithets that have been applied to it have been properly applied. If you should be of opinion that it is of the nature described, then the defendants have made out their justification; but if you should think that the imputations are not borne out, then you will have to consider to what amount of daThe plaintiff has complained greatly that he is the victim of conspiracy and combination: but, really, the supposition that any one individual concerned in the publication of these Reports was actuated by any feeling of the kind, appears to me to be perfectly irrational and absurd. I think, however, that there is a want of caution in the drawing up of the Reports: I cannot see why the inspectors should mention any publication at all. They went to the prisons for the purpose of reporting upon the prisoners and gaolers, and therefore it was their duty to state, if they found any of those gaolers leaving improper books in the possession of the prisoners; but I do not think it was at all necessary to mention the name of "Stockdale," or any other individual. I am also at a loss to discover why they did not insert the title of the book, instead of leaving the mysterious blanks, which perhaps might convey a worse impression than if the book itself had Indeed it seems to me to been described. Lord Denman, C. J. (in summing up)."This action is brought by the plaintiff against the defendants for the publication of a libel contained in the Reports of the Inspectors of Prisons which had been laid before the House of Commons. The defendants have pleaded, first, that they are not guilty of publishing the libel; and, secondly, that the libel is true-in-mages the plaintiff is entitled. asmuch as the work in question is of a disgusting nature, and the plates obscene and indecent in the extreme: there is also a third ground of defence, which has been insisted on by the Attorney General under the plea of the general issue, which is, that the publication by the defendants was privileged, in consequence of their having printed the Reports of the Inspectors of Prisons by the authority of the House of Commons. The first point is now out of the question, as the publication is admitted: and, with regard to the second point, you will say whether the plaintiff's book is of the character imputed to it or not. With respect to the third ground, namely, that this is a privileged publication, I am bound to say, as it comes before me as a question for my direction, that I entirely disagree with the law as laid down by the Attorney General. I am not aware of the existence in this country of any body of men whatever, who can privilege any servant of theirs to publish a libel upon any individual. Whatever arrangements may be made by the be not quite so correct a report as it would House of Commons with the defendants as have been if the inspectors had merely reporttheir servants, I am of opinion, that the pub- ed facts, without regard to the nature of any lisher who publishes in a public shop, and particular work. You are to take the whole especially for money, that which may be injuri- matter into your consideration, and if, being ous, and possibly ruinous to any one of the satisfied that the defendants published the ReKing's subjects, must answer that subject in a ports, you think they amount to a libel, you Court of justice, if challenged for the publica- will find your verdict for the plaintiff upon the tion of a libel; and I wish to say so now most first issue; and if you are of opinion that the emphatically and distinctly, because I think epithets applied to the plaintiff's book are justithat if, on the first opportunity that arises in a fied by the nature of it, then you will find your Court of justice, on a point of this kind being verdict for the defendants on the plea of justistated, the point were left unsatisfactorily ex-fication. Should you, however, entertain a difplained, the Judge who sat in that Court might become an accomplice to the destruction of the liberties of the country, and expose every individual in it to a tyranny to which no man ought to be called upon to submit. The case of Rex v. Wright, 8 T. R. 223, is not applicable to the present, and it seems to me that it is not in any respect capable of being urged as an authority to prevent my stating the law to be as I have already stated it. My direction to you, therefore, is, (subject to any question hereafter), that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports, is in itself. no justification to them, or to any other bookseller, if such publication contains a libel upon ferent opinion, then your verdict will be for the plaintiff generally, with such damages as you think, under all the circumstances of the case, he is entitled to." CHANGES IN THE LAW IN THE LAST SESSION OF PARLIAMENT, 1837. No. XIII. PUNISHMENT FOR FORGERY. This is "An Act to abolish the Punishment any man. If you think that the book referred of Death in cases of Forgery," to which the to is disgusting, and the plates obscene and indecent, you ought to find for the plaintiffs Royal Assent was given on the 17th July 1837. or the second plea. You will consider whether It will come into operation on the 1st October. 