indictable offence may be, but rarely if ever are, conducted in private. On the continent of Europe, with rare exceptions, all preliminary proceedings in a criminal charge are secret. Outside English-speaking countries this secret investigation continues more or less. But of the two systems, accusatory or inquisitorial-the first meaning the right of the accused to defend himself, the second meaning the right of the state to examine any legal offence in private in order to ensure the safety of society, the accusatory is gaining ground in every country. In English-speaking countries it is an established law that an accused person should have the right of publicity of the proceedings and the right to defend himself by counsel and by witnesses. In Europe the inquisitorial system is gradually being abandoned. Perhaps the best code of criminal procedure in Europe is that promulgated in Austria in 1873, It followed a fundamental law of the Empire which laid down inter alia that all legal proceedings, civil or criminal, should be oral and public, and that the accusatory system in criminal cases should be adopted. Germany followed this example. Italy, Holland, Switzerland and Spain have followed Austria and Germany as regards the preliminary investigation; Italy and Belgium have surrounded the accused with guarantees against arbitrary confinement before trial; Holland has conferred upon the accused the right of seeing the adverse testimony and of being confronted with the witnesses, and, further, has formally insisted that no insidious questions, such as questions assuming a fact as true which is not known to be true, should be allowed. Other countries still remain on the old lines. But everywhere, whether reform has actually been accomplished or not, there is a demand for even-handed justice, and a growing conviction that the accused should have all his rights, now that society is no longer in danger from undiscovered criminals and unpunished crime. Even in France, the champion of the inquisitorial system, a change is being made. Up to 1897 secrecy was imposed invariably in the preliminary investigation of crime, and was held necessary for the discovery and punishment of the offender. The Loi de l'instruction contradictoire, December 8, 1897, however, was a long step towards complete justice in the treatment of the accused in the preliminary inquiry. The main reform is that the accused, after he has once appeared before the judge and a formal charge has been made against him, is entitled to the assistance of counsel, either chosen by himself or assigned to him if he is poor. If he is in prison he is allowed to communicate freely with his counsel, who is entitled to see all the proceedings, and in every appearance before the judge his counsel accompanies him. There are, however, certain limitations. The counsel cannot address the judge without leave, which may be refused, nor can he insist on any proceeding he thinks necessary in his client's interest. He can only solicit. He has no right to be present at the examination of witnesses, who continue to be interrogated by the judge alone and not in the presence of the accused; but he must receive twenty-four hours' notice of every appearance of the accused, and he is entitled to be present whenever his client, after the first formal appearance, comes before the judge. In England, as already pointed out, although the prosecution is in the name of the crown, and although a public prosecutor has been appointed, still as a rule it is conducted by the person injured as the person injured, or by the police.

3. In England the single-judge system is universal, save in appeal; on the continent of Europe plurality of judges is insisted upon, save in the most trivial cases, where the punishment is insignificant. In most countries of the continent of Europe the whole machinery for the prevention, investigation and punishment of crime, is conducted by what is called the parquet, which represents society as a collective unit and not the individual | injured. The head of the whole parquet in France is the procureurgénéral, who holds equal rank with the members of the supreme court. Under him there are procureurs-généraux attached to each of the courts of appeal, of which in France there are twentysix, and under each of these subordinate procureurs there are procureurs (prosecutors) of a lesser degree. The next stage

to the parquet is the juge d'instruction, who corresponds to the English magistrate, and is the most formidable personage in the whole system of French criminal law. He can detain and accuse a person in prison, can send for him at any time and ask him such questions as he pleases.

After the first examination the prisoner is entitled, in most European countries, to the assistance of counsel, but the powers of counsel are so limited that the juge d'instruction has a complete discretionary power regarding the investigation of the case. The natural consequence of this procedure is that the preliminary investigation really decides the ultimate result, and the final trial becomes more or less a solemn form.

Ireland.

