LAW CRIEFF —CRI MINAL No exhaustive summary on cricket could be complete without a chosen on his form when in the prime of his career :—First World tribute to the grand cricket of the Graces. Dr E. M. Grace has Eleven: Dr W. G. Grace, Dr E. M. Grace, K. S. Ranjitsinhji, altogether taken 10,006 wickets, scored 72,482 runs and been the Messrs A. E. Stoddart, A. G. Steel, J. M‘C. Blaekham, C. T. B. most daring field at point ever seen. Ear greater has been the Turner, F. R. Spofforth, with Shrewsbury, Lohmann, and Peate. record of Dr W. G. Grace, who has made over a hundred centuries in Second World Eleven : Messrs W. AY. Read, G. Giffen, W. L. first-class matches and has in four seasons scored three successive Murdoch, with Abel, Hayward, Gunn, Shaw, Peel, Pilling, centuries. In 1871 his aggregate was 2739, and in 1895 he reached ' Richardson, and A. E. Trott. Third AVorld Eleven : Messrs P. S. his thousand runs in May ; he has always been a very crafty M‘Donnell, H. F. Boyle, F. S. Jackson, A. C. MacLaren, C. B. bowler, whose leg ball has dismissed scores of unwary colts. K. S. Fry, with Barnes, Briggs, Rhodes, Ulyett, Lockwood and Lilley or Ranjitsinhji, who in 1899 scored 3159 runs, and in 1900, 3065 runs, Mr G. E. M‘Gregor. Messrs S. M. J. Woods, G. E. Palmer, C. T. has even surpassed Dr W. G. Grace’s performances with the bat. Studd, and J. T. Hearne would be the reserves, (h. 8. C. M. G.) The feat of three consecutive hundreds has been scored, in addition Crieff, a police burgh of Perthshire, Scotland, 18 to these two great batsmen, by Messrs C. B. Fry (who in 1901 made six in succession, besides scoring over 3000 runs altogether), E. G. miles west of Perth by rail. New Established and Free AVynyard, A. C. MacLaren, W. L. Foster, R.. E. Foster, Major churches were erected in 1881, and a new United PresbyPoore, Tyldesley, Abel, Hayward, Hirst, and Storer. But it must terian church in 1891. The academy was remodelled in always be remembered that the batsmen of recent years have a 1878. The town grows in favour as a summer resort. great advantage in the improved grounds, as compared with Dr W. G. Grace’s achievements twenty years before. To ensure some Population of the police burgh (1881), 4469; (1891), estimate of the comparative ability of the finest cricketers, an eminent 4902; (1901), 5706. judge selected, for the present article, the following as forming the Crimea. See Taurida. three best modern elevens, it being calculated that each man is 282
CRIMINAL THE article on Criminal Law in the ninth edition of the Encyclopaedia Britannica deals with general principles, and it is not necessary to reproduce them save in the briefest fashion. A crime is an act which, by violating the law, affects injuriously not only the civil of crime” belonging to an individual but also the ° Cr ' public rights and duties due to the whole community. The sovereign is taken to be the person injured by the crime, as he represents the whole community, and he is nominally the prosecutor of crime. Criminal law includes the rules as to the prevention of crime, the investigation of crime, the prosecution of crime, the punishment of crime. It lays down what constitutes a criminal offence, what proof is necessary to establish the fact of a criminal offence and the culpability of the offender, what excuse or justification for the act can be legally admitted, what procedure should be followed in a criminal court, what degrees and kinds of punishment should be imposed on the various offences which come up for trial. Finally, it regulates the constitution of the tribunals established for the trial of offences according to the gravity of the infraction of law, and deals with the organization of the police and the proper management of prisons, and maintenance of prison discipline. (See Evidence, Prison Discipline, and Police.) Criminal and civil law, however, overlap, and in all offences where an individual has suffered loss, he can claim damages in a civil court from the wrong-doer. Again, there are many minor offences established by statute which cannot be said to have a strictly criminal character, although the case is tried by a magistrate with criminal powers, and the result of the case is in a sense penal because it consists solely in a fine or penalty, or sometimes a short term of imprisonment is also imposed. Any statutory nuisance, such as improper emission of smoke from a chimney, or the failure to repair a highway, or the carrying on of certain trades in close proximity to inhabited houses, are all tried as criminal offences, although they cannot be described as crimes. Crimes—the word is here intended to include all breaches of the criminal law— may be divided into (a) crimes which affect public order, abuses and obstructions of public authority, offences which are injurious to the public at large; (b) offences against the person, offences against parental and conjugal rights; (c) offences against property, by way either of force or fraud. There are three classes of crimes—treason, felony, and misdemeanour—in addition to a large number of petty in-
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fractions of law known as summary offences. The distinction between felony and misdemeanour, though still maintained in the English system, has no longer Treason, any logical basis. Formerly all felonies, includ- felony, ing treason, involved forfeiture of goods QXidandmlsproperty, whilst misdemeanours were not treated demeanour. as felonies and did not involve forfeiture. Forfeiture is no longer a legal punishment, and whenever English criminal law is codified the distinction will no doubt disappear and a new classification be introduced. Treason in England is a crime of a special character. The offence of treason is the attempt by overt acts either to upset the Government of the country or to kill or personally injure the sovereign or his family. The offence at common law was never concisely defined, and depended too much on the discretion of the king and his judges. It was limited by legislation so long ago as 1352 by what is called the Statute of Treason. The punishment for treason was beheading, with other brutal accompaniments. The barbarous features of the punishment were abolished in 1799. The severity of the punishment, i.e., death, led in 1848 to the constitution of Treason Felonies, which are, like treason proper, of a special character, but are now tried as ordinary felonies. AVhilst the compassing of the death of the sovereign or his deposition, or levying war upon him, remain punishable with death, lesser treasonable acts are punishable with penal servitude. The procedure for treason was formerly of a very oppressive character, and was made more reasonable in 1695. The offence is now tried on indictment and by a jury at the Court of Assize in the same manner as ordinary felonies. Persons indicted for treason (1) can have a copy of indictment five days before trial; (2) can have counsel ; (3) can produce witnesses, who will be heard on oath. On charges of treason, bail may not be granted except by order of the Secretary of State or of the High Court. The distinctions between felonies, misdemeanours, and summary offences are of considerable importance. Thus a person guilty of felony can be arrested by any person without a warrant; a person guilty of misdemeanour cannot, unless by a constable in special circumstances, be arrested without a warrant. Further, a person charged with a misdemeanour or summary offence is entitled to be released on bail, i.e., on the obtaining of sureties, who are bound under the penalty of paying a sum of money to produce the prisoner charged for his trial on the day and at a place named. The sureties must be sufficient in the opinion of the court, and as a rule only householders are accepted. Bail is obligatory in all misdemeanours, with the exception of misdemeanours where the costs of the prosecution are payable out of the county or borough rate or fund. It is obligatory in all summary cases. But a person charged with felony is not entitled as of right to be released on bail, but may be so released at the discretion
