(b) Makes or has in his possession, or under his control, any explosive substance with intent by means thereof to endanger life, or cause serious injury to property in the United Kingdom, or to enable any other persons by means thereof to endanger life or cause serious injury to property in the United Kingdom, shall, whether any explosion does or not take place, and whether any injury to person or property has been actually caused or not, be guilty of felony, and on conviction shall be liable to penal servitude for a term not exceeding twenty years, or to imprisonment with or without hard labor for a term not exceeding two years and the explosive substance shall be forfeited.

Sect. 4. (1) Any person who makes, or knowingly has in his possession or under his control, any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession, or under his control, *for a lawful object, shall, unless he can show that he made it

or had it in his possession or under his control, for a lawful [*488

object, be guilty of felony, and, on conviction, shall be liable to penal servitude for a term not exceeding fourteen years, or to imprisonment for a term not exceeding two years with or without hard labor, and the explosive substance shall be forfeited.

(2) In any proceeding against any person for a crime under this section, such person and his wife, or husband, as the case may be, may, if such person thinks fit, be called, sworn, examined, and crossexamined as an ordinary witness in the case.

Sect. 5. Any person who within or (being a subject of Her Majesty) without Her Majesty's dominions, by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever procures, counsels, aids, abets, or is accessory to, the commission of any crime under this Act, shall be guilty of felony, and shall be liable to be tried and punished for that crime as if he had been guilty as a principal.

By sect. 6 provision is made for inquiry by order of the AttorneyGeneral, into offences under this Act before justices, and for the apprehension of absconding witnesses.

By sect. 7, (1) If any person is charged before a justice with any crime under this Act, no further proceeding shall be taken against such person without the consent of the Attorney-General, except such as the justice may think necessary by remand, or otherwise, to secure the safe custody of such person.

(2) In framing an indictment, the same criminal act may be charged in different counts as constituting different crimes under this Act and upon the trial of any such indictment the prosecutor shall not be put to his election as to the count on which he must proceed.

(3) For all purposes of and incidental to arrest, trial, and punishment, a crime for which a person is liable to be punished under this Act, when committed out of the United Kingdom, shall be deemed to have been committed in the place in which such person is apprehended or is in custody.

(4) This Act shall not exempt any person from any indictment or

proceeding for a crime or offence which is punishable at common law, or by any Act of Parliament other than this Act, but no person shall be punished twice for the same criminal act.

Sect. 8 provides for search and seizure of explosives.

By sect. 9. In this Act, unless the context otherwise requires-The expression "explosive substance," shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.

Injuries by persons in possession of property injured. As to this, see 24 & 25 Vict. c. 97, s. 59, supra, p. 289.

Form of indictment.

See 24 & 25 Vict. c. 97, s. 60, supra, p. 289, and sect. 7 (2) of the Explosive Substances Act, 1883, supra.,

*FALSE COPIES OF RULES OF TRADE UNIONS.

[*489

By the Trade Union Act, 1871 (34 & 35 Vict. c. 31) sect. 18, it is enacted that "if any person with intent to mislead or defraud gives to any member of a trade union registered under this act, or to any person intending or applying to become a member of such trade union a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union; or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this act which is not so registered, every person so offending shall be guilty of a misdemeanor."

By sect. 19, sub-sect. 2, the description of any offence under this Act in the words of the Act shall be sufficient in law. A definition

of Trade Union is given in the 39 & 40 Vict. c. 22, s. 16.

At elections-parliamentary.

By the Reform Act, 2 & 3 Will. 4, c. 45, s. 58, three questions were allowed to be put to the voter at the poll, to be answered by him on oath; but by the 6 & 7 Vict. c. 18, ss. 81, 82, and see the Ballot Act (35 & 36 Vict. c. 33), s. 10, these were reduced to two. See Rogers on Elections, chap. Proceedings at the Elections. Sect. 81 of the 6 & 7 Vict. c. 18 enacts, that "if any person shall wilfully make a false answer to either of the questions, he shall be deemed guilty of a misdemeanor, and shall and may be indicted and punished accordingly."

