of summary jurisdiction (q.v.), and many merely statutory offences which would ordinarily be punishable summarily may at the election of the accused be tried by a jury on indictment (Summary Jurisdiction Act 1879, s. 17).
The question whether a particular offence is felony or misdemeanour can be answered only by reference to the history of the offence and not by any logical test. For instance, killing a horse in an unlicensed place is still felony under a statute of 1786. But most crimes described as felonies are or have been capital offences at common law or by statute, and have also entailed on the offender attaint and forfeiture of goods. A few felonies were not punishable by death, e.g. petty larceny and mayhem. Where an offence is declared a felony by statute, the common law punishments and incidents of trial attach, unless other statutory provision is made (Blackstone, Commentaries, iv. 94).
The chief common law felonies are: homicide, rape, larceny (i.e. in ordinary language, theft), robbery (i.e. theft with violence), burglary and kindred offences. Counterfeiting the coin has been made a felony instead of being treason; and forgery of most documents has been made a felony instead of being, as it was at common law, a misdemeanour. At the beginning of the 19th century felony was almost equivalent to capital crime; but during that century capital punishment was abolished as to all felonies, except wilful murder, piracy with violence (7 W. IV. & 1 Vict. c. 88, s. 2) and offences against the Dockyards, &c., Protection Act 1772; and by the Forfeiture Act 1870, a felon no longer forfeits land or goods on conviction, though forfeiture on outlawry is not abolished. The usual punishment for felony under the present law is penal servitude or imprisonment with or without hard labour. “Every person convicted of any felony for which no punishment is specially provided by the law in force for the time being is liable upon conviction thereof to be sentenced to penal servitude for any period not exceeding seven years, or to be imprisoned with or without hard labour for any term not exceeding two years” (Stephen, Dig. Cr. Law (6th ed.), art 18, Penal Servitude Act 1891). A felon may not be fined or whipped on conviction nor put under recognizance to keep the peace or be of good behaviour except under statutory provision. (See Offences against the Person Act 1861, ss. 5. 71.)
The result of legislative changes is that at the present time the only practical distinctions between felony and misdemeanour are:—
1. That a private person may arrest a felon without judicial authority and that bail on arrest is granted as a matter of discretion and not as of right. Any one who has obtained a drove of oxen or a flock of sheep by false pretences may go quietly on his way and no one, not even a peace officer, can apprehend him without a warrant, but if a man offers to sell another a bit of dead fence supposed to have been stolen, he not only may but is required to be apprehended by that person (Greaves, Criminal Law Consolidation Acts). (See Arrest, Bail.)
2. That on an indictment for felony counts may not be joined for different felonies unless they form part of the same transaction. (See Indictment.)
3. That on a trial for felony the accused has a right peremptorily to challenge, or object to, the jurors called to try him, up to the number of twenty. (See Jury.)
4. That a felon cannot be tried in absentia, and that the jury who try him may not separate during the trial without leave of the court, which may not be given in cases of murder.
5. That a special jury cannot be empanelled to try a felony.
6. That peers charged with felony are tried in a special manner. (See Peerage.)
7. That the costs of prosecuting all felonies (except treason felony) are paid out of public funds: and that a felon may be condemned to pay the costs of his prosecution and to compensate up to £100 for any loss of property suffered by any person through or by means of the felony. In the Criminal Code Bills of 1878–1880 it was proposed to abolish the term felony altogether: and in the Queensland Criminal Code 1899 the term “crime” is substituted, and within its connotation are included not only treason and piracy but also perjury.
8. That a sentence of a felon to death, or to penal servitude or imprisonment with hard labour or for over twelve months, involves loss of and disqualification for certain offices until the sentence has been served or a free pardon obtained. (Forfeiture Act 1870.)
It is a misdemeanour (i.) to compound a felony or to agree for valuable consideration not to prosecute or to show favour in such prosecution; (ii.) to omit to inform the authorities of a felony known to have been committed (see Misprision), and, (iii.) not to assist in the arrest of a felon at the call of an officer of the law. (See Criminal law; Misdemeanour; Misprision.)
FELSITE, in petrology, a term which has long been generally
used by geologists, especially in England, to designate fine-grained
igneous rocks of acid (or subacid) composition. As a
rule their ingredients are not determinable by the unaided eye,
but they are principally felspar and quartz as very minute
particles. The rocks are pale-coloured (yellowish or reddish as
a rule), hard, splintery, much jointed and occasionally nodular.
Many felsites contain porphyritic crystals of clear quartz in
rounded blebs, more or less idiomorphic felspar, and occasionally
biotite. Others are entirely fine-grained and micro- or crypto-crystalline.
Occasionally they show a fluxional banding; they
may also be spherulitic or vesicular. Those which carry porphyritic
quartz are known as quartz-felsites; the term soda-felsites
has been applied to similar fine-grained rocks rich in soda-felspar.
Although there are few objections to the employment of felsite as a field designation for rocks having the above characters, it lacks definiteness, and has been discarded by many petrologists as unsuited for the exact description of rocks, especially when their microscopic characters are taken into consideration. The felsites accordingly are broken up into “granite-porphyries,” “orthophyres” and “orthoclase-porphyries,” “felsitic-rhyolites,” “keratophyres,” “granophyres,” “micro-granites,” &c. But felsite or microfelsite is still the generally accepted designation for that very fine-grained, almost crypto-crystalline substance which forms the ground-mass of so many rhyolites, dacites and porphyries.
In the hand specimen it is a dull, lustreless, stony-looking aggregate. Under the microscope even with high powers and the very thinnest modern sections, it often cannot be resolved into its components. In places it may contain determinable minute crystals of quartz; less commonly it may show grains which can be proved to be felspar, but usually it consists of an ultra-microscopic aggregate of fibres, threads and grains, which react to polarized light in a feeble and indefinite manner. Spherulitic, spotted, streaky and fluidal structures may appear in it, and many different varieties have been established on such characters as these but without much validity.
Its association with the acid rocks, its hardness, method of weathering and chemical composition, indicate that it is an intermixture of quartz and acid felspar, and the occasional presence of these two minerals in well-defined grains confirms this. Moreover, in many dikes, while the ground-mass is microcrystalline and consists of quartz and felspar near the centre of the mass, towards the margins, where it has been rapidly chilled by contact with the cold surrounding rocks, it is felsitic. The very great viscosity of acid magmas prevents their molecules, especially when cooling takes place suddenly, from arranging themselves to form discrete crystals, and is the principal cause of the production of felsitic ground-masses. In extreme cases these conditions hinder crystallization altogether, and glassy rocks result. Some rocks are felsitic in parts but elsewhere glassy; and it is not always clear whether the felsite is an original substance or has arisen by the devitrification of primary glass. The presence of perlitic structure in some of these felsites points to the latter conclusion, and the results of an examination of ancient glasses and of artificial glass which has been slowly cooled are in accordance with this view. It has been argued that felsite is a eutectic mixture of quartz and felspar, such that when solidification takes place and the excess of felspar (or quartz) has
