8.
A fortiori, no intention could be imputed to the other two
defendants.
352
In my judgment the effect of the presence of the sketches
(not taken on the spot but clearly taken afloat and relating to
other forts than those in the vicinity of which defendants were
arrested) in the note book was exhausted by the conversion thereby
of an ordinary note book into sketching material and could not
further operute to establish an intention on the part of the possese
-or to zake sketches. Evidence of such an intention pight have been
farnished by some overt act a.g. production and use of sketching
materials on the spot or by other circumstances a.g. the concealment
of sketching material, or the denial of its possession, or the possession
of sketches of the adjoining forta ke but no evidence of this na-
ture was adduced.
3.
Turning now to the first charge of entering any battery, fiala-
work or fortification without bearing a written order af admittance"
I considered that the offence of entering a fieldwork without pro-
per authority had been proved; and it was of this offence that I
convicted the defendants.
10. Section 1 of Ordinance X of 1991 contains an absolute pro-
hibition directed against all except two classes of individuals, in
neither of which defendants were included, zad is in effect an
enactment which provides special punishment for a particular des-
cription of trespass. It then remained for me to estimute the degree
of gull involved and the measure of punishment to be laflicted.
11.
In settling these two points I had to bear in mind.