2 A 2 ing to authorize the receipt of any life annuity of whatsoever kind, granted under any of the acts therein recited or that act, or any payment or payments due or to become due thereon; or if any person should wilfully, falsely, and deceitfully personate any true and real or deliver or produce to any person or persons acting under the authority of that act, any forged register or copy of register of any birth, baptism, or marriage, or any forged declara tion, affidavit, or affirmation, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, his heirs and successors, or with intent to defraud any person or persons whomsoever; then and in every such case all and every person or persons so offending, and being lawfully convicted thereof, should be adjudged guilty of felony, and suffer death: It recites that by 1 W. 4, c. 66, it was amongst other things enacted, that if any person should forge or alter, or should offer, utter, dispose of, or put off, knowing the same to be forged or altered, any will, testament, codicil, or testamentary writing, with intent in any of the cases aforesaid to defraud any per-nominee or nominees, or should wilfully utter, son whatsoever, every such offender should be guilty of felony, and being convicted thereof should suffer death as a felon; and it was by the said act further enacted, that if any person should forge or alter, or should utter knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any stock, annuity, or other public fund which then was or thereafter might be transferrable at the Bank of England or at the South Sea House, or of or in the capital stock of any body corporate, company, or society which then was or thereafter might be established by charter or act of parliament, or to receive any dividend payable in respect of any such share or interest, with intent in any of the several cases aforesaid to defraud any person whatsoever, every such offender should be guilty of felony, and being convicted thereof should suffer death as a felon, and it was by the said act further enacted, that in the case of every felony punishable under that act every principal in the second degree, and every accessary before the fact, should be punishable with death or otherwise in the same manner as the principal in the first degree was by that act punishable. And that by the 2 & 3 W. 4, c. 123, it was amongst other things enacted, that notwithstanding any thing therein-before contained that act should not be construed to affect or alter the said recited act of the first year of his late Majesty, or any other act or law then in force, so far as the same might authorize the punishment of death to be inflicted upon any person convicted either in England, Scotland, or Ireland of forging or altering, or of offering, uttering, or disposing of knowing the same to be forged or altered, any will, testament, codicil, or testamentary writing, with intent to defraud any body corporate or person whatsoever, or of forging or altering, or of uttering knowing the same to be forged or altered, any power of attorney or other autho any stock, annuity, or other public fund which then was or thereafter might be transferrable at the Bank of England or South Sea House, or at the Bank of Ireland, or to receive any dividend payable in respect of any such share or interest, with intent to defraud any body corporate or person whatsoever, or of procuring, aiding, or assisting in the commission of any of the said offences, but that the punishment for each and every of the said offences, and for the procuring, aiding, or assisting in the commission thereof, should continue to be the same as if the act now in recital had not been passed: And that by 2 & 3 W. 4, c. 59, it was amongst other things enacted, that if any person should forge, counterfeit, or alter, or should cause or procure to be forged, counter-rity to transfer any share or interest of or in feited, or altered, or should knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any declaration, warrant, order, or other instrument, or any affidavit or affirmation required to be made by that act, or by the Commissioners for the reduction of the National Debt, under any of the provisions of that act, or under any authority given to them for that purpose; or should forge, counterfeit, or alter, or should cause or procure to be forged, counterfeited, or altered, or should knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any certificate or order of any officer of the Commissioners for the reduction of the National Debt, or the name or names of any person or persons in or to any transfer of any annuity, or in or to any certificate, order, warrant, or other instrument for the payment of money for the purchase of any annuity under the provisions of that act, or in or to any transfer or acceptance of any such annuity in the books of the Commission ers for the reduction of the National Debt, or in or to any receipt or discharge for any such annuity, or in or to any receipt or discharge for any payment or payments due or to become due thereon, or in or to any letter of attorney or other authority or instrument to authorize or purporting to authorize the transfer or acceptance of any annuities or any life annuity of whatsoever kind, or authorizing or purport And that by 2 & 3 W. 4, c. 125, it was amongst other things enacted, that if any person or persons should forge, counterfeit, or alter, or cause or procure to be forged, counterfeited, or altered, or knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any certificate or certificates of the commissioners by the said act now in recital appointed as therein mentioned, or any of them, or any receipt or receipts to be given by the cashier or cashiers of the Governor and Company of the Bank of England in pursuance of that act, or should wilfully deliver to the Auditor of the Receipt of his Majesty's Exchequer for the time being, or to any officer appointed by him, or to the said commissioners by that act appointed, or any of them, or to " Changes in the Law. any officer or officers appointed by them or any of them, in the execution of the powers of that act, or should utter any such forged, counterfeited, or altered certificate or certificates, receipt or receipts, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, his heirs or successors, or any body or bodies politic or corporate, or any person whomsoever, then and in every such case all and every person or persons so offending, and being thereof lawfully convicted, should be adjudged guilty of felony, and should suffer death as in cases of felony : the same is herein-before recited) is applicable And that it is expedient that none of the Persons convicted of any of the Offences herein-before mentioned to be liable to be transported. That if any person shall after the commencement of this act be convicted of any of the offences herein-before mentioned, such person shall not suffer death, or have sentence of death awarded against him or her for the same, but shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years. (s. 1.) So much of 2 & 3 W. 4, c. 123, 3 & 4 W. 4, c. 51, s. 27, and 3 & 4 W. 4, c. 44, as relates to the Punishment of certain Offences, repealed; and such Offences to be punished by Transportation for Life or for Yeurs.