The Army (Annual) Act, 1884, further continues the provisions of the Act of 1881. Section 3 of the Act relates to billeting. Under section 306 of the Act of 1881 it is compulsory for keepers of victualling houses to billet or provide for the accommodation of soldiers billeted upon them, and there shall be paid to such victualler for the accommodation furnished by him the prices for the time being authorized by Parliament. Section 3 of the Army (Annual) Act of 1884, provides that such prices shall be in accordance with the prices contained in the schedule to the Act. See title BILLETING, post. Section 6 relates to deserters, for whose apprehension warrants may be issued. See title DESERTION, post.

Reserve forces.-Under 33 & 34 Vict. c. 67, s. 20 (1870), the police were required to serve notices on men of "Reserve Forces" if required so to do by the Secretary of State.

The "Reserve Forces" shall mean the army and militia reserve, also the militia, yeomanry, volunteers, and other land forces liable to serve Her Majesty and not forming part of the regular army.

[This section is repealed as far as relates to militia by Schedule II. of 45 & 46 Vict. c. 49, post. Schedule III. of that Act re-enacts the enactment. See also section 22 of 45 & 46 Vict. c. 49.]

The Reserve Forces Act, 1882 (45 & 46 Vict. c. 48), consolidates the Acts relating to the reserve forces. Section 24 contains provisions regarding the service of notices on men belonging to the army or militia reserve.

(1.) A notice may be served in the prescribed manner on any such man, or by being sent by post to last registered place of abode.

(2.) Evidence of such service shall be evidence that such notice was brought to the knowledge of such man. (3.) Provision is made for the service of notice in certain cases by publication of same in prescribed

manner.

(4.) Constables, overseers of the poor, and inspectors of the poor are required under penalties to comply with provisions of Act.

45 & 46 Vict. c. 49, s. 22, contains general provisions -similar to those relating to the reserve forces—as to service of notices on militiamen.

The publication of notice in the prescribed manner in every parish in the county or area to which the corps belongs shall be sufficient notice to every militiaman in that corps to whom the notice applies, notwithstanding that a copy of such notice is not served upon him.

Section 20

Section 54 of 45 & 46 Vict. c. 49, refers to repealed statutes as shown in the second schedule of Act. of 33 & 34 Vict. c. 67-regarding service of notices-is repealed so far as it relates to militia, but in the third schedule the enactment is re-enacted with respect to local militia, the police throughout the kingdom being required, when desired by the Secretary of State, to serve notices on any member of the local militia.

Men of the reserve forces charged with offences under the Reserve Forces Act, 1882, cognizable both by court-martial and court of summary jurisdiction, shall not be tried by the latter court until the sanction of an officer who has power to direct the offender to be tried by a court-martial, or of an authority superior to such officer, shall have been signified in writing to the court before which the trial is to take place.

Arrest. See POWERS AND DUTIES OF CONSTABLES, p. 2,

ante.

Arson.

The Malicious Injuries Act, 24 & 25 Vict. c. 97 (ss. 1 to and 16 to 18), deals with the crime of arson (a). See EPITOME OF STATUTES, post.

(a) The punishment for arson varies from two years' imprisonment to penal servitude for life-Not triable at sessions.

G

"Arson" is the malicious and wilful setting fire to any building. The term does not strictly comprise cases of setting fire to things in or against any building, or to crops, stacks, mines, ships, &c.

Malice. The act must be done unlawfully and maliciously, but the malice need not necessarily be against the owner of the property burned. If A. has a malicious intent to burn the house of B. (or commit any other felony), and without intending it burn the house of C., he is guilty of arson. the act is proved to have been done wilfully it may be inferred to have been done maliciously until the contrary be proved.

If

Setting fire.-As to the "setting fire," there must be an actual burning of some part, however trifling, of the house, &c.