Upon an indictment under this statute the word "wilfully" should be construed in the same way as in an indictment for perjury, and be supported by the same sort of evidence. Per Patteson, J., in R. v. Ellis, Car. & M. 564, 41 E. C. L. For other cases upon the 2 & 3 Will. 4, c. 45, s. 58, see R. v. Bowler, Car. & M. 559, 41 E. C. L.; R. v. Spalding, Car. & M. 568, 41 E. C. L.; and R. v. Lacy, Car. & M. 511, 41 E. C. L. See also R. v. Bent, 1 Den. C. C. R. 157, infra.

By the Corrupt Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), s. 33 (7), candidates or election agents knowingly making declarations required by that section falsely are indictable, and are also guilty of a "corrupt practice" within the meaning of the Act. As to the procedure and punishment, see ante, tit. " Bribery."

At elections-municipal. The Municipal Corporation Act, 5 & 6 Will. 4, c. 76, s. 34 (now repealed), amended by the 35 & 36 Vict. c. 33, 4th schedule, provided likewise for questions being put to persons voting at municipal elections, and in the same words as those used in the 6 & 7 Vict. c. 18, make it a misdemeanor for a burgess wilfully to make a false answer to any of these questions. It was held, that an indictment charging that "the defendant falsely and fraudulently answered" was bad for omitting the word "wilfully." R. v. Bent, 1 Den. C. C. R. 157. See now 45 & 46 Vict. c. 50, s. 59. Falsely and fraudulently signing a declaration under the Parliamentary and Municipal Registration Act, 1878 (41 & 42 Vict. c. 26), is made a misdemeanor by sect. 25 of that Act. For other offences at elections, see ante, tit. "Elections."

Before magistrates. The 5 & 6 Will. 4, c. 62, s. 18, after reciting "whereas it may be necessary and proper in many cases not herein specified to require confirmation of written instruments or allegations, or proof of debts or of the execution of deeds or other matters," *enacts, that “it shall and may be lawful for any justice of the [*491 peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to this Act annexed; and if any declaration so made shall be false and untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanor."

Erskine, J., held, in R. v. Boynes, 1 C. & K. 65, 47 E. C. L., that the enacting words of this section were not restrained by those in the preamble, so as to exclude from the operation of the statute a declaration by a member of a benefit society that he had sustained a loss by an accidental fire, it being a rule of such benefit society that any full free member thereof, who sustained a loss by an accidental fire, was to be indemnified to the extent of 157., on making a declaration before a magistrate verifying his loss.

On registration of births, deaths, and marriages. The statute 6 & 7 Will. 4, c. 86, s. 41, which formerly related to births and deaths as well as marriages, enacts that "every person who shall wilfully make, or cause to be made for the purpose of being inserted in any register of [birth, death, repealed by 37 & 38 Vict. c. 88: see infra] marriage, any false statement touching any of the particulars herein required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury."

The law relating to the registration of births and deaths in England is now governed by 37 & 38 Vict. c. 88, repealing 6 & 7 Will. 4, as far as that statute relates to births or deaths, by s. 40.

Any person who commits any of the following offences, that is to

say:

(1) Wilfully makes any false answer to any questions put to him by a registrar relating to the particulars required to be registered concerning any birth or death, or wilfully gives to a registrar any false information concerning any birth or death, or the cause of any death; or,

(2) Wilfully makes any false certificate or declaration under or for the purposes of this Act, or forges or falsifies any such certificate or declaration, or any order under this Act, or, knowing any such certificate, declaration, or order to be false or forged, uses the same as true, or gives or sends the same as true to any person; or,

(3) Wilfully makes, gives, or uses any false statement or representation as to a child born alive having been still-born, or as to the body of a deceased person or a still-born child in any coffin, or falsely pretends that any child born alive was still-born; or,

(4) Makes any false statement with intent to have the same entered in any register of births or deaths;—