-And reciting that by the said act of 3 & 4 W. 4, c. 123, persons convicted of the forgeries and other offences connected therewith therein respectively referred to are liable to be transnorted beyond the seas for life: And that by 3 & 4 W. 4, c. 51, intituled "An Act for the Management of the Customs," it was amongst other things enacted, that if any person or persons should knowingly and wilfully forge or And that by 5 & 6 W. 4, c. 45, it was amongst other things enacted, that if any person or persons should forge or counterfeit, or cause or procure to be forged or counterfeited, or should willingly act or assist in the forging or counterfeiting, any receipt or receipts for the whole of or any part or parts of the contributions towards the sum of fifteen millions, in the said act now in recital mentioned to be part of a sum of twenty millions authorized to be raised by the said act of the third and fourth years of his late Majesty's reign, either with or without the name or names of any person or persons being inserted therein as the contributor or contributors thereto, payer or payers thereof, or of any part or parts thereof, or any certificate or other instrument to be issued by the Commissioners for the reduction of the National Debt, or should alter any number, figure, or word therein, or utter or publish as true any such false, forged, counterfeited, or altered receipt or receipts, certificate or certi-counterfeit, or cause or procure to be forged ficates, instrument or instruments, with intent to defraud the Governor and Company of the Bank of England, or the Commissioners for the reduction of the National Debt, or any body politic or corporate, or any person or persons whatsoever, every such person or persons so forging or counterfeiting, or causing or procuring to be forged or counterfeited, or willingly acting or assisting in the forging or counterfeiting, or altering, uttering, or publishing as aforesaid, being thereof convicted in due form of law, should be adjudged guilty of felony, and should suffer death as a felon, without benefit of clergy: And that by 5 & 6 W. 4, c. 51, it was amongst other things enacted, that all and every the several clauses, powers, provisions, enactments, penalties, and restrictions in the said herein-before recited and lastly hereinbefore mentioned act of the second and third years of his late Majesty contained, so far as the same could be made applicable and were not varied by the said act now in recital, should be taken to extend to that act, and to every thing to be done in pursuance of that act, and as if all such clauses, powers, provisions, and enactments were therein repeated and made applicable to the Island of Dominica, and to the loans and grants to be made in pursuance of the said act now in recital, and to every matter and thing to be done in pursuance of that act: And whereas the said lastly herein-before mentioned act of the second and third years of his late Majesty (so far as or counterfeited, or knowingly and wilfully act punishable by transportation for life under the | October one thousand eight hundred and said recited act of the 2 & 3 W. 4, for abolish- thirty-seven. (s. 5.) No. XIV. OFFENCES AGAINST THE PERSON. 1 Vict. c. 85. ing the Punishment of Death in certain Cases of Forgery, are liable, previously to their being transported, in case the Court before whom such persons shall be convicted shall think fit, to be imprisoned, with or without hard labour, in the common gaol or house of correction, or to be confined in the penitentiary, for any term not exceeding four years This act passed on the 17th July last, and nor less than one year: And that it is expe- will come into operation on the 1st October. dient to repeal the said three lastly herein- It is intituled "An Act to amend the Laws before in part recited acts, so far as relates to the punishment of persons liable to be trans-relating to offences against the person." ported for life, in order that a more discretionary punishment may be substituted for the same; it is therefore enacted, that so much of the said three lastly herein-before in part recited acts as relates to the punishment of persons convicted of offences for which they are liable under the said act of the second and third years or the said act of the third and fourth years respectively of his late Majesty's reign to be transported for life shall, from and after the commencement of this act, be and the same is hereby repealed; and that from and after the passing of this act every person convicted of any of such offences shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years. (s. 2.) It recites that it is expedient to amend so much of 9 G. 4, c. 31, intituled “An act for consolidating and amending the statutes in England relative to offences against the person," and so much of 10 G. 4, c. 34, intituled "An act for consolidating and amending the statutes in Ireland relating to offences against the person," as relates to any person who shall unlawfully and maliciously administer or attempt to administer to any person, or who shall cause to be taken by any person, any poison or other destructive thing, or who shall unlawfully and maliciously attempt to drown, suffocate, or strangle any person, or who shall counsel, aid, or abet therein; and so much of Persons convicted of Offences punishable by the same acts or either of them as relates to Imprisonment may be kept to hard Labour and to solitary Confinement. That when any per- any person who shall unlawfully and maliciousson shall be convicted of any offence punish-ly shoot at any person, or who shall by drawing able under this act for which imprisonment may be awarded it shall be lawful for the Court to sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet. (s. 3.) Not to affect Powers of 5 & 6 W. 4, c. 38, and 4 G. 4, c. 64.