The criminal law of Ireland is to a great extent the same as that of England, resting on the same common law and on statutes which extend to both countries or are in almost the same terms, and is administered by courts of assize and quarter sessions, and by justices, as in England. In a few instances statutes passed for England or Great Britain before the Union have not been extended to Ireland, or statutes passed by the Irish parliament before the Union or by the British parliament since the Union create offences not known to English law. In Ireland the system of prosecution is nominally the same as in England, but in practice almost all prosecutions are instituted and conducted under the direction of the attorney-general for Ireland, who is a member of the government of the day, and so responsible to parliament, as in the case of the lord advocate. In Ireland, owing to the police being a centralized force, under the management of commissioners residing in Dublin, any prosecution which in England might be conducted by the local police, would in Ireland be conducted under the direction of the chief of the police in Dublin, who is necessarily in close communication with and under the control of the attorney-general.

In Scotland hardly any crimes are constituted by statute law, the common law being to the effect that if a judge will direct any act to be a crime, and a jury will convict, Scotland. that act is a crime. This great elasticity of the common law to include every sort of new crime which might arise was in times past very dangerous to political liberty, as it greatly enlarged the power of the crown to oppress political opponents, but in modern days it has its convenience in facilitating the punishment of persons committing crimes for the punishment of which in England a new act of parliament may be necessary. Criminal procedure in Scotland is regulated by an act of 1887 which greatly simplified indictments and proceedings. The prosecution of crime is in the hands of public officers, procurators fiscal, under the control of the lord advocate. Private prosecutions are possible, but rare. Except in the case of the law of treason, imported from England at the Union, no grand jury is required, and the indictments are filed by the public officer.

The criminal law of England forms the basis of the criminal law of all British possessions abroad, with a few exceptions, e.g. the Channel Islands (still subject to the custom of Other Normandy) and the anomalous case of Cyprus, where Mahommedan law is to some extent in force. As to India, see infra.

British

posses

sions.

In many British colonies the criminal law has been codified or at the least consolidated. Criminal codes have been passed in Canada, New Zealand (1893), Queensland (1899) and W. Australia (1901). Many crown colonies have codes framed on the model prepared by the late Sir R. S. Wright for Jamaica and revised in 1901, and in British Guiana opportunity was taken (in 1893) to abolish the remnants of Roman-Dutch criminal law.

The criminal law of South Africa, which is based on the RomanDutch law, including the Constitutio Criminalis Carolina (1532), is not codified. In the Transvaal and Orange River colonies codes of criminal procedure are in force, drawn mainly from the common and statute law of the Cape Colony with the addition of provisions borrowed from English and colonial legislation.

In Mauritius the criminal law is comprised in a penal code of 1838 and a procedure code of 1853, which, with the incorporated amendments, are to be found in the Revised Laws of Mauritius

Passing on to the system of criminal procedure which is set forth in detail in the Code of Criminal Procedure as amended Indian in 1898, it is no doubt modelled on the English system, code of but with considerable modifications. The principal criminal steps are (1) arrest by the police and inquiries by procedure. the police; (2) the issue of summons or warrant by the magistrate; (3) the mode of procedure before the magistrate, who may either try the accused himself or commit him to the sessions or the High Court, according to the importance of the case; (4) procedure before the court of session; (5) appeals, reference and revision by the High Court.

Elaborate provision is made for the prevention of offences, as regards security for keeping the peace and for good behaviour, the dispersion of unlawful assemblies, the suppression of nuisances, disputes as to immovable property, which in all Oriental countries constitute one of the most frequent causes of a breach of the peace.

Ample provision is thus made for the prevention of offences, and the code next deals with the mode of prosecution of offences actually committed.

As a general rule, every offence is inquired into and tried by the court within the local limits of whose jurisdiction it was committed. Differing from the practice of continental countries, all offences, even attempts, may be prosecuted after any lapse of time. As in England, there is no statutory limitation to a criminal offence.

A simple procedure is provided for what are called summons cases, as distinguished from warrant cases-the first being offences for which a police officer may arrest without warrant, the second being offences where he must have a warrant, or, in other words, minor offences and important offences. In summons cases no formal charge need be framed. The magistrate tells the accused the particulars of the offence charged; if he admits his guilt, he is convicted; if he does not, evidence is taken, and a finding is given in accordance with the facts as proved. When the complaint is frivolous or vexatious, the magistrate has the power to fine the complainant. The code gives power of criminal appeal which goes much further than the system in England.

