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behoves the police to be vigilant in the discharge of their duty when on escort.

The Colonial Prisoners Removal Act, 1884 (47 & 48 Vict. c. 31), enables prisoners undergoing sentence of imprisonment in any British possession to be removed to any other British possession, or to the United Kingdom, subject to regulations to be made by the Queen in Council.

ESCAPE OF PRISONER.-Police officers and others negligently permitting the escape of a prisoner in custody for a criminal matter are guilty of misdemeanor, but voluntarily permitting an escape amounts to the same kind of offence, and is punishable in the same degree as that of which the prisoner is guilty, and for which he is in custody, whether treason felony or misdemeanor (1 & 2 Geo. 4, c. 88; 4 & 5 Will. 4, c. 67).

PRISON BREACH is an escape by a prisoner lawfully in prison. If the person be in custody on a charge of treason or felony the offence is felony; where he is in custody on a minor charge the offence is a misdemeanor. An actual breaking of the prison with force, and not merely a constructive breaking, must be proved. No breach of prison will amount to felony except the prisoner actually escape.

RESCUE. The statutes 35 Geo. 2, c. 37, s. 9; 1 & 2 Geo. 4, c. 88; 7 Will. 4 & 1 Vict. c. 91, deal with the offence of rescue, which is defined as the forcible liberation of another from legal custody. A rescue of one apprehended for treason is treason; for felony-felony; and for misdemeanor-misdemeanor.

Prisons.

The laws relating to prisons other than convict or military or naval prisons are consolidated and amended by 28 & 29 Vict. c. 126. Persons aiding prisoners to escape are guilty of felony. The introduction, &c., into a prison, contrary to the regulations, of spirituous or fermented liquors, or tobacco, or any letter or article, is punishable by fine or imprisonment.

Offences by prisoners are punishable by confinement in punishment cell or personal correction. See also 40 & 41 Vict. c. 21, ss. 14 and 43.

The Prevention of Crimes Act, 1871, s. 6, contains regulations regarding photographing prisoners, the refusal to obey which is an offence against prison discipline (see p. 264).

Visiting committee.-A visiting committee is to be annually appointed of such number of justices, and in such manner as the Secretary of State may by rule prescribe in accordance with 28 & 29 Vict. c. 126, s. 13. The duties of the committee are defined by section 14; see also section 15 as to general power of entry into prison by justice.

As to " Escape," "Prison Breach," &c., see title PRI

SONERS, ante.

Prize Fights.

Combatants at a prize fight are each guilty of an assault upon the other. A sparring match with boxing gloves is no assault, as the parties consent to receive the moderate blows given, but if men agree to damage each other consent is immaterial. An assembly of persons to witness a prize fight is an unlawful assembly, and persons present and countenancing the fight are guilty of a misdemeanor. By a recent decision of the Court for Crown Cases Reserved, it was ruled by a majority of the judges present that simply witnessing a prize fight is not an offence, unle the spectators encourage it in some more active way than by their mere presence (a). It is the duty of magistrates to cause the intending combatants to be brought before them, and bound over to keep the peace. An exhibition of skill in sparring is not illegal, but if parties meet intending to fight and injure each other it is a prize fight, whether the parties fight in gloves or not (b). Railway companies are liable to penalties under

(a) R. v. Coney, L. R. 8 Q. B. D. 534; and 46 J. P. 404.
(b) R. v. Orton, 39 L. T. 293; and 43 J. P. 72.

31 & 32 Vict. c. 119, s. 21, for knowingly providing trains for prize fights.

Challenge to fight a duel.-At common law it is a misdemeanor to challenge another either by word or letter to fight a duel, or to be the messenger of such a challenge, or even to provoke another to send such a challenge or to fight.

Prosecutor's Expenses.

By 7 Geo. 4, c. 64, s. 22, the expenses attending the prosecution of felonies are borne by the public, the committing justice signs a certificate allowing a reasonable sum to the prosecutor, witnesses and police for loss of time, &c. In Treasury prosecutions the costs are regulated by orders made by the Secretary of State (Treasury Minute, 29th June, 1875).

Under 33 & 34 Vict. c. 23, s. 3, the court may condemn a person convicted of treason or felony to pay the costs of the prosecution out of any moneys taken from him on his apprehension.

By the Summary Jurisdiction Act, 1879, provision is made for payment of costs of indictable offences dealt with summarily.

Provision is made by section 23 of 7 Geo. 4, c. 64, for the payment of costs in cases of misdemeanors.

Provision is also made under the Criminal Law Consolidation Acts for payment of costs of prosecution.

The court of assize or session may order a sum of money (not exceeding 51. in case of the quarter sessions) to be paid to any person who may have been active in the apprehension of offenders charged with serious offences, such as murder, robbery, &c.

Under 29 & 30 Vict. c. 52, expenses incurred in the prosecution of cases of felony and certain misdemeanors, upon charges bona fide made upon reasonable and probable cause, may be allowed by justices, even though the cases are not committed for trial.

Prosecution of Offences Act, 1884.

(47 & 48 Vict. c. 58.)

This Act amends the Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22), which is referred to as the principal Act.

The Act (47 & 48 Vict. c. 58) may be cited as the Prosecution of Offences Act, 1884, and this Act and the principal Act may be together cited as the Prosecution of Offences Acts, 1879 and 1884.

On and after the passing of this Act, all appointments made in pursuance of the principal Act are revoked, and the person for the time holding the office of solicitor for the affairs of Her Majesty's Treasury shall be director of public prosecu. tions, and perform the duties and have the powers of such director.

Section 3 of the Treasury Solicitor Act, 1876, shall extend to authorize any assistant solicitor for the affairs of Her Majesty's Treasury to act on behalf of the said solicitor in his capacity of director of public prosecutions.

The chief officer of every police district in England shall, from time to time, give to the director of public prosecutions information with respect to indictable offences alleged to have been committed within the district of such chief officer, and to the dealing with those offences, and the said information shall contain such particulars and be in such form as may be for the time being required by regulations under the principal Act.

The expression "police district" means

(1.) The city of London and the liberties thereof; and (2.) The metropolitan police district; and

(3.) Any county or riding, parts, division, or liberty of a county or borough, town, or place maintaining a separate police force:

T

The expression “chief officer of police” means— (1.) In the city of London the commissioner of police of the city; and

(2.) In the metropolitan police district the commissioner or any assistant commissioner of the police of the metropolis or any district superintendent of the metropolitan police force; and

(3.) Elsewhere the chief constable, or head constable, or other officer, by whatever name called, having the

chief command of the police in a police district as defined by this Act.

There shall be repealed the first paragraph of section 2 of the principal Act, beginning with the words "a Secretary of State," and ending with the word "fix," also sections 3 and 4 of the principal Act.

Public-houses.

As to the licensing, &c., of public and beer-houses, see under title LICENSING LAWs, ante.

It is the duty of the police to see that public-houses on their beats are properly conducted, and closed during prohibited hours. Publicans, beer-house keepers, &c., are liable to penalties for offences against the Licensing Acts, the Prevention of Crimes Act, &c.

As to "Gaming" on licensed premises, see title GAMING,

ante.

A constable is authorized at all times to enter on licensed premises for the purpose of preventing or detecting offences: see LICENSING LAWS, ante.

Where parties are fighting in a public or beer-house the police should separate the combatants and quietly endeavour to restore order. Where an affray is going on in a public-house the police can, if refused admission, break open the doors. Having obtained admission they should endeavour by mild means to suppress any affray, and clear the house, if called

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