-That nothing in this act contained shall be construed to extend to the alteration or repeal of any of the powers, provisions, or regulations contained in an act made and passed in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled "An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain," or in an act made and passed in the fourth year of his Majesty King George the Fourth, intituled "An Act for consolidating and amending the Laws relating to the building, repairing, and regulating certain Gaols and Houses of Correction in England and Wales." (s. 4.) Commencement of Act.-That this act shall commence and take effect on the first day of a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, or who shall unlawfully and maliciously stab, cut, or wound any person, or who shall unlawfully and maliciously throw or cast at or upon or otherwise apply to any person any corrosive or noxious liquid or substance, with any of the intents in the same acts mentioned, or who shall counsel, aid, or abet therein; and so much of the same acts as relates to any person who shall use any of the ways or means therein mentioned with intent to procure the miscarriage of any woman, or who shall counsel, aid, or abet therein; and so much of the same acts as relates to the punishment of accessaries after the fact to such of the felonies punishable under those acts as are herein-before referred to: it is therefore enacted as follows: Repeal of certain Provisions of recited acts. That so much of the said acts as is hereinbefore referred to shall continue in force until and throughout the thirtieth day of September one thousand eight hundred and thirty-seven, and shall from and after that day be repealed, | the discretion of the Court, to be transported except as to offences committed before or upon beyond the seas for the term of his or her nathe said thirtieth day of September, which tural life, or for any term not less than fifteen shall be dealt with and punished as if this act years, or to be imprisoned for any term not had not been passed. (s. 1.) exceeding three years. (s. 5.) Punishment for trying to procure Abortion. Punishment for administering Poison or doing other bodily injury with intent to commit-That whosoever, with intent to procure the murder. That whosoever shall administer to or cause to be taken by any person any poison or other destructive thing, or shall stab, cut, or wound any person, or shall by any means whatsoever cause to any person any bodily injury dangerous to life, with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and being convicted thereof, shall suffer death. (s. 2.) Punishment for Offences with intent to commit Murder though no bodily Injury effected.That whosoever shall attempt to administer to any person any poison or other destructive thing, or shall shoot at any person, or shall by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, or shall attempt to drown, suffocate, or strangle any person, with intent in any of the cases aforesaid to commit the crime of murder, shall, although no bodily injury shall be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of his or her natural life, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 3.) Punishment for cutting and maiming with intent to disfigure.-That whosoever unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall stab, cut, or wound any person, with intent in any of the cases aforesaid to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court, to be transported beyond the seas for the term of his or her natural life, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 4.) miscarriage of any woman, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court, to be transported beyond the seas for the term of his or her natural life, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. (s. 6.) Punishment of Accessuries.—That in the case of every felony punishable under this act every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years. (s. 7.) Offences punishable by Imprisonment.—That where any person shall be convicted of any offence punishable under this act for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet. (s. 8.) Not to affect powers of 5 & 6 W. 4, c. 38, and 4 G. 4, c. 64.-That nothing in this act contained shall be construed to extend to the alteration or repeal of any of the powers, provisions, or regulations contained in an act made and passed in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled "An Act for effecting greater Uniformity of Practice in the Government of Punishment for sending explosive substances the several Prisons in England and Wales, and or throwing destructive matter with intent to for appointing Inspectors of Prisons in Great do bodily harm.-That whosoever shall unlaw-Britain," or in an act made and passed in the fully and maliciously send or deliver to or fourth year of his Majesty King George the cause to be taken or received by any person Fourth, intituled "An Act for cousolidating any explosive substance, or any other danger- and amending the Laws relating to the buildous or noxious thing, or shall cast or throwing, repairing, and regulating of certain Gaols upon or otherwise apply to any person any and Houses of Correction in England and corrosive fluid or other destructive matter, with Wales." (s. 9.) intent in any of the cases aforesaid to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby in any of the cases aforesaid any person shall be burnt, maimed, disfigured, or disabled, or receive some other grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable, at Offences committed within the Jurisdiction of the Admiralty. That where any felony punishable under this act shall be committed within the jurisdiction of the Admiralty of England or of Ireland, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony committed within that jurisdiction. (s. 10.) |