In cases tried by a jury, no appeal lies as to matters of fact, but it is allowed as to matters of law; in other cases, criminal appeal is admitted on matters of law and fact.

In addition to the system of appeal, the superior courts are entrusted with a power of revision, which is maintained automatically by the periodical transmission to the High Courts of calendars and statements of all cases tried by the inferior courts; and at the same time, whenever the High Court thinks fit, it can call for the record of any trial and pass such orders as it deems right. All sentences of death must be confirmed by the High Court. No appeal lies against an acquittal in any criminal | case. This system of appeal, superintendence and revision would be totally inapplicable to England, but it has proved eminently successful as applied to the present social condition of the inhabitants of India. The appeals keep the judges up to their work, revision corrects all grave mistakes, superintendence is necessary as a kind of discipline over the conduct of judges, who are not subjected, as in England, to the criticism of enlightened public opinion.

These Indian codes form the basis of the penal, &c., codes in force in Ceylon (superseding there the Roman-Dutch law), the Straits Settlements, the Sudan and the East Africa protectorates. It has already been stated that most European states have codified their criminal law. The earliest of continental codes is that of Charles V., promulgated in 1532, and known Foreign as Constitutio Criminalis Carolina. Austria made codes. further codes in 1768 (Constitutio Criminalis Theresiana) and 1787 (Emperor Joseph's code). A new code was framed in 1803, and amended in 1852 by reference to the Code Napoléon; and in 1906 a completely new code existed in draft. The Hungarian penal code dates from 1880. The Bavarian code

The most important of the continental criminal codes are those of France, the Code Pénal (1810) and the Code d'Instruction Criminelle (1808)—the work of Napoleon the Great and his advisers, which professedly incorporate much of the Roman law. The Belgian codes (1867), and the Dutch penal code (1880), closely follow the French model. In Spain the penal code dates from 1870, the procedure code from 1886. The Spanish American republics for the most part also have codes. Portugal has a penal code (1852). In Italy the procedure code and the penal code, perhaps the completest yet framed, are of 1890. The Swedish code dates from 1864. The Norwegian code was passed in May 1902, and came into force in 1905. Japan has a code based on a study of European and American models; and Switzerland is framing a federal criminal code.

In the United States no federal criminal code is possible; but most states, following the lead of Louisiana, have digested their criminal law and procedure more or less effectually into penal codes. (W. F. C.)

CRIMINOLOGY, the name given to a new branch of social science, devoted to the discussion of the genesis of crime (q.v.), which has received much attention in recent years. The expression is one of modern coinage, and originated with the speculative theories first advanced by the school of sociologists which had the Italian savant, Professor Lombroso, at its head. He discovered or was supposed to have discovered a criminal type, the "instinctive or born criminal, a creature who had come into the world predestined to evil deeds, and who could be surely recognized by certain stigmata, certain facial, physical, even moral birthmarks, the possession of which, presumably ineradicable, foredoomed him to the commission of crime. Dr Lombroso, in his ingenious work L'Uomo delinquente, found many attentive and appreciative, not to say bigoted followers. Large numbers of dissentients exist, however, and the conclusions of the Italian school have been warmly contested and on very plausible grounds. If the doctrines be fully accepted the whole theory of free-will breaks down, and we are faced with the paradox that we have no right to punish an irresponsible being who is impelled to crime by congenital causes, entirely beyond his control. The "instinctive " criminal, under this reasoning, must be classed with the lunatic whom we cannot justly, and practically never do, punish. There are other points on which proof of the existence of the criminal type fails absolutely. The whole theory illustrates a modern phase of psychological doctrine, and the subject has exercised such a potent effect on modern thought that the claims and pretensions of the Lombroso school must be examined and disposed of.