Attempt. It is a sufficient overt act to render a person liable to be found guilty of attempting to set fire to a stack under this statute, if he go to the stack with the intention of setting fire to it, and light a lucifer match for that purpose, but abandons the attempt because he finds that he is being watched. See also p. 60.

Assault.

An assault is an attempt by force or violence to do bodily injury to another. A battery is any injury whatsoever, be it ever so small, actually done to the person. Every battery includes an assault.

Assaults are of various kinds-common assaults, aggravated assaults, assaults causing actual bodily harm, indecent assaults, assaults on police. Every common assault, and certain kinds of aggravated assault, may be dealt with either by summary conviction or by indictment. (11 & 12 Vict. cc. 42, 48.)

The Act 24 & 25 Vict. c. 100, treats of common and aggravated assaults, their punishment, &c. See EPITOME OF STATUTES, post.

Sections 36 to 40 of this Act relate to assaults on clergymen, magistrates, peace officers, seamen; assaults with intent to commit felony, and assaults on persons with intent to prevent the buying or selling of any wheat or other grain.

Section 42 of the Act deals with common assault. Any person unlawfully assaulting another is punishable on conviction before two justices by imprisonment not exceeding two months, or fine not exceeding 51.

Aggravated assaults on women (a), or on any child under the age of fourteen, are punishable by imprisonment for six months or fine of 20l. (Sect. 43.) See also title CHILDREN, post.

Regarding INDECENT ASSAULTS, see title RAPE, post.

Sections 18 to 20 of Act treat of assaults occasioning bodily harm, which are punishable by five years' penal servitude (see title WOUNDING, post), and also provides for the punishment of persons convicted on indictment for a common assault. Punishment, one year's imprisonment.

Justices may order prosecution by indictment in cases of assault brought before them, if they find the assault or battery complained of to have been accompanied by any attempt to commit felony, or other circumstances which, in their opinion, make it a fit subject for such prosecution.

Justices cannot hear and determine cases of assault, &c., in which any question shall arise as to title to land, tenements, &c., or as to any bankruptcy or any execution under process of any court of justice.

9 & 10 Vict. c. 95, s, 114, provides for punishment of assault on county court bailiffs. See R. v. Briggs, 47 J. P. 615.

(a) As to assault by constable or doctor on examination of a woman charged with concealment of birth, see pp. 61 and 110.

ASSAULT BY HUSBAND.-See title HUSBAND AND WIFE, post.

ASSAULTS ON POLICE.-Persons assaulting police in the execution of their duty are punishable under various statutes. Under 34 & 35 Vict. c. 112, s. 12, they are liable to a fine of 201., or six months' imprisonment, or nine months' if convicted of a like offence within two years.

Borough constables are protected by 45 & 46 Vict. c. 195. Penalty, 51. 10 & 11 Vict. c. 89, s. 20, contains similar provisions protecting constables in the execution of their duty under the Towns Police Clauses Act, 1847.

Persons assaulting special constables are punishable under 1 & 2 Will. 4, c. 41. Penalty, 201. And the provisions of the section are extended to constables appointed under the County Constables Acts of 2 & 3 Vict. c. 93 and 3 & 4 Vict. c. 88 (2 & 3 Vict. c. 93, s. 8).

Persons assaulting constables appointed under the General Watching Act are liable to a penalty of 40s. 3 & 4 Will. 4, c. 90, s. 41.

As to assaults on police executing warrants, see title WARRANTS, post.

REVENUE OFFICERS, &c.-44 Vict. c. 12, s. 12, deals with assaults on officers duly employed in the prevention of smuggling.

Assaults generally.-In order to constitute an assault it is not necessary that the party should receive an injury. Threatening to strike a person, coupled with an ability to do so, will constitute an assault; but for a man to strike at another when at such a distance that he cannot possibly touch him is no assault. Where the person is struck, or even touched, the offence is a battery, which includes an assault; but the act must have been done with a hostile intention. Merely placing the hand on another's shoulder to arrest his attention is not an assault. Coward v. Baddeley,