The alleged discovery of the "born-criminal" as a separate and distinct genus of the human species was first published by Dr Lombroso in 1876 as the result of long continued investigation and examination of a number of imprisoned criminals. The personality of this human monster was to be recognized by certain inherent moral and physical traits, not all displayed by the same individual but generally appearing in conjunction and then constituting the type. These traits have been defined as follows:-various brain and cerebral anomalies; receding foreheads; massive jaws, prognathous chins; skulls without symmetry; ears long, large and projecting (the ear ad ansa); noses rectilinear, wrinkles strongly marked, even in the young and in both sexes, hair abundant on the head, scanty on the cheeks and chin; eyes feline, fixed, cold, glassy, ferocious; bad repellent faces. Much stress is laid upon the physiognomy, and it is said that it is independent of nationality; two natives of the same country do not so nearly resemble each other as two criminals of different countries. Other peculiarities are:-great width of the extended arms (l'envergure of the French), extraordinary ape-like agility; left-handedness as well as ambi-dexterism; obtuse sense of smell, taste and sometimes of hearing, although the eyesight is superior to that of normal people. "In general," to quote Lombroso, "the born criminal has projecting ears, thick

by masters of vessels to the suppliers of crews to ships denuded by desertions, have reduced the abuse materially,

66

The term to shanghai" is used of a more serious offence. Literally meaning " to ship to Shanghai," in China, it is applied to the drugging or rendering unconscious by violence or other means of persons, whether sailors or not, and shipping them to distant ports, in order fraudulently to obtain money in advance of wages, or for the sake of the premium paid for supplying crews. CRIMSON, the name of a strong, bright red colour tinged to a greater or less degree with purple. It is the colour of the dye produced from the dried bodies of the cochineal insect (Coccus cacti). The word, in its earlier forms cremesin, crymysyn, also cramoysin, cf. cramoisy," the name of a red cloth, is adapted from the Med. Lat. cremesinus for kermesinus or carmesinus, the dye produced from the insect Kermes (Coccus ilicis), Arab. quirmiz, which Skeat (Etym. Dict., 1898) connects with the Sanskrit krimi, cognate with Lat. vermis and Eng. "worm." From the Lat. carminus, a shortened form of carmesinus, comes "carmine" (q.v.). ·

CRINAGORAS, of Mytilene, Greek epigrammatist, flourished during the reign of Augustus (Strabo xiii. p. 617). A number of epigrams appear under his name in the Greek Anthology. From inscriptions discovered at Mytilene, he appears to have been one of the ambassadors sent from that city to Rome in 45 and 26 B.C.

The epigrams have been edited by M. Rubensohn (1888). CRINOLINE (a Fr. word formed of the Lat. crinis, hair, and linum, thread), a stiffening material made of horse-hair and cotton or linen thread. Substitutes for this, such as the strawlike material used in making hat shapes, are also known by the same name. From the use of the material to expand ladies' skirts the term was applied, during the third quarter of the 19th century, when the fashion of wearing greatly expanded skirts was at its height, to the whalebone and steel hoops employed to support the skirts thus worn (see COSTUME). The term is also used of structures resembling these articles, especially of the framework of booms, spars and netting forming a protection for a warship against torpedo attack.

CRINUM, a genus (nat. ord. Amaryllidaceae) of bulbous plants with rather broad leaves and a solid leafless stem, bearing a cluster of handsome white or red funnel-shaped regular flowers. They are well known in cultivation, and owing to the wide distribution of the genus different methods are adopted with different species. Some require the hot, moist temperature of a stove; such are C. amabile, a native of Sumatra, C. amoenum (India), C. Balfourii (Socotra), C. giganteum (West tropical Africa), C. Kirkii (Zanzibar), C. latifolium (India), C. zeylanicum (tropical Asia and Africa), and others. Others thrive in a greenhouse; such are C. asiaticum, a widely distributed plant on the sea-coast of tropical Asia, C. capense and C. longiflorum, from the Cape, and C. Macowani and C. Moorei from Natal. C. asiaticum, C. capense and C. Macowani will also thrive in sheltered positions in the garden.

CRIOBOLIUM, the sacrifice of a ram in the cult of Attis and the Great Mother. It seems to have been a special ceremony instituted after the rise, and on the analogy of the taurobolium (q.v.), which was performed in honour of the Great Mother, for the purpose of giving fuller recognition to Attis in the duality which he formed with the Mother. There is no evidence of its existence either in Asia or in Italy before the taurobolium came into prominence (after A.D. 134). When the criobolium was performed in conjunction with the taurobolium, the altar was almost invariably inscribed to both the Mother and Attis, while the inscription was to the Mother alone when the taurobolium only was performed. The celebration of the criobolium was widespread, and its importance such that it was sometimes performed in place of the taurobolium (Corp. Inscr. Lat. vi. 505, 506). The details and effect of the ceremony were no doubt similar to those of the taurobolium. (G. SN.)

CRIPPLE CREEK, a city and the county-seat of Teller county, almost at the geographical centre of Colorado, U.S.A., one of the phenomenal mining camps of the West. Pop. (1900)

10,147 (1408 foreign-born); (1910) 6206. The city is served by three railways-the Colorado Springs & Cripple Creek District (a branch of the Colorado & Southern), the Midland Terminal (which connects at Divide, 30 m. distant by rail, with the Colorado Midland), and the Florence & Cripple Creek. Cripple Creek is situated on a mountain slope in a pocket amid the ranges, about 9600 ft. above the sea at the head of the stream after which it is named. The municipal water-supply is drawn from Pike's Peak, 10 m. distant. The interest of the city is in its extraordinary mines and their history. Cripple Creek's site was frequently prospected after 1860, and "colours" and gold float " were always found, but not until February 1891 was the source discovered. Cripple Creek was at that time a cattle range. In 1891 the output of gold in the district was valued at $449, in 1892 at $583,010, and in the next three years at $2,010,367, $2,908,702 and $6,879,137 respectively. From 1891 to 1906 the total production of gold was valued at $168,584,331; in 19051 the product of gold was valued at $15,411,724, the total for the whole state being valued at $25,023,973; in 1906 the output for the district was valued at $14,253,245, out of $23,210,629 for the entire state. The development of the camp into a yellow-pine town and then into something more like a substantial city was marvellously rapid. The first railway was completed in 1894. In the same year a great strike-one of the most famous in American industrial history-threatening civil war, temporarily closed the mines; in 1896 fire almost destroyed the city; in 1903-1904 a second strike, lasting more than a year and greater than the first, occurred. The first strike, which was for an eight-hour day and $3.00 wage, was won by the miners. The second, for the recognition outright of the union organization of the miners, secured only a reaffirmation of the former conditions. The ores are almost exclusively gold, tellurides being the most characteristic form, and occur in fissure veins. Outcroppings were very rare, as the veins were covered with loose wash, and this accounted for the late opening of the field. The field covers a district about 8X10 m. Some peculiarities of the ores have required the use of new methods in their treatment, and in general the development of mining methods and machinery is of a wonderful character. The whole surrounding country is seamed with miles of tunnels in granite, and the hillsides are dotted everywhere with enormous dumps. The most famous mines have been the "Independence" (1891) and the "Portland" (1892). The latter had in 1904 more than 25 m. of workings above the 1100-ft. level. In 1903 the El Paso drain was completed, to unwater the western half of the field to the 880-ft. level, greatly increasing many mine values and outputs; in 1906 the work of drainage was again taken up, and work on a long bore was begun in May 1907. There are smelters and cyanide extracters in the district, but the bulk of the ore product is shipped to other places for treatment. Among the towns around Cripple Creek in the same mining district is Victor, pop. (1900) 4986, incorporated in 1894, chartered as a city in 1898.

See W. Lindgren and F. L. Ransome, Geology and Gold Deposits of the Cripple Creek District, Colorado, with maps (Washington, 1906), being Professional Paper No. 54 of the United States Geological Survey; and Benjamin McKie Rastall, The Labor History of the Cripple Creek District; A Study in Industrial Evolution (Madison, Wis., 1908), a full account of the strikes of 1894 and of 1903-1904.

CRISA, or CRISSA, in ancient geography, one of the oldest cities of Greece, situated in Phocis, on one of the spurs of Parnassus. Its name occurs both in the Iliad and in the Homeric Hymns, where it is described as a powerful place, with a rich and fertile territory, reaching to the sea, and including within its limits the sanctuary of Pytho. As the town of Delphi grew up around the shrine, and the seaport of Cirrha arose on the Crisean Gulf, Crisa gradually lost much of its importance. By the ancients themselves the name of Cirrha was so often substituted for that of Crisa, that it soon became doubtful whether

1 The value of gold mined in 1899-1902 was greater, annually, than the product of 1905 or 1906; up to 1905 the greatest annual value was in 1900, $18,073,539,